Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: AGUSTIN G. LATORRE
Judges: CATHY M. SELLERS
Agency: Department of Law Enforcement
Locations: Miami, Florida
Filed: Aug. 05, 2011
Status: Closed
Recommended Order on Monday, March 26, 2012.
Latest Update: May 25, 2012
Summary: Petitioner did not prove, by clear and convincing evidence, that Respondent constructively possessed a controlled substance in violation of section 893.13(6) and thus that Respondent failed to maintain good moral character in violation of section 943.1395
STATE OF FLORIDA
CRIMINAL JUSTICE STANDARDS AND TRAINING
COMMISSION - aT
E
3 APES
CRIMINAL JUSTICE STANDARDS 5 p A it ue
AND TRAINING COMMISSION, 0 QYR
Petitioner,
vs. CASE NO. 28674
Agustin G. Latorre,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Criminal Justice Standards and Training Commission, hereinafter referred to as the
Commission, files this Administrative Complaint against the Respondent, Agustin G. Latorre. 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
June 24, 1991, and was issued Law Enforcement Certificate Number 41528.
2. On or about February 6, 2009, the Respondent, Agustin G. Latorre, did unlawfully have,
in his actual or constructive possession, a controlled substance, to wit: Tetrahydrocannabinols.
3. The actions of the Respondent did violate the provisions of Section 893.13(2) or any
lesser included offenses, Section 943.1395(7), Florida Statutes and Rule 11B-27.0011(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 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 alleged that the Respondent, Agustin Latorre 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 Agustin G. Latorre 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 8th DAY OF DECEMBER, 2009.
ogram Director
fessionalism 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 11th day of December, 2009, to Agustin G. Latorre, at
22278 SW 99" Place, Miami, Florida 33190.
MIC,
BAEC Program Director
/sb
ce: Miami Beach Police Department
Stephen Zukoff
Biscayne Building
19 Flager Street, Suite 211
Miami, Florida 33130
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 __ 5th day of _January .
2010, to Agustine G. Latorre, , at 11511 SW 100 Street, Miami, FL 33176-4612 ; Stephen M.
Zukoff at 19 W. Flagler Street, #121 Miami, FL 33130-4406.
Docket for Case No: 11-003964PL
Issue Date |
Proceedings |
May 25, 2012 |
Agency Final Order filed.
|
Mar. 26, 2012 |
Transmittal letter from Claudia Llado forwarding Depositions, which were not admitted into evidence to the Respondent.
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Mar. 26, 2012 |
Recommended Order (hearing held December 27, 2011). CASE CLOSED.
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Mar. 26, 2012 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Mar. 26, 2012 |
Recommended Order (hearing held December 27, 2011). CASE CLOSED.
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Feb. 20, 2012 |
Petitioner's Proposed Recommended Order filed.
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Feb. 17, 2012 |
(Respondent's) Proposed Recommended Order filed.
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Feb. 06, 2012 |
Order Granting Extension of Time.
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Feb. 03, 2012 |
Motion for Extension of Time to File Proposed Recommended Order filed.
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Feb. 01, 2012 |
Amended Notice of Filing Transcript.
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Jan. 31, 2012 |
Notice of Transfer
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Jan. 31, 2012 |
Transcript of Proceedings, Volume 1 through 6 (not available for viewing) filed. |
Jan. 04, 2012 |
Notice of Filing Attestation by Notary or Officer Authorized to Administer Oaths filed.
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Dec. 27, 2011 |
CASE STATUS: Hearing Held. |
Dec. 27, 2011 |
Respondent's Verified Answer to Amended Complaint filed.
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Dec. 22, 2011 |
Correction to Subpoena to Reflect New Location filed.
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Dec. 15, 2011 |
Deposition of Daniel Morgalo filed.
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Dec. 15, 2011 |
Deposition of Jason Bruder filed.
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Dec. 15, 2011 |
Deposition of Michael George filed.
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Dec. 15, 2011 |
Deposition of Wayne Jones filed.
