Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: JOHNNY GARCIA
Judges: LISA SHEARER NELSON
Agency: Department of Law Enforcement
Locations: Daytona Beach, Florida
Filed: Sep. 22, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 10, 2009.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
CRIMINAL JUSTICE STANDARDS AND TRAINING
COMMISSION
CRIMINAL JUSTICE STANDARDS ive Y 123 p L
AND TRAINING COMMISSION,
Petitioner,
vs. CASE NO. 25612
Johnny Garcia,
Respondent.
ADMINISTRATIVE COMPLAINT
The Criminal Justice Standards and Training Commission, hereinafter referred to as the
Commission, files this Administrative Complaint against the Respondent, Johnny Garcia. The
Commission seeks 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
September 14, 2004, and was issued Law Enforcement Certificate Number 243401.
2. On or about September 2, 2007, the Respondent, Johnny Garcia, did then while
employed as a Law Enforcement Officer with the Port Orange Police Department engage in sexual
contact with another while on duty. ,
3. The actions of the Respondent did violate the provisions of Section 943.1395(7), Florida
Statutes, and Rule 11B-27.0011(4)(c), Florida Administrative Code, in that Respondent has failed to
maintain the 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(7),
Florida Statutes and Rule 11B-27.004(4), Florida Administrative Code. Any proceedings concerning this
Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapters
11B-27, 28-106, and 28-107, Florida Administrative Cade. Mediation is not available under Section
120.573, Florida Statutes.
WHEREFORE, it is alleged that the Respondent, Johnny Garcia is guilty of violating Sections
943.1395(7) and 943.13(N, Florida Statutes, and Rule 11B-27.0011(4)(c), Florida Administrative Code.
NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby
complains against Johnny Garcia and alleges that an appropriate penalty, as provided in Section
943.1395(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 1ith DAY OF DECEMBER, 2007.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section
120.569 and Section 120.60, Florida Statutes, this 14th day of December, 2007, to J ohnny Garcia, at 102
E. Baywood Square, Daytona Beach, Florida 32119.
ym Director
/sb
ce: Port Orange Police Department
Docket for Case No: 08-004722PL
Issue Date |
Proceedings |
Jun. 15, 2009 |
(Respondent's) Motion to Dismiss filed.
|
Jun. 10, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 08, 2009 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 03, 2009 |
Order Continuing the Hearing and Requiring a Status Report (parties to advise of status by June 9, 2009).
|
May 19, 2009 |
CASE STATUS: Hearing Partially Held; continued to June 9, 2009; 5:00 p.m.; Tallahassee, FL. |
Feb. 24, 2009 |
Notice of Substitution of Counsel (of S. Traxler) filed.
|
Feb. 18, 2009 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for May 19, 2009; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
|
Feb. 17, 2009 |
Petitioner`s Response to Initial Order filed.
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Feb. 16, 2009 |
Letter to Judge Nelson from B. Chester regarding order dated February 6, 2009 filed.
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Feb. 06, 2009 |
Order Granting Continuance (parties to advise status by February 16, 2009).
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Feb. 05, 2009 |
Letter to Judge Nelson from B. Chester regarding request to postpone hearing filed.
|
Dec. 16, 2008 |
Notice of Hearing by Video Teleconference (hearing set for February 13, 2009; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
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Dec. 08, 2008 |
Unilateral Response to Order Granting Continuance filed.
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Dec. 05, 2008 |
Order Granting Continuance (parties to advise status by December 15, 2008).
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Dec. 05, 2008 |
Letter to Judge Nelson from J. Garcia regarding request to reschedule hearing filed.
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Nov. 17, 2008 |
Notice of Service of Petitioner`s Witness List And Exhibits filed.
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Oct. 13, 2008 |
Order of Pre-hearing Instructions.
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Oct. 13, 2008 |
Notice of Hearing by Video Teleconference (hearing set for December 10, 2008; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
|
Sep. 29, 2008 |
Unilateral Response to Initial Order filed.
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Sep. 22, 2008 |
Initial Order.
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Sep. 22, 2008 |
Election of Rights filed.
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Sep. 22, 2008 |
Administrative Complaint filed.
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Sep. 22, 2008 |
Agency referral filed.
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