The purpose of this rule is to implement Section
501.612(1),
F.S. The department shall not issue an initial or renewal license to any person
applying for a commercial telephone seller or salesperson or an entity
providing substance abuse marketing services license if the department finds
that the applicant, or any of its owners, operators, officers, directors,
partners, or other individuals engaged in the management activities of the
applicant, has:
(1) Been convicted or
found guilty of, or entered a plea of guilty or nolo contendere to, any
misdemeanor crime within the last three (3) years that involves fraud, theft,
embezzlement, fraudulent conversion, or misappropriation of property, or any
other crime involving moral turpitude.
(2) Been convicted or found guilty of, or
entered a plea of guilty or nolo contendere to, any violation of Section
832.05(2) or
832.05(4), F.S.
within the last three (3) years and and has not successfully completed or
satisfied all the conditions and/or terms of his or her sentencing, including
any probation or parole.
(3) Been
convicted or found guilty of, or entered a plea of guilty or nolo contendere
to, any felony crime within the last five (5) years that involves fraud, theft,
embezzlement, fraudulent conversion, or misappropriation of property.
(4) Been convicted or found guilty of, or
entered a plea of guilty or nolo contendere to, any felony crime within the
last seven (7) years that involves racketeering or any offense involving
robbery, carjacking, attempted carjacking, home invasion, or misappropriation
of moneys by commisioners to make sales.
(5) Been convicted or found guilty of, or
entered a plea of guilty or nolo contendere to any capital offense within the
last 10 years.
(6) Been convicted
or found guilty of, or entered a plea of guilty or nolo contendere to, any
crime that involves racketeering, fraud, theft, embezzlement, fraudulent
conversion, or misappropriation of property, or involving moral turpitude, and
who has not successfully completed or satisfied all the conditions and/or terms
of his or her sentencing, including any probation or parole.
(7) Had entered against him or her, or any
business for which he or she has been affiliated as an owner, operator,
officer, director, partner, or worked in the management activities, an
injunction, a temporary restraining order, or a final judgment or order,
including a stipulated judgment or order, an assurance of voluntary compliance,
or any similar document, in any civil or administrative action involving
racketeering, fraud, theft, embezzlement, fraudulent conversion, or
misappropriation of property, or the use of any untrue or misleading
representation in an attempt to sell or dispose of real or personal property or
the use of any unfair, unlawful, or deceptive trade practice and who has not
satisfied all the conditions and/or terms of his or her judgment or
order.
