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Dr. Lee C. Bushong ‘Address protected by FSS 119 October 14, 2019 To: Governor Ron DeSantis The Capitol 400 8. Monroe Street Tallahassee, FL 32399-0001; Attorney General Ashley Moody ‘The Capitol PL-01 Tallahassee, FL 32399; Commissioner Rick Swearingen Florida Department of Law Enforcement PO Box 1489 Tallahassee, FL 32302-1489; And concemed members of the public, The Lee County Sheriff, Carmine Marceno, as a police officer for the City of Naples, Florida, a deputy sheriff in and for Collier County, Florida, and as a deputy sheriff in and for Lee County, Florida, violated the below enumerated statutes and administrative codes of the State of Florida, between 1999 and the present day, to wit: Count 1. §837.012 Perjury not in an official proceeding: Carmine Marceno did make a false statement(s), which he knew not to be true, under oath, in regard to a material matter by willfully executing a CJSTC Form 68 and 76 that contained fraudulent and/or misleading information. Form 68 contained an affirmation which was notarized. um qualifications for employment or appointment: Carmine Marceno did not complete a commission-approved basic recruit training program for law enforcement officers for the State of Florida, and did not qualify for the equivalency of training exemption. criminal justice discipline in another state but Marceno did not serve as a full-time swom officer in another state for at least 1 year. ‘Carmine Marceno may have completed a comparable basic recruit training program for the applicable criminal justice discipline in another state but Marceno did not serve as a full-time sworn officer in another state for at least | year. Count 6. Florida Administrative Code Rule 11B-27.0011 Carmine Marceno provided false statements, inaccurate statements, and/or omitted information during the employment application process that if made known, would have precluded his ability to take the officer examination under §943.13(9)(a) and §943.131(2)(a). These instances are found on his CJSTC Form 76 and the applications to Naples PD, Collier Sheriff's Office, and Lee Sheriff's Office. For the purposes of illustrated orientation, the following timeline is tendered: Marceno attends New York municipal police training 1998-1999 Marceno worked part-time as a seasonal officer, logging a total of 1203.5 hours of experience Dates derived from Marceno's applications arms, and employment records and are provide with hse Marceno never met the minimum requirements for the equivalency of training exemption for certification as a law enforcement officer in Florida. §943.13(9)(a). Marceno was never employed full time in New York, as evidenced by the supplied time records. §943.131(2)(a). Marceno graduated from the New York Municipal Police Academy on May 1, 198. At the time of requesting equivalency of training exemption in Florida, evidenced by CISTC Form 76 (next bullet), he had a total of about 1,203.5 hours total experience as a law enforcement officer, far less than a year’s worth of full time experience, in violation of §943.13(9)(a) and §943.131(2)(a). Marceno falsified information of his CJSTC Form 76 which was submitted on October 26, 1999, Rule 11B-27.0011 F.A.C. Marceno executed a notarized CJSTC Form 68 on October 26, 1999. A portion of that form states, “I have read my employment application and it is true and correct, and all other information I will furnish in conjunction with my application is true and correct.” There were omissions and fraudulent information supplied to the Commission, Naples PD, Collier Sheriff's Office, and Lee Sheriff's Office. §837.012 and Rule 11B-27.0011 F.A.C. Marceno started employment as a police officer with Naples PD on November 1, 1999. Marceno enrolled in a Florida State law enforcement officer exam preparatory class while employed by Naples Police Department. He completed it in May of 2000. ‘Marceno took the CISTC law enforcement exam on June 28, 2000 and failed it. Marceno again took the CJSTC law enforcement exam on July 26, 2000 and failed it. Ginger Jones of Professional Standards send a letter dated August 2, 2000 to Chief Steven Moore of Naples PD that Marceno twice failed the state test and would have to attend a physical academy and there was no way he could comply before his temporary employment period was over. On August 2, 2000, Marceno’s employment with Naples PD was terminated Marceno retumed to New York and worked in a seasonal, part-time capacity as a law enforcement officer, as determined by his pay records. He logged his first day back as June 14, 2000. On or about November 19, 2002, Marceno applied to Collier County Sheriff's Office with no evidence that he ever completed the requirements for law enforcement certification. §943.13(9)(a) and §943.131(2)(a). On or about June 7, 2013, Marceno applied to the Lee County Sheriff's Office. §943.13(9)(a) and §943.131(2)(a). On or about September 25, 2018, Marceno is appointed as Lee Sheriff after the resignation of his predecessor. Administrative violations Florida Administrative Code Rule 11B-27.001 1(3) stipulates that for a review of conduct by the Professional Compliance Section, a complaint must be signed and contain specific allegations of non-compliance of an officer, to wit: Carmine Marceno, pursuant to Section 943.14(7), F.S. and Rule 11B-27.0011, F.A.C., to include the complainant's name and return address, to wit: Dr. Lee Bushong. Since my address and contact information are protected by FSS §119, my information is provided on the separate sheet I previously mentioned. My signature is affixed to the end of this letter to meet the requirements set forth. Florida Administrative Code Rule 11B-27,0011 provides specific actions or activities that warrant a review and are contained in Section 4. An action specific to this complaint is 4(c)6 and is as follows: “6. False statements during the employment application process.” This complaint is not provided to the Lee County Sheriff's Office, but rather to your respective offices. The accused is the sheriff and as such is the administrative head of that agency. Therefore, this is provided directly to your offices for independent review. Prior Professional Compliance cases that support investigation of Carmine Marceno: Case #37520 — False statements during the employment application process. Case #37936 — Grand Theft; Public Assistance Fraud. This case does not directly pertain to Marceno’s actions. Rather, this case is important because it takes notice of omissions and false statements as material to a case. Marceno omitted information on his application that clearly would have precluded his EOT exemption, to wit: His lack of full-time experience at Suffolk County Park Service prior to obtaining a Florida law enforcement certification. Case #43175 — False statements during the employment application process. Criminal activity and predicates ‘Carmine Marceno is the sheriff of Lee County. He was appointed to the position by Florida’s previous governor after the retirement of the former sheriff. His appointment was in September 2018. He remains in the position as of the time I write this letter. The information contained in this letter is as factual as I can determine. Some of the items are publically available. Other items were supplied to me. In every instance, I’ve reviewed as much information as I could find to corroborate the prima facie reliability of the evidence. Further, I've not concealed anything to sway my opinion or the perception of my opinion within this letter. As is good practice in any investigation, I urge concerned actors to replicate my findings and obtain any further information or evidence that may be privy to a person acting in an official capacity, whatever that might be. The information and evidence that I tender herein, I believe to be factual and representative of the truth, but at the end of the day, I can only rely upon that. Regarding the nature of this complaint and my investigation into the matter is only that of a concerned citizen of Florida and a former citizen of Lee County and nothing should construe this as otherwise. Florida qualifying LEO statutes Florida State Statute (FSS) §943.13 stipulates the minimum qualifications for appointment as a swom officer in this state. For anyone appointed as a law enforcement officer on or after October 1, 1986, s/he must be 19, a US citizen, a high schoo! graduate, not been convicted of perjury or false statement, under FSS §943.13(9) complete a commission-approved basic training program, or, under §943.13(9)(a), have completed a comparable basic recruit training program in another state or for the federal government and served for at least one year there in a full-time status, provided that there is no more than an 8 year break in employment as measured from the separation date of the most recent qualifying employment to the time a complete application for an exemption is submitted, amongst other things. In Florida, this process is initiated by filing an equivalency of training form, CISTC Form 76. In response to a public records request (§119), I obtained a copy of Marceno’s application to the Lee County Sheriff's Office that predates his appointment to sheriff, his application to the Collier County Sheriff's Office, and his employment records with the Naples Police Department. A review of the records elucidates the following violations of state statute and administrative code: Deception/ Withholding Information/Omissions Marceno graduated from the Municipal Police Training Council’s academy for law ‘enforcement in New York on May 1, 1998 (Cert | of 9). At the very earliest, his full time sworn service, as required by FSS §943.13(9)(a) and §943.13(9), would begin on May 1, 1998, assuming he was employed as a full-time officer, which records prove he was not. On September 17, 1999, Marceno applied to Naples Police Department and three days later, on September 20, 1999, Marceno applied for the equivalency of training exemption permitted by the aforementioned statutes, via CISTC Form 76, although he was not qualified to do so (Cert 2 of 9). About a month later, on October 26, 1999, Marceno affirmed a notarized CJSTC Form 68 before notary Linda Anders (Commission €C671515), which amongst other things, contained an affirmation that all information supplied to the ‘Commission was true and correct. It was not, for at this time, Marceno had amassed a lifetime total swom law enforcement experience of 1,203.5 hours of experience, and all of those hours were earned in a seasonal part-time capacity with Suffolk County Park Service in New York. On the same date as the Form 68, a Form 60 was filed on behalf of Marceno where paragraph 15 indicated that Marceno was requesting equivalency training, despite never meeting the requirements to be considered eligible. Commander Victor Morales filed the report and one can