Lewis v. Criminal Justice Standards and Training Com'n, AW-189
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | JOANOS |
| Citation | 10 Fla. L. Weekly 141,462 So.2d 528 |
| Parties | 10 Fla. L. Weekly 141 Norman Curtis LEWIS, Appellant, v. CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Appellee. |
| Docket Number | No. AW-189,AW-189 |
| Decision Date | 08 January 1985 |
Page 528
v.
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Appellee.
First District.
Page 529
A. Clark Fletcher, Quincy, Florida, for appellant.
Jim Smith, Atty. Gen., and Randall A. Holland, Asst. Atty. Gen., Tallahassee, for appellee.
JOANOS, Judge.
Appellant Norman Curtis Lewis, a former police officer for the city of Springfield, appeals an order by the Criminal Justice Standards and Training Commission revoking his certification as a law enforcement officer. We reverse for the reason that appellant's certification may not be revoked on statutory authority which was not in existence at the time of the conduct complained of and which has no provision for retroactive application.
The Criminal Justice Standards and Training Commission filed an administrative complaint some five years after the incident giving rise to the revocation. Specifically, paragraph 6 of the administrative complaint states:
Pursuant to the provisions of Sections 943.13 and 943.145, F.S., the Respondent is not qualified to hold a certificate as a law enforcement officer in the State of Florida because he is guilty of conduct constituting: gross insubordination, willful neglect of duty, incompetence and gross misconduct which seriously reduces his effectiveness as a law enforcement officer.
The conduct which occasioned these charges occurred in February 1978 in the parking lot of a convenience store in Bay County in which a shooting incident took place. Six and a half months after the event, appellant was arrested, tried for aggravated battery, and acquitted by a jury.
The hearing officer recommended dismissal of the administrative complaint since (1) the statutory authority relied upon by the Commission for revocation did not exist prior to July 1, 1980; 1 (2) there was no provision for retroactive application of the statute; and (3) the Commission did not allege or prove that the events of February 1978 reflected adversely on appellant's moral character. 2 Prior to enactment of Section 943.145, the power to revoke law enforcement certification was implicitly granted with "the authority to specify the conditions under which such certificates
Page 530
shall be held and revoked." State Board of Education v. Nelson, 372 So.2d 114, 116 (Fla. 1st DCA 1979). This authority was provided in Sections 943.13 and 943.145, Florida...To continue reading
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Childers v. Department of Environmental Protection, 96-4182
...Prof'l Regulation, Fla. Real Estate Comm'n, 504 So.2d 469 (Fla. 1st DCA 1987); Lewis v. Criminal Justice Standards and Training Comm'n, 462 So.2d 528 (Fla. 1st DCA 1985); Nechtman v. Saker, 271 So.2d 26 (Fla. 3d DCA 1972). DEP does not contend otherwise Citing Florida Cable Television Assoc......
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Middlebrooks v. Department of State, Div. of Licensing, 89-406
...1979, his licenses cannot be revoked on the authority of section 493.319(3). See Lewis v. Criminal Justice Standards & Training Comm'n, 462 So.2d 528 (Fla. 1st DCA 1985), in which this court reversed the revocation of a police officer's certification as a law enforcement officer on the grou......
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Board of Trustees of Internal Imp. Trust Fund of State of Fla. v. Barnett, 88-578
...v. Department of Professional Regulation, 477 So.2d 1039 (Fla. 3d DCA 1985); Lewis v. Criminal Justice Standards and Training Commission, 462 So.2d 528, 530 (Fla. 1st DCA "9. This court is fully aware that Plaintiff acting in its proprietary capacity as owner of the State's sovereignty subm......
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Childers v. Department of Environmental Protection, 96-4182
...Prof'l Regulation, Fla. Real Estate Comm'n, 504 So.2d 469 (Fla. 1st DCA 1987); Lewis v. Criminal Justice Standards and Training Comm'n, 462 So.2d 528 (Fla. 1st DCA 1985); Nechtman v. Saker, 271 So.2d 26 (Fla. 3d DCA 1972). DEP does not contend otherwise Citing Florida Cable Television Assoc......
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Middlebrooks v. Department of State, Div. of Licensing, 89-406
...1979, his licenses cannot be revoked on the authority of section 493.319(3). See Lewis v. Criminal Justice Standards & Training Comm'n, 462 So.2d 528 (Fla. 1st DCA 1985), in which this court reversed the revocation of a police officer's certification as a law enforcement officer on the grou......
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Board of Trustees of Internal Imp. Trust Fund of State of Fla. v. Barnett, 88-578
...v. Department of Professional Regulation, 477 So.2d 1039 (Fla. 3d DCA 1985); Lewis v. Criminal Justice Standards and Training Commission, 462 So.2d 528, 530 (Fla. 1st DCA "9. This court is fully aware that Plaintiff acting in its proprietary capacity as owner of the State's sovereignty subm......