Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: JAMES BYARS
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Law Enforcement
Locations: Miami, Florida
Filed: Mar. 15, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 31, 2002.
Latest Update: Feb. 08, 2025
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STATE OF FLORIDA
CRIMINAL JUSTICE STANDARDS AND TRAINI.
COMMISSION
CRIMINAL JUSTICE STANDARDS
AND TRAINING COMMISSION,
Petitioner,
vs. CASE NO. 16838
James Byars,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Criminal Justice Standards and Training Commission,
hereinafter referred to as the Commission, files this Administrative _
Complaint against the Respondent, James Byars. The Commission seeks
to impose disciplinary action upon the referenced individual based on
the following allegations: .
i. Respondent was certified by the Criminal Justice Standards”
and Training Commission on October 30, 1995, and was issued Law
Enforcement Certificate Number 157211.
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2. On or about June 21, 2000, the Respondent, James Byars, did
unlawfully and knowingly make a false statement in writing with the
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intent to mislead Sgt. Kelly Reid, a public servant,
performance of Sgt. Kelly Reid's official duty.
3. The actions of the Respondent did violate the provisions of
Section 837.06 or any lesser included offensés, “Séetion “S43 1355 TC
and/or (7), Florida Statutes, and/or Rule 11B-27.0011(4} (b), Florida
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qualifications established in Section 943.13(7), Florida Statutes,
which require that a Law Enforcement Officer in the State of Florida
have good moral character.
4. This Administrative Complaint is issued pursuant to
Sections 120.60, and 943.1395(6) and/or (7), Florida Statutes. Any
proceedings concerning this Complaint shall be conducted pursuant to
Sections 120.569 and 120.57, Florida Statutes, and Rules 11B-27,
28-106, and 28-107, Florida Administrative Code. Mediation is not
available under Section 120.573, Florida statutes.
WHEREFORE, it is alleged that the Respondent, James Byars is
guilty of violating Sections "943.1395 (6) and/or (7), and/or 943.13(7),
Florida Statutes, and/or Rule 11B+27.0011(4) (b), Florida
Administrative Code.
NOW, THEREFORE, the Florida Criminal Justice Standards and
Training Commission hereby complains against James Byars and alleges
that an appropriate penalty, as provided in Section 943.1395(6) and/or
(7), Florida statutes, should be imposed for the reasons set forth
above and in accordance with the Election of Rights form (to which is
attached an Explanation of Rights form) attached hereto and
incorporated herein.
BY ORDER OF THE CRIMINAL JUSTICE STANDARDS AND ‘TRAINING
COMMISSION THIS DAY OF JUNE, 2001.
ROD CASWi L, PrOgram Director
Criminal Justice Professionalism Program
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been
served pursuant to Section 120.569, Florida Statutes, this [st day
of June, 2001, to James Byars, at 2045 Northwest 86th Street, Miami,
Florida 33147.
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C4eR
ROD CASWELL, Program Director
cc: Miami Beach Police Department
Ronald J. Cohen,
SENDER: UE!
"Complete items 33a 4nd
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3. Article Addressed to:
James Byars
2045 Northwest 86th Strect
Miami, Florida 33148
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Docket for Case No: 02-001081PL
Issue Date |
Proceedings |
Jul. 31, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 31, 2002 |
Petitioner`s Motion to Relinquish Jurisdiction and to Cancel Hearing (filed via facsimile).
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Jul. 25, 2002 |
Petitioner`s Notice of Substitution of Counsel (filed via facsimile).
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Jul. 24, 2002 |
Amended Notice of Video Teleconference issued. (hearing scheduled for August 1, 2002; 9:00 a.m.; Miami and Tallahassee, FL, amended as to video, location, and time).
|
Jul. 12, 2002 |
Notice of Hearing issued (hearing set for August 1, 2002; 10:00 a.m.; Miami, FL).
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Jul. 11, 2002 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
Jul. 10, 2002 |
Letter to Judge Rivas from J. Byars regarding requesting a continuance (filed via facsimile).
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Jul. 05, 2002 |
Amended Notice of Video Teleconference issued. (hearing scheduled for July 11, 2002; 9:00 a.m.; Miami and Tallahassee, FL, amended as to video, location, and time).
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Jun. 17, 2002 |
Order Granting Motion to Withdraw as Counsel issued.
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Jun. 17, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 11, 2002; 9:30 a.m.; Miami, FL).
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Jun. 14, 2002 |
Petitioner`s Emergency Motion to Continue (filed via facsimile).
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Jun. 03, 2002 |
Motion to Withdraw as Counsel (filed by Respondent via facsimile).
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May 17, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 24, 2002; 9:30 a.m.; Miami, FL).
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May 07, 2002 |
Motion for Conrtinuance filed by Respondent.
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Apr. 01, 2002 |
Order of Pre-hearing Instructions issued.
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Apr. 01, 2002 |
Notice of Hearing issued (hearing set for May 23, 2002; 9:30 a.m.; Miami, FL).
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Mar. 18, 2002 |
Initial Order issued.
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Mar. 15, 2002 |
Administrative Complaint filed.
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Mar. 15, 2002 |
Election of Rights filed.
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Mar. 15, 2002 |
Request for Assignment of Administrative Law Judge filed.
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