only surmise that the Commander wouldn’t falsify official documents, leaving that Marceno misled the Commander in believing that he met the state requirements. Naples Police Department. Marceno was hired by the City of Naples on November 1, 1999, and was employed as a police officer, a sworn position within the State of Florida. The police department paid for him to take a preparatory class ahead of taking the state equivalency exam (Cert 9 of 9). Marceno attended the course between the dates of February 14, 2000 and February 26, 2000 (Cert 5 of 9). He took the state law enforcement officer's examination on June 28, 2000 and again on July 26, 2000, failing the exam both times (Cert 6 of 9). The Professional Standards Bureau took notice and Ginger Jones wrote a letter to Chief Steven Moore on August 2, 2000 informing him that Marceno twice failed the exam and had to attend a physical, brick and mortar academy in the areas he was deficient in (Cert 7 of 9). On that same date, Marceno’s employment as a police officer with the City of Naples was terminated (Naples | of 7). The termination was internally completed on September 22, 2000 (Cort 8 of 9). Marceno’s application to the City of Naples is provided and is labeled Naples 1-7 of 7. Please note that on page 5 of 7, Marceno provides his dates of employment with Suffolk County Park Service as May 8, 1998 until September 9, 1999. He never declared whether he worked there full time or part time. Had he declared part time, it would be obvious that he was not qualified to be a law enforcement officer in this State. This becomes important later on, On page Naples 6 of 7, there is a letter from Marceno that tenders his resignation. He provided a reason for the resignation predicated by a move to New York, although it was dated the same date as the termination. Marceno’s experience as a full-time officer is only qualified, through sill short of the statutory one year, through his temporary employment at Naples, and that even can be questioned. For the sake of a good argument, Ill accept it as qualifying employment. Therefore, encompassing his dates of employment (11/1/99-8/2/00), he earned nine months and one day of full-time sworn employment. Remember, he never had full-time employment in New York. Marceno moved back to New York in 2000 and began to work as a seasonal part-time officer with the Suffolk County Park Service, his employer before Naples PD. From 2000 to 2002, he maintained his seasonal part-time service. In 2000, he worked 15 hours; in 2001, he worked 1032.5 hours; and in 2002, he worked a total of 330.5 hours. Here is the breakdown: Calendar year 1998. Pages 6 and 7 of the pay records (again, numbered in red in the lower right corner) covers his employment for calendar year 1998. During 1998, Marceno worked 410.5 hours as a seasonal police officer, far less than the standard 2,080 hours of a year’s worth of full-time work — not even a fifth of a year’s work. Calendar year 199%, Pages 4 and 5 of the pay records covers employment for calendar year 1999. During 1999, Marceno worked a total of 793 hours or roughly 40% of a normal full time work year of 2,080 hours. Calendar year 2000*. Page 3 of the pay records covers employment for calendar year 2000. During 2000, Marceno worked 15 hours total. Calendar year 2001. Page 2 of the pay records covers employment for calendar year 2001. During 2001, Marceno worked a total of 1,032.5 hours, or less than half of the standard full year’s 2,080 hours. This year was Marceno’s most heavily worked year as a Park employee, and even then, it wasn’t over the 50" percentile of hours typical of full-time employment. Considering the definition of full time isn’t clearly established, if one were to consider 30 hours, instead of 40 hours, a week as full time, the yearly number of hours required to meet this reduced standard would be 1,560 hours of work in a given year. Here, too, Marceno has failed to meet even the reduced standard. In order for calendar year 2001 to be considered a year of full time employment, the weekly amount of hours worked would be set at 19 hours and 51 minutes per week, a laughable number. Calendar year 2002, Page | of the pay records covers employment for calendar year 2002. During 2002, Marceno worked a total of 330.5 hours. This was the last record for his employment at Suffolk County Parks as a seasonal employee. Marceno was aware of his part time status as a seasonal employee. One only needs to look at the sporadic nature of his work weeks with Suffolk County Park Service as proof. It is not uneommon for him to have a series of weeks and even months of no work whatsoever in this capacity, followed by periods of steady labor. A full-time employee is assured of work each week. Further, there are two ‘New York State Article 15 membership applications filed by Marceno and attested in front of notaries public, On the application dated May 30, 1998, he identified as a park ranger (block 10). On the right side of the page, he indicated in block 10 the length of work year. The options were 10 months, 12 months, or seasonal. He checked seasonal. Block 17 is a notary block where a notary acknowledged his application. In August of 2001, Marceno submitted another Article 15 application. I draw your attention to block 10 again, where he indicated twice on the 2001 application that he was a seasonal worker. This second application was notarized as well. * indicates years where Marceno was in Florida working as a Naples police officer. Note the amount of experience he had as a seasonal officer in New York previous to his Naples appointment. Therefore, based on Marceno’s Article 15 applications where he acknowledged his, employment status as seasonal on two separate occasions, before notaries of the State of New York, as well as the fact that his work never broke the 50" percentile of labor during a given year (1,040 hours, which is half of the typical 2,080 hours worked for a full time person), he simply never worked full- time with the Suffolk County Park Service. Additionally, assuming that Marceno may have made more than one CISTC Form 76 application (at present, I have no reason to believe that he did), there is still no work experience at Suffolk County Park Service that would qualify him for the Commission approved basic academy exemption. Therefore, itis the only logical conclusion that Carmine Marceno was never legally a law enforcement officer in the State of Florida because he never attended a Commission approved basic academy nor was qualified to take the out-of-state exemption. Collier Sheriff's Office. In response to a §119 request, I obtained the application Marceno tendered to the Collier County Sheriff's Office. In November 2002, Marceno applied to CCSO. On the first page of the application, Marceno indicated he completed Florida’s equivalency of training when in fact he did not. He filed his CISTC Form 76 (the equivalency of training form) on September 20, 1999. I looked up the 1999 version of §943.13(9) and §943.131(2) and it bears the requirement of having served as a full-time officer for one year, which Marceno had not fulfilled, and the Form 76 was filed in excess of three years prior to application with the Collier County Sheriff’ Office. Pursuant to these statutes, Marceno did not qualify for certification as a law enforcement officer even then. On page 3 of the Collier County Sheriff's Office application, under Section 2, Marceno indicated that he was never dismissed from a position (2.2) nor had he ever resigned following unsatisfactory performance (2.3). He was either fired from Naples for not passing the state examination on the two attempts he made, or he resigned in lieu of termination, Recall that his letter of resignation was dated August 2, 2000, the same day that the Professional Standards Bureau flagged him for not being able to pass the state exam. Also, Naples 1 of 7 indicates termination. Either way one cuts it, there was a lie under Section 2, prohibited by Florida Administrative Code Rule 11B- 27.0011(3). Further, on page 8 of the Collier application, under section 11, Marceno indicated that he was never arrested for anything, yet on the Lee County application, under arrest history on page 8, Marceno disclosed that he was arrested previously for possession of alcohol. This is another violation of Florida Administrative Code Rule 11B-27.0011(3). Lee County Sheriff’s Office. Marceno applied to the Lee County Sheriff's Office on or about June 7, 2013. On page 9 of the application, he lists previous employers as McCaricks Dairy in New York as a full and part-time position spanning 1988-1992. For this employer, he specifically responded to the question if the work was part-time or full-time. He worked for CM Production from 1992-1998 in a full-time and part-time position and indicated so by checking both of the boxes. He listed Suffolk County NY Park Police as an employer form 1998-1999 but did not indicate whether this was a full- time or part-time position. He simply omitted information by not checking the boxes when asked too,The next two entities are after the CISTC Form 76 was filed in 1999, and are law enforcement agencies in Florida: The Naples Police Department from 1999-2000 for a 9 month duration as a full- time patrol officer and the Collier County Sheriff's Office from 2003 until the date of his LCSO application as a full-time position. Lastly, he listed Island Tan of Naples as his final place of employment from 2000-2003, running concurrent with a portion of his time at CCSO. For Island Tan, he indicated he worked there full-time. For five of these six entries, he clearly indicated full or part time, or both. He did not indicate an employment status for Suffolk County Park Police. Had he included Suffolk as a part-time position, it would become obvious the deception played that allowed him to circumvent the requirement to attend a full Florida academy. Thighly recommend that a full investigation into this matter be immediately initiated and that Carmine Marceno’s certification as law enforcement officer be subjected to a disciplinary review, as well criminal charges filed as appertaining unto his conduct, as appropriate. Ifyou need any further information, please do not hesitate to contact me. PA AWE EN Documents / Evidence Suffolk County NY Park Service seasonal employee pay records. 7 pages ‘New York Article 15 membership applications. 4 pages. CJSTC Form 76. | page. FDLE global profile sheet for Carmine D. Marceno. 2 pages. City of Naples, Naples PD documents Collier County Sheriff's Office documents Lee County Sheriff's Office documents Florida Administrative Code 11B-27.0011 Moral Character. Item 1. 