CopyCited 17 times | Published | Supreme Court of Florida
...tance: Does a full pardon under chapter 940, Florida Statutes (1985), which restores the civil rights of a person convicted of a felony, relieve the pardoned person from the disqualification from certification as a law enforcement officer imposed by section 943.13(4), Florida Statutes (1985), *1345 on a person who has been convicted of any felony? Sandlin v....
...To support this request Sandlin submitted numerous letters from judges and attorneys averring his fitness to be a law enforcement officer. In discussing Sandlin's case various members of the commission noted Sandlin's rehabilitation and his moral and general fitness and qualifications. Based on its interpretation of section
943.13, Florida Statutes (1985), and subsection
112.011(1)(b), Florida Statutes (1985), however, the commission refused the certification....
...such a person for certification, notwithstanding his subsequent history. We hold that such a determination by the legislature is within its police power, and does not unconstitutionally impinge upon the executive's clemency power.
518 So.2d at 1297. Section
943.13 provides that any law enforcement officer shall: (4) Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement or have received a dishonorable or undesirable discharge from any of the Armed Forces of the United States....
...ous crimes. E.g., Page v. Watson ; In re Bar Examiners; Lee v. Department of Health & Rehabilitative Services,
518 So.2d 364 (Fla. 3d DCA 1987). See also Calhoun v. Department of Health & Rehabilitative Services,
500 So.2d 674 (Fla. 3d DCA 1987). Subsection
943.13(7) provides, as one of the minimum requirements for becoming a law enforcement officer, that an applicant must have a "good moral character as determined by a background investigation." The prohibition against certifying pardoned felons (subsection
943.13(4)) has been applied absolutely, creating a nonrebuttable presumption that pardoned felons are not of good character....
...Sandlin. See also 1970 Op.Att'y Gen.Fla. 070-157 (Oct. 30, 1970). This legislative disqualification, as interpreted by the commission and the district court, diminishes the effect of a pardon and imposes a legal disability. Such literal reading of subsection 943.13(4) creates a head-on confrontation between the legislature's power to enact laws to protect the public and the executive's power to pardon convicted felons....
...Moreover, courts will avoid declaring a statute unconstitutional if such statute can be fairly construed in a constitutional manner. Industrial Fire & Casualty Insurance Co. v. Kwechin,
447 So.2d 1337 (Fla. 1983). Such a construction is possible in this case. We thus approach the question of whether or not section
943.13 and the concept of pardons can coexist....
...cter, a poor moral risk, or an otherwise unfit appointee. In determining whether to certify Sandlin the commission may take into account and rely upon the facts of Sandlin's pardoned convictions and may give weight to the general policy expressed in section 943.13....
CopyCited 10 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 16274, 2002 WL 1575590
...is dismissal rather than less severe discipline. However, the plaintiff does not dispute the fact that he plead nolo contendere to official misconduct and conspiracy to commit official misconduct. Further, Mr. Cortes does not dispute that Fla. Stat. § 943.13(4) demands that "any person who, after July 1, 1981, pleads guilty or nolo contendere to or is found guilty of any felony or of a misdemeanor involving perjury or a false statement is not eligible for employment or appointment as an officer...
CopyCited 9 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 193, 1992 Fla. LEXIS 566, 1992 WL 56504
...offenses could not justify an increased penalty. The relevant facts reflect that Bradley, a certified correctional officer, was charged in an administrative complaint with violating the qualifications requirements for correctional officers found in section 943.13, Florida Statutes (1989)....
...e would be revocation of certification. This penalty is appropriate for the following reasons: a) Multiple moral character standard violations. The record demonstrates that the Respondent committed two violations of officer standards as set forth in Section 943.13(7)....
...antial evidence, nothing in the statute compels the agency to reject a finding of fact or a conclusion of law before it states with particularity its reasons for imposing a different penalty. Id. at 971-72 (Altenbernd, J., dissenting). In this case, section 943.13(7), Florida Statutes (1989), which establishes the minimum qualifications for correctional officers, requires that they "[h]ave a good moral character as determined by a background investigation under procedures established by the commission." As properly found by the hearing officer, section 943.1395(5)-(6) establishes a range of penalties, ranging from the revocation of certification to the issuance of a reprimand, which the Commission may impose on correctional officers found not to have maintained a good moral character....
...t egregious." We find that the Criminal Justice Standards and Training Commission complied with the requirements of section
120.57(1)(b)10 and, in rejecting the recommended penalty, properly increased the penalty within its statutory authority under section
943.1395(5)-(6)....
...Department of Professional Regulation, Division of Real Estate,
568 So.2d 970 (Fla. 2d DCA 1990), to the extent they conflict with this opinion. It is so ordered. SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] Art. V, § 3(b)(4), Fla. Const. [2] Section
943.1395(5)-(6), Florida Statutes (1989), reads, in pertinent part, as follows: (5) The commission shall revoke the certification of any officer who is not in compliance with the provisions of s.
943.13(1)-(10) or who intentionally executes a false affidavit established in s.
943.13(8), s.
943.133(2), or s.
943.139(2). ... . (6) Upon a finding by the commission that a certified officer has not maintained good moral character, the definition of which has been adopted by rule and is established as a statewide standard, as required by s.
943.13(7), the commission may enter an order imposing one or more of the following penalties in lieu of revocation of certification: (a) Suspension of certification for a period not to exceed 2 years....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1993 WL 96764
...hat these facts were relevant to rebut Loper's claim that he would have secured employment as a corrections officer. Allstate argued that Loper's criminal record tended to prove that Loper would be disqualified from obtaining such employment because section 943.13(7), Florida Statutes, requires that an applicant for corrections officer be "of good moral character." Loper's counsel objected to the admission of this evidence, arguing that Loper had not been convicted of the burglary offense and the record thereof had been expunged, that the misdemeanor convictions were not offenses that involved dishonesty or a false statement, and that these matters were not shown to disqualify him from being a corrections officer under section 943.13, Florida Statutes....
