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Dr. Lee C. Bushong Address protected by FSS 119 October 14, 2019 To: Governor Ron DeSantis Attorney General Ashley Moody The Capitol The Capitol PL-O1 400 S, Monroe Street Tallahassee, FL 32399; Tallahassee, FL 32399-0001; Commissioner Rick Swearingen And concerned members of the public, Florida Department of Law Enforcement PO Box 1489 Tallahassee, FL 32302-1489; The Lee County Sheriff, Carmine Marceno, as 4 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 CISTC Form 68 and 76 that contained fraudulent and/or misleading information, Form 68 contained an affirmation which was notarized. Count 2. §837.06 False official statements: Carmine Marceno did make false statements in writing with the intent to mislead a public servant in the performance of his or her duties as witnessed by the deceptive applications to take the equivalency of training exemption (Form 76 and Form 68) and applications to law enforcement agencies within this state. Count 3. _§943.13(9) Officers’ minimum qu: intment: 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. Count 4. §943,13(9)(a) Officers’ minimum qualifications for employment or appointment: 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 swom officer in another state for at least 1 year. Carmine Marceno may have completed a comparable basic recruit taining program forthe applicable criminal justice discipline in another state but Marceno did not serve 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. Carmine Marceno Complaint For the purposes of illustrated orientation, the following timeline is tendered. Marceno attends New F York municipal police training 1998-1999 Marceno worked part-time a5 a seasonal officer, logging a total of 1203.5 hours of experience 1 0n2.ates foe 208 $30.3 for 302 Dats derived from Maneeno's applications, fom, and employment cords and are provided ih iis ete. Carmine Marceno Complaint 3 Carmine Marceno’s abbreviated tim« 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, 1998. At the time of requesting an equivalency of training exemption in Florida, evidenced by CISTC Form 76 (next bullet), he had a lifetime 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 on his CISTC Form 76 which was submitted on October 26, 1999. Rule 11B-27.0011 F.A.C, §837.06. 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, §837.06, 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 CJSTC 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. On August 2, 2000, Ginger Jones of Professional Standards sent a letter 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. On August 2, 2000, Marceno offered a letter of resignation. Marceno returned 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 December 13, 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. Carmine Marceno Complaint 4 Administrative violations Florida Administrative Code Rule 11B-27.001 (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 Rute 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. My signature is affixed to the end of this letter to meet the requirements set forth. Florida Administrative Code Rule 11B-27.001 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 Naples Police Department, the Collier County Sheriff's Office, nor the Lee County Sheriff's Office, but rather to your respective offices, The accused is no longer employed by the Naples Police Department or Collier County Sheriff's Office. He is the sheriff of Lee County and as such is the administrative head of that agency and I fear he would interfere with an investigation into this matter there. Therefore, this is provided directly to your offices for independent review. For your consideration, allow me to properly introduce myself. I am a former law enforcement officer and deputy sheriff in and for Lee County. I was hired by Sheriff John McDougall, and served under him, Sheriff Rod Shoap, and Sheriff Mike Scott. I served in many capacities as a patrolman, detective, homicide detective, patrol sergeant, detective sergeant, and lieutenant. While I do not physically reside in Lee County any longer, my geographical distance doesn’t diminish my love and concern for the citizens of Lee County and for the dignity of the Office of the Sheriff. 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 2078. 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, { urge concemed actors to replicate my findings and obtain any further formation 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 concemed citizen of Florida and a former citizen of Lee County and nothing should construe this as otherwise. Carmine Marceno Complaint 5 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 school 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: Perjury/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 1 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 CC671515), 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 sworn 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. In State v, Adkins (553 So.2d 294; 14 Fla. L. Weekly 2747), the 1 District Court of Appeals of Florida addressed the issue of perjury and held that false statements made before “an official authorized to take evidence under oath, including any referee, master in chancery, hearing examiner, commissioner, notary, or other person” are in fact criminal offenses. Further, the court held that in respect to notaries, FSS §117, “provides that ‘any person making a false oath before a notary public shall be guilty of perjury and be subject to the penalties, forfeitures, and disabilities that are prescribed by law in cases of perjury under chapter 837.’ This general reference to chapter 837 and the absence of specificity that false swearing before a notary public constitutes perjury in an official proceeding indicates a legislative intent that false swearing before a notary public may violate either section 837.02 or 837.012, or perhaps other sections in chapter 837.” Whether Marceno’s perjury is a misdemeanor offense or a felony offense is a matter of law, and I do not make a distinction here other than he violated a criminal statute. Further, in Dickinson v. Wainwright (626 F.2d 1184), an appeal from the United States District Court for the Northen District of Florida, held that a declaration, verification, certification, or statement before a notary constitutes perjury, and supports my position. 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 Carmine Marceno Complaint 6 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 swom 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 took notice and Ginger Jones wrote a letter (o Chief Steven Moore on August 2, 2000 informing him that Marceno twice failed the exam and had to attend a physical 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 1 of 7). The termination was internally completed on September 22, 2000 (Cert 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 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 still short of the statutory one year, through his temporary employment at Naples, and even that can be questioned. For the sake of a good argument, I'll 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 resumed 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 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 1999*, 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 norma! 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. 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. * 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. Carmine Marceno Complaint 7 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 uncommon 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. 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. 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 (§837.06). He never passed the state exam. 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's 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 Professional Standards 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 predating the Collier County application. 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 ina 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 from 1998-1999 but did not indicate whether this was a full- Carmine Marceno Complaint time or part-time position. He simply omitted information by not checking the boxes when asked to. 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 Floride academy. I believe that itis clear that Carmine Marceno did not comply with the applicable state statutes regarding certification and as such, is not and never was a legal law enforcement officer in the State of Florida. Therefore, I come before you and pray 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. If you need any further information, please do not hesitate to contact me. C iosfishmo Carmine Marceno Complaint CREAN AVWaYN Documents / Evidence Suffolk County NY Park Service seasonal employee pay records. 7 pages New York Article 15 membership applications. 4 pages. CISTC 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. State v. Adkins & Dickinson v, Wainwright Ttem 1. 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FDLE global profile 03/08/2019 Florida Department of Law Enforcement Global Profile Sheet Nam Carmine D Marceno Race: Wh Sex, M Education: High School Employment RS CST Voluntary Naples Police ‘Separation (Not Deparment LE | FT | ‘14/01/1009 | 08/25/2000 aol Y | 422411099 misconduct Roe Papa "Voluntary: ollier County Sheriff's . Separation (Not ‘office " | HE. Fr | otvori2o03..