Received Event (Event Succeeded) pane RDS Date: 11/24/2004 Time: 10:21 AM Pages: 7 Duration: 2 min 10 sec Sender: 850 410 7269 Company: Fay Numhar: Snhiart- NOV-24-2804 18:59 FLA DEPT OF LAW ENFORCE 858 419 7269 P.@3 STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 20542 Francis Black, Jr., Respondent. / EEE ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Francis Black, Jr. 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 September 22, 2003, and was issued Law Enforcement Certificate Number 234698. 2. {a) On or about February 19, 2004, the Respondent, Francis Black, Jr., did then make a false statement: during the emp*eyment application process concerning material matters to officials of the Lee County Port Authority Police Department, regarding prior arrest record, with the intent to mislead the Lee County Port Authority Police Department. (b)} On or about August 8, 2003, the Respondent, Francis Black, Jr., did then make false’ statements during the employment application process concerning material matters to officials of the Received Event (Event Succeeded) Date: 11/24/2004 Time: 40:21 AM Pages: 7 Duration: 2 min 10 sec Sender: 850 410 7269 Company: Suhiact Fav Numbhar Nov—24-2004 18:59 FLA DEPT OF LAW ENFORCE 858 41@ 7269 P.84 Charlotte County Sheriff's Office, regarding any resignation or dismissal from prior employers relative to any disciplinary action and/or by mutual agreement following allegations of misconduct or unsatisfactory work performance and/or his involvement in any court action as a plaintiff or a defendant and/or his detainment by any law enforcement officer and/or whether he was ever the subject of a criminal investigation, with the intent to mislead the Charlotte County Sheriff's Office, (¢)° On or about August 1, 2003,the Respondent, Francis Black, Jr., did unlawfully and knowingly make a false statement in writing with the intent to mislead officials of the Charlotte County Sheriff's Office, a public servant, in the performance of their official duty. : (a) On or about September 16, 2003, the Respondent, Francis Black, Jr., did unlawfully and knowingly make a false statement in writing with the intent to mislead officials of the Charlotte County Sheriff's Office, a public servant, in the performance of their official duty. 3. The actions of the Respondent did violate the provisions of Section 837.06 or any lesser included offenses, Section 943.1395 (6) and/or (7), Plorida Statutes, and/or Rule 11B- 27.0011(4) (b) and/or (¢), 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 Officer in the State of Florida have good moral character. 4. This Administrative Complaint is issued pursuant to Sections 120.60, and 943.1395(6) and/or (7), Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant to Received Event (Event Succeeded) Date: 11/24/2004 Time: 10:21 AM Pages: 7 Duration: 2 min 10 sec Sender: 850 410 7269 Company: Number: Subiact- raw "TNOV-24-2004 10:59 FLA DEPT OF LAW ENFORCE 858 41a 7269 P.@5 Sections 120.569 and 120.57, Florida Statutes, and Rules 118-27, 28-106, and 26-107, Florida Administrative Code. Mediation is not available under Section 120.573, Florida Statutes. WHEREFORE, it is alleged that the Respondent, Francis Black, Jr. is guilty of violating Sections 943.1395(6) and/or (7), and/or 943.13(7), Florida Statutes, and/or Rule 11B-27.0011(4)(b) and/or (c), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Francis Black, Jr. and alleges that an appropriate penalty, as provided in Section 943.1395(6) and/or (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 l gh DAY OF JUNE, 2008. ROD CASWELL, Prégram Director Criminal Justice Professionalism Program CRRTIFICATE OF SERVICE Neie Namba Se hem service lah) wm 3811, August 2007 Received Event (Event Succeeded) Date: 11/24/2004 Time: 10:21 AM Pages: 7 Duration: 2 min 10 sec Sender: 850 410 7269 Company: Fay Numhar: Suhiaort- NOU-24-2084 10:59 FLA DEPT OF LAW ENFORCE 858 418 7269 P.