...idence. The criminal history was not shown to disqualify Loper from prospective employment as a corrections officer, and the prejudicial effect of such evidence far outweighed any possible probative value it might have had. This issue is governed by Section 943.13, Florida Statutes (1991)....
...Likewise, none of his misdemeanors were disqualifying under subparagraph (4) because they did not involve perjury or false statements. For these reasons, Allstate was left to argue that the evidence of past criminal history was nevertheless relevant to Loper's good moral character under subparagraph (7) of section 943.13....
...ubparagraph (7) reposes discretion in the agency to determine good moral character. Allstate, however, did not present any evidence that the Department of Corrections would likely treat Loper's criminal record as reflecting bad moral character under section 943.13(7) so as to disqualify him from employment....
...inal record of limited probative value, because the jury was not presented any evidence from which it could determine to what extent, if any at all, this criminal history would influence the agency's discretionary decision regarding employment under section 943.13(7)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 174361
...executive's clemency authority to grant pardons or restore civil rights. Sandlin,
531 So.2d at 1346. In Sandlin, the commission refused to certify Sandlin, a convicted felon who had received a full pardon, as a police officer on the grounds that subsection
943.13(4), Florida Statutes (1985), barred the certification of an applicant "convicted of any felony or of a misdemeanor involving perjury or a false statement...." This court, while recognizing "that the power of pardon is vested exclusivel...
...Criminal Justice Standards & Training Comm'n,
518 So.2d 1292, 1297 (Fla. 1st DCA 1987), quashed,
531 So.2d 1344 (Fla.1988). In Sandlin, we certified as a question of great public importance whether a full pardon restoring an applicant's civil rights relieved him from the disqualification imposed by subsection
943.13(4). The supreme court answered the certified question in the affirmative and quashed the opinion of this court. The supreme court found in Sandlin that a "literal reading of subsection
943.13(4) creates a head-on confrontation between the legislature's power to enact laws to protect the public and the executive's power to pardon convicted felons." Sandlin,
531 So.2d at 1346....
...had the broad discretion to refuse to certify if it deemed the applicant of bad character or otherwise unfit and "may take into account and rely upon the facts of Sandlin's pardoned convictions and may give weight to the general policy expressed in section 943.13." Id. at 1347. The general moral character requirement in the applicable statute in Sandlin, which provides that applicants must have "good moral character," section 943.13(7), Florida Statutes (1985), would appear to grant the Sandlin commission broader discretion to consider issues of character than is granted the circuit court in appointing a personal representative....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1990 WL 84421
...in law enforcement agencies. The Florida Legislature has established the *734 Criminal Justice Standards and Training Commission. §
943.11-.12, Fla. Stat. (1989). It has created substantial minimum qualifications for employment as a police officer. §
943.13, Fla. Stat. (1989). The legislature requires police officers to take continuing education courses to retain their officer status. §
943.135, Fla....
CopyCited 6 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 9826, 21 Fair Empl. Prac. Cas. (BNA) 315, 22 Empl. Prac. Dec. (CCH) 30, 605
...The City of West Miami uses no written tests for applicants for police officer. 23. The evaluating authority (the Mayor) had no written job qualifications (other than those state qualifications for employment as a police officer pursuant to Florida Statute Section 943.13) nor written job guidelines on those skills and traits for which the City was searching to guide his selection of new police officers....
...The Mayor had no police experience or law enforcement or criminal justice training upon which to base his employment decisions. 24. Plaintiff met and now meets all of the statutory qualifications for police officers in the State of Florida pursuant to Florida Statute Section 943.13....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 17544, 2009 WL 4030782
...Section
112.18(1), the statute that controls here, speaks equally of a "firefighter or state law enforcement officer" and confers precisely the same rights and obligations on firefighters as it confers on state law enforcement officers, no more and no less. §
112.18(1), Fla. Stat. (2001). The 2007 amendment to section
943.13(6) lends no support to appellee's position. That section
943.13(6)enacted as part of the Department of Law Enforcement Actlimits its reach to "a law enforcement officer, correctional officer, or correctional probation officer" is perfectly natural, and does not reasonably suggest that firefight...
...A law enforcement officer, correctional officer, or correctional probation officer may not use a physical examination from a former employing agency for purposes of claiming the presumption set forth in s.
112.18 against the current employing agency. §
943.13(6), Fla. Stat. (2008). Section
943.13 makes unmistakably clear that the Legislature reads section
112.18, exactly the same way Miami-Dade County does, as forbidding the use of "a physical examination from a former employing agency for purposes of claiming the presumption set forth in s.
112.18 against the current employing agency." §
943.13(6), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1987 WL 557
...of Law Enforcement, Tallahassee, for appellee. BARFIELD, Judge. Benjamin U. Sandlin appeals an order of the Criminal Justice Standards and Training Commission refusing to certify him as a law enforcement officer because of his past criminal record, pursuant to section 943.13(4), Florida Statutes (1985), notwithstanding a pardon and an exemplary record thereafter. At issue is the legal significance and effect of a pardon under Florida law. We affirm. Section 943.13(4) precludes any person who has been convicted of any felony from being employed or appointed as a law enforcement officer in Florida....
...t also presented letters of reference from judges, assistant state attorneys, public defenders, private attorneys, and a probation officer. Although some members were sympathetic to appellant, the Commission voted to deny certification, finding that section 943.13, Florida Statutes (1985), precluded it from certifying a person who has been convicted of a felony, even though he has been granted a pardon....
...gives guilt and entitles an applicant to all the rights of citizenship enjoyed by him before his conviction. It freely and unconditionally absolves the offender from all legal consequences of the conviction under Florida law." Appellant asserts that section 943.13(4) should not be interpreted as an absolute disqualification of all felons, regardless of *1294 a full pardon and regardless of present moral character, because such an interpretation ignores the power of a full pardon and nullifies th...
