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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs OMAR LOPEZ, 11-001236PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001236PL Visitors: 7
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: OMAR LOPEZ
Judges: LISA SHEARER NELSON
Agency: Department of Law Enforcement
Locations: Daytona Beach, Florida
Filed: Mar. 10, 2011
Status: Closed
Recommended Order on Tuesday, August 9, 2011.

Latest Update: Nov. 30, 2011
Summary: Whether Respondent failed to maintain good moral character in violation of section 943.1395(7), Florida Statutes (2009), and Florida Administrative Code Rule 11B-27.004(4), and if so, what penalty should be imposed?Petitioner demonstrated that Respondent misused his official position by accessing a secure database for personal use, but did not prove the he impersonated a law enforcement officer.
11001236AC-031111-10235623

03/10/2011 15:35 8504107599 FDLE PAGE 04/09


STATE OF FLORIDA

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION



CRlMfNAL JUSTlCE STANDARDS AND TRAINING COMMISSION,

J 1- /231.;PL


Petitioner,


vs. CASE NO. 29397


Omar Lopez,


Respondent.

                                                           /


ADMINTSTRA TIVE COMPLA,TNT


The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Omar Lopez. The Commission seeks to impose disciplinary action upon the referenced individual based on the following allegations:

I. Respondent was certified by the Criminal Justice Standards and Training Commission on March 22, 2004, and was issued Law Enforcement Certificate Number 238949.

  1. (a) On or about August 28, 2009, the Respondent, Omar Lopez, did unlawfully enter or remain in a certain dwelling or structure, to wit: a residence, located at or in the vicinity of 830 S. Sparkman Avenue, New Smyrna Beach, Florida, the property of Patrick Shaw and Kristina Kent, as owner or custodian there of, with 1'bc intent to commit an ·offense therein, to wit: theft of two domestic animals (dogs).

    (b) On or about August 28, 2009, the Respondent, Omar Lopez, did knowingly and unlawfully obtain or use, or did endeavor to obtain or use, money or property valued at one hundred dollars ($100 00) or more, the property of Kristina Kent, with the unlawful intent to either temporarily or permanently deprive Kristina Kent of a t,ight to the property or a benefit therefrom or to appropriate the money or property to her own use or to the use of any person not entitled thereto.

  2. The actions of the Respondent did violate the provrsrons of Section 810.02, 8 l 0.0 l 4(2)(c) or any lesser included offenses, Section 943.1395(7), Florida Statutes and Rule l lB-

    27.00 l I (4)(b); (h), Florida Administrative Code, in that Respondent has failed to maintain the

    03/10/2011 15:35 85041076'3'3 FDLE PAGE 05/0'3

    qunljfications established in r tion 943.13(7), Florida Statt1tes, which r· 1ire that a Law Enforcement officer in the State of Florida have good moml character.

  3. This Administrative Complaint is issued pursuant to Sections I 20.60 and 943.1395(7),


Florida Statutes and Ru le I lB-27.004(4), Florida. Administrative Code. Any proceedings conccrning this Complaint shall be condL1cted pursuant to Sections J 20.569 and 120.57, Florida Statutes. and Chapters 1 lB-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, Omar Lopez is guilty of violating Sections

943.1395(7) and 943.13(7), Florida Statutes and Rule I JB-27.001 l(4)(b); (b), Florida Administrative Code.

NOW, THEREFORE. the Florida Criminal Justice Stnndar:ds and Training Commission hereby complains against Omar Lopez and alleges that an appropriate penalty, as provided in Section 943.1395(7), Florida Statutes, should be imposed for 1'he reasons set forth abo\le and in accordance: with the Election of Rights form (to which is attached an Explanation of Rights fonn) attached hereto and incorporated herein.

BY ORDER OF THE CRIMINAL JUSTICE STANDARDS AND TRAIN'fNG COMMISSION

MI 'HAE

Criminal .i.1 :.nr.vl-'ir.nr

ector

)?rogram

THIS 11th DAY OF AUGUST, 20 I 0.



CERT,T,FJCATE OF SERVJCE


r HEREBY CERTIFY t

l 20.569 and Si;:ction J 20.60, FIi


Luna Bella Lane, New Smyrna I

j

I


  • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Dellvery Is'desired,

    on

  • Print your namo and add1'8SS the reverse

so that we can return the card to you.

_. Attach this card to the back of the ma:1111,,.,,F"'ai

or on the front If space peTTTilts.


0 Ag,,nt

0 Addma,

         I

, . Arttcla Addressod to:

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CC;

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Volusia County Sheriff'\

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I

: Om_ar Lopez

' 3364 Luna Bella L ne

' New Smyrna Beach, Florida 32168

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: Crlmlnol


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1n,uroc:1 Mall C.O.O.                                   

   □[JReglat9111d Rat m lpt for Marcnalldl••

4. Restricted D11llllllry'? (&Tm Fee) Yee

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Docket for Case No: 11-001236PL
Issue Date Proceedings
Nov. 30, 2011 (Agency) Final Order filed.
Aug. 09, 2011 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 09, 2011 Recommended Order (hearing held May 23, 2011). CASE CLOSED.
Jul. 21, 2011 Petitioner's Proposed Recommended Order (filed in Case No. 11-001237PL).
Jul. 21, 2011 Petitioner's Proposed Recommended Order filed.
Jul. 18, 2011 Petitioner's Proposed Recommended Order (filed in Case No. 11-001237PL).
Jul. 18, 2011 Petitioner's Proposed Recommended Order filed.
Jun. 30, 2011 Order Requiring Status Report.
Jun. 21, 2011 Notice of Voluntary Dismissal of CJSTC Case No.: 29397 filed.
May 27, 2011 Transcript of Proceedings (not available for viewing) filed.
May 23, 2011 CASE STATUS: Hearing Partially Held; continued to date not certain.
May 19, 2011 Petitioner's Proposed Exhibits (exhibits not available for viewing)
May 04, 2011 Petitioner's Witness List (exhibits not attached) filed.
Mar. 30, 2011 Order of Pre-hearing Instructions.
Mar. 30, 2011 Notice of Hearing by Video Teleconference (hearing set for May 23, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
Mar. 30, 2011 Order of Consolidation (DOAH Case Nos. 11-1236PL and 11-1237PL).
Mar. 21, 2011 Joint Response to Initial Order filed.
Mar. 11, 2011 Initial Order.
Mar. 10, 2011 Election of Rights filed.
Mar. 10, 2011 Administrative Complaint filed.
Mar. 10, 2011 Request for Assignment of Administrative Law Judge filed.

Orders for Case No: 11-001236PL
Issue Date Document Summary
Nov. 28, 2011 Agency Final Order
Aug. 09, 2011 Recommended Order Petitioner demonstrated that Respondent misused his official position by accessing a secure database for personal use, but did not prove the he impersonated a law enforcement officer.
Source:  Florida - Division of Administrative Hearings

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