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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs JOHNNY GARCIA, 08-004722PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004722PL Visitors: 19
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: JOHNNY GARCIA
Judges: LISA SHEARER NELSON
Agency: Department of Law Enforcement
Locations: Daytona Beach, Florida
Filed: Sep. 22, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 10, 2009.

Latest Update: Nov. 12, 2024
STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS ive Y 123 p L AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 25612 Johnny Garcia, Respondent. ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Johnny Garcia. 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 14, 2004, and was issued Law Enforcement Certificate Number 243401. 2. On or about September 2, 2007, the Respondent, Johnny Garcia, did then while employed as a Law Enforcement Officer with the Port Orange Police Department engage in sexual contact with another while on duty. , 3. The actions of the Respondent did violate the provisions of Section 943.1395(7), Florida Statutes, and Rule 11B-27.0011(4)(c), 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(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 Cade. Mediation is not available under Section 120.573, Florida Statutes. WHEREFORE, it is alleged that the Respondent, Johnny Garcia is guilty of violating Sections 943.1395(7) and 943.13(N, Florida Statutes, and Rule 11B-27.0011(4)(c), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Johnny Garcia 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 1ith DAY OF DECEMBER, 2007. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section 120.569 and Section 120.60, Florida Statutes, this 14th day of December, 2007, to J ohnny Garcia, at 102 E. Baywood Square, Daytona Beach, Florida 32119. ym Director /sb ce: Port Orange Police Department

Docket for Case No: 08-004722PL
Issue Date Proceedings
Jun. 15, 2009 (Respondent's) Motion to Dismiss filed.
Jun. 10, 2009 Order Closing File. CASE CLOSED.
Jun. 08, 2009 Motion to Relinquish Jurisdiction filed.
Jun. 03, 2009 Order Continuing the Hearing and Requiring a Status Report (parties to advise of status by June 9, 2009).
May 19, 2009 CASE STATUS: Hearing Partially Held; continued to June 9, 2009; 5:00 p.m.; Tallahassee, FL.
Feb. 24, 2009 Notice of Substitution of Counsel (of S. Traxler) filed.
Feb. 18, 2009 Order Re-scheduling Hearing by Video Teleconference (hearing set for May 19, 2009; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Feb. 17, 2009 Petitioner`s Response to Initial Order filed.
Feb. 16, 2009 Letter to Judge Nelson from B. Chester regarding order dated February 6, 2009 filed.
Feb. 06, 2009 Order Granting Continuance (parties to advise status by February 16, 2009).
Feb. 05, 2009 Letter to Judge Nelson from B. Chester regarding request to postpone hearing filed.
Dec. 16, 2008 Notice of Hearing by Video Teleconference (hearing set for February 13, 2009; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Dec. 08, 2008 Unilateral Response to Order Granting Continuance filed.
Dec. 05, 2008 Order Granting Continuance (parties to advise status by December 15, 2008).
Dec. 05, 2008 Letter to Judge Nelson from J. Garcia regarding request to reschedule hearing filed.
Nov. 17, 2008 Notice of Service of Petitioner`s Witness List And Exhibits filed.
Oct. 13, 2008 Order of Pre-hearing Instructions.
Oct. 13, 2008 Notice of Hearing by Video Teleconference (hearing set for December 10, 2008; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Sep. 29, 2008 Unilateral Response to Initial Order filed.
Sep. 22, 2008 Initial Order.
Sep. 22, 2008 Election of Rights filed.
Sep. 22, 2008 Administrative Complaint filed.
Sep. 22, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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