@6 ~ - STATE OF FLORIDA \ Nal ~ CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION \ Francis Black, Jr. DISCIPLINARY CASE # ELECTION OF RIGHTS - Administrative Complaini/Statement of ‘Denial I have read the Explanation of Rights on the reverse side and understand my options. ves —____No (Ifyou di) not understand these options, please consult with your attorusy or contact the Criminal Justice Professionalism Program, © OBicer Discipline Section, telephone nymber (850) 410-8600 before executing this form.) : : SIGNIFY YOUR ELECTION BY CHECKING THE APPROPRIATE BOX » () TDO NOT dispute the allegations of fact in the Administrative Complaint/Statement of Denial but do wish to be accorded an informa) hearing or proceeding pursuant to Section 120.57(2), Florida Statutes, at which time I wil] be permitred to submit 0.4) and/or written evidence in itigation of the Administretive Complainv/Starement of Denial to the Commission. Koo O dispute the allegations of fact contained in the Administrative Complainy/Statement of Denial and request this to be considered a petition for » formal hearing pursuant to Section 120.57(1), Florida Statutes, before an administrative law judge appointed by the Division of Administrative Hearings. Those material facts which | dispute are: (NOTE: Attach additional page, if necessary) (a) (>). 3. () IDO NOT ADMIT the allegations of fact in th to the Criminal Justice Standards and Training f opporturuty of reinstatement, [ understand thatftha certified officer and/or instructor. 4. () IDO ADMIT the allegations of fect in the Ad the Criminal Justice Standards and Training Cqmanisy wu request ¢ hearing. I further acknowledge that my eiving Ip My certification is volunt opportunity of reinstatement. ] understand thag the Co: certified officer and/or instructor. Regardless of which option J have selected, I understandbt the Commission for final action at a regularly scheduled meeting. Y understand that Lam requires! to notify the Corn: a residence or mailing address, STATE OF FLORIDA COUNTY OF ysclttie The forgoing instrument wes nevnowiedeed ine me thig_ £9 we) sedis by : date) fant of person acknowledging) wha is personally known to me or who has produced —PeSons (type of identification) as identification and who gid/did not take an oath. at of rote akin (Name of atom taking ceil » typed, printed or stamped) (Title or rank) mos Commission #DD33: . Eves Jun 24, 2008 : ; By, PR Bonded T3 (Serial number, if any) hu" Atlantic Bonding Co., Inc. - Revised 06/12/01 SPS ChiviNnal JUSTICE STANDARDS AND IRAINING ‘© RELINQUISH MY CERTIFICATION with an eftormey and hereby waive my right to & this relinquishment is permanent, with no ishment and that I will no longer be # RELINQUISH MY CERTIFICATION to lan attorney and hereby waive my rightto ~ lace when this matter will bt considered by (Phone Number) Thomas 4. Kien ak Xe be ER” @lozida Bar Ngmber) : Gallabesiee ete Ft te — {Attomey’s adda BI) Un JZU, Orth ¥' hone Number) 4 PLEASE MAIL TO: Florida Departmen: of Law Enforcement Criminal Justice Professionalism Program Bureau of Standards Post Office Box 1489 Tallahassee, Florida 32302-1489 (Refer to reverse side for Explanation of Rights) 6 Received Event (Event Succeeded) Date: Pages: Sender: Fay Numher: 11/24/2004 7 850 410 7269 NOV-24-20184 11:02 1 Time: 10:21 AM Duration: 2 min 10 sec Company: Subiect: FLA DEPT OF LAW ENFORCE 85 418 7269 STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, vs, Petitioner, CASE NO. 20542 FRANCIS BLACK, JR. Respondent. / ATTACHMENT A Pursuant to Section 120.57 (1), Florida Statutes, the following facts are in dispute: 4. Before submitting any application to the Charlotte County Sheriff's Office (CCSO), Respondent verbally disclosed all of the facts regarding a prior legal incident, which took place while he was employed as a police officer in Texas. Respondent specifically requested advice from CCSO officials as to how the prior incident should be reflected on his application. Respondent disclosed this incident a second time during his initial polygraph test and a third time during his oral interview. Likewise, Respondent verbally disclosed all of the facts regarding this prior Texas incident during the application process with the Lee County Port Authority Police Department. Respondent has never attempted to conceal this prior incident and continues to be certified as a police officer in good standing with the State of Texas. TOTAL P.a?

Docket for Case No: 04-004275PL