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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs CARLOS PINEDA, 03-002574PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002574PL Visitors: 8
Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: CARLOS PINEDA
Judges: STUART M. LERNER
Agency: Department of Law Enforcement
Locations: Fort Lauderdale, Florida
Filed: Jul. 16, 2003
Status: Closed
Recommended Order on Thursday, January 22, 2004.

Latest Update: Apr. 02, 2013
Summary: Whether the written statement that Respondent gave on September 17, 1998, at the request of Florida Department of Law Enforcement (FDLE) Special Agent John Subic was voluntary and therefore may be used by Petitioner to establish Respondent's guilt of the charge in the Administrative Complaint issued against him.Correctional officer`s statement admitting that the pills found in his vehicle were steroids for his use was admissible on the ground that it was voluntarily given.
03002574AFO


STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AN

COMMISSION


CRIMINA..L JUSTICE STANDJ\...JlDS AND TRAINING COMMISSION,

Petitioner,

FILED WITH THE CLERK OF THE CJS&T

COMMISSION THIS d< DAY OF


T , 2005

BY _j_ f

DEPUTY CLERK

-vs-

CARL0S PINEDA,

Certificate No.: 155183 Respondent.

CASE NUMBER: 16490

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FINAL ORDER 0 z ::o n7J

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This matter came before the Criminal Justice Standards and Trailriitg Commission

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(the Commission) at a public meeting on February 17, 2005, in Lake Mary, Floridi= It was


alleged by Administrative Complaint that the Respondent bad violated specified sections of Chapter 943, Florida Statutes, and Chapter llB-27, Florida Administrative Code. In a document submitted to the Commission, the Respondent chose to voluntarily relinquish his criminal justice certification to the Commission. After being duly noticed of this hearing, the Respondent neither appeared nor was represented by counsel at the meeting.

FINDINGS OF FACT


The allegations of fact set forth in the Administrative Complaint are supported by competent substantial evidence and are uncontested by the Respondent. Those allegations of fact are approved, adopted and incorporated herein by reference as the Commission's findings of fact.

CONCLUSIONS OF LAW


  1. The Commission has jurisdiction over the parties and the subject matter of this case.

  2. Under §943.1395, Florida Statutes, and Chapter llB-27, Florida .


Administrative Code, the allegations of fact set forth in the Administrative Complaint constitute good legal grounds for taking disciplinary action against the Respondent.

It is therefore ORDERED AND ADJUDGED that:


  1. The Respondent's voluntary relinquishment of his above-referenced criminal justice certification is ACCEPTED.

  2. The Respondent shall immediately surrender to the Commission his criminal justice certificate(s).

  3. This Final Order will become effective upon filing with the Clerk of the Department of Law Enforcement.

SO ORDERED this A day of February, 2005.


CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION


Q¼nd

DORRIS SEIBERT

CHAIRMAN


NOTICE


THIS ORDER CONSTITUTES FINAL AGENCY ACTION. ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO SEEK JUDICIAL REVIEW UNDER SECTION 120.68, FLORIDA STATUTES, BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF LAW ENFORCEMENT, P.O. BOX 1489, TALLAHASSEE, FLORIDA 32302-1489, AND BY FILING A SECOND COPY OF THE NOTICE OF APPEAL WITH THE APPROPRIATE DISTRICT COURT OF APPEAL IN ACCORDANCE WITH RULE 9.110, FLORIDA RULES OF APPELLATE PROCEDURE. SUCH NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS RENDERED.

CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to CARLOS PINEDA, 3444 Southwest 112th Avenue, Miami, Florida 33165; and to MICHAEL BRAVERMAN, Esquire, 2650 West State Road 84, Suite 101A, Fort Lauderdale, Florida

33312, by U.S. Mail on or before 5:00 P.M., this February, 2005.

day of


cc: DOC - Fort Lauderdale Service Center DOC - Director of Workforce Compliance,

Office of General Counsel


Docket for Case No: 03-002574PL
Issue Date Proceedings
Apr. 02, 2013 (Agency) Final Order filed.
Jan. 22, 2004 Recommended Order (hearing held October 10, 2003). CASE CLOSED.
Jan. 22, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 20, 2004 Respondent`s Proposed Administrative Law Judge`s Recommended Order Containing Findings of Fact, Citation of Authority, Analysis and Conclusions of Law (with exhibits) filed.
Jan. 12, 2004 Respondent`s Proposed Administrative Law Judge`s Recommended Order Containing Findings of Fact, Citation of Authority, Analysis and Conclusions of Law (filed via facsimile).
Jan. 09, 2004 Petitioner`s Proposed Recommended Order (filed via facsimile).
Dec. 17, 2003 Order Extending Time to File Proposed Recommended Orders. (the parties shall file their proposed recommended orders by January 12, 2004).
Dec. 17, 2003 Respondent`s Motion for Enlargement of Time within which to file Proposed Recommended Order filed.
Dec. 01, 2003 Transcript filed.
Oct. 10, 2003 CASE STATUS: Hearing Held.
Oct. 01, 2003 Amended Notice of Video Teleconference (hearing scheduled for October 10, 2003; 9:30 a.m.; Fort Lauderdale and Tallahassee, FL, amended as to video and location).
Sep. 25, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 10, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Sep. 23, 2003 Request for Continuance (filed by Petitioner via facsimile).
Sep. 03, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 30, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Sep. 02, 2003 Respondent`s Unopposed Second Motion for Continuance of Hearing filed.
Aug. 19, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 24, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Aug. 18, 2003 Respondent`s Motion for Continuance of Hearing filed.
Jul. 28, 2003 Response to Initial Order (filed by Petitioner via facsimile).
Jul. 28, 2003 Order of Pre-hearing Instructions.
Jul. 28, 2003 Notice of Hearing (hearing set for September 16, 2003; 9:30 a.m.; Fort Lauderdale, FL).
Jul. 17, 2003 Initial Order.
Jul. 16, 2003 Administrative Complaint filed.
Jul. 16, 2003 Election of Rights filed.
Jul. 16, 2003 Request for Assignment of Administrative Law Judge filed.

Orders for Case No: 03-002574PL
Issue Date Document Summary
Feb. 22, 2005 Agency Final Order
Jan. 22, 2004 Recommended Order Correctional officer`s statement admitting that the pills found in his vehicle were steroids for his use was admissible on the ground that it was voluntarily given.
Source:  Florida - Division of Administrative Hearings

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