CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 16342, 2010 WL 4260952
...person is eligible and to issue an order certifying this status to the Department. §
961.03(3). If the prosecutor contests the petition, the trial court can either dismiss the petition if the person is "ineligible under the provisions of [section]
961.04" or it can transfer the matter to the Division of Administrative Hearings for a hearing to resolve the factual disputes....
...The Trial Court's Dismissal The trial court in this case dismissed Mr. Fessenden's petition, but it did not dismiss the petition pursuant to section
961.03(4)(a). That provision allows the court to dismiss the petition if the petitioner is ineligible under the provisions of section
961.04. Section
961.04 provides three grounds for exclusion from eligibility: (1) conviction of any prior felony in Florida or another state, (2) conviction of another felony while incarcerated, and (3) the existence of a concurrent sentence for a crime for which the petitioner was not wrongfully convicted....
