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McCollum Aims To Restrict Licensing For Ex-Convicts

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By CATHERINE DOLINSKI

cdolinski@tampatrib.com

Published: October 21, 2008

TALLAHASSEE - Controversy over ex-convict mortgage brokers reignites today when Attorney General Bill McCollum proposes overhauling professional licensing for felons.

After The Miami Herald reported this summer that more than 10,000 felons had worked as mortgage brokers since 2000 - in some cases, defrauding consumers - McCollum said he wanted to restrict licensing for all felons.

At today's Clemency Board meeting, he will propose making all felons wait seven years after their other civil rights are restored before applying for certain licenses.
Mortgage brokering tops the list, he said, although he would also extend the restriction to other professions with "trust" or "fiduciary" duties - possibly Realtors and lawyers, for example.

McCollum stressed he is not proposing any changes affecting voting rights.

In August, the Office of Financial Regulation passed an emergency rule expanding the list of past crimes disqualifying or delaying a person from obtaining a brokering license.

McCollum said Monday that rule will not survive a court challenge. "If restoration of civil rights occurs ... none of these agencies can keep you from getting licenses unless the particular crime was directly related to the occupation you're applying to get a license for."

For example, he said, only the Clemency Board - made up of McCollum, Agriculture Commissioner Charles Bronson, Chief Financial Officer Alex Sink and Gov. Charlie Crist - has legal authority to prevent a drug trafficker from becoming a mortgage broker.

Muslima Lewis, of the American Civil Liberties Union in Florida, objected to restricting licensing across-the-board at the clemency stage. "Any ban that just restricts all people with past felony convictions, without any regard for the nature of the felony, is ... unfair."

Crist said in August that if a felon's crime is unrelated to the job he or she seeks, "we need to give people that second chance." Last week, however, Crist said he might be willing to treat licensing separately from restoration of other rights.

McCollum will raise his plan today for discussion only. The board would not vote on it before its next meeting.

Reporter Catherine Dolinski can be reached at (850) 222-8382.

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