...tent is clear that a law enforcement officer candidate with a felony conviction shall not be certified and allowed to be employed in this state, regardless of the existence of a pardon. The Commission urges this Court to uphold its interpretation of section 943.13(4), which it asserts was made in deference to the Florida Supreme Court, [2] the Florida Attorney General, [3] and the Florida Legislature....
...partment of Insurance v. Southeast Volusia Hospital District, et al.,
438 So.2d 815, 820 (Fla. 1983), appeal dismissed,
466 U.S. 901,
104 S.Ct. 1673,
80 L.Ed.2d 149 (1984). The burden is upon appellant to show that the Commission's interpretation of section
943.13(4) is clearly erroneous, not merely that another interpretation would lead to a more just result in this litigation. While we sympathize with appellant's situation, we are unable to say that the Commission's interpretation of section
943.13(4) is clearly erroneous, in light of Florida case law [4] and the language of sections
112.011 and
943.13(4)....
...mittedly on the basis of an incomplete record and arguments by counsel that only obliquely suggested the issue, [6] that the Commission's order must be reversed because it is based upon an unconstitutional statute. Judge Ervin concedes that sections
943.13(4) and
112.011, when considered together, clearly reflect the legislature's intent that a prior felony conviction is a complete bar to a person's certification as a police officer, notwithstanding his later receipt of a pardon, and that sectio...
...ionally impinge upon the executive's clemency power. Under the circumstances, the Commission did not err in refusing to certify appellant as a law enforcement officer. However, because of the harsh consequences which result from this construction of section 943.13(4) in cases such as the one at issue, we certify to the Florida Supreme Court, as a matter of great public importance, the following question: Does a full pardon under chapter 940, Florida Statutes (1985), which restores the civil rights of a person convicted of a felony, relieve the pardoned person from the disqualification from certification as a law enforcement officer imposed by section 943.13(4), Florida Statutes (1985), on a person who has been convicted of any felony? The order of the Criminal Justice Standards and Training Commission is AFFIRMED....
...ancy in concurring with the conclusion that the Commission's decision to deny appellant's application was a proper exercise of discretion. Such, however, is not the issue. The record is clear that the Commission assumed, because of the provisions in Section 943.13(4), Florida Statutes (1985) [1] , that it had no discretion to act whatsoever....
...utionality of statutes although an appellate court is empowered to consider the constitutional issue de novo. See Key Haven Associated Enterprises, Inc. v. Board of Trustees of the Internal Improvement Trust Fund,
427 So.2d 153 (Fla. 1982). While section
943.13(4) is silent regarding whether it inflexibly bars the Commission from considering an application for one's employment as a law enforcement officer, if the applicant, as here, was convicted of a felony but later received an unconditiona...
...per. at 17, 419 A.2d at 638 (quoting Upshaw v. McNamara,
435 F.2d 1188, 1190 (1st Cir.1970)). [6] The parties were ordered to file supplemental briefs on the issue of whether the Commission's order must be reversed because sections
112.011(2)(a) and
943.13(4), Florida Statutes (1985), taken together, constitute an unconstitutional encroachment upon the pardon power conferred by article IV, section 8 of the Florida Constitution....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 5231
...examination upon entering service, before being entitled to benefits under the
statute. §
112.18(1)(a), Fla. Stat. (2001). In 2007, the pre-employment physical
requirement was extended to cover correctional officers and correctional probation
officers under §
943.13(6).
2
investigation, of inmates within a correctional institution.” §
943.10(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...n fact of good moral character at the time of the hearing. In his conclusions of law in the recommended order the hearing officer noted that in order to be a police officer one must not have been convicted of a misdemeanor involving moral turpitude, § 943.13(4)....
...The hearing officer concluded that pursuant to Section 943.145, however, the Commission has express authority to deny or to revoke certification for certain enumerated reasons. Under that Section certificates can be denied (or reactivation refused) for failure to meet the qualifications of Section 943.13 or of standards promulgated in Commission rules; certificates can be revoked for failure to maintain the qualifications of Section 943.13 or of standards promulgated in Commission rules....
...The hearing officer, by reading the two sections in pari materia, attributed significance to the use of the words "meet" in Section 943.145(2)(b) and "maintain" in Section 943.145(3)(a), giving the Commission authority to revoke certificates only for *82 failure to maintain Section 943.13 qualifications. The hearing officer concluded that appellant had not failed to maintain good moral character since his certification and the Commission was without authority to decertify for failure to initially meet Section 943.13 qualifications, especially in light of the principle that grounds for license revocation are to be strictly construed in favor of the licensee citing Lester v....
...ts to the Commission no other disclosures were required. The hearing officer recommended dismissing the complaint against appellant. The Commission, in the final order, accepted the hearing officer's findings of fact and his conclusion that under Section 943.13(4) Fla....
...Appellant had been charged not with failure to maintain his qualifications, but with not having been qualified initially. "The issue is not whether [Cirnigliaro] has maintained a good moral character subsequent to certification but whether he met the basic requirements of Section 943.13(4), Florida Statutes, for certification to start with." The Commission concluded that pursuant to Section 943.13(2) it had authority to certify those who met the requirements of Section 943.13 and satisfactorily completed a training program. Although the authority to decertify those who have been erroneously granted certification, without meeting the basic requirements of Section 943.13, F.S., is not explicit in the language of the statute[,] the power to certify necessarily and by fair implication carries with it the authority to decertify....
...(emphasis in final order) The Commission annulled and revoked appellant's certificate. The primary issue on appeal is whether the Commission erred in rejecting the hearing officer's conclusions of law as to the Commission's authority to revoke appellant's certificate. Appellant argues that *83 neither Section
943.13 nor Section
943.14(2) provides for Commission authority to revoke certificates once they have been issued: Section
943.13 only sets forth the qualifications to be met and Section
943.14(2) provides only initial certification authority....
...that appellant had disclosed all information necessary for certification and the Commission had notice of the conviction when it certified appellant and should be estopped from reconsidering the conviction after certification. Appellee asserts that Section 943.13(4) is explicit and contemplates no exceptions: one who has been convicted of a misdemeanor involving moral turpitude cannot be certified to be a police officer. Since Section 943.13(4) establishes this as a condition precedent, a certificate issued without the condition having been met would be void ab initio....
