Division of Administrative Hearings, Florida
Filed: Aug. 22, 1989
An administrative complaint dated June 9, 1989, by the Criminal Justice Standards and Training Commission alleges that Respondent unlawfully intercepted a wire or oral communication in violation of Section 943.1395(5) and (6), Florida Statutes and Rule 11B-27.0011(4)(a), Florida Administrative Code, and that thereby he failed to maintain the qualifications established in Section 943.13(7), Florida Statutes, requiring that a law enforcement officer in the State of Florida have good moral character. Respondent disputes the allegation; he admits that he intercepted an oral communication but claims that such was lawful under a law enforcement exemption in Section 934.03, Florida Statutes. If it is determined that Respondent's interception was unlawful, an appropriate discipline of his certification must be recommended.Law enforcement officer secretly taped meeting with his superior overzealous investigation but not lack of good moral character.