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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs DUSTIN R. BUTLER, 13-001745PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001745PL Visitors: 85
Petitioner: CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: DUSTIN R. BUTLER
Judges: LISA SHEARER NELSON
Agency: Department of Law Enforcement
Locations: Lake City, Florida
Filed: May 14, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 4, 2013.

Latest Update: Nov. 05, 2024
STATE OF FLORIDA CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASE NO. 33497 Dustin R. Butler, Respondent. / ADMINISTRATIVE COMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Dustin R. Butler. 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 April 7, 2005, and was issued Correctional Certificate Number 247705. 2. (a) On or about August 29, 2011, the Respondent, Dustin R. Butler, did, as an employee of the department of corrections, unlawfully with malice aforethought, commit battery to the person of an inmate, to wit: Oreneile Masaka, by actually and intentionally touching or striking said person against his will. (b) On or about August 29, 2011, the Respondent, Dustin R. Butler, did unlawfully and knowingly or willfully fail to make a report or prevented another from making a report required by section 944.35, F.S. 3. The actions of the Respondent did violate the provisions of Section 944,35(3); 944,35(4)(a) or any lesser included offenses, Section 943.1395(7), Florida Statutes and Rule 11B- 27.0011(4)(b); (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 officer in the State of Florida have good moral character. 4. This Admini tive Complaint is issued pursuant to Se ns 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, Dustin R. Butler is guilty of violating Sections 943.1395(7) and 943.13(7), Florida Statutes and Rule 11B-27.0011(4)(b); (b), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Dustin R. Butler 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 12th DAY OF MARCH, 2013. R C.PRITT, Program Director Criminal Justice Professionalism Program CERTIFICATE OF SERVICE LHEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section : 1 COMPLETE THIS SECTION ON DELIVERY ie 1 Agent C) Addresse 120.569 and Section 120.60, PIRES Stee a arar Cr soley ® Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ® Print your name and address on the reverse so that we'can return the card to you. TT A’ received by Printed Nein G. Date/of Deli Attach this card to the back of the mailpiece, eyed by (Printed Name) ve or on the front If space permits. D. Js delivery address different from ttem 17/1 ¥ 1. Article Addressed to: if YES, enter delivery address below: ‘ £1 No sb Dustin R. Butler ce: Florida Department of K C1 Express Mail ¥ CO) Registered (1 Return Receipt for Merchandk (1 insured Mail — 1 6.0.D. 4, Restricted Delivery? (Extra Fee) DO Yes 2 7002 3150 0000 3833 7330 PS Form 3811, February 2004 Domestic Return Receipt 4102595-02-M-1t | | |

Docket for Case No: 13-001745PL
Issue Date Proceedings
Sep. 04, 2013 Order Cancelling Hearing and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 04, 2013 Joint Motion to Relinquish Jurisdiction with Leave to Re-open (filed in Case No. 13-001994PL).
Aug. 29, 2013 Response to Order to Show Cause (filed in Case No. 13-001994PL).
Aug. 20, 2013 Order to Show Cause.
Aug. 20, 2013 Notice of Appearance (Ralph Deas; filed in Case No. 13-001994PL).
Aug. 20, 2013 Motion to Relinquish Jurisdiction filed.
Aug. 01, 2013 Order Re-scheduling Hearing (hearing set for September 9, 2013; 10:00 a.m.; Live Oak, FL).
Jul. 31, 2013 Case Status Report filed.
Jul. 29, 2013 Joint Motion to Relinquish Jurisdiction with Leave to Re-open (filed in Case No. 13-002020PL).
Jul. 24, 2013 Joint Motion to Relinquish Jurisdiction with Leave to Re-open (filed in Case No. 13-002119PL).
Jul. 15, 2013 Order Granting Continuance (parties to advise status by July 25, 2013).
Jul. 12, 2013 Motion to Reschedule Hearing (filed in Case No. 13-002020PL).
Jul. 11, 2013 Notice of Appearance of Co-Counsel (Therese Truelove; filed in Case No. 13-002119PL).
Jul. 11, 2013 Notice of Appearance (Therese Truelove; filed in Case No. 13-002119PL).
Jul. 11, 2013 Notice of Appearance of Co-Counsel (Gloria Fletcher; filed in Case No. 13-002020PL).
Jul. 11, 2013 Notice of Appearance (Gloria Fletcher; filed in Case No. 13-002020PL).
Jul. 10, 2013 Motion for Petitioner's Witness to Appear by Telephone filed.
Jul. 05, 2013 Order of Pre-hearing Instructions.
Jul. 05, 2013 Notice of Hearing (hearing set for July 26, 2013; 9:30 a.m.; Live Oak, FL).
Jul. 05, 2013 Order of Consolidation (DOAH Case Nos. 13-1745PL)
Jul. 05, 2013 Order Canceling Hearing.
Jun. 27, 2013 Order Requiring Expedited Response.
Jun. 26, 2013 Motion to Consolidate filed.
May 20, 2013 Order of Pre-hearing Instructions.
May 20, 2013 Notice of Hearing (hearing set for July 9, 2013; 9:00 a.m.; Live Oak, FL).
May 20, 2013 Joint Response to Initial Order filed.
May 15, 2013 Initial Order.
May 14, 2013 Election of Rights filed.
May 14, 2013 Administrative Complaint filed.
May 14, 2013 Request for Assignment of Administrative Law Judge filed.
Source:  Florida - Division of Administrative Hearings

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