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Dec. 15, 2011 |
Deposition of Kristen Rickert filed.
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Dec. 15, 2011 |
Deposition of Gregory McVeigh filed.
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Dec. 15, 2011 |
Deposition of CST Andrea Palacio filed.
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Dec. 15, 2011 |
Deposition of Daniel Lurvey filed.
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Dec. 15, 2011 |
Deposition of James Hyde filed.
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Dec. 15, 2011 |
Continued Deposition of Lt. Wayne Jones filed.
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Dec. 15, 2011 |
Deposition of Osvaldo Ramos filed.
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Dec. 15, 2011 |
Deposition of Elbys Camacho filed.
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Dec. 15, 2011 |
Order Denying Respondent`s Motion for Reconsideration.
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Dec. 15, 2011 |
Petitioner's Response to Respondent's Motion for Reconsideration of Order Granting Petitioner's Motion for Leave to Amend Administrative Complaint filed.
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Dec. 15, 2011 |
Respondent's Proposed Exhibits (exhibits not available for viewing) |
Dec. 14, 2011 |
Respondent's Motion for Reconsideration of Order Granting Petitioner's Motion to Leave to Amend Administrative Complaint filed.
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Dec. 14, 2011 |
Notice of Filing filed.
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Dec. 13, 2011 |
Notice of Filing (of depositions) filed.
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Dec. 13, 2011 |
Amended Unilateral Pre-hearing Catalogue filed.
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Dec. 09, 2011 |
Amended Administrative Complaint filed.
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Dec. 09, 2011 |
Notice of Transfer.
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Dec. 07, 2011 |
Order Granting Leave to Amend.
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Dec. 06, 2011 |
Notice of Appearance (Roy Wasson) filed.
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Dec. 05, 2011 |
Motion for Time to Respond to Petitioner's Motion for Leave to Amend Administrative Complaint filed.
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Nov. 30, 2011 |
Motion for Leave to Amend Administrative Complaint filed.
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Nov. 30, 2011 |
Petitioner's Second Amended Witness List and (Proposed) Exhibits and Stipulations filed.
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Nov. 29, 2011 |
Order on Motion for Protective Order and Motion to Quash Subpoena.
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Nov. 15, 2011 |
Request for Ruling filed.
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Nov. 15, 2011 |
Corrected and Revised Copy Response in Opposition to FDLE's Motion for Protective Order and Motion to Quash Subpoena filed.
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Nov. 15, 2011 |
Response in Opposition to FDLE's Motion for Protective Order and Motion to Quash Subpoena filed.
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Nov. 14, 2011 |
Deposition of Wayne Jones filed.
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Nov. 14, 2011 |
Motion for Protective Order and Motion to Quash Subpoena (exhibits not available for viewing) filed.
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Nov. 07, 2011 |
Notice of Continued Depositions Duces Tecum (of W. Jones) filed.
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Nov. 07, 2011 |
Notice of Deposition Duces Tecum (of A. Palacio) filed.
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Oct. 19, 2011 |
Petitioner's Amended Witness List and (Proposed) Exhibits and Stipulations filed.
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Oct. 13, 2011 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for December 27 through 30, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
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Oct. 12, 2011 |
Status on Final Hearing filed.
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Oct. 12, 2011 |
Notice of Unavailability filed.
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Oct. 11, 2011 |
Respondent's Notice of Filing Available Dates as Per Court Order filed.
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Oct. 11, 2011 |
Notice of Furnishing Additional Exhibits that Were Not Included in the Respondent's Exhibit List (by Federal Express) filed.
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Oct. 10, 2011 |
Addendum to Respondent's Witnesses filed.
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Oct. 10, 2011 |
Notice of Furnishing Additional Exhibits that Were Inadvertently Left Off the Respondent's Exhibit List (by Federal Express) filed.
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Oct. 06, 2011 |
Order Denying Respondent`s Motion to Dismiss.
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Oct. 06, 2011 |
Petitioner's Response to Respondent's Motion to Dismiss filed.
