The Issue Whether Respondent committed the offenses set forth in the Administrative Complaint dated May 12, 2000, and filed March 11, 2003, and if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, St. Amand was a certified law enforcement officer employed as a detective by the North Miami Beach Police Department. St. Amand occupied a position of the highest trust as a member of the detective bureau. He abused that trust by engaging in repeated acts of lewd behavior in the workplace. The nature and quantity of the behavior was sufficient to provoke complaints to the Dade County State Attorney's Office which resulted in an investigation concerning sexual harassment and indecent exposure. In the course of that investigation, St. Amand compounded his offenses by lying consistently and repeatedly to investigators. Five witnesses, all of whom were entirely credible, testified in detail regarding incidents they had witnessed in which St.Amand masturbated, or simulated masturbation, at work. One such incident took place in the community patrol office. St. Amand's semen was collected from the carpet in that office. One of his former partners in the family violence unit said it was "second nature" to St. Amand to grope himself, simulate masturbation, and make vulgar comments. He did so in front of male as well as female colleagues. St. Amand falsely denied under oath that any of the incidents his colleagues testified to ever happened. Florida law requires, as a minimum qualification for its law enforcement officers, that they be of good moral character. Florida law further provides that law enforcement officers who lack good moral character, or who make false statements under oath, may be stripped of their license to serve in law enforcement. The public has every right to expect that those who serve and protect will do exactly that--not harass and embarrass colleagues and citizens who are conducting business in tax- supported buildings. St. Amand's conduct did substantial damage to his colleagues' morale, and to his department's reputation for professionalism.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that St. Amand's law enforcement certificate be permanently revoked. DONE AND ENTERED this 16th day of June, 2003, in Tallahassee, Leon County, Florida. S FLORENCE SNYDER RIVAS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of June, 2003. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Fred St. Amand, Jr. 2429 Northwest 184 Terrace Pembroke Pines, Florida 33029 Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
