Reporting of Convictions

A new law has passed late last year.  It is Chapter 455.227(1)(t) titled: Grounds for discipline, penalties, enforcement.

During the Legislative Session of 2009, the Florida Legislature in Tallahassee passed new House Bill 425, which became law on October 1, 2009.  We are sure to include this in our continuing education course information.  We also plan to add this to our online continuing education course to update the information and make it current.

Beginning as of that date, October 1, 2009, House Bill 425 requires all professional licensees to report to the department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. It says, ANY JURISDICTION.  So that would include New York, Canada or England.  House Bill 425 also requires that any conviction prior to October 1, 2009 be reported by November 1, 2009. A licensee who fails to report that information may be subject to disciplinary action, including fines, suspension or license revocation. It doesn’t say “WILL” or “SHALL”, but instead, “MAY”.  Govern yourself accordingly.  Many points of law are included in our continuing education seminars, and this is one that is new.  Reference is made in Chapter 489 to how convictions in jurisdictions outside Florida are grounds for the Construction Industry Licensing Board to discipline contractors here.  We cover that point in our continuing education class.  This new law adds a new dimension of responsibility to the contractor.

To report this information, complete the criminal self-reporting document and mail to the department as provided on the form.  We are going to include this on our continuing education website, right here, under our FORMS tab.

Here is the statute as copied directly from the Florida Statutes:

(t)  Failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.

This new requirements makes it YOUR responsibility to report any future, current or past convictions to the department.  I hope those of you who have already taken your continuing education program, have learned this from your continuing education provider.  We hope to satisfy your requirement to take continuing education in a complete manner and this is why we have added this new requirement here.

Keeping you informed…..Contractors Education and Training Corporation is about helping make your Florida construction business MORE successful.