CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Gen., David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. This is an appeal from a final order of the Florida Police Standards and Training Commission ("Commission") revoking appellant Cirnigliaro's certificate which had been issued under Section 943.14, Florida Statutes....
...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). [1] Further, before July 1, 1980, the effective date of Section
943.145, Fla....
...Stat., the Commission arguably had only the implied authority to revoke certificates. Authority for such implied power is found in State Board of Education v. Nelson,
372 So.2d 114 (Fla. 1st DCA 1979). 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....
...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....
...Specifically, the Commission found the conclusions inconsistent with the fact that appellant had pled guilty to and been convicted of violating 18 U.S.C. § 656. With regard to the Commission's decertification authority, the Commission determined the hearing officer's conclusions based on Section 943.145 were erroneous because they would require retroactive application of that section, but legislation is presumed to be effective prospectively only unless it is expressly indicated otherwise....
...(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....
...icted 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. As to Section
943.145, appellee argues that the hearing officer erred in applying that section to this case, since the section does not provide for retroactive application....
...t and would lead to an absurd result should an applicant obtain certification by deceiving the Commission as to qualifications. In our opinion whether the revocation authority of the Commission is viewed as inherent in the authority to certify 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......
...lations for certification of *84 teachers and the Board's "legislatively mandated responsibility to see to `the improvement of the state system of public education.'" Id. at 116. Similarly, pertaining to the instant case, the Commission, pursuant to Section
943.14, is responsible for police training programs and certification, and pursuant to Section
943.12 has the power to establish minimum standards for the employment and 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....
...ty of maintaining the qualification of not having been convicted of a misdemeanor involving moral turpitude. We disagree with the interpretation placed on the statute by the hearing officer whereby in order to maintain qualification number (4) under Section 943.145, as opposed to number (7), appellant need only have avoided conviction of a misdemeanor involving moral turpitude subsequent to his certification....
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Cited as authorityPalamara (2003)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11696
....Section
121.0515(2), Florida Statutes (1982), provides, in pertinent part: (2) CRITERIA. — A member, to be designated as a special risk member, must meet the following criteria: (a)The member must be employed as a law enforcement officer and be certified in compliance with s.
943.14, or be on temporary waiver as provided by s.
943.14 until certified; however, sheriffs and elected police chiefs shall be excluded from meeting the certification requirements of this paragraph....
...mpliance (or valid temporary waiver of certificate of compliance); or, (b) Certificate of Comparative Compliance; or, (c) Certificate of Recognition; or, (d) Any other document issued by the Commission that certifies the employee’s compliance with Section 943.14, F.S....