| 08/28/2013 iow N _ vannagne : misconduct tee Cammy Sherlfrs te | Fr | o62an013 N | 0610472013 Salary Incentive Pees i Betas Renn $0 $0 $40 $40 Mandatory Firearms Qualification Law E1 Gioneciecmcuuee te ciecieseuc nue! No Firearms found for this person Certification as Pee Do. Mand, Ret, [4 Year Broak in ate: Du RTL SLA Le | 229800 Active _ 3/07/2003 | 06/30/2023 12/40/2018 Topic There is no topic information available for this person Exam Carmine D Marceno 1 A 6/28/2000 Fail 7126/2000 Fail 10/30/2002 ‘ase No BAT Record Information found for this person Equivalency Application | Dacision | Approval. Advised Dat No Equivalency Records found for this person raining Fesease [eine | scnie | ra LENS in ° [Law Enforcement Exam aartarzo00 | ozrasi2000 | 38-2000-2101 | soav.o1 [paw enrorcement & 112 [Radar Speed Woasurement ‘o1/4gr2004 | 04/30/2004 | 93-2004-055-4 | 1905.07 |Training Course For Law 40 Enforcement Officers | to/oxrz008 | soroer2006 | 3320000352 | 2005.01 Sex Grimes Investigations 40 orieizo0e | 10/27/2008 | 33-2006-032-2 | 1987.01 |Special Tactioal Prabiems 40 [Laser Speed Measuring 2007-14496: Device (Ismd) Transition srrsizon7 —o7re7i2007 | 33-2007-1112.5 | 1998.10 Se ee ree ror Radar 12 loperators, ‘oz/on2cea | o2/ig2009 | 33-2000.054-4 | 1987.01 [Organized Crime 40 2000-4151- ‘Conducting Background aaiterze09 | asraorgo08 | 33-2009-11514 | 2005.04 weestications 40 WMDIICS Training for Certified Law Enforcement Officers Incident Command System (ICS) 4/30/2003 Carmine D NMarceno Ttem 5. Naples PD Documents Dr. Lee Bushong From: Dr. Lee Bushong Sent Thursday, October 3, 2019 12:05 PM To: PolicePRR@naplesgov.com Subject: FSS 119 Public Records Request [CO Marceno, Carmine D. 1. Any and alt 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 alll 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 ATTA are acceptable in lieu of hard copies. I 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 Naples 1 of = a Naples & et OCT-30-20 OL: 1eP Peerr ar nana Geen vane ge eee Se ‘TO WIBDAE IY MAY COMCERN; U CARMEPE Be, MARCHING AM RERIGHING FROM THE NAPLES POLICE DEPARTMENT Ab OF ADGUTT 2, 2000, THES 18 BECAUSE [ AMRELOCATING TO. DEW YORK. UF YOK MOULD RAVE ANY QUESTIONS PLEASE CUNTACT ME AT TRAN YOO, Cr — Naples & of 2 ? @ a RECrVED @ SEPARATION REPORT OCT 3.0 70ng ‘Thu above named employes has timed in: ‘Ory tdertication Card Cy property andr equipment enued to her, wth the fotowing exceptions, ¥ any: ina ck may te ewe, ls 8 SSS =_ Naples % oF 7 [loune: Sururesy, soxog yediorunyy Sages ONGAd FO GO Youn le ome © Roitersiesme-= nls __ Cite Poms _ Joba 8. Bw —— Ce tn nae erates tre Cer a of 9 poly or soyagne at sr eto coe ro pero of Seton 40 7, Prk Santon 20 esoon 09 way per Sle ate SLuS/ AT. _ rising fossa oo S61 Crete 93/02/2000 Cor s oF 4 Car 6&9 e wry POLICE AND EMERGENCY SERVICES DEPARTMENT ‘Chief Steven boore Ginger Jones, Professions! Standards Auagr Carmine Marceno - Certification Cah acer ma eetes seernenetin teeing seettnetion amore, | heme ‘the following from F.0.L.E. : - ‘Upon hie succauetty passing the exam, the only thing we would be eee ae ie etree eam te eee oes: J have attached the necessary paperwork for your review. Plesae advise your determination, wher . Thenk you. COPY Caer >of 9 CITY OF NAPLES TERMINATED EMPLOYEE (NAME [MARCENO, CARMINE 0. EOD 11/01/1999 TERM DATE Naples | Nasles 2 Memo To Chief Naples PD Chief, as per our earlier conversation regarding certification exams, Ihave learned the following from F.D.LE: + 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, Wages 3 Item 6. Collier Sheriff’s Office Documents Dr. Lee Bushong KS From: Dr. Lee Bushong EE! Sent: ‘Thursday, October 3, 2019 12:03 PM To: karie.partington@colliersherifforg; michelle.batten @colliersheriff.org; kristiiester@colliersherifforg;kristawillamson@colliersherff.org; kristine gill@colliersherft.org; jamie mosbach@colliersherifforg 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 alll CISTC Forms 76 bearing Carmine Marceno's name in possession of the Collier County Sheriff's Office. Electronic forms emailed to SATE 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 No: P009648-101119 Contact i 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 af Carmine Marceno's application to 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 laemne PD. ) ENC c Me Collier County Sheriff's Office Don Hunter, Sheriff Application Collier County Sherif’ Office is an Equal Opportunity Employer. We consider applicants for all positions without regard to race, color, national origin, sex, physical disability religion or any other legally protected status y This is your Instructions: Application may be printed, n your own handwriting, legibly in ink o type application If adltional space is needed, please refer to question number and add information on 8-1/2x11 inch paper. you ate provided a conditional offer ofa position, you will be required to complete ‘a questionnaire with detailed background information Once received by the CCSO, we must retain custody ofthe application.Portions ofthe application ace subject ro disclosure uncer Florida Public Records Laws. MAREN __ CARMINE Dominic (Last _) (First Name) (Middle Narve}, ‘Other: List all other names you have used with time periods used (e.g. maiden, former, aliases). Nowe Education List highest level attained yeor attained and type of degree tif applicable Quest below Au ASScATES Ove REGENTS thet School. OiPloma_, Law Enforcement or Corrections Oificer certification {stare when obtained and where} ONY State Completed _LAw iw Fe eo — m ae TRO ‘Are you willing to work shifts? at SET Nights: Yves No Evenings: yes No Weekends: Yes “No ‘Typing oF keyboarding speed: SL Computer programs (software) used in your cutrent or prior position: 7 Military