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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs LAZARO R. MORERA, 07-003656PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003656PL Visitors: 23
Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: LAZARO R. MORERA
Judges: LINDA M. RIGOT
Agency: Department of Law Enforcement
Locations: Miami, Florida
Filed: Aug. 16, 2007
Status: Closed
Recommended Order on Wednesday, September 17, 2008.

Latest Update: Feb. 27, 2009
Summary: The issue presented is whether Respondent is guilty of the allegations in the two Administrative Complaints filed against him, and, if so, what disciplinary action should be taken against him, if any.Revocation of certification of law enforcement officer who knowingly provided insurance claim forms for treatments not received and who lied under oath during an internal affairs investigation, an official proceeding.
STATE OF FLORIDA & / i CRIMINAL JUSTICE STANDARDS AND TRAINING & E COMMISSION 200) , ug 1s 1 Oli ff . Cc Aoi] CRIMINAL JUSTICE STANDARDS 0 TOUS? Het S rf OF AND TRAINING COMMISSION, ; ARinge Nye Petitioner, vs. , CASE NO. 21178 Lazaro R. Morera, © Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Lazaro R, Morera. The Commission seeks to impose disciplinary action upon the referenced individual based on the following allegations: | JL Respondent was certified by the Criminal Justice Standards and Training Commission on September 24, 1996, and was issued Law Enforcement Certificate Number 166884. 2. (a) On or between March 31 and July 31, 2000, the Respondent, Lazaro R. Morera, did unlawfully, with the intent to injure, defraud, or deceive an insurance company, to-wit: State Farm Insurance Company, present or cause to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, or prepared or made any written or oral statement that was intended to be presented to said insurance company in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such statement contained any false, incomplete, or misleading information concerning any fact or thing material to such claim. © . (b) On or between March 31 and July 31, 2000, the Respondent, Lazaro R. Morera, did knowingly obtain or use, or endeavor to obtain or use money or property valued at Three Hundred Dollars ($300) or more, the property of another, to-wit:, State Farm Insurance Company, as owner or custodian thereof, with the intent to temporarily or permanently deprive the owner or custodian of a right to the property, or a benefit wereftom, or to appropriate the property to his own use, or to the use of any person not.entitled thereto. 3. The actions of the Respondent did violate the provisions of Section 817,234, 812.014 or any lesser included offenses, Section 943.1395(7), Florida Statutes and 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 requite 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(7), Florida Statutes and Rule 11B-27.004(4), Florida Administrative Code. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapters 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, Lazaro R. Morera is guilty of violating Sections 943,1395(7) and 943.13(7), Florida Statutes and Rule’ 11B-27.0011(4)(a), (a), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Lazaro R. Morera 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 THIS 9th DAY OF MAY, 2007. iOfalism Program CERTIFICATE OF SERVICE THEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section , 120.569 and Section 120.60, Florida Statutes, this 11th day of May, 2007, to Lazaro R. Morera, at 2841 NE 163rd Street, North Miami Beach, Florida 33160, {sb “CC! Miami Beach Police Department

Docket for Case No: 07-003656PL
Issue Date Proceedings
Feb. 27, 2009 Final Order filed.
Sep. 17, 2008 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 17, 2008 Recommended Order (hearing held April 10 and 11, 2008). CASE CLOSED.
Sep. 05, 2008 Petitioner`s Proposed Recommended Order filed.
Sep. 04, 2008 Respondent`s Proposed Recommended Order filed.
Sep. 04, 2008 Notice of Filing and Serving Respondent`s Proposed Recommended Order filed.
Aug. 18, 2008 Order Granting Extension of Time (proposed recommended orders to be filed by September 4, 2008).
Aug. 18, 2008 Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
Jul. 21, 2008 Letter to parties of record from Judge Rigot regarding exhibits not matching up with Judge`s notes.
Jul. 21, 2008 Hearing Exhibits (exhibits not available for viewing) filed.
Jul. 14, 2008 Order Granting Extension of Time (proposed recommended orders to be filed by August 25, 2008).
Jul. 11, 2008 Agreed Motion for Extension of Time to File Proposed Orders filed.
Jun. 11, 2008 Transcript (Volumes I-IV) filed.
Apr. 10, 2008 CASE STATUS: Hearing Held.
Apr. 07, 2008 Petitioner`s Pre-hearing Statement filed.
Apr. 04, 2008 Respondent`s Pre-hearing Statement filed.
Mar. 03, 2008 Notice of Taking Deposition filed.
Mar. 03, 2008 Notice of Taking Deposition filed.
Jan. 25, 2008 Notice of Hearing by Video Teleconference (hearing set for April 10 and 11, 2008; 9:30 a.m.; Miami and Tallahassee, FL).
Jan. 24, 2008 Notice of Status and Available Dates filed.
Jan. 24, 2008 Respondent`s Estimate as to Number of Days Required for Final Hearing and Available Dates filed.
Jan. 23, 2008 Notice of Substitution of Counsel (J. White).
Jan. 14, 2008 Subpoena ad Testificandum filed.
Jan. 14, 2008 Notice of Appearance (filed by S. Traxler).
Jan. 09, 2008 Order Granting Continuance (parties to advise status by January 23, 2008).
Jan. 09, 2008 Unopposed Motion for Continuance filed.
Jan. 08, 2008 Notice of Transfer.
Dec. 11, 2007 Notice of Appearance (filed by D. Nevel).
Nov. 14, 2007 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 18, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 09, 2007 Letter to Judge Sartin from L. Morera requesting continuantion on hearing date filed.
Sep. 20, 2007 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 28, 2007; 9:00 a.m.; Miami and Tallahassee, FL).
Sep. 12, 2007 Letter to Judge Sartin from L. Morerea requesting an extension of time for hearing filed.
Sep. 11, 2007 Order Granting Motion to Withdraw as Attorney of Record.
Sep. 07, 2007 Motion to Withdraw as Attorney of Record filed.
Sep. 05, 2007 Order of Pre-hearing Instructions.
Sep. 05, 2007 Notice of Hearing by Video Teleconference (hearing set for October 22, 2007; 9:00 a.m.; Miami and Tallahassee, FL).
Sep. 04, 2007 Order of Consolidation (DOAH Case Nos. 07-3656PL and 07-3657PL).
Aug. 24, 2007 Unilateral Response to Initial Order filed.
Aug. 16, 2007 Administrative Complaint filed.
Aug. 16, 2007 Election of Rights filed.
Aug. 16, 2007 Agency referral filed.
Aug. 16, 2007 Initial Order.

Orders for Case No: 07-003656PL
Issue Date Document Summary
Feb. 26, 2009 Agency Final Order
Sep. 17, 2008 Recommended Order Revocation of certification of law enforcement officer who knowingly provided insurance claim forms for treatments not received and who lied under oath during an internal affairs investigation, an official proceeding.
Source:  Florida - Division of Administrative Hearings

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