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CJSTC Form 76 : oal22\ 199% S@p-20-99 12:37P 727-a84-a342 P.o7 FOLE EQUIVALENCY OF TRAINING lel Out of State/Federal Officers ‘Piste read Instructions ou biel of thi form tbat tell you ‘when und Kew to c#e ll. Typecr prbel te black Inke S Malllngnddran Atlotote Genter, Suite 1135, $200 3éch | CHa Fetersbern tnt Florida Zip Coder ow ‘Telephone women (727 _)__ 866-3022 Bet. nfe___ Ootnet Persons, a % re" by ype octet that pppeaut te aeckng, emigre ee dom oe ei a he DR Zee Raforcement 1 cooreettons, Cl Comecitonal Hrobosfon oF eee 5 ous tho appiteat finve ote (1): jawwein cil lual justice work exparlouce fi the dtschsting ny ninckedt fide TZ: : ie oo ee eS Pear Canina este Employ) 3s oe 8 Astor Nant -3u Fs Postion Tite im Aiea Sita Dal iaieieaaa bint = ne Agency Telephone #2, “14: b. Agiaey Nam, Fetltton Tithe, Apeany Adina Stetag Does ~~ ding rte; Agen Tetelioae OT Uf ptt worked fer rae than fre egenete, Hat these wAlel, when tatoos, rxpreeat ene ex ovo peers of felbtion sworn 40, Aner reviewing onpllow’s cul-otattlfedeel offer bung record, check lopls tea(s) What were suocessally completed in Seapine ewe plc i ea cele, sont be wneny ana, aie ay a Ig or shea ott lg coe thet wee veel coiled, NOTE: afb Bed seet sted, pean mt compo “eeepc ea Favela ' ‘Report Wiki a Wl Report Wil jet 2 Scat io. Hers oem naa |B REN tame Vehicle Opmnstions CD Conreattemas Paslilty Operations {2 Peobsdtaner Sopervides: oe _ i oe Lctretearepeae mnt retin tne eget ft ene aS oe Ee, te Geoy~ Raneieclaion Corker Item 4. FDLE global profile 03/08/2019 Florida Department of Law Enforcement Global Profile Sheet Name: Carmine D Marceno Race: Wh sex Education: High School Employment Menkes Eoiioe te | er | tuovtooo | osasr2000 Separation it Y¥ | 224990 eee migeondust) Selmer aon ShetitTs ile cal asizsr2013 Sent fa N |. tanmz002 Office involving R ee County perks te |r | oszenons ce N | o6/o4i2013 fice mun cu Salary Incentive EET ee eS as $40 [ $40 Mandatory Firearms Qualification nS Mane esiiemuieeke lace lard No Firearms found for this person Certification [te {220800 Active 02/07/2003 | osisor2023 | 42/40/2010 | Topic There is no topic Information available for this person Exam Carmine D Marceno 1 6/28/2000 Fail LE 7/26/2000 2 Fail ‘07002 Fast No BAT Record Information found for this person Equivalency Application| Decision | Approval [Advised Datel No Equivalency Records found for this person Training [Law Enforcement Exam oaarao00 | 02/26/2000 | 38-2000-210-1 | 1980.01 [pr etaration Course Radar Speed Measurement o1mgro04 | 04/30/2004 | 33-2004-055-1 | 1995.07 |Training Course For Law P 40 Enforcement Officers 10022008 | 10/08/2006 | 33-2008-033-2 | 2005.01 |Sex Crimes Investigations P 40 ‘yorier2o06 | 10/27/2006 | 33-2006-032-2 | 1987.01 |Special Tactical Problems Pp 40 ‘Laser Speed Measuring Device (Ismd) Transition oriesra007 | o7eri2007 | 33-2007-1113-3 | 1994.10 [Ore rctore Course For Radar P 2 (Operators ‘ozogizo09 | 02/3/2009 | 33-2000054-1 | 1987.01 |Organized Crime P 40. Conducting Background 5 0 Investigations osmerzoo9 | osvzorz009 | 33-2009-1151-1 | 2005.04 WMDIICS Training for Certified Law Enforcement Officers Cee 3/46/2005 Incident Command System (ICS) 4730/2003 Carmine D Marceno 2 Item 5. Naples PD Documents Dr. Lee Bushong Fro Dr. Lee Bushong Sent Thursday, October 3, 2019 12:06 PM To: PolicePRR@naplesgov.com Subject: FSS 119 Public Records Request ICO Marceno, Carmine D. 1. Any and all applications for employment, in their entirety, made by Carmine Marceno to the Collier County Sheriff's Office for employment in any capacity from 1997-2019. 2. Any and all records pertaining to Carmine Marceno’s work history previous to his employment with the Naples Florida Police Department, to include, but not limited to, his employment at Suffolk County NY Park Service. 3. Any and all CISTC Forms 76 bearing Carmine Marceno’s name in possession of the Naples Florida Police Department. 4, Any and all records from 1997-2019 pertaining to the evaluation of Carmine Marceno’s prior service and/or training used to justify his exemption from taking a Commission approved law enforcement academy, including, but not limited to, prior service, education, and training in the State of New York. Electronic forms emailed (TI ITTRIM are acceptable in lieu of hard copies. If there are associated fees with this records request, you do not need to contact me for approval for an amount less than $20.00. For fees in excess of this, approval is required Dr. Lee C. Bushong CITY OF NAPLES TERMINATED EMPLOYEE Nerks 1 6 + ma TTT Nagles 4 of 7 tr sinanae eons va 9 eee aoe TO WHOM IT MAY CONCHA ‘CARRERE B, MARCENO AM SERIOHING PROM THE NAPLES FOLACE separa A808 ANIGUET 2,200. TONS 8 BECAUEE LAM RELOCATING TO MEW YORK. IF YOU SOOULD MAVE ANY: QUESTIONS PLEASE CONTACT ME AT ma v0. Cm CARREINED. MARCERO Naples & of 7 i @ @ rerenen @ ‘SEPARATION REPORT OCT 3.0 709 ‘The above named employee hes tumed it: Ciy tdennttion Card _and, ah Gy property endl equipment ieeued to hiner, wth the fotowing exceptions # any: © Mina check mayb iasved, toes 8 a Naples of 2 PunoD Sururesy, sonog rediorunyy 27S ongRg Jo 209) OA Man] Jo a}2Ig Cear a oF F dernasicn that Ive entered on tis form is ea “ot bast Laeh 47) {00 Wm voroNED Ou ‘pED Yeu EN On mo a -tay te 0a ee a oa 09 wer sachets thts oa ASN SEAR 0802/2000 Cars oF 4 Cer 6 ok @ CW ¥ Rist eRGENGY SERVICES DEPARTMENT — Cat FofY Corr bof 4 CITY OF NAPLES TERMINATED EMPLOYEE ‘NAME —_—_—|MARCENO, CARMINE. 0. EOD 11/01/1999 sa TERM DATE, Naples ( Naples 2 Memo To Chief Naples PD Chief, as per our earlier conversation regarding certification exams, Ihave learned the following from F.D.L.E: + Since this is the second time Carmine has failed the exam, he must now return to a certified academy of school and re-take the courses that are pertinent only to the section that he failed. + Once he completes and passes the class, he then has 180 days to take the exam. + Since his TEA expires as of August 23, 2000 there does not appear to be any way he can finish the courses and retake the exam in 24 days. FDLE suggests pulling him from the road on August 23rd and assigning him to administrative duties until he retakes and passes the exam. This is, of course, at your discretion. + Upon his successfully passing the exam, the only thing we would be required to submit to reinstate him to the road would be a new Form 60. All other paperwork would not need to be redone. Negks 3 Ttem 6. Collier Sheriff’s Office Documents Dr. Lee Bushong Dr. Lee Bushong ea! Thursday, October 3, 2019 12:03 PM karie.partington@colliersherfforg; michelle.batten@colliersheriff.org; kristi ester@colliersherifforg; krista.williamson@colliersheriff.org; kaistine gill@colliersherff.org; jamie, mosbach@colliersheriff org Subject: FSS 119 Public Records Request ICO Marceno, Carmine Good morning, Pursuant to the provisions of FSS 119, | am making the following public records request regarding records of a former ‘employee of the Collier County Sheriff's Office, Carmine D. Marceno. 1. Any and all applications for employment, in their entirety, made by Carmine Marceno to the Collier County Sheriff's Office for employment in any capacity from 1997-2005. 2. Any and all records pertaining to Carmine Marceno’s work history previous to his employment with the Collier County Sheriff's Office, to include, but not limited to, his employment at Naples FL Police Department and Suffolk County NY Park Service. 3. Any and all CISTC Forms 76 bearing Carmine Marceno's name in possession of the Collier County Sheriff's Office. Electronic forms emailed to SEs are acceptable in lieu of hard copies. If there are associated fees with this records request, you do not need to contact me for approval for an amount less than $20.00. For fees in excess of this, approval is required. Dr. Lee C. Bushong Reference 999648-101119 Dear Lee Bushong: ‘Thank you for your interest in public records of the Collier County Sheriff's Office. Your request has been received and is being processed. The request was received in this office on 10/11/2019 and given reference number P009648-101119 for tracking purposes. Record Requested: Personnel Records - A complete copy of Carmine Marceno's application 10 the Collier County Sheriff's Office and any Form 76 copies in possession of the Office. You will receive an email concerning costs if any and when your request has been completed. ‘You can monitor the status of your request by clicking "View My Requests" in the top menu, We look forward to assisting with your public records request. Central Records Bureau Collier County Sheriff's Office (239) 252-0648 , Gemine D. c Maccey Positions) Requested number and stin order: LAW! Ew Force ren” 5 1 2 Collier County Sheriff's Office Don Hunter, Sheriff Ca Application VAN ‘The Collier County Sheriff's Ofice is an Equal Opportunity Employer. We consider applicants forall positions without regard to race, color national origin, sex, physical disability religion or any other legally protected status y Instructions: Application may be printed, in your own handuwriting legibly in ink or typewritten. This is your application.if additional space is needed, please refer to question number and add information on 8-1/2 111 inch paper. If you are provided a conditional offer of a position, you will be required to complete a questionnaire with detailed background information. Once received by the CCSO, we must retain custady Of the application. Portions of the application are subject to disclosure under Florida's Public Records Laws. FFicen Social Security Number: _ CARMINE Dominic ‘Last Name) ‘First Name) (Wiiddie Name) Other: List all other names you have used with time periods used (eg. maiden, former allas(es)). None _ _ i Education: List highest level attained year attained and type of degree if applicable). REGENTS HGH School OiPloma. belay Av ASSccATES Oceree Law Enforcement or Corrections Officer certification (state when obtained and where); NY SiATe c tiie Ny Siqtc Compiefed _ bAw iw ForcernmenT Ecunealercy FF TRaming ‘Are you willing to work shifts? at SAT Nights: Waves No Evenings: SkYes GNo Weekends: Yes UNo Typing or Keyboarding speed: Computer programs (software) used in your current or prior position: Military experience, if applicable. List date(s) of active duty, branch, highest rank obtained and type of discharge. None Do you wish toclaim Veteran's Preference? UYes No (Call for details) Have you had any disciplinary action from any employer including military? Yes @No yes, provide details below: Social Security Number: Have you ever been convicted of, or pled guilty to,any criminal violation? L1Yes No fyes,provide details below {including juvenile, expunged, sealed, and/or adjudication withheld) Date: Place charge: Court location: Disposition 10. List ll employment beginning with present employment, including summer and part-time positions while attending school, for the past ten years.if unemployed for a period, st forth dates of unemployment. eee eerad ‘Dates Worked | Salary IE Your Title aemer ‘Reason for Leaving Letono Tact wepies| Ufet-Pres | Sco“ ww! owner | wif STM own bvemess A ava) fated ebar| kee” (7B, Bee eo ) ; saa eo PO a Cm Producnons | efia- 5/58] 6006] Ga kg esarcerg | eee eee eae Wakiewie revels Oe élge- 6/9a| ae! Clerk tte | “Salers B LWiccactely Otery | | Salary. Continue, in above format,on separate sheet of paper 11. Residences List all residence addresses for the past ten years beginning with current address: Aadiess city state Oates from/to | aay £3, 2003 — fres_| Moy 01, 2001 - Pek Age D9 = Fisly 17 = \Ap-72 - Ap 7h 12, Driving History: You are not required to complete this question if applying for clerical position or any position that does not requite driving a vehicle, state where licensed:_ FLA License No: List any tafe vibltion conviction including adjudication withheld within the past ten years. Provide date charge, court laation,and disposition 02Fe pose | | PATS Meigs Beh | vemagun |B S599 yes aT - om Petal Teh | spwogr OND | Ly-mb | aay hperrroneyses Sea WOS eee 40 2963p | geyenpesb pouse3 | J030AL| nok pia | sino upasy | Apmis joey} o1fwosg ssouppy/awen T(MEDIIW 30 SSBUISHg TEUORESEA "9peI1) sjOouTS FIO € ~~ a a ras oo | GY a1 | GY opbt | swe hyundy $9595 weWwIEUI 0} pa.INDDS 51 QS99 oR ‘DENMUES 2940. “suBmsue iis Spuodsai309 zey) UONsaNb pue saquinu abed sieo;pUL saded ,TT x ,2/T-8 Jo sy9Eys uO peyse:Te 2q pnoUs speyop quoIoysnsUI sf aDedS jf “passanoud aq JOU jim UOHeULLOJU aYajdUOD INOYRIM sIaNIeq SNOILONUASNE ah a “smeis payaioud Jato Aue 40 voiSa4 “Augesip eoisAud ‘96 as ‘610 jeuoHyeu 10)0 ‘a2es 01 p12634 INOW SUORISOM Ie 40) UEDYAde J9pIsUOD om ‘Bdojdua AyuMUONGO Jenba Ue S40 S4dKBKS AaUNOD J2HHe> ou, 39))eg punosByoeg 4240 [euonpuog-asog iBYs “s2]UNH UOG 2210 5.43494 AQUNOD 421109 en - cont’ Social Security Number. 4. dicote any law enforcement edueavon/aning: D'Asdomeled de frbslebuy 7 Hest Be gunder AD Bobbey Ins 30 School 4) Seeiadaeh AMS yaa DiS tt mpi downy Whal 5. Indicate any type of special license such os plat, radio operator, showing licensing authority, where the icense was first issued, and date current lcense expires (exclude driver's inereey Nowe, = 6. Indicate any special sls you possess and equipment you can use which may be related to law enforcement work (For example: two way radio communications, breathahywen, speed detocton equipment, firearms) oe “5 wer ted cesar Sree noes LD. Cectihe, ot fe, 1. List all positions 7 ineluding summer and part-time positions wile attending school TF unemployed for @ period, st forth dates of unemployment. If you were not employed ten years ‘ago indicate “not applicable” and go to next session. Tate, Aes a Prone of | Dates] Say Your ite ame ot —— Reon Yo Tao Emgioyer ore Superwsor i (ejk-claal AB" | cleer | Keua Monel we rene Salary Wame, Address and Phone of | Dates Salary] Yourtitie | Name oF Reason for Leaving Emo red Superior CN Padochech cheat C00 tepise Geer in Taw) [ en for emen| ‘Name, Address and Prone of | Dates ‘Salary | Your title ‘Reason for Leaving Emplever worked a ISC. A@E Paine lah ef ig © Band AE StoebSir | (ive ta Flapt Ac | [aE a oar [oes Yara [amet —— aaa Emer noried oe : [Nbeled Police Ht ows feldel Sat Pid lle Missel stale Gransy (pH e(pak tmily bsinyss (Blinn Nagle = peek Sane Qenor | lh Fl ann Buvsiresd If insufficient space, continue on separate sheet of paper using above format. we ‘Section 2;_ Employment History (cont'd): Social Security Number, “fers P:?* one 2 "Have you ever been asked to resign from a position? Yes No ©. Have you ever had any disciplinary action taken against you from any employment or position you have held? Yes 2 No If yes to any of the above questians, provide details: te i 7 vrei 3 on * 98 a" io TT yes, provide details: 4 List all aw enforcement agencies (not listed as an employer) where you have applied for 2 Position, performed paid services, or performed unpald services, dates and resis Nove 5. _Ust all internat affairs investigations of which you have been the subject (agency, time, charge, outcome) and attach detail, if available in 5. List all excessive force charges placed against you, if applicable: Bie Section 3: Residences 1. Uist actual places of residence for the pest 10 years starting with the most recent. Include all addresses including while at school and in military. For college on-campus residences, give dormitory name, city, and state. If residences in milltary service cannot be shown as street address, indicate complete military unit designation and location by city and state. If post office box, give actual street address and locetion of post office. (Dates From/te [adress Te [county] State May a- Proves? | : Landlord Wame | Adress Tee State | phone with ‘ eee e area coge Dates From/To [Adress [eny _—T county [state [Suly H- May oe Landlord Name | Address Tory State | Phone with pee 1 ese tt as ender] te ‘| i a Section 3: Residences (cont'd) ‘Social Security Number Dates From/To-_TAddreze iy Teorey Tate 1 Anck Saya bal Landlord Name” [Address City ‘State Phone/wit | ~ | area code Cc : ae i nee, ‘Dates From/to address Tey “(county State Landlord Name Address. City, State Phone with: L = area code = using format above, on separate sheet of paper. Have you ever served an active duty nthe med Forces ote Unted states? __ vex no Branch of Servic —________ Highest rank: Serial #: — Duty Dates: From ff to yy, Date and type of discharge: ‘Are you now or have you ever been a Yes No IF Yes, state the branch of service, meetings, or camps: , pam From __/__/. pe Tp sea fine ‘member of a reserve unit or the National Guard? ie and location of your unit and whether you attend drilis, List any disciplinary action: List awards Are you eligible for re-enlistment? 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Explain why the Collier County Sheriff's Office should offer you a position; hove Drive experience nticement Kecentt, Cac0er aw Explain why the Collier County Sheriff's Office position means to you: 7: ZL Gn. exell in a fel, Het FT ony) Ft mens a Lifter Career Arve How did you learn about this vacancy (check only one): Print Ad (name of publication: ) Walk-in/Call-in Rete Ad (station: ecco sche ovine Agency Member: ‘Schoo! Announcement {Criminal Justice Academy: Military Outplacement Internet Ad or Site: Jobs Fair at: ¥ other: aicn0s that ave lozed by CCL. 1, Are you a licensed Florida automobile aperator or chauffeur? Yes Nn License Not Date of Expiration Restrictions: Adee 2, Do ¥au now hold or have you ever held an operator or chauffeur license in another state? ‘Oi ves No If yes, please provide state(s), license number, name used and approximate dates helt NY OL 3. Has your license ever been suspended or revoked?_Yes_(@_No If yes, please provide complete details including reason for suspension or revocation. 4. List all tickets or traffic violation charges (excluding parking tickets) including date, charge, court location and disposition. Apprax. 1987-90 _ Odea for Speeding Background Screening Disclosure Affidavit Social Security Number. The Collier County Sheriff's Office screens prospective members, including volunteers, to evaluate whether an applicant poses a risk of harm to the children, youth, and citizens it serves. Information obtained is not an automatic barrier to appointment to a position, however, the information is considered in view of all relevant circumstances. This disclosure ig required to be completed by all applicants who receive a conditional offer of appointment. Any falsification, misrepresentation, or incompleteness of this disclosure form is grounds for disqualification or termination. Initial answer under “yes” or “no” and provide brief explanation for a "yes" answer in the "Explanation" section. Identify "yes" answer by number. Questions apply to your entire life -- whether as an adult or a juvenile and whether sealed or expunged. Lhave been convicted of Yes No IK 1. 2 felony, 2. rape or other sexual assault. 3. drug or alcohol offenses. 4. abuse of a minor or child, whether physical or sexual. 5. incest. 6. kidnapping, faise imprisonment, or abduction. 7. sexual harassment. 8. sexual exploitation of a minor. 9. sexual conduct with a minor. 10. annoying/molesting a child. 11, lewdness and/or indecent exposure. 12. lewd and lascivious behavior. 13. obscene literature, 14. assault, battery, or other offense involving a minor. 15. endangerment of a child 16. any misdemeanor of other offense classification involving a minor or to which a minor was a witness. 17, unfitness as a parent or custodian. 18. removing children from a State or concealing children in violation of a law or court order. 18. restrictions or limitations on contact or visitation with children or minors. 20. domestic violence -- any family member or significant other. 21. accusation of any of the above. 22. any misdemeanor involving false statement under oath or in official capacity. PEPLEEP TPE FRPP EPS bah PsP be bebe ba HT I Resigned under threat of termination of employment or volunteer work for: Yes No 23. sexual harassment. 24. drug or alcohol-related offenses. 25. use of force. 26. excessive absenteeism or tardiness. 27. theft. 28. threatening a co-worker or supervisor. HELA bbb 10: Organization Me: is Social Security Number 1. __List all clubs, societies, gangs which you are or have been a member: Name "City & State Former | Present (list position held and awe describe activity) == = 2 Are you now of have you ever been a member of any foreign of domestic organization, association, movement, group or combination of persons which has adopted, or shone PaNcY of advocating or approving the commission of acts of force or violence to deny omer persons! their rights under the constitution of the United ‘States by unconstitutional means? Yes No 3. Have you ever made a financial or other material contribution to any organization of the type described in question #2 above? ___ Yes No 4. At the time of your membership, participation, Exontribution, did you know of any unlawful aims of the organization? Yes No 5. Bid you intend to promote ay ult aims of he ergenzaton? ver %9)_ no JF you answered yes to any of the questions above numbers 2 through 5, explain your participation including name of organization, date, and location Nave elved a notice or summons to appear for lo If yes, please provide details below: List all such matters even if not formally charged, ar no court appearance, or found not guilty, or nolo contendre to any charge for which adjudication was withheld, or snatter settled by payment of fine or forfeiture of collateral. (Include all juvenile record(s) or records which have been sealed /expunged) [Date J Place & Dept. Charge ‘Court & Location Disposition 2. To your knowledge, has any member of your family ever been arrested for other than traffic violations? Yes NNo If yes, please provide details below: Charge Court & Location Disposition Date | Piace & Dept. Non-certified applicants go to Page 9 ‘Section 8: Credit Data ‘Social Security Number_ Do you haye aay sources of Income other than your salary or the salary of your spouse? Yes No Specify each with an estimated annual amount. 