In Florida, the law holds professionals to a high standard. These individuals earn the privilege to practice their expertise, creating a rewarding livelihood. However, a drug charge poses a threat to their hard-earned licenses. If you are facing a drug charge, understanding the protocols for reporting and investigation is vital.
The mandatory self-reporting requirements
Florida law generally requires licensees to self-report the outcome of a criminal case, rather than the initial arrest. For instance, most professionals must report in writing to their respective board within 30 days after a conviction, guilty plea or no contest plea, regardless of adjudication.
However, some professionals must self-report when facing a charge. Educators must notify their school district within 48 hours of an arrest for drug charges. Moreover, attorneys must report formal felony charges to the Executive Director of The Florida Bar within 10 days.
Failure to report a conviction is an independent offense that can trigger penalties regardless of the underlying drug charge.
The investigation and disciplinary process
An investigation begins after filing your report or when the state becomes aware of the charge through the Florida Department of Law Enforcement arrest alert. During this phase, an appointed investigator performs these tasks:
- Request a Letter of Self-Explanation from the licensee.
- Subpoena court records and the Arrest Affidavit.
- Interview the licensee or witnesses.
A probable cause panel reviews the investigator’s findings. If they find evidence of a violation, they may issue an Administrative Complaint.
Protecting your future
A drug conviction for professionals often results in license suspension or revocation, denial of renewal and career displacement. Because your ability to practice is on the line, having a knowledgeable attorney to navigate these reporting requirements and defend your license is vital.
