STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRIMINAL JUSTICE STANDARDS AND ) TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) Case No. 87-0538

)

WILLIAM E. FORD, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Panama City, Florida, before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on March 18, 1987. The parties were represented by counsel:

For Petitioner: Joseph S. White, Esquire

Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: Paul G. Komarek, Esquire

Post Office Box 2522

Panama City, Florida 32402

By administrative complaint dated November 28, 1986, petitioner alleged that-respondent who had been "certified by the Criminal Justice Standards and Training Commission . . . was found guilty of the felony offense of Conspiracy to Deliver Cocaine, in and for the Fourteenth Judicial Circuit of Florida" on "or about April 18, 1986" and is, therefore, under "Sections 943.1 395(5), Florida Statutes, and 943.13(4), Florida Statutes . . . not qualified to hold a certificate as a law enforcement officer in the State of Florida . . .

."

ISSUE

Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?

FINDINGS OF FACT

1. Respondent, William E. Ford, Jr., was certified by the Criminal Justice Standards and Training Commission on May 20, 1976, and was issued Certificate Number 02-16845.

   
   

2. After Harry L. Harper, a felony prosecutor in the office of the State Attorney for the Fourteenth Judicial Circuit, had known respondent, who worked as a deputy in the Bay County Sheriff's office, for about a year, it fell to him to draw and sign the information charging respondent and his wife Barbara with conspiracy to deliver cocaine.

3. The jury who heard the case found respondent Ford guilty of conspiracy to deliver cocaine.

   
   

4. On April 18, 1986, after the jury returned its verdict, the Honorable Don T. Sirmons entered an order withholding adjudication of guilt and placing respondent on probation on conditions which included 60 days in jail. State v. Ford No. 85- 1938 AG (14th Cir.1986). Petitioner's Exhibit No. 1.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Criminal Justice Standards and Training Commission has authority to revoke the certification of law enforcement officers whom it has certified, Section 943.12(3), Florida Statutes (1986 Supp.), and who are "not in compliance with the provisions of Section 943.l3(1)-(10)." Section 943.1395(5), Florida Statutes (1986 Supp.). "Any person who, after July l, 1981, . . . is found guilty of a felony . . . is not eligible . . . notwithstanding . . . withholding of adjudication." Section 943.13(4), Florida Statutes (1986 Supp.). Since delivery of cocaine is a felony of the first (in excess of l0 grams) or second (10 grams or less) degree, Section 893.13(1), Florida Statutes (1985), conspiracy to that end is a second or third degree felony. Section 774.04(4), Florida Statutes (1985). When the jury returned its verdict, therefore, it found respondent guilty of a felony, rendering him ineligible to hold a certificate as a law enforcement officer.

It is accordingly, RECOMMENDED:

That petitioner revoke respondent's certificate as a law enforcement officer.

DONE and ENTERED this 2nd day of April, 1987, at Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 1987.

COPIES FURNISHED:

Rod Caswell, Director Criminal Justice Standards Training Commission

Post Office Box 1489 Tallahassee, Florida 32302

Robert R. Dempsey Executive Director

Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Joseph S. White, Esquire Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Paul G. Komarek, Esquire Post Office Box 2522

Panama City, Florida 32402

Docket for Case No: 87-000538

Orders for Case No: 87-000538