Fla. Admin. Code R. 61B-60.003
(1) Application for License.
(2) Review for Form.
(3) Review for Good Moral Character.
(a) When the application has been determined to be in acceptable form, the division shall evaluate the application and make appropriate inquiry to determine the applicant’s moral character. For the purposes of this rule, the following factors bear upon good moral character:
1. The completion of a criminal history check by the Florida Department of Law Enforcement that reveals no convictions of a felony, no convictions of a misdemeanor involving moral turpitude, and no pleas of nolo contendere, pleas of guilty, or verdicts of guilty to a felony charge or of any non-felonious offense involving moral turpitude, fraud, theft, dishonesty, assault and battery, or false statement; and
2. Civil lawsuits and administrative actions bearing upon moral character (e.g., fraud, misrepresentation, theft, assault and battery); and
3. Applicant’s prior history of unlicensed brokering or sales activity in the State of Florida subject to the provisions of Chapter 326, F.S.; and
4. Tendering to the division a bank or other depository check for payment of any fee, which check lacks sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation, where the applicant, upon notification of same by the bank or division, fails to redeem the check or otherwise pay the fee within 21 days of such notification; and
5. Other relevant information generated in the course of the application process that bears upon the applicant’s moral character, including but not limited to those acts described by Section 326.006(2)(e)-(f), F.S.; and
6. Failure of the applicant to provide full and complete disclosure, or to provide accurate information, on the application for licensure.
7. The foregoing factors shall be considered in determining whether an applicant is of good moral character for purposes of licensure under Chapter 326, F.S., if they comply with the following guidelines:
a. The disposition of criminal charges shall be considered if such constitutes a felony, or if such constitutes a misdemeanor involving moral turpitude, fraud, theft, dishonesty, assault and battery, or false statement.
b. The disposition of any administrative action or of any civil litigation involving fraud, misrepresentation, theft, assault and battery, or moral turpitude shall be considered if such results in a determination against the interests of the applicant.
c. Except as provided in sub-sub-paragraph 7.d. of this rule, no information relating to criminal, administrative or civil actions shall be considered if more than 5 years has elapsed from the satisfaction of the terms of any order, judgment, restitution agreement, or termination of any administrative or judicially-imposed confinement or supervision of the applicant, whichever is more recent.
d. Any action, proceeding, or grievance filed against the applicant, individually or otherwise, which relates to the applicant’s prospective duties, responsibilities, and obligations of licensure under Chapter 326, F.S., may be considered with no limitation as to time.
e. Other considerations such as termination of probation, compliance with and satisfaction of any judgment or restitution agreement may be considered as evidence of rehabilitation of the applicant’s good moral character.
(c) After receipt of the criminal history check, the division shall complete its evaluation of the moral character of the applicant. As used herein, “criminal history check” shall include verification of the nature and disposition of all criminal charges and all civil or administrative actions initiated against the applicant. Specifically, the inquiry may include the following:
1. National fingerprint processing;
2. Status as to any supervision of the applicant (e.g., confinement, probation, community service requirements);
3. Status as to any restitution agreements;
4. Status as to any civil judgments or final orders; and
5. Contact with arresting agencies and responses to requests for clarification by the division. The applicant shall assist the division in acquiring the foregoing information.
Specific Authority 215.405, 326.003 FS. Law Implemented 326.004, 326.006 FS. History–New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.003, Amended 2-13-97, 3-13-02, 5-15-03, 11-3-03.