...fy under Section
943.14(2) or as expressly provided for in Section 943.145 (Supp. 1980), the Commission was authorized to revoke appellant's certificate because he did not possess the requisite qualifications for a police officer in this state under Section
943.13(4). Before Section 943.145 was added to the statute the applicable sections of the statute were Section
943.13 and Section
943.14. Section
943.14(2) provides that the Commission will issue a certificate to anyone who complies with the training program "and the qualifications for employment in Section
943.13... ." Section
943.13 provides: After August 1, 1974, any person employed as a police officer shall: (1) Be at least 18 years of age....
...training of officers and promulgate rules and regulations for the administration of Chapter 943. The Commission also would have had authority to revoke under Section 943.145(3)(a)(Supp. 1980) for failure to maintain the qualifications established in Section 943.13....
...his United States citizenship, or lost his good moral character. Since certification he has not committed any crime." Such a finding is distinct from a finding that he has never been convicted of a misdemeanor involving moral turpitude; this is what Section 943.13(4) requires. The recommended order emphasized appellant's present good moral character. Having good moral character is treated independently of Section 943.13(4) in Section 943.13(7). There may well be a distinction that can be made between initially meeting the requirements of having good moral character and maintaining that character subsequent to certification, but the same cannot be said of the requirement found in Section 943.13(4)....
...The statute clearly contemplates that one who has been convicted of a misdemeanor involving moral turpitude shall not be employed as a police officer and since appellant has had such a conviction he never possessed and cannot possibly maintain the qualification required by Section 943.13(4)....
...There is a great deal of evidence in the record to show that appellant was of good moral character at the time of the hearing and has performed well as an officer. It is unfortunate that the legislature has not provided in the statute for instances of rehabilitation, however, the clear import of Section 943.13(4) is that one who has at any time been convicted of a misdemeanor involving moral turpitude cannot be employed as a police officer in this state....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 WL 5798
...The amended administrative complaint alleges that Mr. Dieguez had engaged in lewd and lascivious conduct with a child under the age of sixteen, and had made a false statement about doing so. The Commission alleged that Mr. Dieguez had failed to maintain good moral character as required by section 943.13, Florida Statutes (2002), and requested revocation of his certificate....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 386, 1991 WL 4328
...After an initial denial of certification, an administrative hearing was held on the question of whether Albert satisfied the statutory requirement that he "[h]ave a good moral character as determined by a background investigation under procedures established by the Commission." § 943.13(7), Fla....
...4th DCA 1983); Wash & Dry Vending Co. v. State Dep't of Business Regulation,
429 So.2d 790 (Fla. 3d DCA 1983). The result is otherwise, of course, where a specific provision of a statute or rule categorically excludes an applicant from consideration. See e.g., §
943.13(4), Fla....
CopyCited 1 times | Published | District Court, N.D. Florida | 2007 U.S. Dist. LEXIS 9784, 2007 WL 496752
...sonal shaving kit located in the front passenger seat of his police vehicle. The residue was sent to FDLE lab which confirmed the substance was cocaine." ( Id. at 1178). In addition, the box on the affidavit form stating "Terminated for violation of Section 943.13(4) F.S., or violation of moral character standards as defined by Rule 11 B-27.0011, F.A.C." was checked....
...after Davis' testimony, the Commission unanimously found that there was probable cause to find that Davis was in possession of cocaine and filed an Administrative Complaint seeking to impose disciplinary action upon Davis for violating Fla. Stat. §§ 943.1395(6) and/or (7), and/or 943.13(7) and' Rule 11B-27.0011(4)(a)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 3487856
...ensure where the applicant has a prior felony conviction. See, e.g., §
320.27(9)(a)2., Fla. Stat. (2004) (motor vehicle dealers); §
550.1815(1)(b)1., Fla. Stat. (racing and jai alai permits); §
561.15(2), Fla. Stat. (alcoholic beverage licenses); §
943.13(4), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1989 WL 33992
...eeds of the unlawful sale of a controlled substance, with intent to apply the funds to her own personal use. The Commission maintained that her acceptance of the money from Washington was a violation of her obligation to have "good moral character." § 943.13(7), Fla....
CopyPublished | Florida 1st District Court of Appeal
...law enforcement officer must have
successfully passed a physical examination upon entering
into any such service . . . which examination failed to
reveal any evidence of any such condition.
The companion statute to section
112.18 is section
943.13,
Florida Statutes (2018)....
...must have successfully passed the
physical examination required by this subsection upon
entering into service as a law enforcement officer . . . with
the employing agency, which examination must have
failed to reveal any evidence of tuberculosis, heart
disease, or hypertension.
§ 943.13(6), Fla....
...hypertension on a PEP precludes a claimant’s use of the
presumption of section
112.18 for essential hypertension, is
answered by a straightforward application of the plain and
unambiguous language of the relevant statutes. Neither section
112.18(1) nor section
943.13(6) incorporate any qualifying or
restricting language for the terms “tuberculosis, heart disease, or
hypertension”; instead, the statutes require “any evidence of the
conditions of “tuberculosis, heart disease, or hypertension” without
qualification. §§
112.18(1)(a),
943.13(6), Fla....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
local criminal justice agencies comply with section
943.13, Florida Statutes, requiring the certification
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 15096, 2003 WL 22299073
...4th DCA 1983); Wash & Dry Vending Co. v. State Dep’t of Business Regulation,
429 So.2d 790 (Fla. 3d DCA 1983). The result is otherwise, of course, where a specific provision of a statute or rule categorically excludes an applicant from consideration. See e.g., §
943.13(4), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 21, 2023
required by state law. See FLA. STAT. §
943.13(7) (deputies must have good moral character).
