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Arrested or Convicted? When a Florida Professional Must Report It to the Licensing Agency

A criminal case can create a license problem of its own, with a separate deadline. The rule depends on your profession, and many of these deadlines run from the plea, not the sentence.

Why this catches people off guard

Failing to report can be its own ground for discipline, separate from the underlying charge. Someone who resolves a minor case favorably can still end up in front of a board because nobody told them about the reporting rule. The rules below differ by profession, so check the one that governs your license.

Health care professionals: 30 days

Section 456.072(1)(x), Florida Statutes, makes it a ground for discipline to fail to report in writing, to the board or to the department if there is no board, within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

That language is broad. It covers any crime, in any jurisdiction, and a withhold of adjudication does not avoid it. Certain pleas can also trigger an emergency suspension.

Real estate licensees: 30 days for felonies

Section 475.25(1)(p) makes it a ground for discipline to fail to inform the Florida Real Estate Commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony. Separately, section 475.25(1)(f) allows discipline for a conviction or plea to certain crimes, including those that directly relate to the licensee's activities or involve moral turpitude or fraud. So a misdemeanor outside the 30-day rule can still matter.

Insurance licensees: 30 days

Section 626.621(10) covers failure to inform the Department of Financial Services in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more, without regard to whether a judgment of conviction has been entered.

Educators: 48 hours

Florida educators have the shortest clock, and it can start at arrest. Under Rule 6A-10.081(2)(c)13, Florida Administrative Code, an educator must self-report to a school district authority, or another appropriate authority, within 48 hours of an arrest for a felony or for a misdemeanor offense listed in section 435.04(2). A conviction, finding of guilt, withholding of adjudication, commitment to pretrial diversion, or plea of guilty or nolo contendere, other than a minor traffic violation, must be reported within 48 hours after the final judgment or commitment to pretrial diversion.

Contractors

Section 489.129 does not set a separate 30-day reporting rule. But section 489.129(1)(b) makes a conviction, finding of guilt or plea of nolo contendere, regardless of adjudication, to a crime directly related to the practice of or ability to practice contracting a ground for discipline. Other disclosure duties can come up on applications and renewals, so answer those questions accurately.

Before you report, and before you plead

Keep any report short and accurate, and have a lawyer review it first, because what you write may be used in both the licensing case and the criminal case. The better time for this conversation is before entering a plea. A license defense lawyer and your criminal defense lawyer should compare how each possible resolution would be treated by your board. Other professions and licenses have their own rules, so do not assume the ones above apply to yours.

Frequently asked questions

Does a withhold of adjudication mean I do not have to report?

Often it does not. The health care rule applies regardless of adjudication, and the insurance rule applies without regard to whether a judgment of conviction has been entered. Educators must report a withholding of adjudication expressly.

Do I have to report an arrest, or only a conviction?

It depends on the license. Florida educators must report an arrest for listed offenses within 48 hours. The health care, real estate and insurance provisions above are written in terms of a plea, conviction or finding of guilt. Other rules, and application or renewal questions, may ask more.

What happens if I missed the deadline?

Late reporting can be charged as its own violation, but it is usually better addressed than left alone. Talk to a license defense lawyer about how and when to report.

This guide is general information about Florida law as of its date, not legal advice for your situation. Deadlines and procedures vary by case and change over time; talk to an attorney about yours.

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