Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: JOHN A. GACONI
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Law Enforcement
Locations: Fort Myers, Florida
Filed: Dec. 11, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 5, 2013.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
CRIMINAL JUSTICE STANDARDS AND TRAINING
COMMISSION
CRIMINAL JUSTICE STANDARDS
AND TRAINING COMMISSION,
Petitioner,
vs. CASE NO. 33367
John A. Gaconi,
Respondent.
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ADMINISTRATIVE COMPLAINT
The Criminal Justice Standards and Training Commission, hereinafter referred to as the
Commission, files this Administrative Complaint against the Respondent, John A. Gaconi. 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
December 12, 1980, and was issued Law Enforcement Certificate Number 46180 and on June | 1999,
was issued Instructor Certificate Number 209022.
2. (a) On or between January 5, 2009 to May 7, 2010, the Respondent, John A. Gaconi, did
then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any property or
resource within his trust, or did perform his official duties, in such a manner as to secure a special
privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, querie
individuals through DAVID database for no legitimate law enforcement purpose (19 Counts).
(b) On or between March 27, 2009 to May 7, 2010, the Respondent, John A. Gaconi, di
then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any property or
resource within his trust, or did perform his official duties, in such a manner as to secure a special
privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, queried
individuals through the Agency for Workforce Innovation database for no legitimate law enforcement
purpose (6 Counts).
(c) On or bev..cen October 6, 2008, to April 22, 2010, ti. .espondent, John A. Gaconi,
did then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any
property or resource within his trust, or did perform his official duties, in such a manner as to secure a
special privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, queried
individuals through the Insite database for no legitimate law enforcement purpose (13 Counts).
(d) On or between October 21, 2004, to October 24, 2009, the Respondent, John A.
Gaconi, did then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any
property or resource within his trust, or did perform his official duties, in such a manner as to secure a
special privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, queried
individuals through the FCIC/NCIC database for no legitimate law enforcement purpose (13 Counts).
(e) On January 13, 2011, the Respondent, John A. Gaconi, did unlawfully make a false
statement, which he or she did not believe to be true, under oath administered by FDLE Inspector Scott
McInerney, in an official proceeding, to wit: FDLE Internal Investigation EI-79-1526, in regard to a
material matter.
(f) On December 3, 2009, the Respondent, John A. Gaconi, did unlawfully and
knowingly make a false statement in writing with the intent to mislead FDLE Special Agent Supervisor
Vince Weiner, a public servant, in the performance of his official duty.
3. The actions of the Respondent did violate the provisions of Section 837.02(1); 837.06 or any
lesser included offenses, Section 943.1395(7), Florida Statutes, and Rules 11B-27.0011(4)(c); (c); (c); (c);
(a); (b) and 11B-20.0012(2)(f), 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
and Instructor officer or Instructor in the State of Florida have good moral character and which gives rise
to a disciplinary action against Respondent's certification.
4, This Administrative Complaint is issued pursuant to Sections 120.60, 943.12(3), and
943.1395(7), Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant
to Sections 120.569 and 120.57, Florida Statutes, and Chapters 11B-20, 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, John A. Gaconi is guilty of violating Sections
943.1395(7), and 943.13(7), Florida Statutes, and Rules 11B-27.0011(4)(c); (c); (c); (c); (a); (b) and 11B-
20.0012(2)(f), Florida Administrative Code.
NOW, THEREFORE, she Florida Criminal Justice Standards anc ..caining Commission hereby
complains against John A. Gaconi 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
AAC PRITT, —) Neetor
Criminal Justice Professionalism Program
THIS 9th DAY OF May, 2012.
CERTIFICATE OF SERVICE
1 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 May, 2012, to John A. Gaconi, at pe
JENKIFE be Darter:
ce: Florida Department of Law Enforcement
/sb
Docket for Case No: 12-003965PL
Issue Date |
Proceedings |
Apr. 05, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Apr. 05, 2013 |
Notice of Settlement and Motion to Relinquish Jurisdiction filed.
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Mar. 25, 2013 |
Subpoena ad Testificandum (Kristin Ehrenfeld) filed.
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Mar. 25, 2013 |
Subpoena ad Testificandum (James McGlone) filed.
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Mar. 05, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 20 through 22 and May 24, 2013; 9:00 a.m.; Fort Myers, FL).
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Feb. 26, 2013 |
Petitioner's Motion to Continue and for Hearing via Video Teleconference filed.
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Feb. 25, 2013 |
Order Denying Request for Video Hearing.
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Feb. 15, 2013 |
Petitioner's Motion for Hearing via Video Teleconference filed.
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Dec. 13, 2012 |
Order of Pre-hearing Instructions.
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Dec. 13, 2012 |
Notice of Hearing (hearing set for April 8 through 12, 2013; 9:00 a.m.; Fort Myers, FL).
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Dec. 11, 2012 |
Joint Response to Initial Order filed.
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Dec. 11, 2012 |
Initial Order.
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Dec. 11, 2012 |
Administrative Complaint filed.
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Dec. 11, 2012 |
Agency referral filed.
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Dec. 11, 2012 |
Election of Rights filed.
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