2. Are you or your spouse indebted to anyone?__Yes_No If yes, list all debts over $500. Be sure to include student loans and charge accounts. “AIS, list any debt where payment is past due, regardless of amount, Creator maaress “Amount | Loan oF Account —— Number ; AP RO Ripon 350 Corot Cty Meee ne creme ete these . : Pave We_ POD Pewseble- em 0 be : the lakes : _ PHB boy: he BRS] ZF 3. Have you, your spouse, or a company controlled by you fled for bankruptcy? veo) No Or declared bankruptcy? Yer” Wo Or had a egal judgment rendered Bain coe debt? __Yes _No If yes to any of these questions, provide details: 4. Have your accounts ever been placed in the hands of a collection agency or reported as a “bad debt"? ? Yes io. If yes, give details: ‘Section 9: Business Interests and Licenses 1. Be you or have you ever owned any stock or interest in any firm, partnership or corpecation {dealing wholly or partly in the sale or distribution of alcoholic beverages?” YesCanh No 2. Are you now issued or have you ever been issued a license to engage in a business or profession? ___yes No fantnee. in Saamay Suter ian PLA. 3. Have you ever ad a license (except driver's license) cancelled, suspended or revoked? Yes No 4 Be you own a business, or are you @ partner or corporate officer in any business or organization ‘ot listed previously as’a current or former employer? Yes No Ifyou answered "yes" to any of the above questions, please provide details including the type of license or certificate, the agency that issued the license, effective date of license and license number. Pleaded guilty to (whether or not resulting in a conviction) or nolo contendere or no contest to: Yes a PPI Bb BRR K papa bhcteg 29. any felony. 30. rape or other sexual assault. 31. drug or alcohol offenses. 32. abuse of a minor or child, whether physical or sexual. 33. incest. 34. kidnapping, false imprisonment, or abduction. 35. sexual harassment. 36. sexual exploitation of a minor. 37. sexual conduct with a miner. 38. annoying/molesting a child. 39. lewdness and/or indecent exposure. 40. lewd and lascivious behavior. 41. obscene literature. 42. assault, battery, or other offense involving a minor. 43. endangerment of a child 44, any misdemeanor or other offense classification involving a minor or to which a minor was a witness, 45. unfitness as a parent or custodian. 46. removing children from a State or ‘concealing children in violation of a law or court order. 47. restrictions or limitations on contact or visitation with children or minors. 48. domestic violence -- any family member or significant other. 49. accusation of any of the above. ‘50. any misdemeanor involving false statement under oath or in official capacity. Explanation Section: If you answered "yes" to any of the above, please explain. Refer to question number. Question Number Description (include dates) 10 Personal Inquiry Waiver Authority for Release of Information 14 nd To: Concerned Person or Applicants Name: Va a Mase Authorized Representative of Any Organization, Institution Date of Birth: or Repository of Records Social Security Number: respectfully request and authorize you to furnish the Collier County Suet s vince any and ail information that you may have concerning my employment and pre-employment records, Internal Affairs investigations, school record, military record, criminal investigations, feputation, and financial, credit status, background reports and polygraph examinations. All medical information will be requested post conditional offer. I authorize medical care provider to release information for the purpose of determining fitness for duty. Please include any and all reports including ail information of a confidential or privileged nature, and photostats of seme, if requested. This information is to be used to assist in determining my qualifications and fitness for the position I am seeking with the Collier County Sheriff's Office. Thereby release you, your organization or others from any liability or damage which may result from furnishing the information requested above. Must be signed in the presence of a Notary Public. WUix-/p HSV i> Appicants sonaplrd Bata’ Affidavit State of Florida County of Collier Subscribed and sworn to (or affirmed) before me on_! 1 |W JOD - py - Dal We © CONC HaME of applicant). He or she is Personally known to me or has presented AUDI Ch aa OFMICLAL NOTARY BEAL. wa Qs az Ree NOTARY pubEESenATECe PueaenA | Name: ee Title: Notary Public Commission Number: Expires: lt icant ion Gremewagvesconingent upon the results of a complete background investigation. ww ‘ground packet will be the basis for my disqualfcation as an plicant or my dismissal from ier County Sheriffs Office. {conser @ pelyaraph examination concerning te tuthtuess f my responses tothe information requested on the sppteaton and background information, ary physical examination, psychological examination, or drug test vil he fingerprinted. My employment or appointment wil be contingent upon the results ofa complete dus test I wl be cea Ae cud 2s during the tem of my employment or zppoiniment with the CSO, The use of dus o Btechal isnot permitled uring work or duty time, whether paid or unpaid, in he areas (including vehicles) where wok performed. Continued employment or appointment may be contingent upon the results of medical or psychological examinations rat [aye requ to take dung the tem of my employment or eppoiniment and te maintenance of pe soe Pysial fines, tothe degree necessary to perform salisfactoly the essential functions of my posion or assignment Ary employment or appointment offered tome wil te contingent upon my acceptance of compensatory ime of instead of cash, in payment for overime hours that | work, tothe extent atowed by law. The Sherif has the absolute dseretion ‘o substitute cash periodical, n whole o pa, for accrued compensatory time Fhe following types of information wil be collected during the appointment process: employment and education histories; medical, mila, insurance, credit and financial infomation: motor vehicle and police records; information Grout my abies femiy, character, style, and rganizaton memberships. Infomation vl be obtained by leer, by telephone, and by personal interview with both primary and secondary sources. | may be requied to fumish the CSO with a copy of my Income Tax Return forthe year preceding this application and each year during my employment or ~ppointment, This information is used as one element for appointment or emcloyment decisions | authorize any of the persons or organizations referenced in my application and background packet to fumish information, personal and otherwise, regarding my abilty and fitness for appointment to a positon with the CCSO. | relieve all such parties from any and al ibility for any damage that might result from furnishing such information tothe cso. | agree to conform tothe rues, regulations and orders ofthe CCSO and acknowledge tha such rules, regulations and orders may be changed, ilerpreted, withdrawn or added to bythe CCSO, atts isoreton, at any time and without any Prior noice tome. This form shal become the property ofthe CCSO and it and the information received in response to the background investigation, are subject to Florida's public record laws and possible disclosure | understand and agree to the above conditions and ceify that all statements made by me on tis background packet and application ae true, correct and complete, tothe best of my knowledge. | understand that my obligation to provide information is continuing in nature end that any changes, additions, deletions, ‘or corrections in the information provided shall be submitted as soon as possible bf for Dat Witnessed Item 7. Lee Sheriff’s Office Documents Bushong, Lee From: Lee County Sheriff's Office Sent: Wednesday, October 2, 2019 12:49 PM To: Bushong, Lee Subject: Public Records Request : P037965-100219 [= Dear Lee Bushong: Lee County Sheriff's Office received a public records request from you on October 02, 2019. You requested the following: "A complete copy of Carmine Marceno's application to the Lee County Sheriff's Office before his appointment as Sheriff by the Governor. An electronic copy is sufficient.” Your request has been received and is being processed. Please Note: Alll requests are completed in the order in which they are received. Additional information or clarification may be needed to fulfill your request. Failure to provide additional information or clarification within 10 business days will cause your request to be canceled and closed out. You will then be required to submit a new request. Research-intensive requests may require more than 10 business days to fulfill and may require a paid deposit before the request can be fulfilled. All deposit invoices are due upon receipt. Release of information requires payment in full. Additionally, any further requests may not be considered until unpaid invoices are paid in full. Please contact our office immediately once requested information is no longer needed. Payment for completed requests prior to cancellation is expected. If you wish to pick up the request, please contact us in advance. While use of GovQA for public records requests is not mandatory, requests submitted outside of the GovQA portal may delay the receipt of requested information, Sincerely, Public Information Office / Central Records Central Records Central Records To monitor the progress or update this request please log into the Public Records Center a 1 Date Received Lely ce Uae Oly LEE COUNTY SHERIFF’S OFFICE EMPLOYMENT APPLICATION FORM ‘The Sheriff's Office is an Equal Employment Opportunity Employer. We consider applicants for all positions without regard to,raco, color, national origin, sex, age, disability, marital status, religion or any other legally protected status. NOTICE: Please provide originals of the following documents: 1. Valid Florida Driver's License 7. Military discharge (s) and all DD-214"s 2. Social Security Card 8. Selective Service Card (if appli 3. Birth Certificate (from Vital Statistics) 9. IFLBICO certified, copies of ce 4, High School Diploma or GED. 10. Official college transcripts (if applicable) 5. Proof of marriage(s), divorce(s) or 11, Original naturalization papers (if adoption applicable) 6. All Florida vehicle registration (¢) in 12, Passport (if applicable) applicant's name POSITION APPLYING FOR: WY Deputy Sheriff (Corrections Clerk Correctional Officer (J Communications/Dispateh/911 (Law Enforcement Sponsorship Cicommunity Service Aide C8 Conections' Academy Sponsorship DaAuxiliary Deputy Other. INSTRUCTIONS Application must be handwritten legibly in ink or typed by the applicant, All questions must be answered. If space provided is not sufficient for