FRED W. MCNAIR, APPELLANT,
v.
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Commission's interpretation of statutes compelling decertification upon a nolo contendere plea to a felony is a permissible agency construction and does not violate constitutional principles.
[1] A nolo contendere plea to a felony, by itself, creates noncompliance with statutory provisions barring felons from correctional officer certification, even if adjudicatio…
[2] Statutes requiring revocation of correctional officer certification upon noncompliance with eligibility requirements are a permissible agency construction and do not viol…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant, a correctional officer, pled nolo contendere to a felony, and adjudication was withheld. The Criminal Justice Standards and Training Commis…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Withheld Adjudication cases and more on FLexlaw
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of a Criminal Justice Standards and Training Commission order by which his certification as a correctional officer was revoked pursuant to sections 943.1395(5) and 943.13(4), Florida Statutes.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.
We find no constitutional violations are presented and therefore affirm.
Appellee brought an administrative complaint against appellant, a correctional officer employed by the Department of Corrections since 1979, 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. Appellee continued the hearing to allow appellant to attempt to withdraw his plea in the trial court or to seek expunction of the probation order. Neither alternative was available, however, because the trial court no longer had jurisdiction to consider a motion to withdraw the plea, and appellant was 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. This statutory scheme is distinguishable from that in Ayala v. Department of Professional Regulation, 478 So. 2d 1116 (Fla. 1st DCA 1985), in which a mandatory interpretation of section 458.-331(l)(c), providing that a nolo plea “shall be considered a conviction,” did impermissi-bly convert the plea into a conviction. An administrative construction of a statute is entitled to great weight and should not be overturned unless clearly erroneous. Department of Insurance v. 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.
Therefore, the statutes do not equate a nolo plea with a conviction, or render a trial court’s withholding of adjudication of guilt meaningless so as to permit legislative usurption of judicial rule making authority.
We find the statutes are reasonably related to a permissible state objective, defined in section 943.085(1), Florida Statutes, as an intent to “strengthen and upgrade law enforcement agencies and correctional institutions ... by attracting competent, highly qualified people ... and to retain well-qualified and experienced officers for the purpose of providing maximum protection and safety to the citizens of, the visitors to, and the inmates in this state.”
We therefore affirm the order. SMITH, C.J., and JOANOS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993)…everal years prior to the 1981 date specified in the statute, so it was not mandatorily disqualifying under subparagraph (4) as it would have been had the plea occurred after July 1, 1981. Cf. McNair v. Criminal Justice Standards and Training Com’n, 518 So. 2d 390 (Fla. 1st DCA 1987). Likewise, none of his misdemeanors were disqualifying under sub-paragraph (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…
-
Childers v. Dep't OF Env't Prot., 696 So. 2d 962 (Fla. 1st DCA 1997)…t must be looked to, but offers little guidance here. Regulatory statutes that define convictions broadly to include guilty pleas or other possible steps in a criminal prosecution, see, e.g., McNair v. Criminal Justice Standards and Training Comm’n, 518 So. 2d 390 (Fla. 1st DCA 1987)(applying sections 943.13(4) and 943.1395, Florida Statutes), underscore the ambiguity in section 370.092, Florida Statutes (1995), which leaves “convicted” undefined. A licensee whose livelihood hangs in the balance is entitled t…
-
Diaz v. Fla. Dep't of Law Enf't, 164 So. 3d 24 (Fla. 5th DCA 2015)…law, and thus does not disqualify him from certification.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. Cf Art. X, § 10, Fla. Const. (“The term ‘felony’ as used herein and in the laws of thi…
Authorities Cited
- Koehler v. Engle, 466 U.S. 1 (U.S. 1984)
- Dep't OF Ins. v. Se. Volusia Hosp. Dist., 438 So. 2d 815 (Fla. 1983)
- Se. Volusia Hosp. Dist. v. Fla. Patient's Comp. Fund, 466 U.S. 901 (U.S. 1984)
- Hillsdale Coll. v. Dep't of Educ., 466 U.S. 901 (U.S. 1984)
- Ayala v. Dep't of Prof'l Reg., 478 So. 2d 1116 (Fla. 1st DCA 1985)