STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRIMINAL JUSTICE STANDARDS )

AND TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 87-2826

)

MARCEL C. JOHNSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above matter was beard before the Division of Administrative Hearings by its duly designated Hearing Officer, Donald R. Alexander, on August 12, 1987 in Miami, Florida.

APPEARANCES

For Petitioner: Joseph S. White, Esquire

Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: No appearance

BACKGROUND

By administrative complaint filed on November 28, 1986, petitioner, Criminal Justice Standards and Training Commission, charged that respondent, Marcel C. Johnson, who is certified as a law enforcement officer, had violated Subsection 943.1395(5), Florida Statutes (1985), and that his certification should accordingly be revoked. The basis for the complaint is that on April 15, 1986 respondent pled nolo contendere to the felony offense of possession of cocaine. Thereafter, respondent requested a formal hearing to contest the allegation. The matter was referred to the Division of Administrative Hearings by petitioner on July 2, 1987 with a request that a hearing officer be assigned to conduct a hearing.

By notice of hearing dated July 21, 1987, a final hearing was scheduled on August 12, 1987 in Miami, Florida. At final hearing, petitioner presented the testimony of Harry J. Kendrick and offered petitioner's exhibit 1 which was received in evidence. Respondent did not appear.

There is no transcript of hearing. Petitioner waived its right to submit proposed findings of fact and conclusions of law.

At issue is whether respondent's law enforcement certification should be revoked for the alleged violations as set forth in the administrative complaint.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACT

1. Respondent, Marcel C. Johnson, is a certified law enforcement officer having been issued certification number 0235217 on March 2, 1982 by petitioner, Criminal Justice Standards and Training Commission. Until 1985 or early 1986, he was employed as a police office by the City of Miami.

   
   

2. On or about April 15, 1986 Johnson pled nolo contendere to possession of a controlled substance - cocaine, a third degree felony. Adjudication of guilt was withheld and Johnson was placed on three years' probation and required to perform 150 hours of community service.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has juris- diction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes (Supp. 196).

4. Relevant to this proceeding is the following statutory provision: 943.1395 Certification for employment or

   appointment; concurrent certification;

   reemployment or reappointment; inactive status; revocation; investigation.

   * * *

   (5) The commission shall revoke the certification of any officer who is not in compliance with the provisions of s. 943.13 (1)-(10) and shall, by rule, adopt revocation-of-certification procedures pursuant to Chapter 120. For the purpose of revocation, the chairman of the commission shall appoint one or more panels of three commissioners each to determine probable cause.

   * * *

   
   

   Subsection 943.13(4), Florida Statutes (1985) is also relevant and specifies the following criterion for certification as a law enforcement officer:

   
   

   (4) Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, or have received a dishonorable or undesirable discharge from

   any of the Armed Forces of the United States. Any person who, after July 1, 1931, pleads guilty or nolo contendere to or is found guilty of a felony or of a misdemeanor involving perjury or a false statement is

   not eligible for employment or appointment as an officer, notwithstanding suspension of sentence or withholding of adjudication.

5. Having pled nolo contendere to a felony on March 4, 1986, respondent has violated Subsection 943.13(4), Florida Statutes (1985). By doing so, respondent has failed to meet the minimum qualifications required for certification. Therefore, the charges in the administrative complaint have been substantiated, and respondent's law enforcement certification must be revoked.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent's law enforcement certification number 0235217

be REVOKED.

DONE AND ORDERED this 14th day of August, 1987, in Tallahassee, Leon County, Florida.

DONALD R. ALEXANDER

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 14th day of August, 1987.

COPIES FURNISHED:

Joseph S. White, Esquire Post Office Box 1489 Tallahassee, Florida 32302

Mr. Marcel C. Johnson

2105 Northwest 56th Street Miami, Florida 33142

Mr. Rod Caswell, Director Criminal Justice Standards

and Training Commission Post Office Box 1489 Tallahassee, Florida 32302

Mr. Robert R. Dempsey Executive Director Florida Department of

Law Enforcement Post Office Box 1489

Tallahassee, Florida 32302

Docket for Case No: 87-002826

Orders for Case No: 87-002826