STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LAW ENFORCEMENT, ) CRIMINAL JUSTICE STANDARDS AND ) TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2938

)

HAZEL MARIE BOWLING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James F. Bradwell, held a public hearing in this case on November 29, 1984, in Arcadia, Florida.

APPEARANCES

For Petitioner: Robert Rand, Esquire

Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 33402

For Respondent: Hazel Marie Bowling, pro se

Post Office Box 2249 Clewiston, Florida 33440

and

Henry C. Jones, Police Officer Clewiston Police Department Clewiston, Florida 33440

ISSUE

The issue presented for decision herein is whether or not Respondent, Hazel Marie Bowling, is qualified to hold a Certificate as a law enforcement officer in Florida.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, stipulation of facts, and the entire record compiled herein, hereby make the following relevant factual findings.

   
   

2. Respondent, Hazel Marie Bowling, was certified by the Criminal Justice Standards and Training Commission on July 3, 1979, and was issued Certificate Number 02-23702 as a law enforcement officer.

3. On approximately December 17, 1981, Respondent was adjudicated guilty of the offense of filing a false report to law enforcement authorities, a misdemeanor involving perjury or false statement. (Stipulation of the parties)

   
   

4. As mitigating factors, Respondent, through representative Henry C. Jones, pointed out that motions for a new trial and for an arrest of the judgment, referred to hereinabove, had been made but were "erroneously" decided, at least in the minds of Respondent and representative Jones. Respondent also points to the fact that she has been hired by the Hendry County Sheriffs" Department as a dispatcher and that to obtain that employment, she was subjected to a background check and was cleared by that agency for the dispatcher's position.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120-57(1), Florida Statutes.

   
   

7. The authority of the Petitioner is derived from Chapter 943, Florida, Statutes. Additionally, Respondent, a certified enforcement officer, is subject to the disciplinary guides of Chapter 943, Florida, Statutes.

   
   

8. Respondent, having been adjudicated guilty on December 7, 1981, of the offense of filing a false report to law enforcement authorities, has committed a misdemeanor involving false statement within the meaning of Sections 943.1395(5) and 943.13(4), Florida Statutes. As such, Respondent is qualified to hold a Certificate as a law enforcement officer in Florida. 1/

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Petitioner, Criminal Justice Standards and Training Commission, enter a Final Order revoking Respondent's certification as a law enforcement officer in Florida.

RECOMMENDED this 7th of January, 1985, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 1985.

ENDNOTE

1/ Respondent's mitigating factors were considered by the undersigned; however, in view of the law infractions in which Respondent has been adjudicated guilty, Respondent is not qualified to hold a law enforcement Certificate in Florida notwithstanding the mitigating and other factors respecting her recent employment status with the Hendry County Sheriffs' Department as a dispatcher.

COPIES FURNISHED:

Robert Rand, Esquire Department of Law Enforcement

P.O. Box 1489 Tallahassee, FL 32302

Hazel Marie Bowling

P.O. Box 2249 Clewiston, FL 33440

Henry C. Jones

Clewiston Police Department Clewiston, FL 33440

C. Patrick Gallagher Executive Director

Division of Criminal Justice Standards and Training

P.O. Box 1489 Tallahassee, FL 32302

Docket for Case No: 84-002938

Orders for Case No: 84-002938