Florida Statutes 633.426 – Disciplinary action; standards for revocation of certification
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(1) For purposes of this section, the term:
(a) “Certificate” means any of the certificates issued under s. 633.406.
Terms Used In Florida Statutes 633.426
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Financial Services. See Florida Statutes 633.102
- Division: means the Division of State Fire Marshal within the Department of Financial Services. See Florida Statutes 633.102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(b) “Certification” or “certified” means holding a certificate that is current and valid and that meets the requirements for renewal of certification pursuant to this chapter and the rules adopted under this chapter.
(c) “Convicted” means a finding of guilt, or the acceptance of a plea of guilty or nolo contendere, in any federal or state court or a court in any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.
(2) Effective July 1, 2013, an individual who holds a certificate is subject to revocation for any of the following:
(a) Conviction of a misdemeanor relating to the certification or to perjury or false statements.
(b) Conviction of a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country.
(c) Dishonorable discharge from any of the Armed Forces of the United States.
(3)(a) The certification of an individual shall be permanently revoked if the individual is:
1. Convicted of a misdemeanor relating to perjury or false statement.
2. Convicted of a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country.
3. Dishonorably discharged from any of the Armed Forces of the United States.
(b) For individuals who are certified before July 1, 2013:
1. This subsection applies prospectively to convictions or dishonorable discharges entered on or after July 1, 2013.
2. Section 633.351 as it existed before July 1, 2013, applies to convictions entered before July 1, 2013.
(4) The certification of an individual shall be revoked if evidence is found which demonstrates that the certification was improperly issued by the division or was issued on the basis of false, incorrect, incomplete, or misleading information, or that the individual has demonstrated a lack of moral fitness or trustworthiness to carry out the responsibilities under the individual’s certification.
(5) After investigation, if the division has reason to believe that an individual who is certified may have been convicted of a felony or of a misdemeanor related to perjury or false statement in this state or any other state or jurisdiction, the division may require the individual to submit fingerprints to the division with a current processing fee. The fingerprints shall be forwarded by the division to the Department of Law Enforcement for state processing and shall be forwarded by the Department of Law Enforcement to the Federal Bureau of Investigation for national processing.