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 619, 1988 Fla. LEXIS 1142
...tance: Does a full pardon under chapter 940, Florida Statutes (1985), which restores the civil rights of a person convicted of a felony, relieve the pardoned person from the disqualification from certification as a law enforcement officer imposed by section 943.13(4), Florida Statutes (1985), *1345 on a person who has been convicted of any felony? Sandlin v....
...To support this request Sand-lin submitted numerous letters from judges and attorneys averring his fitness to be a law enforcement officer. In discussing Sandlin’s case various members of the commission noted Sandlin’s rehabilitation and his moral and general fitness and qualifications. Based on its interpretation of section
943.13, Florida Statutes (1985), and subsection
112.011(l)(b), Florida Statutes (1985), however, the commission refused the certification....
...h a person for certification, notwithstanding his subsequent history. We hold that such a determination by the legislature is within its police power, and does not unconstitutionally impinge upon the executive’s clemency power.
518 So.2d at 1297 . Section
943.13 provides that any law enforcement officer shall: (4) Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement or have received a dishonorable or undesirable discharge from any of the Armed Forces of the United States....
...imes. E.g., Page v. Watson; In re Bar Examiners; Lee v. Department of Health & Rehabilitative Services,
518 So.2d 364 (Fla.3d DCA 1987). See also Calhoun v. Department of Health & Rehabilitative Services,
500 So.2d 674 (Fla. 3d DCA 1987). Subsection
943.13(7) provides, as one of the minimum requirements for becoming a law enforcement officer, that an applicant must have a “good moral character as determined by a background investigation.” The prohibition against certifying pardoned felons (subsection
943.13(4)) has been applied absolutely, creating a nonre-buttable presumption that pardoned felons are not of good character....
...Sandlin. See also 1970 Op.Att’y Gen.Fla. 070-157 (Oct. 30, 1970). This legislative disqualification, as interpreted by the commission and the district court, diminishes the effect of a pardon and imposes a legal disability. Such literal reading of subsection 943.13(4) creates a head-on confrontation between the legislature’s power to enact laws to protect the public and the executive’s power to pardon convicted felons....
...Moreover, courts will avoid declaring a statute unconstitutional if such statute can be fairly construed in a constitutional manner. Industrial Fire & Casualty Insurance Co. v. Kwechin,
447 So.2d 1337 (Fla.1983). Such a construction is possible in this case. We thus approach the question of whether or not section
943.13 and the concept of pardons can coexist....
...er, a poor moral risk, or an otherwise unfit appointee. In determining whether to certify Sandlin the commission may take into account and rely upon the facts of Sandlin’s pardoned convictions and may give weight to the general policy expressed in section 943.13....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 11403, 1991 WL 231655
...The hearing officer’s findings of fact noted that Farrow “continues to work as a guard at Florida State Prison. There was no indication that petitioner intends to take any action affecting Mr. Farrow’s certification as a law enforcement officer.” The hearing officer concluded as a matter of law that according to section 943.1395(6), Florida Statutes (Supp.1988), “petitioner is authorized (but not required) to take action ranging from a reprimand to suspension.” The hearing officer .made the following recommendation: “Particularly in light of the treatment petitioner has accorded Mr....
...rimand the respondent.” The Assistant General Counsel for the Commission filed exceptions to the recommended order. The exceptions were (1) the conclusion of law that the penalty range was from reprimand to suspension is incorrect because sections 943.1395(5)....
...Criminal Justice Standards and Training *366 Comm’n,
577 So.2d 638 (Fla. 1st DCA 1991) (citing Bernal v. Department of Professional Regulation,
517 So.2d 113 (Fla. 3d DCA 1987), approved,
531 So.2d 967 (Fla.1988)). The Commission answers that it did not abuse its discretion by interpreting subsections
943.1395(5) and (6) to authorize revocation of an officer’s certification for a violation of section
943.13(7), especially since F.A.C....
...t with the seriousness of the offense. We do not know and will not presume whether the hearing officer would have recommended a reprimand if he had known the penalties included revocation. Other permissible penalties include retraining or probation. Section 943.1395(6), Florida Statutes (Supp.1988)....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
individuals must be certified correctional officers. Section
943.13, Florida Statutes, currently requires that
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...on, you have written on the commission's behalf to request my opinion on substantially the following questions: 1. What is a "completed report of the disciplinary or internal affairs investigation from the employing agency" as that phrase is used in section 943.1395 (6)(a), Florida Statutes? 2. Is the Criminal Justice Standards and Training Commission legally authorized to initiate disciplinary action against an officer's certificate if an investigation initiated by the commission pursuant to section 943.139 , Florida Statutes, is not completed and presented for a probable cause determination hearing within six months after receipt of the completed employing agency investigation or is that determination discretionary with the commission?...
...in the Department of Law Enforcement 1 and is the body charged with the responsibility to "[e]stablish uniform minimum employment standards for the various criminal justice disciplines" and "[c]ertify, and revoke the certification of, officers[.]" 2 Section 943.1395 (1), Florida Statutes, provides that the commission certifies, pursuant to procedures established by administrative rule, "any person for employment or appointment as an officer[.]" As required by this section, the commission is also...
...tory requirements for certification and revoking officer certifications: "(5) The employing agency must conduct an internal investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with s. 943.13 (4) or (7). If an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13 (4) or (7), the employing agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission....
...Rule 11B-27.004 , Florida Administrative Code, adopted by the Florida Department of Law Enforcement, outlines the procedures for a probable cause determination by the commission and states: "At the conclusion of the preliminary investigation and when the reports and documents are received as directed by Sections 943.139 and 943.1395 , F.S., a determination of probable cause shall be made before the Commission initiates proceedings to take disciplinary action against the certification of an officer." Section 943.139 , Florida Statutes, requires an employing agency to immediately notify the commission in writing of the separation from employment or appointment of any officer....
