Investigations Frequently Asked QuestionsFelony Investigations
Complaint Investigation
Felony InvestigationsWhat is a felony background investigation?It is an investigation regarding felony convictions of applicants applying for certification or re-certification to become certified as an Emergency Medical Technician (EMT) or Paramedic.
What documents are required to complete my file?
What does it mean when you have been convicted of a felony regardless of adjudication?For the Department of Health, Emergency Medical Services Program, (EMS) "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 64J-1.001, Florida Administrative Code (F.A.C.) How do I know if I need to have my civil rights restored?If you were convicted in Florida, please contact the Office of Executive Clemency at 1-800-435-8286 or visit https://fpcweb.fpc.state.fl.us/. What is process for felony investigations?The Division of Medical Quality Assurance (MQA), Certification Unit, forwards the felony file to the EMS, Investigations Section. The investigator writes the felony investigative report. The Section Administrator reviews the investigative report, signs the report and it is forwarded to review committee (if applicable). The Program Director makes the final review of the felony file. The Program notifies MQA Certification Unit of the outcome. Is the felony investigation a confidential matter?The felony investigation process is not a confidential matter, however the Investigations Section makes the investigation as private as possible. What is the statutory authority for felony investigation?Chapter 64J-1.017, 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 or recertification who were convicted of a felony. Complaint InvestigationsWhen should a complaint be reported and by whom?A complaint should be reported as soon as possible. Complaints may be made by a member of the community, a peer, a co-worker, an EMS service provider, and a training school. The complaint must be in writing and must be signed by the individual submitting the complaint. The complaint is confidential until 10 days after probable cause is found or if the subject (in writing) waives confidentiality, pursuant to Section 401.414(3) Florida Statutes. Is there a statute of limitation to file a complaint?No, there is no statute of limitations to file a complaint. What is a complaint investigation?It is an investigation against an EMT, Paramedic, EMS Provider, EMS training school, or 911 PST. The complaint is legally sufficient pursuant to Section 401.414(1), F.S. if it contains ultimate facts that show that a violation of this part, or of any rule adopted by the department, has occurred. What is the process for the complaint investigation?A complaint is received in the Investigations Section. The investigator determines if the complaint is legally sufficient. An 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. The Complainant and Subject of the complaint will be notified if probable cause is found or not. How long does the process take for the completion of the complaint investigation?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 complaint investigation a confidential matter?The investigation is a confidential matter. Section 401.414(3) Florida Statutes, (F.S.). states that the matter remains confidential until 10 days after probable cause has been found by the department, or until the person who is the Subject of the investigation waives confidentiality in writing, whichever occurs first. Do I need legal representation for the complaint investigation?Legal representation is not required and is the sole decision of the Subject of the complaint. What is the Investigations Section statutory authority for complaint investigations?According to Section 401.414(1), 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. |
This page was last modified on: 08/31/2012 09:27:06
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