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Oct. 06, 2011 |
Notice of Appearance (Grace Jaye) filed.
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Oct. 06, 2011 |
Notice of Furnishing Additional Exhibits That Were Inadvertently Left Off the Respondent's Exhibit List (by Federal Express) (exhibits not available for viewing) filed.
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Oct. 05, 2011 |
Notice of Furnishing Additional Exhibits That Were Inadvertently Left Off the Respondent's Exhibit List (by Federal Express) filed.
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Oct. 05, 2011 |
Respondent's Response to Emergency Motion to Continue filed.
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Oct. 05, 2011 |
Order Granting Continuance (parties to advise status by October 17, 2011).
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Oct. 05, 2011 |
Emergency Motion to Continue filed.
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Oct. 05, 2011 |
Notice of Furnishing Exhibits by Federal Express (exhibits not available for viewing) filed.
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Oct. 05, 2011 |
Motion to Dismiss Complaint with Prejudice filed.
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Oct. 04, 2011 |
Respondent's Notice of Furnishing Exhibits by Federal Express filed.
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Oct. 04, 2011 |
Respondent's Unilateral Pre-hearing Catalogue filed.
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Oct. 03, 2011 |
Amended Notice of Hearing by Webcast (hearing set for October 10 through 12 and October 17, 2011; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Dates of Hearing).
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Oct. 03, 2011 |
Order Modifying Hearing Dates.
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Sep. 28, 2011 |
Petitioner's Response to Respondent's Emergency Motion for Modification of Trial Dates filed.
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Sep. 28, 2011 |
Petitioner's Witness List and Exhibits (exhibits not available for viewing) |
Sep. 28, 2011 |
Emergency Motion for Modification of Trial Dates filed.
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Sep. 28, 2011 |
Stipulated Emergency Motion for Extension of Time to File Pre-hearing Stipulation filed.
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Sep. 01, 2011 |
Re-Notice of Taking Depositions Duces Tecum Per Agreement of Counsels as to the Dates and Times (Change of Date and Time) filed.
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Aug. 29, 2011 |
Notice of Taking Depositions Duces Tecum Per Agreement of Counsel as to the Dates and Times filed.
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Aug. 29, 2011 |
Order of Pre-hearing Instructions.
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Aug. 29, 2011 |
Notice of Hearing by Webcast (hearing set for October 10, 12 through 14 and October 17, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
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Aug. 26, 2011 |
Re-notice of Taking Depositions Duces Tecum of Asa Johnette Hardiman Change of Date Only filed.
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Aug. 23, 2011 |
Re-notice of Taking Depositions Duces Tecum (of K. Rickert) filed.
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Aug. 19, 2011 |
First Notice of Witnesses Respondent Intends to Call at Trial filed.
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Aug. 17, 2011 |
First Notice of Taking Depositions Duces Tecum per Agreement of Counsels as to the Dates and Times filed.
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Aug. 05, 2011 |
Joint Response to Initial Order filed.
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Aug. 05, 2011 |
Initial Order.
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Jul. 29, 2011 |
Motion to Re-open File and Assignment of Administrative Law Judge filed. (FORMERLY DOAH CASE NO. 10-2825PL)
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May 25, 2010 |
Election of Rights filed.
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May 25, 2010 |
Administrative Complaint filed.
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May 25, 2010 |
Agency referral filed.
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Orders for Case No: 11-003964PL
Issue Date |
Document |
Summary |
May 24, 2012 |
Agency Final Order
|
|
Mar. 26, 2012 |
Recommended Order
|
Petitioner did not prove, by clear and convincing evidence, that Respondent constructively possessed a controlled substance in violation of section 893.13(6) and thus that Respondent failed to maintain good moral character in violation of section 943.1395
|
Mar. 26, 2012 |
Recommended Order
|
Petitioner did not prove, by clear and convincing evidence, that Respondent constructively possessed a controlled substance in violation of section 893.13(6) and thus that Respondent failed to maintain good moral character in violation of section 943.1395
|