...etirement, or voluntary or involuntary extended leave of absence of the officer. A copy of the completed report of the disciplinary or internal affairs investigation must be forwarded to the commission for a probable cause determination. Pursuant to section 943.1395 (6)(a), Florida Statutes, the commission is required to revoke the certification of any officer who is found not to be in compliance with these statutory requirements or who intentionally executed a false affidavit: "The commission shall cause to be investigated any ground for revocation from the employing agency pursuant to s. 943.139 or from the Governor, and the commission may investigate verifiable complaints....
...n of its investigation of a complaint begins to run after the completed report is received. My research has revealed no case law on this matter, nor have you brought any to my attention. This language was added to the statute through an amendment to section 943.1395 , Florida Statutes, in 1995. 8 Legislative history surrounding the adoption of this amendment indicates that the Legislature intended that "any investigation by the commission related to the termination of an officer must be completed within 6 months[.]" The amendment to section 943.1395 was described as follows: "Section 3 amends s. 943.1395 , F.S., to require the commission to complete an investigation within 6 months when the investigation may result in the revocation of an officer's certification....
...." 9 One of the sponsors of the bill, Representative Arnall, advised a House committee hearing the bill that "this also has a limitation for 6 months for the investigation — in other words, you can't continue that process forever and ever." 10 Based on the language of section
943.1395 (5), Florida Statutes, when read together with Rule 11B-27.004 , Florida Administrative Code, and the clear intent of the Legislature that this process be conducted in a timely manner, it is my opinion that a "completed report of the disciplinary or internal affairs investigation from the employing agency" as that phrase is used in section
943.1395 (6)(a), Florida Statutes, refers to the report submitted by the employing agency to the Criminal Justice Standards and Training Commission pursuant to section
112.533 (2)(a), Florida Statutes. This statute establishes a procedure for the receipt and investigation of complaints by an employing agency. Reading section
112.533 , Florida Statutes, together with section
943.139 , Florida Statutes, would require the employing agency to immediately notify the commission in writing, on a form adopted by the commission, of the firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of the officer....
...11 Question Two You have also asked whether the Criminal Justice Standards and Training Commission is authorized to take action against an officer's certification if it has not completed its investigation within the six-month time period provided in section 943.1395 (6)(a), Florida Statutes....
...Officers must obey the statutes until a court with appropriate jurisdiction determines otherwise. 13 Finally, if any reasonable doubt exists as to the lawful existence of a particular power that is being exercised, the further exercise of the power should be arrested. 14 Section 943.1395 (6)(a), Florida Statutes, specifically provides that "[a]ny investigation initiated by the commission pursuant to this section must be completed within 6 months after receipt of the completed report of the disciplinary or internal af...
...guage is plain and without ambiguity, it fixes legislative intent and interpretation and construction are not needed. 15 Thus, it is my opinion that upon receipt of a completed report from the employing agency or Governor's office as provided for in section 943.1395 (6)(a), Florida Statutes, the Criminal Justice Standards and Training Commission must complete its investigation within a six month period....
...I would note, however, that Florida courts have held that an agency's failure to meet procedural benchmarks such as investigation deadlines will not prevent disciplinary action unless the delay has prejudiced the employee. 16 If the limitations prescribed by section
943.1395 (6)(a), Florida Statutes, do not provide adequate time for investigation, the commission may wish to work with the Legislature to amend these statutorily prescribed limits. 17 Sincerely, Bill McCollum Attorney General 1 Section
943.11 , Fla. Stat. 2 Section
943.12 (3) and (4), Fla. Stat. 3 Section
943.13 (4) and (7), Fla....
...Concluded the investigation with a finding to proceed with disciplinary action or to file charges." Thus, if an internal investigation of a law enforcement officer is concluded with a finding to proceed with disciplinary action or to file charges, the investigation has concluded. 5 Section 943.139 (1), Fla. Stat. 6 Section 943.139 (2), Fla....
...pril 25, 1995. The statute also makes provision for investigation of "verifiable complaints" and establishes a 1 year time line for those investigations. 10 CS/HB 491, Tape Recording, House Finance Tax Committee Meeting, April 18, 1995. 11 And see , s. 943.1395 (6)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...is in response to your request for an opinion on substantially the following question: WHAT IS THE LEGAL EFFECT OF AN EXPUNCTION ORDER ON THE QUALIFICATIONS OF A LAW ENFORCEMENT OFFICER OR AN APPLICANT TO BE A CERTIFIED LAW ENFORCEMENT OFFICER UNDER s. 943.13 , F.S.? Section 943.13 , F.S., setting forth the minimum qualifications for employment or appointment of law enforcement officers, in pertinent part, provides: On or after October 1, 1984, any person employed or appointed as an officer shall: * * * (4) Not h...
...Any person who, after July 1, 1981, pleads guilty or nolo contendere to or is found guilty of a felony or of a misdemeanor involving perjury or a false statement is not eligible for employment or appointment as an officer, notwithstanding suspension of sentence or withholding of adjudication. See also, s. 943.13 (7), F.S., requiring the person employed or appointed as an officer to have a good moral character as determined by a background investigation under procedures established by the commission....
...Thus an applicant for employment as a law enforcement officer who had criminal history records expunged except for records retained under seal by the department would be under a continuing obligation to acknowledge the events covered by the records and would be disqualified as a law enforcement officer under s. 943.13 , F.S., if the conviction involved a felony or a misdemeanor involving perjury or a false statement....
...ment with a criminal justice agency from the legal obligation to acknowledge the events covered by an expunged record of arrest." In your letter you question whether an applicant or certified law enforcement officer can be considered qualified under s. 943.13 (4), F.S., when an applicant or officer has a criminal record in contradiction to the requirements of that statute and not all criminal history records have been expunged as described in s....
...nt, and therefore, the provisions of s. 943.058(6)(b), F.S., would be applicable. Under these circumstances if the conviction was a felony or a misdemeanor involving perjury or a false statement, the applicant or officer would not be qualified under s. 943.13 , F.S., since he would not be relieved of his duty to acknowledge the events covered by the records and would not be entitled to the special status afforded by s....
