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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs ROBERT L. MILLER, 05-002250PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002250PL Visitors: 40
Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: ROBERT L. MILLER
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Law Enforcement
Locations: Sanford, Florida
Filed: Jun. 21, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 16, 2005.

Latest Update: Dec. 22, 2024
Jun 21 2005 8:51 STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 21021 Robert L. Miller, , Respondent. ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Robert L. Miller. The Commission secks to impose disciplinary action upon the referenced individual based on the following allegations: 1, Respondent was certified by the Criminal Justice Standards and Training Commission on December 31, 1997 and was issued Correctional Certificate Number 177295 and on October 2, 1990, was issued Law Enforcement Certificate Number 177278. 2. On or about May 26, 2004, the Respondent, Robert L. Miller, did then while acting as a Corrections officer, use excessive and/or unnecessary force on Brad Cole, victim, to wit: grabbing him by the throat and pushing him into a sink, the use of which was inappropriate for the circumstances presented. On or about May 26, 2004, the Respondent, Robert L. Miller, did unlawfully and knowingly make a false statement in writing with the intent to mislead, his sergeant, a public servant, in the performance of his official duty. Jun 21 2005 = 8:52 On or about June 2, 2004, the Respondent, Robert L. Miller, did unlawfully make a false statement, which he or she did not believe to be true, under oath administered by Captain Martin L. Linnekugel, to wit: internal interview, in regard to a material matter. 3. The actions of the Respondent did violate the provisions of Section 837.06 and/or 837.02(1) or any lesser included offenses, Section 943.1395(6) and/or (7), Florida Statutes, and/or Rule 11B-27.0011(4)(c)(b)(a), Florida Administrative Code, in that Respondent has failed to maintain the qualifications established in Section 943.13(7), Florida Statutes, which require that a Correctional and 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, Robert L. Miller is guilty of violating Sections 943.1395(6) and/or (7), and/or 943.13(7), Florida Statutes, and/or Rule 11B- 27.001 1(4)(c)(b)(a), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Robert L. Miller 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 4V44___ DAY OF MAY, 2005. Jun 21 2005 8:52 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section 120.569, Florida Statutes, this (gh day of May, 2005, to Robert L. Miller, at 878 Commonwealth Court, Casselberry, Florida 32707. ce: Seminole County Sheriff's Office COMPLETE THIS BEL ICT CEES t 1 ml ENDER: COmPLeTe THIS SECTION return the card to yOu. 1 ot ig cord to the beak of te malpleee, or on thefront if apace permits. 1. Aatioke Aedeeianed te: Rober L. Miller 878 Commonweatth 2707 Gaseelberry, Florida 327 oo Met wat 21 Return Racelgt for Meichanclise Gime Mal 2.00. Reencted Delivery? (xtra Fee) 5 Yee . D3 6849 4319 ; 2. ile Number 7004 3340 COU — ne PUTELLANGE SECTOR sao (ranater from Domeatic Return Feceiot ROA Cahn inary 2004 ™

Docket for Case No: 05-002250PL
Issue Date Proceedings
Aug. 16, 2005 Order Closing File. CASE CLOSED.
Aug. 16, 2005 Joint Motion To Relinquish Jurisdiction With Leave To Re-Open filed.
Jul. 11, 2005 Petitioner`s Response To Respondent`s First Request For Production Of Documents filed.
Jul. 07, 2005 Respondent`s Request for Issuance of Subpoenas filed.
Jul. 07, 2005 Respondent`s First Request for Production of Documents filed.
Jul. 07, 2005 Petitioner`s Witness List filed.
Jun. 28, 2005 Order of Pre-hearing Instructions.
Jun. 28, 2005 Notice of Hearing (hearing set for August 19, 2005; 9:00 a.m.; Sanford, FL).
Jun. 23, 2005 Joint Response to Initial Order filed.
Jun. 21, 2005 Respondent Robert L. Miller`s Answer and Affirmative Defenses to Administrative Complaint and Request for Formal Administrative Hearing filed.
Jun. 21, 2005 Election of Rights - Administrative Complaint/Statement of Denial filed.
Jun. 21, 2005 Administrative Complaint filed.
Jun. 21, 2005 Request for Assignment of Administrative Law Judge filed.
Jun. 21, 2005 Initial Order.
Source:  Florida - Division of Administrative Hearings

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