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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs ROSHAUNDA SMELSER, 06-004147PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004147PL Visitors: 5
Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: ROSHAUNDA SMELSER
Judges: LARRY J. SARTIN
Agency: Department of Law Enforcement
Locations: West Palm Beach, Florida
Filed: Oct. 25, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 8, 2007.

Latest Update: Dec. 24, 2024
Oct 25 2006 16:12 18/25/2886 16:86 8584107691 FDLE Osc PAGE a4/o8 - STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING _ COMMISSION 1 CRIMINAL JUSTICE STANDARDS ' AND TRAINING COMMISSION, Petitioner, vs. i _ CASE NO. 22794 © . Roshaunda Smelser, Respondent. f ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, .Roshaunda Smelser. The Cotumission 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 April 16, 1992, and was issued Correctional Certificate Number 134255 and on, February 12, 2002, was issued Law Enforcement Certificate Number 200994, , 2. a. On or about November 10, 2003, the Respondent, Roshaunda Smelser, did knowingly ‘commit a battery . upon a law enforcement officer, to-wit! Palm Beach County Sheriff's Office Deputy John Barone, by actually and intentionally touching or striking said officer against said officer’s will, or by intentionally causing bodily harm to said officer, while said officer was engaged in the lawful performance of said officer’s duties. b. On or about November 10, 2003, the Respondent, Roshaunda Smelser, did unlawfully, knowingly and willfully, resist, obstruct, or oppose Palm Beach County Sheriff's Office Deputy John Barone, in the execution of legal process or in the lawful execution of a legal . Oct 25 2006 16:12 1a/25/2886 16:86 8584107691 FDLE ogc PAGE 85/88 duty, to-wit: effecting an arrest, by offering violence or by doing violence to the person of such officer by pushing and violently resisting the officer. 3. The actions of the Respondent did violate the provisions. of Section 784.07; 843.01 or any lesser included offenses, Section 943.1395(6) and/or (7), Florida Statutes, and/or Rule 11B-27.0011(4)a;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 Comectional and 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 edhducted 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, Roshaunda Smelser is guilty of violating Sections 943.1395(6) and/or (7), and/or 943.13(7), Florida Statutes, and/or Rule 11B- 27.001 1(4)ay a, Florida Administrative Code, NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Roshaunda Smelser 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 ia CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION THIS an DAY OF Fhucuch, 2006. Oct 25 2006 16:13 FDLE O08 la/25/2886 16:86 8584187691 PAGE 86/88 CE C ERVIC THEREBY CERTIFY that a true copy of the foregoing has been served pursuant to - Section 120.60(5), Florida Statutes, this YP day of Pugut? , 2006, to Roshaunda Smelser, at 265 Sandpiper Avenue, Royal Palm Beach, Florida 33411. ‘sb ce:| Palm Beach County Sheriff's Office — ‘ ~ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature J A : Ssaagent x Rare : (Al Addrassan B. Rleoolved by (Printed Nama) corey Delivery Py 02. peasant | 32 "Dy la delivery adcrese aittferent from tam 17° C1 Yes IFYES, enter delivery address below: = EI No PROFESSIONAL COMPLIANCE SECTIC LT Ca Certified Mall 1 Express Mall 1 Registered C1 Retum Recelpt for Merchandise Cl Ineured Mail £1. 6.0.0. Bm Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery ia desirad. M4 Print your name and address on the reverse So that we can return the Gard to you. ® Attach this card to the back of the maiiplace, or on the front If space permits, ‘4. Atticta Addressed to: Roshaunda Smelser 265 Sandpiper Avenue Royal Palm Beach, Florida 33411 Se . 4, Restricted Reilivary? (Extra Faq) C1 yea 2. Article Number” 1 - > (tao O05 2820 DODD HOSE ES¥E (RPS FPO en iene _ PS Form 3811, February 2004 Damestlc Return Recaipt i 102805-02-Me1540

Docket for Case No: 06-004147PL
Issue Date Proceedings
Jan. 08, 2007 Order Closing File. CASE CLOSED.
Jan. 05, 2007 Joint Motion to Relinquish Jurisdiction with Leave to Re-open filed.
Dec. 26, 2006 Petitioner`s Witness List filed.
Nov. 14, 2006 Order of Pre-hearing Instructions.
Nov. 14, 2006 Notice of Hearing by Video Teleconference (hearing set for January 10, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Nov. 07, 2006 Unilateral Response to Initial Order filed.
Nov. 01, 2006 Letter to Judge Sartin and L. Eason from A. Entin advising no representation of Respondent filed.
Oct. 26, 2006 Initial Order.
Oct. 25, 2006 Notice of Appearance (filed by A. Entin).
Oct. 25, 2006 Election of Rights for Administrative Complaint filed.
Oct. 25, 2006 Administrative Complaint filed.
Oct. 25, 2006 Request for Assignment of Administrative Law Judge filed.
Source:  Florida - Division of Administrative Hearings

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