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The Supreme Court Alternative Dispute Resolution Rules and Policy Committee is seeking comment on a proposed change to the Rules for Certified and Court-Appointed Mediators. Please review the explanation below along with the proposed change and submit your comments by November 2, 2009 to drcmail@flcourts.org, attn: rule comments
Rule 10.130 Notification of Conviction
The Florida Rules for Certified and Court-Appointed Mediators require all persons certified as mediators must be of good moral character. Consistent with this requirement, applicants for mediator certification and renewal have long been asked to disclose convictions of felonies and first degree misdemeanors. Disclosure has similarly been required of applicants who may previously have entered no contest pleas to felony and first degree misdemeanor charges, even if adjudication of guilt has been withheld.
In order to provide a more thorough review of good moral character issues, the Alternative Dispute Resolution Rules and Policy Committee agreed, in March 2007, to modify forms for application and renewal of mediator certification. The forms were thereafter revised in a manner requiring applicants also disclose convictions of second degree misdemeanors involving dishonesty or false statement
Under the current rules, however, the definition of “conviction” is silent with respect to second degree misdemeanors involving dishonesty or false statement. As a result, failed disclosure of matters otherwise raising questions regarding an applicant’s good moral character may evade consideration. The draft proposed revision clarifies the definition of “conviction” by including second degree misdemeanors involving dishonesty or false statement and further restructuring the rule in a manner more clearly identifying the broad scope of determinations qualifying as convictions.
Please review the Proposed Rule 10.130 Notification of Conviction Draft and submit comments by November 2, 2009 to drcmail@flcourts.org attn: rule comments
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