STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRIMINAL JUSTICE STANDARDS )

AND TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO.: 96-4734

)

RICHARD CAMPBELL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, Don W. Davis, a duly designated Administrative Law Judge of the Division of Administrative Hearings, held a formal hearing in the above-styled case on January 28, 1997, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Karen D. Simmons, Esquire

Department of Law Enforcement Post Office Box 1498 Tallahassee, Florida 32302-1489

For Respondent: Marc E. Taps, Esquire

Stephanie A. Johnson, Esquire

Legal Services of North Florida, Inc. 2119 Delta Boulevard

Tallahassee, Florida 32303

STATEMENT OF THE ISSUE

The issue for determination is whether Respondent failed to maintain the good moral character requisite to continued certification as a law enforcement officer in violation of Section 943.13(7), Florida Statutes.

PRELIMINARY STATEMENT

On June 30, 1994, Petitioner issued an Administrative Complaint which charged Respondent with failure to maintain good moral character as a result of an incident where Respondent was alleged to have stolen funds belonging to the Florida State Seminole Boosters totaling 300 dollars or more.

Respondent disputed the allegations of the Administrative Complaint and requested a formal hearing. On October 24, 1996, the matter was transferred to the Division Of Administrative Hearings for conduct of a formal hearing pursuant to Section 120.57(1), Florida Statutes.

At the final hearing, Petitioner presented the testimony of nine witness and eleven evidentiary exhibits. Respondent presented no testimony or exhibits.

A transcript of the final hearing was filed with the Division of Administrative Hearings on February 24, 1997. Proposed findings of fact submitted by the parties have been considered in the preparation of this recommended order.

FINDINGS OF FACT

1. Respondent is Richard Campbell, holder of Law Enforcement Certificate Number 89955 and Instructor Certificate #130914.

2. Campbell had worked with the Florida State Seminole Boosters for several years as an assistant to George Brand, Assistant Director Of Concessions. Most of Campbell’s duties had to do with the distribution and transportation of money.

3. On the night of October 9, 1993, after the football game between Florida State University and the University of Miami, Campbell receipted for 37 bags of money from the counting room at Doak Campbell Stadium. The bags were placed in his vehicle, a mini-van.

4. Campbell drove his vehicle to the bank, followed by another officer in another vehicle. At the bank, the other officer, Mark Edenfield, stood guard while Campbell transferred the money bags to the night depository. Edenfield, at Campbell’s suggestion, looked in Campbell’s car to insure that there were no money bags inadvertently left in the vehicle.

5. As documented by bank records, upon removal of the bags from the night depository by bank employees the following Tuesday, October 12, 1993, only 36 money bags were discovered.

6. Brand testified at the final hearing that Campbell told him that he, Campbell, would replace the missing funds, estimated at approximately 1500 dollars, to escape prosecution although he, Campbell, was not guilty. Campbell never made such payment and, in the absence of corroborative evidence, Brand’s testimony concerning such a statement by Campbell, is not credited.

7. A subsequent criminal investigation of the theft was undertaken by the University Police Department and the Leon County Sheriff’s Department. Ultimately, the Office of the State Attorney declined to file criminal charges against Campbell in connection with the missing money bag.

   CONCLUSIONS OF LAW

8. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter. Section 120.57(1), Florida Statutes.

9. Section 943.13(7), Florida Statutes, requires that any full-time or part-time certified law enforcement officer maintain good moral character.

10. Petitioner's rule policy defines failure to maintain good moral character to include grand theft (commission by a law enforcement officer of any act constituting a violation of Section 812.014, Florida Statutes), regardless of whether the offense is prosecuted. Rule 11B-27.0011(4)(a), Florida Administrative Code.

11. The Administrative Complaint in this case specifically charges Respondent with failure to maintain good moral character as a result of unlawful action to obtain or use United States Currency of the value of 300 dollars or more, belonging to the Florida State University Seminole Boosters, in violation of Rule 11B-27.0011(4)(a), Florida Administrative Code.

12. Petitioner bears the burden of proving by "clear and convincing evidence" the allegations of the administrative complaint. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987). Here Petitioner’s case is circumstantial at best and the possibility that culpability for the specific theft alleged in the Administrative Complaint rests with others cannot be excluded. Petitioner has not met its burden.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that a Final Order be entered dismissing the Administrative Complaint.

DONE AND ENTERED this 12th day of March, 1997, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 12th day of March, 1997.

COPIES FURNISHED:

Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Mark E. Taps, Esquire Stephanie Johnson, Esquire

Legal Services of North Florida, Inc. 2119 Delta Boulevard

Tallahassee, Florida 32302-4220

A. Leon Lowry, II, Director Division of Criminal Justice

Standards and Training Commission Post Office Box 1489

Tallahassee, Florida 32302

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

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 96-004734

Orders for Case No: 96-004734