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12-002897PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs PHILIP S. SPAZIANTE (2012)

Division of Administrative Hearings, Florida Filed: Sep. 04, 2012

The first issue to be determined is whether Respondent failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes (2011), as alleged in the Administrative Complaint. If so, the second issue for consideration is what penalty should be imposed for such a violation.Petitioner did not prove that Respondent had used excessive force and therefore did not prove that Respondent failed to maintain good moral character.

12-003606PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs BRIAN T. HART (2012)

Division of Administrative Hearings, Florida Filed: Nov. 05, 2012

The issue to be determined is whether Respondent, Brian T. Hart (“Respondent” or “Mr. Hart”), failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes (2010), and if so, what penalty should be imposed?Respondent failed to maintain good moral character in violation of section 943.1395(7) by committing battery.

12-003614PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs DIRK W. SYLVESTER (2012)

Division of Administrative Hearings, Florida Filed: Nov. 06, 2012

The issue is whether Respondent failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes, and Florida Administrative Code Rule 11B-27.0011(4), and if so, what penalty should be imposed?Petitioner failed to prove that Respondent failed to maintain good moral character. Recommend dismissal.

12-002250PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs ANTHONY W. HATCHER (2012)

Division of Administrative Hearings, Florida Filed: Jun. 25, 2012

The issue to be determined is whether Respondent failed to maintain good moral character, in violation of section 943.1395(7), Florida Statutes (2011) and Florida Administrative Code Rule 11B-27.0011(4)(d), and if so, what penalty should be imposed?Petitioner proved that Respondent tested positive for marijuana on a random drug test. Recommend 90 days suspension followed by probation.

12-001677PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs LUIS DELMONTE (2012)

Division of Administrative Hearings, Florida Filed: May 14, 2012

The issues in this case are whether Respondent failed to maintain good moral character in violation of sections 943.1395(7) and 943.13(7), Florida Statutes, and Florida Administrative Code Rule 11B-27.0011(4)(b), by possessing not more than 20 grams of cannabis in violation of section 893.13(6)(b), Florida Statutes, and if so, the penalty that should be imposed.Petitioner failed to establish by clear and convicing evidence that Respondent, a certified law enforcement officer, unlawfully possessed less than 20 grams of marijuana.

03-004019PL DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs JESSE DIEGUEZ (2003)

Division of Administrative Hearings, Florida Filed: Oct. 29, 2003

Whether Respondent committed the offenses set forth in an Amended Administrative Complaint dated January 31, 2003, and, if so, what penalty should be imposed.Respondent sexually abused a minor for years and lied about the abuse to investigators. Recommend revocation of license.

11-001236PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs OMAR LOPEZ (2011)

Division of Administrative Hearings, Florida Filed: Mar. 10, 2011

Whether Respondent failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes (2009), and Florida Administrative Code Rule 11B-27.004(4), and if so, what penalty should be imposed?Petitioner demonstrated that Respondent misused his official position by accessing a secure database for personal use, but did not prove the he impersonated a law enforcement officer.

11-001237PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs OMAR LOPEZ (2011)

Division of Administrative Hearings, Florida Filed: Mar. 10, 2011

Whether Respondent failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes (2009), and Florida Administrative Code Rule 11B-27.004(4), and if so, what penalty should be imposed?Petitioner demonstrated that Respondent misused his official position by accessing a secure database for personal use, but did not prove the he impersonated a law enforcement officer.

10-009783PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs MICHAEL T. SCOTT (2010)

Division of Administrative Hearings, Florida Filed: Oct. 20, 2010

The issues in this case are: (a) Whether Respondent, Michael T. Scott ("Scott"), on October 23, 2010, knowingly made a false statement under oath in an official proceeding to Lee County Traffic Court Magistrate William Belcher; and (b) Whether, Scott, on September 16, 2009, made a false statement in a sworn statement to Investigator Charles Battaglia.Petitioner did not prove by clear and convincing evidence that Respondent is guilty of bad moral character.

10-010825PL CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs JOHNNY L. ADKINS (2010)

Division of Administrative Hearings, Florida Filed: Dec. 21, 2010

Whether Respondent committed the violations alleged in the Administrative Complaint and, if so, what disciplinary action should be taken against him.Charge that Respondent failed to maintain good moral character by having made a false statement to a public official was not proven where evidence was insufficient to show deceptive intent on Respondent's part.

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