Division of Administrative Hearings, Florida
Latest Update: Sep. 30, 1977
Upon review of the complete record, the Commission must reject and modify the Hearing Officer's Findings of Fact. For the most part, the Commission has modified the Hearing Officer's Order to reflect additional facts contained in the record and supported by competent, substantial evidence, but overlooked by the Hearing Of ficer's Findings of Facts. Number 2, regarding time of day, is rejected for lack of competent substantial evidence and the Commission's findings reflects the evidence contained in the record. The statement of Byrne is incorporated inasmuch as it appears to be an undisputed account of events as supported by competent evidence and more accurately reflects the sequence of events. Number's 3 and 4 are unchanged. Number 5 is modified to reflect the evidence presented in the record. Number's 6, 7 and 8 are accepted.Petitioner should not be suspended 16 hours for bungling an investigation. There is no proof he did not follow procedures.
