Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: DANIEL D. MONTGOMERY
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Law Enforcement
Locations: Punta Gorda, Florida
Filed: Oct. 14, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 11, 2010.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA ‘Le B
CRIMINAL JUSTICE STANDARDS AND TRAINING .
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CRIMINAL JUSTICE STANDARDS HEAR ie Tye
AND TRAINING COMMISSION, “GS
Petitioner,
vs. CASE NO. 26628
Daniel D. Montgomery,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Criminal Justice Standards and Training Commission, hereinafter referred to as the
Commission, files this Administrative Complaint against the Respondent, Daniel D. Montgomery. 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
August 28, 1996, and was issued Correctional Certificate Number 165946.
2. On or about October 19, 2003, the Respondent, Daniel D. Montgomery, did unlawfully
and falsely assume or pretend to be an Officer of the Florida Highway Patrol, and unlawfully took upon
himself to act as such, or require any other person to aid or assist him in a matter pertaining to the duty of
any such officer, to wit: question a citizen about his age to consume alcohol and indicate he was an
undercover police officer to another citizen.
3. The actions of the Respondent did violate the provisions of Section 843.08 or any lesser
included offenses, Section 943.1395(7), Florida Statutes, and Rule 11B-27.0011(4)(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 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 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, Daniel D. Montgomery is guilty of violating
Sections 943.1395(7) and 943 13(7), Florida Statutes and Rule 11B-27.0011(4)(a), Florida Administrative
Code.
NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby
complains against Daniel D. Montgomery 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
tas _ GH~_ payor Ausust 3008.
Koay n Director
Professionalism Program
Criminal Justi
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section
120.569, and Section 120.60, Florida Statutes, this_ SLA day of fu ust, 2008, to
Daniel D. Montgomery, at 344 NE 27th Terrace, Cape Coral, Florida 33909.
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ce: Department of Corrections, Region 4
Docket for Case No: 09-005605PL
Issue Date |
Proceedings |
Jan. 11, 2010 |
Order Closing File. CASE CLOSED.
|
Jan. 07, 2010 |
Motion to Relinquish Jurisdiction filed.
|
Jan. 06, 2010 |
Order Re-scheduling Hearing (hearing set for March 5, 2010; 9:00 a.m.; Punta Gorda, FL).
|
Dec. 10, 2009 |
Order Granting Continuance (parties to advise status by December 21, 2009).
|
Dec. 07, 2009 |
Consented Motion for Continuance filed.
|
Oct. 27, 2009 |
Order of Pre-hearing Instructions.
|
Oct. 27, 2009 |
Notice of Hearing (hearing set for December 22, 2009; 9:00 a.m.; Punta Gorda, FL).
|
Oct. 26, 2009 |
Letter to Judge Harrell from S. Traxler advising of Respondent's current address filed.
|
Oct. 22, 2009 |
Joint Response to Initial Order filed.
|
Oct. 14, 2009 |
Election of Rights filed.
|
Oct. 14, 2009 |
Administrative Complaint filed.
|
Oct. 14, 2009 |
Agency referral filed.
|
Oct. 14, 2009 |
Initial Order.
|