STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 33367 John A. Gaconi, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, John A. Gaconi. 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 December 12, 1980, and was issued Law Enforcement Certificate Number 46180 and on June | 1999, was issued Instructor Certificate Number 209022. 2. (a) On or between January 5, 2009 to May 7, 2010, the Respondent, John A. Gaconi, did then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, querie individuals through DAVID database for no legitimate law enforcement purpose (19 Counts). (b) On or between March 27, 2009 to May 7, 2010, the Respondent, John A. Gaconi, di then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, queried individuals through the Agency for Workforce Innovation database for no legitimate law enforcement purpose (6 Counts). (c) On or bev..cen October 6, 2008, to April 22, 2010, ti. .espondent, John A. Gaconi, did then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, queried individuals through the Insite database for no legitimate law enforcement purpose (13 Counts). (d) On or between October 21, 2004, to October 24, 2009, the Respondent, John A. Gaconi, did then corruptly use or attempt to use his official position as a Law Enforcement Officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: While on duty and off duty, queried individuals through the FCIC/NCIC database for no legitimate law enforcement purpose (13 Counts). (e) On January 13, 2011, the Respondent, John A. Gaconi, did unlawfully make a false statement, which he or she did not believe to be true, under oath administered by FDLE Inspector Scott McInerney, in an official proceeding, to wit: FDLE Internal Investigation EI-79-1526, in regard to a material matter. (f) On December 3, 2009, the Respondent, John A. Gaconi, did unlawfully and knowingly make a false statement in writing with the intent to mislead FDLE Special Agent Supervisor Vince Weiner, a public servant, in the performance of his official duty. 3. The actions of the Respondent did violate the provisions of Section 837.02(1); 837.06 or any lesser included offenses, Section 943.1395(7), Florida Statutes, and Rules 11B-27.0011(4)(c); (c); (c); (c); (a); (b) and 11B-20.0012(2)(f), 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 and Instructor officer or Instructor in the State of Florida have good moral character and which gives rise to a disciplinary action against Respondent's certification. 4, This Administrative Complaint is issued pursuant to Sections 120.60, 943.12(3), and 943.1395(7), Florida Statutes. Any proceedings concerning this Complaint shall be conducted pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapters 11B-20, 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, John A. Gaconi is guilty of violating Sections 943.1395(7), and 943.13(7), Florida Statutes, and Rules 11B-27.0011(4)(c); (c); (c); (c); (a); (b) and 11B- 20.0012(2)(f), Florida Administrative Code. NOW, THEREFORE, she Florida Criminal Justice Standards anc ..caining Commission hereby complains against John A. Gaconi 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 AAC PRITT, —) Neetor Criminal Justice Professionalism Program THIS 9th DAY OF May, 2012. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section 120.569 and Section 120.60, Florida Statutes, this 14th day of May, 2012, to John A. Gaconi, at pe JENKIFE be Darter: ce: Florida Department of Law Enforcement /sb

Docket for Case No: 12-003965PL