Apr 18 2006 11:03 @4/18/2886 11:46 858-416-7699 FDLE/ GENERAL COUNSEL PAGE STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING . COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, ve. CASE NO. 22423 John A. Diaz, Respondent. / ADMINISTRATIVE COMPLAINT , The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, John A. Diaz. 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 May 10, 2001, and was issued Correctional, Certificate Mumber 196815. 2. On or about June 26, 2005, the Respondent, John A. Diaz, did then while acting as a Corrections officer, use excessive and/or unnecessary force on Babby Root, victim, to wit: striking and/or kicking, the use of which was inappropriate for the circumstances presented. 3. The actions of the Respondent did violate the provisions of Section 943.1395(6) and/or (7), Florida Statutes, and/or Rule LIB- 27.0011(4) (¢) Florida Administrative Code, in that Respondent has failed to maintain the qualifications established in Section 943.13(7), Florida Ad Apr 18 2006 11:03 @4/18/2886 11:46 858-416-7699 FDLE/ GENERAL COUNSEL PAGE 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(6) and/or (7), Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rules 115-27, 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. Diaz is guilty of wiolating Sections 943.1395(6) and/or (7), and/or 943.137), Florida Statutes, and/or Rule 11B-27-0011(4) (¢), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against John A. Diaz and alleges. that an appropriate penalty, as provided in Section 943.1395 (8) and/or (7Y, Plorida 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 yt DAY OF NOVEMBER, 2005. ra MICHAEL Criminal ram Director stice Professionalism Program a5 @4/18/2886 11:46 858-416-7699 Apr 18 2006 11:04 FDLE/ GENERAL COUNSEL PAGE CERTIFICATE OF SERVICE > I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section 120.569, Florida Statutes, this 1& day of November, 2005, to John A. Diaz, at 3552 Valley View Dr., Kissimmee, Fl. 34746. MICHAEL TY. /wo ee: Osceola County Corrections AB

Docket for Case No: 06-001347PL