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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs DANIEL D. MONTGOMERY, 09-005605PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005605PL Visitors: 33
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
, podl eps, STATE OF FLORIDA ‘Le B CRIMINAL JUSTICE STANDARDS AND TRAINING . COMMISSION 2009 ogy hy HVioimns Anse isiG or . SUTHHIS TS SE 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. jjmh 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.
Source:  Florida - Division of Administrative Hearings

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