complete answers or if you wish to furnish additional information, attach sheets of the same size as this application and number answers to correspond with questions, Tunderstand that the submission of this application does not constitute acceptance of employment or appointment with the Lee County Sheriff's Office. Moreover, I understand the Lee County Sheriff's Office is under no obligation to sponsor me as a candidate for any law enforcement training program, PERSONAL HISTORY 1. FullName Matceno CACMINE o Te Tae Nane y ia ‘ae Sa 2. Other: List all other names you have used maiden name, former name(s), alias(es), or luding circumstances and time periods you used them. (For example: ickname(s). Dates From Dates To Name Circumstances Monti/Year | Month/Year 3. Date and Place of Birth: Gly County | State ‘Country Utnot USAD Beane Ny ‘Ave you a United States citizen? RX] Yes []No Ifnaturalized, please provide: Page 1 Date Place ‘Court ‘Naturalization No. 5. Marital Status: ([] Married [) Divorced [1] Separated [1] Widowed [XJ Never Married 6. Applicant's Current Address and Phone Number City: County: State: Zip: Home Phone # CellPhone # 9. Children’s Names and Ages: Name ‘Age ‘Aaaress 10. Former Spouse(s) Name and Address and Phone Number: Name: ‘Address City County: Stat Zip: Home Phone: Cell Phone: 11. Are you currently related to any person employed by the Lee County Sheriff's Office? [1] Yes [XJ No If, yes please provide names (s) and current position held. 12, Are you now able to participate with or without accommodation in defensive tactics, firearms, physical training, operation of a motor vehicle, or otherwise perform the duties set forth in the job description of the position for which you applied? [X] Yes [] No 13, This position may require a physical agility test. If such a test or examination is required, would you need special accommodations to perform the agility test? [] Yes xj No 14, Explain what accommodation(s) you would need to perform these tasks or take the test/examination, ua Page 2 15. Do you now, or have you ever possessed, handled, used, or experimented with, supplied, or sold any narcotic or controlled substance such as, but not limited fo, marijuana, hashish, cocaine, LSD, amphetamines, heroin, steroids, er drugs (such as synthetic marijuana, K2, spice, bath salts, Bubbles, Bounce, Energy-1, Ivory Wave) or any drug of a similar nature? §X] Yes [] No a. Type of Drug: ag = USed 3 tines in hishschal Agy. 03 yeors «50 b. Circumstances: Stehud Gils - Use, Ase ak (7-18 Appr. 23 yeers age ©. Number of times possessed/supplied/sold: Took Duet pills Sumirs Searur year in hishschost + 90 ake wey 4. ate fist me pssesedsupplidsoi: ee ape ir i (i 16, Do you NOW or have you EVER tried, purchased, sold, delivered, manufactured or grown any illegal drugs? ("Tried” includes smoking, tasting, chewing, eating, drinking, sniffing, huffing, inhaling, swallowing, placing/rubbing on gums, lips, ot tongue; injecting, or ingesting by any other means.) Date last time possessed/sup Cheek all Name Used] First ] Last | Wot | Bought] Sold | Delivered | Made or Used | Used | Times Grew Used ‘Marjuma/THC yes ono | 1 HlghSihaal| 3 | oves avo | ovesdno | ove oxo [ov aso Hiash/Fiash Of ‘OvEs Jono ‘ves gio | Oves tino | oves Wino | ovEs tho PCP/Angel Dust ves no ‘aves gto | ove Sno | oves qno_| OvEs gro “Amphetamines ovis wno ‘ves gLyo_| OvEs gino | Oves gro | Oves ago Barbiturates ves NO Ows Hno_| oves Kno | oves gino | OES xno Speed ‘OvEs HNO ‘ves Uno | ovEs no | oves gino _| Oves RO ‘Mushrooms | ‘coves xo coves no | ves MNO | OES OO | OES OKO. Heroin ‘OYEs Jaro ‘oves Yxo__| oves deo | oves Bo _| oves wo Cocaine Oves Ano coves Uno | oes Aro | oves Kno | oves Ko Crack owes Bo ‘Oves Pino | oves xo | Oves otro | Ores Kno ‘Quaaides ‘aves no ‘Owes ono | Oves qno | Ove Bxo | Oves Seo Opium ‘ves Uno ons wo | ons Go | ves Kwo | Oves Uo ‘Methodone Loves Yino coves dno | ves tino | Oves gXNo_| OvEs Ano UppersDowners oes Bo ons Bo | oves goo | oves obo | oves ato Rohypaol (Ruffles) Os Yo ‘ves bino_| oves ano | ves (no | ovis Kno 1SD/ oes M0 owes do | ovss Mo [aves Guo [owes Ano ‘Crystal Meth ‘Oves Bo aves ano | oves ayo | oves gino | Oves Kno Thai Sick Ove TNO ‘aves xo | Owes Quo | oves BNO | Oves qo | ‘Mescaline (Peyote) ves Bo, ves xo owns ano | oves avo | oves no Eestasy ‘oves Bro | ves dao | oves dao | ove Feo | oves ro Excite OES Bn ves Fro | oves oxo | oves geno | oves Kno GHB/GHLIGHCIGBL | oves yano ‘oves ao | oves Gro | oves xo | ves Keo Benzaiine/Bennies ves Bino Oves ax | ves &wo | ove wxo | ves Kwo Ketanane/Special K ves tao ‘Oves Bo | ovEs Ono | Ove no | Oves Kno ce Yves ono [Ager Age i? [14 Pitts [rvs ono | oves Qwo | oves geno | Ovns no ar tess Page 3 17, Do you NOW or have you EVER sniffed, huffed, or inhaled any household, cleaning, work, or automotive products for the purposes of getting a buzz or a high. (Check all that apply below. Name Used to Get Buzz or High | Firat Used to Get | Last Used fo Get | #of Times Used to Get Buzz or High Buzz or High Buzz or High Nitrous Oxide | oves Bo Whippets coves Bro, White Out oves Bxo Model Glue ‘ves Uno Spray Paint ‘ovEs no Tighter Fl ‘oves tno ‘Shoe Polish ‘Oves Uno Gasoline ‘oves Uno Paint Thinner | oves tno Paint Stipper | oves Yano ‘Air Doster ves no Computer Air | oves xno ‘Aerosol ovis Uno. Freon ‘oes Povo Feltstipmarkers | oves thno Robber cement | oves tno Spay deodorant loves Bro 18. Do you NOW o1 3 have you EVER taken an over-the-counter medication for the purposes of getting a buzz or a high? ‘Check al that apply below. Name Tatentionally Used to | First Used fo Get] Last Used to Get | Wof Times Used to Get Get Buzz or High Buzz or High Buzz or High Buzz or High ‘Antihistamines ves Wino Decongestants owes Bo Cough Syrup ‘aves Bato Pain Relievers Tes BO | Roatiwashes Ds BHO Sleeping Aids Ts BHO Diet Pills Ove BO Robitussin DM Dy Oo CoriciinD res BHO Dexedrine Des eo Sudafed Bes iKo | DayquilNyquil aves VeRO | PDesigaerDrugs [Ova ro || pte mana 2, |_| ies pap at st, |_| Babies Bomes,Erewy™ | Libtergivaey | i Page 4 19. Do you NOW or have you EVER taken a prescription medication (whether prescribed to you or someone else) for the purposes of getting a buzz or a high? Check al thet apply below. Name Tatentionally Used to | First Used to Get | Last Used to Get] # of Thines Used to Get Got Buzz or High Buzz or High ‘Buzz or High Buzz or High Codeine ‘ves Kno Morphine oves to Percocet ‘Oves Kno Percodan ‘Oves xo ‘Oxycodone ‘Oves ho Hydrocodone ‘Oves ono Demerol ‘ves YO. Vicodin oves Do ‘Oxycontin ves Bro Ri ves no Flexural ‘ves Uno ‘Tylenol 3 coves no Celebrex ves 0 Paxil ves Yero Torazepan OES UNO ‘Alavan ‘Oves no Owes tno ‘ovss Yano coves tino owes Yno ves Bro ‘owes xo ‘ots Jano ‘owes Bo ‘oves Yhno ‘Ovss No ‘ves jANO ‘ves Mano Phenotarbital ves goo Fiorinal ‘Oves Kino Amyial ‘Ovss hwo ‘Seconal oves Yo Butisol ‘ovis Wo Tuinal coves Uno Tin ‘ovEs tno Dexedrine ‘Oves Bo Prelidin ‘Oves tno Dilauekd oes Wyo Page 5 20. Please provide name and address of next of kin or other person to be contacted in case of emergeney: Relationship: Business Phong] EDUCATION/TRAINING 5 Dates Attended | —T pia Yo arn High School ‘MontivYear ‘Years Graduate ‘Type of Name/Address | From To Completed 2 Diploma ay Paiak Wigh Seven ef 4 i Roel, Pasa Wah Sebo et br Janae | 1M gode yes _| Peoerts ‘i ieee : Dates Attended | Credit Hours | Did You College/University ‘Month/Year Farned Graduate ‘Type OF NamefAddress From to | que. sem |? | __ diploma SuPRIL Covsdy Comment 1440 | eae Wo GF under Qyr- Major ‘Minor Other Schools (Trade, Vocational, Business { Dates Attended | Credit Did You or Military) Month/Year | Hours | Aree Of | Graduate | Type of Degree or Name/Address From To_| Earned | Study 2 Certificate ie [aa | te flaw [yer [bert orc 1. Indicate any law enforcement edueation/training: Coes delivered “be _H,& D0. ty LEE. UR 2. Did you receive a certificate for this training? GQ Yes []No Certificate Number: 3. Describe any special abilities, interests, and hobbies including the degree of proficiency: Ourdvoc Sporls Pee hruckeu 4, Indicate any type of special license(s) Type of License sing Anthony Tacatlon First sued — | — Expiration Date 5. Indicate any special skills you possess and equipment you can use which may be related to law enforcement work. (Cor example: two way radio communications, breathilyzer, speed detection equipment, firearms, computers) Copes delwereh ta WiQ 6. Are you willing to work the following: Days IX] Yes []No Nights BX Yes []No Weekends [XJ Yes []No Holidays [Yes []No Evenings [Yes C]No Page 6 PERSONAL. REFERENCES & ACQUAINTANCES Personal References consist of six people NOT related to you by blood, marriage, or former marriage. ‘A Lee County Sheriff's Office employee may write you a letter of recommendation or may be used as a reference. We must have complete address and phone number information for your references. ‘Complete Name (Last, First, Middle Initial) ‘Home Address Prisco , Andrew City cD Years Acquainted 10 HomePhone [Cala i ‘ecupation Business Address ff Sheri Fe cy Tr ‘Stat fee [Zip 017 Business Phone | @¥4) | 253-49. ae ae rat, Middle Toial) Home Address CScoll_, Dave City — Lo zi Years Acquainted [5 HomePhone | (—) | _#] ‘Occupation Business Address nA Polue office City State a] Zip w/A Business Phone | G3) | ASS- 787 ‘Complete Name (Last, First, Middle Init ‘Home Address Pisano, Fronle City a i YearsAcquainted 36 wears Home Phone ‘Occupation Business Address 3314 —Tamun tal Say TF Shea he City Weeles State _f- | Zip gy Business Phone | (234) | 293- SY2u Social Acquaintances: Give three (3) social acquaintances who have known you well for the past five (5) years. ‘Complete Name (Last, First, Middle Initial) Home Address Y2p2 Silver fox dine Hobaica Psl City WeRes State [Zip 34119 Years Acquainted 16 pue HomePhone _[¢—)] PI ‘Occupation Business Address USS" eyecohve Pe F104 Docho City MAPes State & [Zip $410 Business Phone | (2%) ‘Complete Name (Last, First, Middle Initial) Sadat Jobe G Years Acquainted ‘Occupation Shea te Business Address Nia City wl State ol [Zip Tit Business Phone GD. B0j = US4 ‘Complete Name (Last, First, Middle Initial) Home Address “5051 Pelican Caluay Sled # 40 Calabeesi Steve. ___ [ety Boar SPrime State” g] Zip “34s ‘Years Acquainted ‘Home Phone ee Oceapation : Business adres AP Real Ese city we State la] Zip a] Business Phone [ M0) Q7a~ 3070 Page 7 ARREST HISTORY/COURT DATA Gen in 1989) 1. Have you ever been aeste, charged o recived notice or summons to appear for any ering] violation, regardless if the record was sealed or expunged? §X] Yes [JNo Goer: Ase (7 fickeP for pete & chat. 2. Have you ever received a ticket or been charged with a traffic violation (excluding parking tickets)? Bg Yes [] No 3. Toyour knowledge, has any member of your family ever been arrested for anything other than trafic violations? Ces RANo Iyes to question #1, #2, or #3, list all such matters even if © You were not formally charged © You had no court appearance; © You were found not guilty: © You pleaded nolo contendre to any charge for which adjudication was withheld; or © ‘The matter was sotted by payment of fine or forfeiture of collateral. include your juvenile record and records of your arrest(s), which have been sealed, if any). res | 4 Hes Denarnsy Charge Court & Place Disposition i Gof Dasmissel Relative’s Name |" Place & Department Charge | Court & Place Disposition Troy bir bpd eponne to queso PTs Appr, 87-1990 Speedin triket ia stebe of Florida Garett 4. Hlave you or your spouse ever been a plaintiff or defendant in a civil eourt action? L] Yes La No with Has any law enforcement officer ever detained you for investigative purposes? Bl Yes EXBNo~ “puss: Ss feat 6. Toyour knowledge, have you ever been, or are you now the subject of, ora suspect in, any criminal investigation? (¥es 4 No 7. Have you ever been fingerprinted for any reason (arrest, job application, military, etc.)