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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs MORRIS L. MCDANIEL, 09-004873PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-004873PL Visitors: 13
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: MORRIS L. MCDANIEL
Judges: STUART M. LERNER
Agency: Department of Law Enforcement
Locations: West Palm Beach, Florida
Filed: Sep. 09, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 26, 2010.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION Fy le 9 = 0 Sep _ oA CRIMINAL JUSTICE STANDARDS 1B 3y AND TRAINING COMMISSION, ( 4 . U 7 > ? L- a offal ION og HEApARA Petitioner, EA iat i vE vs. CASE NO. 26806 Morris L. McDaniel, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Morris L. McDaniel. 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 5, 1989, and was issued Correctional Certificate Number 122586 and on August 13, 1993, was issued Correctional Probation Certificate Number 141224 and on January 23, 2000, was issued Instructor Certificate Number 219316 and on December 15, 2000, was issued Law Enforcement Certificate Number 194694. 2. On or about May 4, 2008, the Respondent, Morris L. McDaniel, did unlawfully commit a battery upon Gena Rowlands, by actually touching or striking her or intentionally causing bodily harm to her against her will. 3. The actions of the Respondent did violate the provisions of Section 784.03 or any lesser ‘included offenses, Section 943.1395(7), Florida Statutes and Rule 11B-27.0011(4)(b), 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, Correctional Probation, Instructor, and Law Enforcement officer in the State of Florida have good moral character. 4. This Admini .tive Complaint is issued pursuant to Si ons 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, Morris L. McDaniel is guilty of violating Sections 943.1395(7) and 943.13(7), Florida Statutes and Rule 11B-27.0011(4)(b), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Morris L. McDaniel 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 23rd DAY OF JUNE, 2009. 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 26th day of June, 2009, to Morris L. McDaniel, at 150 Catania Way, Royal Palm Beach, Florida 33411. yram Director /sb ce: Palm Beach County Sheriff’s Office

Docket for Case No: 09-004873PL
Issue Date Proceedings
Feb. 19, 2010 Transmittal letter from Claudia Llado forwarding one-volume Transcript to the agency.
Feb. 18, 2010 Transcript filed.
Jan. 26, 2010 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jan. 25, 2010 Amended Motion to Relinquish Jurisdiction filed.
Jan. 22, 2010 CASE STATUS: Motion Hearing Held.
Jan. 20, 2010 Motion to Relinquish Jurisdiction and Request for Telephonic Hearing filed.
Jan. 04, 2010 Notice of Hearing by Video Teleconference (hearing set for January 27, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jan. 04, 2010 Case Status Report filed.
Dec. 11, 2009 Order Placing Case in Abeyance (parties to advise status by December 31, 2009).
Dec. 11, 2009 CASE STATUS: Hearing Partially Held; continued to date not certain.
Dec. 10, 2009 Respondent's Pre-hearing Statement filed.
Dec. 09, 2009 Notice of Transfer.
Dec. 07, 2009 Order Granting Motion to Amend Administrative Complaint
Dec. 04, 2009 Proposed Pre-hearing Statement filed.
Dec. 04, 2009 Notice of Filing Exhibits (exhibits not available for viewing) filed.
Nov. 23, 2009 Motion for Leave to Amend Administrative Complaint filed.
Nov. 13, 2009 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 11, 2009; 8:30 a.m.; West Palm Beach and Tallahassee, FL).
Nov. 06, 2009 Petitioner?s Response to Respondent?s Motion for Reconsideration filed.
Nov. 06, 2009 Order Denying Respondent`s Motion for Reconsideration of Denial of Respondent`s Motion to Dismiss Administrative Complaint.
Nov. 05, 2009 Petitioner?s Response to Respondent?s Motion for Continuance filed.
Nov. 04, 2009 Petitioner?s Response to Respondent?s Motion to Dismiss filed.
Nov. 04, 2009 Respondent's Motion for Continuance filed.
Nov. 02, 2009 Respondent's Motion for Reconsideration of Denial of Respondent's Motion to Dismiss Administrative Complaint filed.
Oct. 30, 2009 Respondent's Motion for Continuance filed.
Oct. 19, 2009 Order Denying Motion to Dismiss.
Oct. 15, 2009 Respondent's First Requests for Production to Petitioner filed.
Oct. 15, 2009 Respondent's Motion to Dismiss Administrative Complaint filed.
Oct. 15, 2009 Notice of Service of Respondent's First Requests for Production to Petitioner filed.
Oct. 14, 2009 Notice of Service of Petitioner?s Response to Respondent?s Request for Production of Documents filed.
Oct. 12, 2009 Petitioner?s Response to Respondent?s Motion to Dismiss filed.
Sep. 29, 2009 Order Directing Filing of Exhibits
Sep. 29, 2009 Order of Pre-hearing Instructions.
Sep. 29, 2009 Notice of Hearing by Video Teleconference (hearing set for November 16, 2009; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Sep. 17, 2009 Unilateral Response to Initial Order filed.
Sep. 09, 2009 Initial Order.
Sep. 09, 2009 Response to Administrative Complaint filed.
Sep. 09, 2009 Election of Rights filed.
Sep. 09, 2009 Administrative Complaint filed.
Sep. 09, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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