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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs MOISES FERNANDEZ, 09-005345PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005345PL Visitors: 13
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: MOISES FERNANDEZ
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Law Enforcement
Locations: LaBelle, Florida
Filed: Oct. 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 16, 2009.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION a - : O4-Sous Pe CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 27758 Moises Fernandez, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Moises Fernandez. 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 . March 6, 2003, and was issued Correctional Certificate Number 229801. ° 2. (a) On or between September 23, 2008 and October 29, 2008, the Respondent, Moises Fernandez, did knowingly obtain or use, or endeavor to obtain or use money or property valued at three hundred dollars ($300.00) or more, the property of another, to-wit: City of Clewiston, as owner or custodian thereof, with the intent to temporarily or permanently deprive the owner or custodian of a right to the property, or a benefit therefrom, or to appropriate the property to his own use, or to the use of any person not entitled thereto. (b) On or between September 23, 2008 and October 29, 2008, the Respondent, Moises Fernandez, did’ unlawfully use or receive the direct benefit from the use of a utility, to wit: City of Clewiston knowing, or under such circumstances as would induce a reasonable person to believe, that such direct benefits have resulted from any tampering with, altering of, or injury to any connection, wire, conductor, meter, pipe, conduct, line, cable, transformer, amplifier, or.other apparatus or device owned, operated, or controlled by such utility, for the purpose of avoiding payment. 3. The actions of the Respondent did violate the provisions of Section 812.014; 812.014(2)(c)(1) or any lesser included offenses, Section 943.1395(7), Florida Statutes and Rule 11B- 27.0011(4)(a); (b), 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 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 Code. . Mediation is not available under Section 120.573, Florida Statutes. WHEREFORE, it is alleged that the Respondent, Moises Fernandez is guilty of violating Sections 943.1395(7) and 943.13(7), Florida Statutes and Rule 11B-27.0011(4)(a); (b), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Moises Fernandez 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 23rd DAY OF JUNE, 2009. 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 26th day of June, 2009, to Moises Fernandez, at 11941 Starbridge Lane, Wellington, Florida 33414. /sb ce: Glades County Sheriff's Office

Docket for Case No: 09-005345PL
Source:  Florida - Division of Administrative Hearings

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