? [XI Yes [] No tyes to questions #4, #5, #6, please provide details. Firace grinkek Gr (Law _Enforceneat Tilo's BUSINESS INTERESTS AND LICENSES 1. Doyou or have you ever owned any stock or interest in any firm, partnership, or corporation dealing: wholly or pptly in the sale or distribution of alcoholic beverages or pawn shops? [_] Yes [XNo 2. Are you now issued or have you ever been issued a license to engage in a business or profession? [Xf Yes [] No 3. Doyou own a business or are youa partner or corporate officer in any business or organization not listed previously asa curent of former employer? fg Yes [_] No 4. Was your license ever cancelled, suspended, or revoked? [] Yes No Ifyes t» question #1, #2, or #3, please provide details including the type of license or certificate, the agency that issued the license, effective date and license number "Tyg of LicenselCertieate ffective Dave isense Number - weepoas, veoh Ww 7 1656 Redestele Cicer fFele of Plorda (Grp 2006) SLICIE34 yyy EMPLOYMENT HISTORY ‘Starting with your current employer, plese list all previous employers, from the age of eighteen (18). Ifunemployed fora period of ‘ime, set forth dates of unemployment. Ifthe applicant does not wish for us to contact the current employer, please note in the margin "DO NOT CONTACT.” Itwill be necessary to contact your current employer witen it comes time to do your final background Dates Worked jonth/Veas Your Name of Name & Address of Employer m_ To _| Sulary | TisePosition | Supervisor | Leaving _| | Kame Mecaricl’s Dairy | « vi ren ‘Autres 15 fede nea G[se | eha [ars | Cheek = i“ if - e iy, sine Zip Rackey Cyn Ny Ip THpavtine | Meerie tery ‘Area Cole & Pome 6 31-744. 1502- OR rull Time Kame CM Prodvchen asin 157 Mesgher = [Gay |shne [Goo Sales | Carmme | Cane Coy Sate Broo oy WED BePanTime | MAreao | enforcement “Area Code & Phone UNA esp [ru Time e Name Suffite Coy fee Sgt met a awa eae eng TH witha eee Bf 29% | 8li9 | doo | Catrod Peltor Pa Gi, Sat Zip Shy ey Tipan Tine 5a -F TSS Cleat time 40%] fe bra) le eine ~ Uabderio |help fem Caran Tine | ¢ teurd) | "we test TE Uibhe. ‘Sheree Rembost_| employed Doran time [ir Anerew BRFu Time ‘Adres ST Fiwersida Cro} City, State, Zip NisPley 34 jou} ‘ren Gore & Phone s8| Name Mew Co, Sheritt i | dares 23 1 Tarmnicns teil EF y [-Giy,sinte.2in_Nafles od | text] Oe hen ee ane pane SUpnh ga ak weil lyjan | Jos | Suc] dmin = Fant Giy.8W6 Zip Wigly fe Part Tite bes (asd) Area cote mhon734)_253— JaGb Full Time. i hi ——$___| Pieese 0 wet Conte F cy Liat Time CES0 JURK) Geefeet ie & Phone nee Coruntime | hee chee to Sive Tae zai pute to oD Sheri Ff, Cy. datez Par Tine ‘Aen Code & Phone Crutine Thhanlegy- Name Aude Seen CPart Time ‘Area Code & Phowe Oru time Page 9 1, Have you ever been dismissed, asked to resign, or had any disciplinary action taken against you from any employment or position you have held? [] Yes [XINo Ityes, explain t following allegations of misconduct or unsatisfactory job 2. Have you resigned, or left a job by mutual agreem performance? |} Yes [XLNo It yes, explain: aoeeaee nf a 3. What other law enforcement agencies have you applied to? Name of Agene} ‘Application Date [Applicat cy pplicatic 4, Have you ever been a volunteer in any capacity for a law enforcement agency, i.e. Explorer, Auxiliary, Internship, ‘or Community Volunteer? [] Yes [2kNo_ If yes, please provide details: Name of Agency Year Position Held RESIDENCES ‘csdal places of residences - Stat with your eurren adres, Contin in chronological order, isting all past residences to your date of birth, including residences while at school and in the military. For college on-campus residence, give dormitory name, city and state. [fresidence in military service cannot be shown as street address, indicate complete military unit designation and location by city and state. If post office box, give location of post office. Dates Month/Year From Te ( Street Address County Page 10 DRIVING HISTORY 1, Doyou have a Florida operator or chauffeur driver's license? [X] Yes [] No License Number Date Restrictions [MEXS=jo4 - 7a -15 0-0 a: <4 Done 2. Doyou hold or have you ever held an operator or chauffeur license in another state? [QJ Yes [No ‘Operator | Chauffeur State Name Used “Approxiniate Date License Held Wa Ny | CAermning 0 Marceno I@| 1469— 1999 3. Have you ever been denied issuance of a license or have you ever had a license suspended or revoked? Coyes ino 1 yea, please provide complete details including why lease was revoked. N/AR 4, Have you ever been denied automobile insurance? (] Yes (No MILITARY HISTORY 1. Have you ever served on active duty in the Armed Forces of the United States? [] Yes KX] No Duty Dates Branch of Service Highest Rank Serial Number From To ‘Type ot Diseharge: [_] Honorable LJ Dishonorable ] General L] Medical L] Honorable Condition L] Uncharacterized 2, Ase you now or have you ever been a member of a reserve unit or the National Guard? [1] Yes [] No Ifyes, please provide details: ‘Attends Drills, Branch of Service Name of Unit Location of Unit, Meetings, or Camps 3. Were you ever court-martialed, tried on charges, or were you ever a subject of @ summary court, deck court, ‘ceplain's mast or company punishment, or any other disciplinary action while a member of the Armed Forces? Oyes F1No yes, please provide details: Date ‘Nature of Offense ‘Action Taken, Page 11 4 VETERANS’ PREFERENCE: Check the appropriate block if you are claiming veterans’ preference. Documentation substantiating your claim must be furnished at the time of application, If “yes”, plense give name of employé 4 NOTE: Under Florida law, veterans’ preference in employment is not uniformly applicable to all positions in the Sheriff's office; therefore, further information may be obtained from the Division of Veterans Affairs, P.O. Box 1437, St. Petersburg, Florida 33731. Are you claiming veteran’s preference? [] Yes [X\No Have you claimed and been employed using veterans’ preference since October 1, 19877 [] Yes GXLNo ORGANIZATION MEMBERSHIP ‘Are you now or have you ever been a member of any foreign or domestic organization, association, movement, ‘of persons which has adopted, or shows a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the constitution of the United States, or which seeks to alter the form of government of the United States by unconstitutional means? (] Yes [No Have you ever made a financial or other material contribution to any organization of the type described in question #1 above? [] Yes BdNo Ifyes to question #1 or #2, answer questions #3 and #4, Atthe time of your membership, participation, or contribution, did you know of any unlawful aims of the organization? (_] Yes [No Di you intend to promote any unlawful aims of the organization? [1] Yes [%]No I yes to question #1, #2, #3, or #4, explain. Include name of organization and location: ‘Name of Organization Location Explanation Page 12 CREDIT DATA |. Do you have any sources of income other than your salary or the salary of your spouse les No Specify each with an estimated annual amount. 2. Areyou or your spouse indebted to anyone fe i No If yes, please list all debts over $500. Be sure to include student loans and charge accounts, Also, list any debt where payment is past due, regardless of amount, ~ Cred cy Have you, your spouse, or a company controlled by you 4. Fle foror declared bankroll 0. Hada egal judgment rendered aginst you fora debrief No tyes to any of these questions, please provide details (inclucling the state where it occurred): Item 8. 11B-27.0011 F.A.C. Porta (xausdthve Goll. 11B-27.0011 Moral Character. (1) For the purpose of certification, employment, or appointment, pursuant to procedures established by paragraph 11B~ 27.002(1)(g) and rule 11B-27.00225, F.A.C., the employing agency is responsible for conducting a thorough background investigation to determine the moral character of an applicant, pursuant to section 943.13(7), FS. ©) The unlawful use of any controlled substances pursuant to rule 11B-27.00225, F.A.C., by an applicant for certification, employment, or appointment, at any time proximate tothe submission of application for certification, employment, or appointment, conclusively establishes that the applicant is not of good moral character pursuant to section 943.13(7), F.S. The unlawful use of any controlled substances specified in rule 11B-27.00225, F.A.C., by an applicant may or may not conclusively establish that the applicant is not of good moral character pursuant to section 943.13(7), F.S., depending upon the type of controlled substance used, the frequency of use, and the age of the applicant at the time of use. Nothing in this rule chapter is intended co restrict the requirements of section 943.13(7), F.S., to controlled substance use only. m request for reinstatement of certification shall include, if available, all prior Commission disciplinary records, agency inary records, vietim statement(3), oF citizen input. The Notice of Petition for reinstatement shall be published in the Florida ‘Administrative Register or in the jurisdiction of the petitioning agency. (4) For the purposes of the Criminal Justice Standards and Training Commission’s implementation of any of the penalties specified in section 943.1395(6) or (7), F.S., a certified officer’s failure to maintain good moral character required by section 943.137), FS. is defined as: (a) The perpetration by an officer ofan act that would constitute any felony offense, whether criminally prosecuted or not {(b) Except as otherwise provided in section 943.13(4), F-S., a plea of guilty ora verdict of guilty after a criminal trial for any of ‘the following misdemeanor or criminal offenses, notwithstanding any suspension of sentence or withholding of adjudication, or the perpeiration by an officer of an aet that would constitute any of the following misdemeanor or criminal offenses whether criminally prosecuted