Criminal Charges and DBPR Licenses: Real Estate, Contractors, CPAs and Other Professionals

Real estate sales associates and brokers, contractors, certified public accountants and many other Florida professionals are licensed through the Florida Department of Business and Professional Regulation (DBPR). An arrest or criminal charge does not automatically affect a DBPR license. A plea, finding of guilt or conviction, however, can start a 30-day written reporting deadline and give the board grounds to discipline the license. Former prosecutor Daniel D. Nawara defends licensed professionals facing criminal charges in Sarasota, Manatee and surrounding counties. This page explains what the statutes say.

The general DBPR rule: s. 455.227(1)(t)

Chapter 455 contains the general rules for professions regulated by DBPR. Section 455.227(1)(t) makes it a ground for discipline to fail:

"to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction."

What this means in practice:

Trigger: a conviction, a finding of guilt, or a guilty or no contest plea, regardless of adjudication. A withhold of adjudication after a plea is still reportable.
Not a trigger by itself: an arrest or the filing of charges. The text starts the clock at the plea, finding or conviction.
Scope: "a crime in any jurisdiction." The text has no exception for misdemeanors, for offenses outside Florida, or for offenses unrelated to the profession.
Deadline: 30 days, in writing, to the board, or to DBPR for professions without a board.

The professional practice acts tie back to chapter 455. For example:

Section 475.25(1)(e) allows the Florida Real Estate Commission to discipline a licensee who violates chapter 455.
Section 489.129(1)(c) lists violating any provision of chapter 455 as a ground for disciplining contractors.
Section 473.323(1)(a) lists violating any provision of section 455.227(1) as a ground for disciplining CPAs.

See withhold of adjudication vs. conviction.

Real estate licensees: the separate felony rule in s. 475.25(1)(p)

Chapter 475 adds its own reporting rule for real estate brokers and sales associates. Under section 475.25(1)(p), the Commission may discipline a licensee who:

"Has failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony."

This rule is limited to felonies. The general chapter 455 rule above reaches any crime, including misdemeanors. A real estate licensee should treat both as applying.

Separately, section 475.25(1)(f) allows discipline for a conviction, finding of guilt or no contest plea, regardless of adjudication, to a crime that directly relates to the activities of a broker or sales associate, or that involves moral turpitude or fraudulent or dishonest dealing. Section 475.25(6) also requires DBPR or the Commission to notify a licensee's broker or employer in writing when a formal complaint is filed alleging violations of chapter 475 or chapter 455.

Contractors: chapter 489

Section 489.129(1)(b) allows the Construction Industry Licensing Board to discipline a certificate holder or registrant who is convicted or found guilty of, or pleads no contest to, regardless of adjudication, a crime in any jurisdiction that directly relates to contracting or the ability to practice contracting. The chapter 455 30-day reporting rule applies through section 489.129(1)(c).

Certified public accountants: chapter 473

Section 473.323(1)(d) allows the Board of Accountancy to discipline a CPA convicted or found guilty of, or pleading no contest to, regardless of adjudication, a crime that directly relates to public accounting or the ability to practice public accounting. Section 473.323(1)(a) incorporates section 455.227(1), including the 30-day reporting rule in paragraph (t).

Grounds for discipline vs. the duty to report

These are two separate questions:

Did you report on time? Missing the 30-day deadline is a violation in itself, even if the underlying offense has nothing to do with your work.
Does the offense itself justify discipline? Section 455.227(1)(c) covers crimes that relate to the practice of, or the ability to practice, the licensee's profession. Each practice act has similar provisions.

Under section 455.227(2), penalties can include:

Refusal to certify an application.
Suspension or permanent revocation.
Restriction of practice.
Fines up to $5,000 per count.
A reprimand.
Probation.
Corrective action.

Each board also has its own disciplinary guidelines.

What the criminal defense side can affect

The licensing statutes focus on how the criminal case ends. That gives the criminal defense real weight:

Dismissal or no information filed. If no plea is entered and there is no finding of guilt, the plain wording of section 455.227(1)(t) is not triggered.
Pretrial diversion. Whether diversion involves a plea depends on the program and the agreement. Read the terms with your lawyer. See pretrial diversion.
The offense of conviction. For licensees, a plea to a different offense, or to a misdemeanor instead of a felony, can change which licensing provisions apply. A real estate licensee, for example, faces the felony-specific rule in section 475.25(1)(p).
Fraud and theft charges. Offenses involving dishonesty are the ones most likely to be treated as related to many professions. See grand theft and petit theft.

Practical steps after an arrest

Note the date of any plea or finding. The 30-day clock runs from there.
Report in writing to the correct board or to DBPR, and keep proof of what you sent and when.
Answer renewal and application questions truthfully. Read each question closely; some ask about pleas regardless of adjudication.
Do not let a quick plea surprise your license. A no contest plea with a withhold avoids a conviction in criminal court, but it still triggers the DBPR reporting rule.
Remember that sealing has limits. Section 943.059(4)(b) lists the settings where a sealed record cannot be denied. Talk with a lawyer before answering any licensing question about a sealed or expunged record. See sealing and expungement.

Frequently asked questions

Do I have to report an arrest to DBPR or the Florida Real Estate Commission?

The text of section 455.227(1)(t) and section 475.25(1)(p) is triggered by a plea, finding of guilt or conviction, not by an arrest alone. Application and renewal forms may ask different questions, so read them closely.

Is a misdemeanor DUI reportable for a real estate agent?

The chapter 475 rule covers felonies only. Section 455.227(1)(t) covers "a crime in any jurisdiction," which includes a misdemeanor DUI that ends in a plea, finding of guilt or conviction. See Florida DUI defense.

Does a withhold of adjudication count?

Yes, if it follows a plea or a finding of guilt. Both statutes apply "regardless of adjudication."

Will my broker find out?

Section 475.25(6) requires notice to your broker or employer when a formal complaint is filed against you. Your own report goes to the Commission, not your broker.

Will reporting lead to discipline?

No one can predict that. The board looks at the offense, its relationship to the profession, timely reporting and other factors.

Talk with a Sarasota criminal defense lawyer

Call (941) 920-5514 or request a free consultation. Daniel D. Nawara defends the criminal case with the licensing consequences in view. The DBPR or board proceeding is a separate matter; ask about it at the consultation. Related pages: misdemeanor defense, felony defense, drug possession and domestic violence.

Updated October 1, 2026. General information only, not legal advice. Statutes, board rules and penalties change and depend on the facts. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.

Sources: Fla. Stat. § 455.227, § 475.25, § 489.129, § 473.323, § 943.059; DBPR.