STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 87-4929

)

CAREY A. REDDICK, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William R. Cave, held a public hearing in the above- captioned case on February 11, 1988, in Tallahassee, Florida. The issue for determination is whether Respondent's law enforcement officer certification should be revoked based on the charges alleged in the Administrative Complaint filed herein.

APPEARANCES

For Petitioner: Joseph S. White, Esquire

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

For Respondent: No Appearance

BACKGROUND

By Administrative Complaint dated August 31, 1987 and filed with the Division of Administrative Hearings on November 4, 1987, the Petitioner seeks to revoke Respondent's law enforcement officer certification. As grounds therefor, it is alleged that Respondent on or about April 23, 1987 pled nolo contendere to the felony offenses of grand theft and dealing in stolen property in violation of Sections 943.1395(5) and 943.13(4), Florida Statutes.

The Respondent was given timely notice of the hearing on December 8, 1987 at, 15424 Loomis, Harvey IL 60426, the same address listed on Respondent's Election of Rights form dated September 28, 1987 and filed with the Petitioner on October 2, 1987. The Notice of Hearing was not returned by the Postal Department. At the time for the scheduled hearing, Respondent did not appear and, after waiting twenty five (25) minutes with no word from the Respondent, the undersigned commenced the hearing. The Respondent made no appearance during, or at the conclusion of, the hearing.

In support of its charges, Petitioner presented the testimony of Deborah W. Richards. Petitioner's Composite Exhibit No. 1 was received into evidence.

Respondent offered no oral or documentary evidence at the hearing.

The Petitioner waived its right to submit posthearing Proposed Findings of Fact and Conclusions of Law. Respondent's failure to appear will be treated as a waiver of his right to file posthearing Proposed Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. The Respondent whose Social Security Number is 356-48-9981 was certified as a law enforcement office by the Criminal Justice Standards and Training Commission on December 18, 1985 and was issued certificate number 12- 85-222-02.

   
   

2. At all times material to this proceeding, Respondent was a certified law enforcement officer.

   
   

3. On or about April 23, 1987 Respondent entered a plea of nolo contendere to the charges of grand theft in the second degree, a violation Section 812.014, Florida Statutes and dealing in stolen property, a violation of Section 812.019, Florida Statutes. The Respondent was adjudged guilty of these offenses by the Circuit Court of Saint Lucie County, Florida on April 23, 1987.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, this proceeding pursuant to Section 120.57, (1), Florida Statutes.

   
   

5. Section 943.12(3) and 943.1395(5), Florida Statutes, empowers the Criminal Justice Standards and Training Commission (Commission) to revoke the certification of any law enforcement officer who is not in compliance with any one of those enumerated requirements listed in Section 943.13(1)-(10), Florida Statutes.

   
   

6. The alleged misconduct of which Respondent is accused purportedly puts him in violation of Section 943.13(4), Florida Statutes which provides in pertinent part as follows:

   
   

   (4) Not have been convicted of any felony Any person who after July 1, 1981, pleads guilty or nolo contendere to or is found guilty of any felony...notwithstanding suspension of sentence or withholding adjudication.

   
   

7. Both grand theft in the second degree, and dealing in stolen property are felony offenses as the term felony is defined in Section 775.08, Florida Statutes and punishable as such under Chapter 775, Florida Statutes. See Sections 812.014 and 812.019, Florida Statutes.

8. In disciplinary proceedings, the burden of proof is upon the regulatory agency to establish facts upon which it allegations of misconduct are based. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (1 DCA Fla. 1977). The Petitioner has met its burden to show that Respondent violated Section 943.013(4) Florida Statutes and thereby subjected his law enforcement certification to revocation.

RECOMMENDATION

Having considered the evidence of record and the candor and demeanor of the witness, it is, therefore

RECOMMENDED that the Commission enter a Final Order revoking the law enforcement officer certification (No. 12-85-222-02) of Respondent, Carey A. Reddick.

Respectfully submitted and entered this 15th day of February, 1988, in Tallahassee, Florida.

WILLIAM R. CAVE, 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 15th day of February, 1988.

COPIES FURNISHED:

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

Carey A. Reddick 15424 Loomis

Harvey, IL 60426

Robert R. Dempsey Executive Director Post Office Box 1489

Tallahassee, Florida 32302

Rod Caswell, Director Criminal Justice Standards

Training Commission Post Office Box 1489

Tallahassee, Florida 32302

Docket for Case No: 87-004929

Orders for Case No: 87-004929