...of s. 943.058(2)(a)-(d), F.S., except for records retained under seal by the courts or the Department of Law Enforcement, may not lawfully deny or fail to acknowledge the events covered by the criminal history records and would be disqualified under s. 943.13 (4), F.S., for employment as a law enforcement officer if the conviction was for a felony or a misdemeanor involving perjury or a false statement....
...ation to acknowledge the events covered by the expunged record, and because the applicant has been restored, in the full and unreserved contemplation of the law, to his previous status, would not be disqualified to be a law enforcement officer under s. 943.13 (4), F.S....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...Thus, no residence requirement is imposed indirectly on those public employees who must take the oath set forth in s.
876.05 , F.S. However, while there is no general residence requirement for deputy sheriffs, there is a general citizenship requirement. Pursuant to s.
943.13 , F.S., any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer 7 must "[b]e a citizen of the United States . . . ." 8 Thus, deputy sheriffs, who fall within the scope of s.
943.13 , F.S., 9 as law enforcement officers, must be U.S....
...political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state." 8 Section 943.13 (2), F.S....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 141, 1985 Fla. App. LEXIS 11851
...The Criminal Justice Standards and Training Commission filed an administrative complaint some five years after the incident giving rise to the revocation. Specifically, paragraph 6 of the administrative complaint states: Pursuant to the provisions of Sections 943.13 and 943.145, F.S., the Respondent is not qualified to hold a certificate as a law enforcement officer in the State of Florida because he is guilty of conduct constituting: gross insubordination, willful neglect of duty, incompetence and gross...
...s implicitly granted with “the authority to specify the conditions under which such certificates *530 shall be held and revoked.” State Board of Education v. Nelson,
372 So.2d 114, 116 (Fla. 1st DCA 1979). This authority was provided in Sections
943.13 and 943.145, Florida Statutes....
...of Professional Regulation,
458 So.2d 842 (Fla. 2d DCA 1984). In this case, the Commission’s administrative complaint did not allege any conduct on the part of appellant that could be construed as a failure to meet the qualifications criteria of Section
943.13, Florida Statutes (1977), the controlling statute at the time of the alleged misconduct, nor is there any evidence in the record that could support such an allegation....
...nsubordination, gross immorality, habitual drunkenness, willful neglect of duty, incompetence, or gross misconduct which seriously reduces the cer-tificateholder’s effectiveness to function as a law enforcement officer or a correctional officer. . § 943.13, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...on counts as a "pre-employment physical" for his hire as a full-time LEO on October 4, 1984. Claimant argued that nothing in the law requires a second physical examination, both because he had the same employer and never left employment, and because section 943.13, Florida Statutes, which establishes the qualifications for LEOs, requires a physical examination for hire as an LEO without distinguishing between auxiliary and full-time....
...By requiring the examination to be "upon entering into any such service" as a "law enforcement officer," it is clear that the statute refers to an examination before hire as a LEO defined by section
943.10(1), meaning a full-time officer. We also reject Claimant's contention that section
943.13(6), Florida Statutes, supports his argument.
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 346, 1987 Fla. App. LEXIS 6419
...be United States citizens “notwithstanding any laws of the state to the contrary” evidences a legislative intent that section
455.10 should apply to all occupations in the state unless the legislature has enacted contrary legislation worded like section
943.13(2)....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...Is a police report of the criminal investigation of a police officer a public record if the investigation has been concluded and the State Attorney has decided to prosecute? 4. Is a police report of the criminal investigation of a police officer confidential under section 943.1395 (6)(b), Florida Statutes, if the investigation has been concluded and a copy has been forwarded to the Police Standards and Training Commission? 5....
...A police report of the agency's criminal investigation of an officer is a public record after the investigation has been concluded regardless of whether a copy of the report is forwarded to the Criminal Justice Standards and Training Commission pursuant to section 943.1395 , Florida Statutes....
...riminal investigative information." 6 Alternatively, you ask whether the police report would be confidential as maintained by the police department after a copy has been forwarded to the Criminal Justice Standards and Training Commission pursuant to section 943.1395 , Florida Statutes (1994 Supp.). This section sets forth requirements for certification for employment or appointment and also addresses revocation of the certification of officers. Section 943.1395 (5), Florida Statutes (1994 Supp.), provides that "[t]he employing agency must conduct an internal investigation if it has cause to suspect that an officer is not in compliance with, or has failed to maintain compliance with, s. 943.13 (4) or (7). 7 " If the employing agency determines that an officer has not complied with section 943.13 (4) or (7), the agency must submit the investigative findings and supporting information and documentation to the commission in accordance with rules adopted by the commission. Once the commission receives this information it is charged with pursuing an independent investigation to determine whether grounds for revocation of certification exist. 8 Subsection (6)(b) of section 943.1395 , mandates the confidentiality of certain information received by or developed by the Criminal Justice Standards and Training Commission in investigating an officer's conduct....
...termination as to probable cause has been made or until the investigation becomes inactive. . . . Again, the statute contemplates the confidentiality of information held by or developed by the commission in the course of an investigation. Nothing in section 943.1395 would extend confidentiality to this information when it is in the possession of entities other than the Criminal Justice Standards and Training Commission. However, while section 943.1395 (6)(b), Florida Statutes (1994 Supp.), would not independently make the police report confidential in the hands of the police department, the prosecution of the case by the State Attorney's office may, as discussed above, indicate th...
...criminal investigation concerning a shooting incident involving a police officer from Riviera Beach could be furnished to the Riviera Beach police department for use in a simultaneous administrative internal affairs investigation of the officer). 7 Section 943.13 (4) and (7), Fla....
...s had such record sealed or expunged shall not be deemed ineligible for employment or appointment as an officer. * * * (7) Have a good moral character as determined by a background investigation under procedures established by the commission. 8 See, s.
943.1395 (6), Fla. Stat. (1995), providing that the commission "shall revoke the certification of any officer who is not in compliance with the provisions of s.
943.13 (4) or who intentionally executes a false affidavit established in s.
943.13 (8), s.
943.133 (2), or s.
