Investigations Frequently Asked QuestionsFelony Investigations
Field Investigation
Felony InvestigationsWhat is a felony background investigation?It is an investigation into known felony convictions of applicants applying for certification or re-certification to become certified as an EMT/paramedic.
What documents are required to complete my file?Court documents including:
What does it mean when you have been convicted of a felony regardless of adjudication?For the Department of Health, Bureau of Emergency Medical Services, "conviction" means a determination of guilt in nay court in any state or in any federal court of which is the result of a trial or the entry of a plea of guilty or a plea of nolo contendere, regardless of whether adjudication is withheld, Chapter 64E-2.001, Florida Administrative Code (F.A.C.)
How do I know if I need to have my civil rights restored?If you were adjudicated guilty of a felony offense, then you need to have your civil rights restored. You need to contact the Office of Executive Clemency at (850) 488-2954 or https://fpc.state.fl.us/Clemency.htm.
What is process for felony investigations?The complaint is received in the Investigations Unit. The investigator determines if the complaint is legally sufficient. Investigation is initiated and completed. The case is presented to the probable cause panel for the determination of probable cause. The files is sent to the prosecuting attorney for the administrative complaint and a final order is issued on the case. One will be notified if probable cause is found or not..
Is the felony investigation a confidential matter?The felony investigation process is not a confidential matter, but the Investigations Unit attempts to make the investigation as private as possible.
What is the Investigations Unit statutory authority for felony investigations?According to Section 401.411(1)(b)(e), Florida Statutes (F.S.), provides that the department may deny a certificate for being found guilty of, or pleading nolo contendere to, regardless of adjudication in any jurisdiction, a crime that relates to practice as an emergency medical technician or paramedic, or for the conviction in any court in any state or in any federal court of a felony, unless the person's civil rights have been restored. Chapter 64E-2.033, Florida Administrative Code (F.A.C.), is the rule implementing the statute authority for conducting an investigation to determine whether the department will deny or approve applicants for certification with felony backgrounds.
Field Investigations
When should I report a complaint?You should report a complaint at the time of the offense and if it is legally sufficient. A legally sufficient complaint is one that, if the alleged facts were true, would constitute a violation of any statute or rule; it is in writing and signed by the complainant or legal representative thereof.
Is there a statute of limitation to file a complaint?No, there is no statute of limitations to file a complaint. However, it would be feasible to file the complaint when the incident occurs.
What is a field investigation?It is an investigation into a complaint submitted by an employee, employer, a member of the community, or service provider that alleges an allegation which violates the Florida Statutes and Florida Administrative Code.
What is the process for the field investigations?A complaint is received in the Investigations Unit. The investigator determines if the complaint is legally sufficient. Investigation is initiated and completed. The case is presented to the probable cause panel for the determination of probable cause. The file is sent to the prosecuting attorney for the administrative complaint and a final order is issued on the case. One will be notified if probable cause is found or not.
How long does the process take for the investigation to be completed?There is no time limit on how long the process takes to close an investigation. Section 401.414(2) Florida Statutes, (F.S.), states the department shall expeditiously investigate each complaint.
Is the field investigation a confidential matter?The field investigation is a confidential matter until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This is according to Section 401.414(3) Florida Statutes, (F.S.).
Do I need legal representation for the field investigation?Legal representation is decided upon by the subject of the case.
Will I be notified when the investigation is complete?The subject is notified for the determination of the case. The complainant is notified of the outcome from the probable cause panel.
What is the Investigations Unit statutory authority for field investigations?Section 401.414(1) Florida Statutes, (F.S.), the department shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this part, or of any rule adopted by the department, has occurred. The department may investigate or continue to investigate, and may take appropriate final action on, a complaint even though the original complainant withdraws his or her complaint or otherwise indicates a desire not to cause it to be investigated to completion. When an investigation of any person is undertaken, the department shall notify that person of the investigation and inform him or her of the substance of any complaint filed against him or her. The department may conduct an investigation without notifying any person if the act under investigation is a crime. |
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