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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs BRANDON SMITH, 09-003742PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003742PL Visitors: 12
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: BRANDON SMITH
Judges: STUART M. LERNER
Agency: Department of Law Enforcement
Locations: Miami, Florida
Filed: Jul. 15, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 17, 2009.

Latest Update: Oct. 02, 2024
STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING __—".,. COMMISSION “oP gy oe A tp 3 CRIMINAL JUSTICE STANDARDS O4 Rowley U Vy AND TRAINING COMMISSION, ° Petitioner, vs. CASE NO. 26935 Brandon Smith, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Brandon Smith. 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 March 1, 2007, and was issued Correctional Certificate Number 264296. 2. On or about May 30, 2008, the Respondent, Brandon Smith, did unlawfully take money or other property from the person or custody of A. Frith, with intent to either permanently or temporarily deprive the person or the owner of the money or property, and in the course of the taking used force, violence, assault, or putting in fear, and in the course of committing the robbery carried and actually possessed a firearm, contrary to Sections 775.087 and 812.13(2)(a), Florida Statutes. 3. The actions of the Respondent did violate the provisions of Section 812.13(2)(a) or any lesser included offenses, Section 943.1395(7), Florida Statutes, and Rule 11B-27.001 1(4)(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 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(7), Florida Statutes and Rule 11B-27.004(4), Florida Administrative Code. Any proceedings concerning this Complaint shal! be conducted 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, Brandon Smith is guilty of violating Sections 943.1395(7) and 943.13(7), Florida Statutes and Rule 11B-27.0011(4)(a), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Brandon Smith 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 2 gih DAY OF ~~ Criminal ID £GEWS. 3s Director _ haStice Professionalism Program 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 ait day of F. eb f a) » 2009, to Brandon Smith, at 4123 NE 9th Street, Homestead, Florid: 33-5879, jimh ce: Department of Corrections, Region 4

Docket for Case No: 09-003742PL
Issue Date Proceedings
Sep. 17, 2009 Order Closing File. CASE CLOSED.
Sep. 11, 2009 Order Allowing Witness to Testimony by Telephone.
Sep. 11, 2009 Motion to Produce Witness by Telephone filed.
Sep. 11, 2009 Filing of Petitioner's Exhibits (exhibits not availble for viewing; complete copy).
Sep. 10, 2009 Filing of Petitioner's Exhibits (exhibits not available for viewing; incomplete copy) filed.
Sep. 08, 2009 Notice of Petitioner's Witness List and Exhibits (exhibits not attached) filed.
Jul. 23, 2009 Order Directing Filing of Exhibits
Jul. 23, 2009 Order of Pre-hearing Instructions.
Jul. 23, 2009 Notice of Hearing by Video Teleconference (hearing set for September 17, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
Jul. 21, 2009 Unilateral Response to Initial Order filed.
Jul. 15, 2009 Initial Order.
Jul. 15, 2009 Election of Rights filed.
Jul. 15, 2009 Administrative Complaint filed.
Jul. 15, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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