943.139 (2)[;]" and (6)(a), stating that "[t]he commission shall cause to be investigated any ground for revocation from the employing agency pursuant to s.
943.139 or from the Governor, and the commission may investigate verifiable complaints." 9 Section
112.533 (2)(b), Fla....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...rs of age" having "in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device," apply to students in law enforcement training schools certified by the Criminal Justice Standards and Training Commission? Section 943.13 , Florida Statutes, prescribes the minimum standards for those who seek to become certified law enforcement officers....
...least 1 year provided there is no more than an 8-year break in employment, as measured from the separation date of the most recent qualifying employment to the time a complete application is submitted for an exemption under this section[.]" See also s. 943.131 (2), Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 66, 1987 Fla. App. LEXIS 11845, 1987 WL 31985
WENTWORTH, Judge. Appellant seeks review of a Criminal Justice Standards and Training Commission order by which his certification as a correctional officer was revoked pursuant *391 to sections 943.1395(5) and 943.13(4), Florida Statutes. Appellant contends the Commission’s interpretation of sections 943.-1395(5) and 943.13(4) as compelling appellant’s decertification, upon entry of his nolo contendere plea to a felony, improperly converted his plea into a conviction. He further contends that these statutes violate constitutional principles of separation of powers and substantive due process. We find that the Commission’s interpretation of sections 943.1395(5) and 943.13(4) is a permissible agency construction, as the state may legitimately bar from employment as correctional officers those who plead guilty or nolo contendere to felonies....
...after he pled nolo conten-dere to the felony of aggravated assault. The trial court withheld adjudication of guilt. Appellee alleged in its complaint that appellant was ineligible to hold a certificate as a correctional officer pursuant to sections 943.13(4) and 943.1395(5), Florida Statutes. Section 943.13(4) precludes any person who, after July 1, 1981, pleads guilty or nolo contendere to a felony from being employed as a correctional officer, notwithstanding suspension of sentence or withholding of adjudication. Section 943.-1395(5) provides that “the Commission shall revoke the certification of any officer who is not in compliance with the provisions of s. 943.13(1)-(10)_” The case proceeded to informal hearing....
...not eligible for expunction because he had prior adjudications of guilt for misdemeanor offenses. Following a vote by members, appellee entered an order revoking appellant’s certification. Appellant argues that the commission’s interpretation of section 943.1395(5), providing that the commission “shall revoke the certificate of any officer ... not in compliance with s. 943.13(1)-(10) ...,” as mandatory is error as that construction impermissibly converts a nolo contendere plea into a conviction under section 943.-13(4). We disagree. A plea of nolo conten-dere or guilty is not evaluated under section 943.13(4) as conclusive evidence of the commission of a wrongdoing. Instead, entry of the plea itself creates noncompliance with section 943.13(4), which, under section 943.1395(5), results in a revocation of certification....
...Southeast Volusia Hospital District, et al.,
438 So.2d 815 (Fla.1983), cert. denied,
466 U.S. 901 ,
104 S.Ct. 1673 ,
80 L.Ed.2d 149 (1984). We find the Commissioner’s interpretation of these statutes is not clearly erroneous. As to appellant’s separation of powers argument, the foregoing interpretation of section
943.1395(5) is that it states a compulsory ground for ineligibility for certification under section
943.13(4) and does not provide that entry of a nolo plea to a felony is conclusive evidence of the commission of a wrongdoing....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16341
...ng moral turpitude which prohibits it from issuing a certificate of compliance pursuant to F.S. 943.-13(4) and
943.14(2). It is petitioner’s position that a conviction under F.S.
877.03 does not disqualify a person from qualification pursuant to F.S.
943.13 because such a conviction is not a conviction of a crime involving moral turpitude as defined by law. The qualifications for employment as a police officer are set forth in F.S.
943.13 and the requirement which is in question here is set forth in subparagraph (4) and states as follows: “
943.13 Police Officers; qualifications for employment....
CopyPublished | Florida 1st District Court of Appeal
...authority to keep the public peace. First, there are the demanding
requirements for someone to be certified as a law enforcement
officer, an officer having the power to both bear arms and arrest.
See §
943.09, Fla. Stat. (establishing Criminal Justice
Professionalism Program); §
943.13, Fla....
...al subdivision thereof; who
is vested with authority to bear arms and make arrests” and has
as his primary responsibility “the prevention and detection of
crime” or enforcement of the state’s “penal, criminal, traffic, or
highway laws”); § 943.133, Fla. Stat. (setting out employing agency
responsibilities regarding management of its law enforcement
officers); § 943.135, Fla. Stat. (setting out continuing education
requirements as a condition for a law enforcement officer’s
“continued employment or appointment” as an officer); § 943.139,
Fla. Stat. (requiring an employing agency to “immediately notify”
the Criminal Justice Standards and Training Commission “of the
employment or appointment, or separation . . . of any” law
enforcement officer); § 943.1395, Fla. Stat. (setting out
certification requirements for employment or appointment of
someone as a law enforcement officer); § 943.1397(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2015 WL 1609959
...New York classified Diaz’s transgression as a “class A misdemeanor,” and he was sentenced to three years’ probation. 1 However, because his crime was a felony under Florida law, the Commission determined that Diaz was statutorily disqualified from certification as a corrections officer. 2 The Commission relied upon section 943.13(4), Florida Statutes (2013), as the disqualifying provision....
...3 Our review of administrative agency action is limited, and the agency’s interpretation of a statute is entitled to great weight. See McNair v. Criminal Justice Standards & Training Comm’n,
518 So.2d 390, 391 (Fla. 1st DCA 1987). Although section
943.13(4) does not address the treatment of out-of-state convictions, the agency’s interpretation was not unreasonable....
...See §
893.13(6)(a), Fla. Stat. (1998). . Diaz also argues that the Commission did not find that he lacked moral fitness. That argument would be availing only if we were to decide that the conviction for the New York misdemeanor was not a disqualifying occurrence under section
943.13(4)....
