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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs AGUSTIN G. LATORRE, 11-003964PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003964PL Visitors: 31
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.
Mar. 26, 2012 Recommended Order (hearing held December 27, 2011). CASE CLOSED.
Mar. 26, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 26, 2012 Recommended Order (hearing held December 27, 2011). CASE CLOSED.
Feb. 20, 2012 Petitioner's Proposed Recommended Order filed.
Feb. 17, 2012 (Respondent's) Proposed Recommended Order filed.
Feb. 06, 2012 Order Granting Extension of Time.
Feb. 03, 2012 Motion for Extension of Time to File Proposed Recommended Order filed.
Feb. 01, 2012 Amended Notice of Filing Transcript.
Jan. 31, 2012 Notice of Transfer
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.
Dec. 27, 2011 CASE STATUS: Hearing Held.
Dec. 27, 2011 Respondent's Verified Answer to Amended Complaint filed.
Dec. 22, 2011 Correction to Subpoena to Reflect New Location filed.
Dec. 15, 2011 Deposition of Daniel Morgalo filed.
Dec. 15, 2011 Deposition of Jason Bruder filed.
Dec. 15, 2011 Deposition of Michael George filed.
Dec. 15, 2011 Deposition of Wayne Jones filed.
Dec. 15, 2011 Deposition of Kristen Rickert filed.
Dec. 15, 2011 Deposition of Gregory McVeigh filed.
Dec. 15, 2011 Deposition of CST Andrea Palacio filed.
Dec. 15, 2011 Deposition of Daniel Lurvey filed.
Dec. 15, 2011 Deposition of James Hyde filed.
Dec. 15, 2011 Continued Deposition of Lt. Wayne Jones filed.
Dec. 15, 2011 Deposition of Osvaldo Ramos filed.
Dec. 15, 2011 Deposition of Elbys Camacho filed.
Dec. 15, 2011 Order Denying Respondent`s Motion for Reconsideration.
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.
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.
Dec. 14, 2011 Notice of Filing filed.
Dec. 13, 2011 Notice of Filing (of depositions) filed.
Dec. 13, 2011 Amended Unilateral Pre-hearing Catalogue filed.
Dec. 09, 2011 Amended Administrative Complaint filed.
Dec. 09, 2011 Notice of Transfer.
Dec. 07, 2011 Order Granting Leave to Amend.
Dec. 06, 2011 Notice of Appearance (Roy Wasson) filed.
Dec. 05, 2011 Motion for Time to Respond to Petitioner's Motion for Leave to Amend Administrative Complaint filed.
Nov. 30, 2011 Motion for Leave to Amend Administrative Complaint filed.
Nov. 30, 2011 Petitioner's Second Amended Witness List and (Proposed) Exhibits and Stipulations filed.
Nov. 29, 2011 Order on Motion for Protective Order and Motion to Quash Subpoena.
Nov. 15, 2011 Request for Ruling filed.
Nov. 15, 2011 Corrected and Revised Copy Response in Opposition to FDLE's Motion for Protective Order and Motion to Quash Subpoena filed.
Nov. 15, 2011 Response in Opposition to FDLE's Motion for Protective Order and Motion to Quash Subpoena filed.
Nov. 14, 2011 Deposition of Wayne Jones filed.
Nov. 14, 2011 Motion for Protective Order and Motion to Quash Subpoena (exhibits not available for viewing) filed.
Nov. 07, 2011 Notice of Continued Depositions Duces Tecum (of W. Jones) filed.
Nov. 07, 2011 Notice of Deposition Duces Tecum (of A. Palacio) filed.
Oct. 19, 2011 Petitioner's Amended Witness List and (Proposed) Exhibits and Stipulations filed.
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).
Oct. 12, 2011 Status on Final Hearing filed.
Oct. 12, 2011 Notice of Unavailability filed.
Oct. 11, 2011 Respondent's Notice of Filing Available Dates as Per Court Order filed.
Oct. 11, 2011 Notice of Furnishing Additional Exhibits that Were Not Included in the Respondent's Exhibit List (by Federal Express) filed.
Oct. 10, 2011 Addendum to Respondent's Witnesses filed.
Oct. 10, 2011 Notice of Furnishing Additional Exhibits that Were Inadvertently Left Off the Respondent's Exhibit List (by Federal Express) filed.
Oct. 06, 2011 Order Denying Respondent`s Motion to Dismiss.
Oct. 06, 2011 Petitioner's Response to Respondent's Motion to Dismiss filed.
Oct. 06, 2011 Notice of Appearance (Grace Jaye) filed.
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.
Oct. 05, 2011 Notice of Furnishing Additional Exhibits That Were Inadvertently Left Off the Respondent's Exhibit List (by Federal Express) filed.
Oct. 05, 2011 Respondent's Response to Emergency Motion to Continue filed.
Oct. 05, 2011 Order Granting Continuance (parties to advise status by October 17, 2011).
Oct. 05, 2011 Emergency Motion to Continue filed.
Oct. 05, 2011 Notice of Furnishing Exhibits by Federal Express (exhibits not available for viewing) filed.
Oct. 05, 2011 Motion to Dismiss Complaint with Prejudice filed.
Oct. 04, 2011 Respondent's Notice of Furnishing Exhibits by Federal Express filed.
Oct. 04, 2011 Respondent's Unilateral Pre-hearing Catalogue filed.
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).
Oct. 03, 2011 Order Modifying Hearing Dates.
Sep. 28, 2011 Petitioner's Response to Respondent's Emergency Motion for Modification of Trial Dates filed.
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.
Sep. 28, 2011 Stipulated Emergency Motion for Extension of Time to File Pre-hearing Stipulation filed.
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.
Aug. 29, 2011 Notice of Taking Depositions Duces Tecum Per Agreement of Counsel as to the Dates and Times filed.
Aug. 29, 2011 Order of Pre-hearing Instructions.
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).
Aug. 26, 2011 Re-notice of Taking Depositions Duces Tecum of Asa Johnette Hardiman Change of Date Only filed.
Aug. 23, 2011 Re-notice of Taking Depositions Duces Tecum (of K. Rickert) filed.
Aug. 19, 2011 First Notice of Witnesses Respondent Intends to Call at Trial filed.
Aug. 17, 2011 First Notice of Taking Depositions Duces Tecum per Agreement of Counsels as to the Dates and Times filed.
Aug. 05, 2011 Joint Response to Initial Order filed.
Aug. 05, 2011 Initial Order.
Jul. 29, 2011 Motion to Re-open File and Assignment of Administrative Law Judge filed. (FORMERLY DOAH CASE NO. 10-2825PL)
May 25, 2010 Election of Rights filed.
May 25, 2010 Administrative Complaint filed.
May 25, 2010 Agency referral filed.

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
Source:  Florida - Division of Administrative Hearings

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