or not I. Seetions 316.193, 327.35, 365.16(I}(¢), (), 414.39, 741.31, 784011, 784.03, 784.047, 784.048, 784.05, 784.049(3)(), 784,046( 5), 790.01, 790.10, 790.15, 790.27, 794.027, 796.07, 800.02, 800.03, 806.101, 806.13, $10.08, 810.14, 812.014, 812.015, 812.14, 817.235, 817.49, 817.563, 817.565, 817.61, 817.64, 827.04, 828.12, 831.30, 831.31(I)(b), 832.05, 836.1202), 837.012, 837.05, 837.055, 837.06, 839.13, 839.20, 843.02, 843.03, 843.06, 843.085, 847.011, 856.021, 870.01, 893.13, 893.147, 901.36, 914.22, 934.03, 944.35, 944.37 and 944.39, FS. 2. Any principal, accessory, attempt, solicitation, or conspiracy, pursuant to chapter 777, F.S.. which had the crime been ‘committed or completed would have been a felony offense; or 3. The perpetration of an actin any jurisdiction other than the State of Florida, which if committed in the State of Florida would constitute any offense listed in this rule section, (6) The perpetration by an officer of acts or conde that constitute the following offenses: 1. Excessive use of force, defined as a use of force on a person by any officer that is not justified under section 776.05 or 776.07, F.S., ot a use of force on an inmate or prisoner by any correctional officer that would not be authorized under section 944.3501), FS. 2. Misuse of official position, defined by seetion 112.313(6), FS. 3. Having an unprofessional relationship with an inmate, det unprofessional relationship is defined as Having written or oral communication with an inmate, detainee, probationer or parolee, or community controllee that is intended to facilitate conduct prohibited by this rule section; or 'b. Engaging in physical contact not required in the performance of official duties, and is defined as kissing, fondling of the genital area, buttocks, or breasts, massaging or similar touching, holding hands, any other physical contact normally associated with the demonstration of affection or sexual misconduct as applied to all certifications, whieh is defined in section 944,35(3), FS. «, Engaging in a romantic association with an inmate, detainee, probationer, parolee, or community controlee. “Romantic association” is defined as the exchange of telephone calls, pictures, letters, greeting cards, or any other form of oral or written communication, which expresses feelings or thoughts of affection or the desire to engage in a romantic relationship whether emotional or physical. This subsection shall not apply to an officer who is legally married to an inmate, detainee, probationer or inee, probationer or parolee, or community controllee. An parolee, or community controlee in the community, nor does it apply to any officer who has no knowledge, or reason to believe, that the person with whom the officer has engaged in a romantic association is an inmate, detainee, probationer or parolee, or community controle. 4. Sexual harassment pursuant to and consistent with decisions interpreting 29 C.F.R. 1604.11, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when the harassment involves physical contact or misuse of offical position and when: ‘a, Submission to such conduct is made either explicitly or implicitly aterm or condition of an individual's employment; or , Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or «, Such conduct has the purpose or effect of unreasonably interfering with a intimidating, hostile, or offensive working environment. 5, Engaging in oral, anal, oF vaginal penetration by, or union with, the sexual organ of another person or engaging in anal or vaginal penetration by any other object while on duty, or at any time the officer is acting under the color of authority as Commission-certified criminal justice officer, and not done for a bona fide medical purpose or in the lawful performance of the officer's du 7 scope feris OF attempts to subvert the State Officer Certification Examination process pursuant to rule 11B-30.009, FAG. 8. Concut that subverts or attempts to subvert the Basic Abilities Test process pursuant to subsection 11B-35.0011(1), FAC. 9. Conduct that subverts or attempis to subvert the examination process for Commission-approved training at a Commission- certified training school or an employing agency promotional examination process which shall include the following: «a, Removing from the examination room any of the examination mater b. Reproducing or reconstructing any portion ofthe examination, «Aiding by any means in the reproduction of any portion of the examination, 4, Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a past, current, or future examination , Communication with any other examinee during the administration of the examination. f. Copying answers from another examinee, or intentionally allowing one’s answers to be copied by another examinee during the administration of the exam 8. Having in one’s possession during the administration of the examination, any books, notes, written oF printed materials, or data of any kind, not supplied as part of, or required for, the test administration, 1 Falsifying or misrepresenting information required for admission to the examination. i. Impersonating an examinee. J Having an impersonator take the examination on one's behalf. k, Disrupting the test administration, |. Revealing the test questions or other information that would compromise the integrity of the examination. 10. Any overt, conspicuous, or public act of a sexual or simulated sexual nature which is likely to be observed by others. 11, Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another (oF so near thereto as to likely be seen except in any place provided or set apart for that purpose. 12, Willal failure of the agency administrator to comply with chapter 943, F.S., as it pertains to the Criminal Justice Standards and Training Commission or Commission rules. 13. Intentional abuse of a Temporary Employment Authorization, pursuant to section 943.131(1), FS 4, Misuse of Electronic Database. Willfully and knowingly accessing an electronic database within the trust of an officer, by using said database to access restricted information for an illegitimate or personal purpose with bad intent. Bad intent may be ‘evidenced by: 4. A pattem of misuse that demonstrates improper necesses or violations. b. Ifthe violation occurred after the officer received agency or Commission discipline for improperly accessing a computer database, or afler the officer received formal training on the database(s) that includes provisions on the improper use of said database(s), lvidual’s work performance or creating an ¢. The existence of a current or past non-amicable or otherwise contentious relationship between the officer and the subject of the query, oF when the purpose of the query isto identify person(s) linked or associated to said relationshi <. Pre-textual queries based on age, race, sex, gender, or other personal identifying characteristics. ‘Any additional action taken by the officer as a result of the information obtained from the query, for example, retaining, copying, or reproducing the information obtained from the query, or disseminating information not listed as confidential or exempt in chapter 119, F'., obtained as a result ofthe query. 15, Discriminatory Conduct: 1. The perpetration by the officer of either a course of conduct or a single egregious act that evidences discriminatory conduct based on race, color, religion, sex, pregnancy, national origin, age, handicap, or sexual orientation, which does not involve an ‘expression of public concer, and which causes a clear and substantial belief in the mind of a reasonable person that the officer cannot perform the duties of office in a fair and impartial manner, with respect for the rights of others and laws of the state and nation; or '. Knowingly, willfully, and actively participating in any activity committed with the intent to benefit, promote, or further the interests of a “hate group”, as defined in section 874.03(6), Florida Statutes. ‘c. For the purposes of this section, an expression of public concer shall mean an expression by an individual as a citizen that relates to any matter of political, social, or other concem of the community. Expressions of public concern are determined by the content, form, and context of the given act or course of conduct, viewed by the totality of the record. (@)A certified officer's unlawful injection, ingestion, inhalation, or other introduction of any controlled substance, as defined in Section 893.03, F.S., into his or her body as evidenced by a drug test in accordance with section 112.0455, 440.102 or 944.474, FS. (3) A certified officers failure to maintain good moral character as defined in subsection (4) of this rule section, by committing 1 violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted. If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officer’s failure to maintain good moral character as defined in subsection (4) of this rule section, shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agency's conclusion of the internal affairs investigation in which the false statement related to a material fact or within 10 calendar days of making the false statement, whichever occurs frst. For purposes of this subsection, the ‘employing agency's internal affairs investigation shall be deemed to be at a conclusion upon the investigator's execution of the statement required by section 112.533(1)(@)2. FS. (6) The employing agency shall forward to the Commission the agency's investigative report pursuant to procedures established in rule 11B-27.003, F.A.C., when an allegation has been made that an officer has failed to maintain good moral character, as defined in subsection (4) of this rule section, and has been sustained by the employing agency, or an act of conduct by the officer has resulted in the offcer’s arrest. The report shall be forwarded immediately upon separation of the officer from employment, or, if the officer is not separated from employment, within 45 days from the date an allegation has been sustained, as set forth in this rule section. (7) Commission staff's decision to initiate presentation of a case for a Commission Probable Cause Determination shall be ‘based upon the following conditions: (@) Whether the allegations against the officer constitute a violation of subsection (4) of this rule section or section 943.13(4), FSs (©) Whether ther nce of probable cause to support the fling of a complaint; and, (©) Whether a Letter of Acknowledgement is warranted pursuant to subsections 11B-27.004(7)-(11), F.A.C. Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.13(7), 943.1395(7) FS. History-New 1-7-85, Formerly 11B-27.011. Amended 7-13-87, 10-25-88, 12-13-92, 9-5-93, 1-19-94, 8-7-94, 11-595, 1-297, 71-99, 8-22-00, 11-5-02, 411-04, 11-30-04, 3-27-06, 3-21-07, 69-08, 4-16-09, 63-10, 5-21-12, 313-13, $2914, 7-29-15, 9-16, 81518

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