experience, applicable. st date(s) of active duty, branch, highest cank obtained and type of discharge. Nowe, _ Do you wish 10 claim Veteran's Preference? L2Yes BBN (Call for details) Have you had any disciplinary action from any employer inclutiing miitaiy? Yes No Ifyes, provide details below: Social Security Number, 9, Have you ever been convicted of, or pled guilty to,any criminal wiolation? L1Yes No _Ifyes;provide details below (including juvenile, expunged, sealed, and/or adjudication withheld) Date: Place Charge: Court location: ___ Disposition: _ ee eee 10. istall employment beginning with present employment, including summer and part-time positions while attending school for the past ten yeors.f unemployed for 2 period. set forth dates of unemployment. ee ae Reason for Leaving | Eolano Taw ck Maples) Ufer- Pres | Seo" we} owner | pla win bvemess Packets without complete information will not be processed, > If space is insutficient details shovid be attached on sheets of 8-1/2" x 11” paper. Indicate page aumber and question that corresponds with answers, > Once submitted, the CCSO is required to maintam custady of packet. We recommend that you make a copy of the completed packet for your records. % Portions of the packet are subject to disclosure under Florida’s Public Records Laws — including the fact that you have submitted an pplication, Fuil Neme: Crear Magci rosten(s)oreree: "000 Pare Deputy 0 SR. ___ socia) security Number Application Number cation and Trainin 1. List name and eddresses ofall high schoo's attended panama —Teramjfe Wears Competes] 6id you" Type a Dipoma | pradvate? | : sey Ss erent ero a haar ti Sept i | Sr Sp bP arade go ‘SR Hh aera ¥- a a (ees 2 ee [Saez i | yes | Regents dplen sienna a Sid cencnrtenecna seenterseenene | 2.__st allcolleges 4 ded (attach oficial ranserip: | Raaradess Fromrio Did you | Type of Daprée Awarded az ° | Cemmbtetea (pd | peeeoceeee Saray Comme | zal -4 | | Test ender ayede ice i ee ee | i | t 7 i Bute Eee i: Pee | 3._other Schools (Trade, Vocational, usiness or Miltary): Name/Address From/To | Area of Study | Cradit Hours | Dic you | Type of Earned graduate? | degree or | eee — | eentfieate [Sv Coun y FE Te T4-47 | Rite Boealds | eae one | anknuan Revised 2/2001 ‘Section 4; Education and Tralnina (cont'd) _—‘Soclal Security Number__ 4 dndate any a everanegt gucmpzraa MAasomled defrtdabey 7 Het exgnlem pheno As a4 a a8 ) Shomledaed Fed Subneh ales Schou} Digs that mpsir evry Ssh shasta lee Wed epee: expat eek ls 4, stall law enforcement agencies (not listed as an employer) where you have apalied for a position, performed paid services, or pe-formed unpaid services; dates and results. nNuwe 5. List all internal affairs investigations of which you have been the subject (agency, time, charge, outcome) and attach details, f available ue ant i 6 List all exressive force charges placed against you, if applicable: Na Section 3: Residences 1. List actual places of residence for the past 10 years starting with the most recent. Include all addresses including while at school and in mitary. For college on-campus residences, give dormitory name, city, and state, [Fresidences in military service cannot be shown as street address, indicate complete military unit designation and location by city and state. If past office box, give actuai street address and location of post office, (Dates Fromits State May cx Peeves? ——| Hinks Ta Tie | ron i area cod Dates from/to | Address County | State Sly B= May or Yandiord Nome | Phone with” “| address ~~ area code Section 3: Residences (cont'd) Social Security Number ae [County | State 1 [Dates Froy o--,, | Address Bpal-74- er) Soe aac ue oa TLandiord Name ‘Address City ‘State Phone’ wit | i area code .7 ae Fromte [Address Tote Tat I Tandlord Name | Address city State | Phone with [ see area code (as : 1 List any additional addrestas, using formot above, on soparate sheet of paper Section 4; Military History 1. Have you eve served an active duty ote Ares Forces ofthe Unites states? —_ves © no Branch of Services Highest Rank Serial # ___ Duty Dates: From /_/__ Toff From__j__j__ Toff 2. Date and type of discharae: ss 3, Are you now or have you ever Been a member of 2 reserve uit he Nationa! Guard? Yes I Yes, state the branch of service, name and location of your unit and whether you attend dis, meetings, or camps 4, List any disciplinary actions: 5. Ust awards: __ 6. Are you eligible for re-enlisiment? _Yes__No. If no, provide details: ‘Section 5: Personal References and Acquaintances. So‘ 1. Personal References: Give three (3) references (not relatives, former or present employers, significant others, or in-laws) who are responsible adults of reputable standing in their ‘communities who have known you for at least the past three years. If reference is retired, list former occupation. Security Number_ a. Complate Name Years] Home adiress—~] Home phone with | Occupation known | includina cty/state | area code Aetie Nemes 2 [ 1) e5H- BUNT b. Complete Name Years [Home address [Home phone with | Occupation wih Kown__| including cty/state | aren ente business ghane cso Sofi Dave Merde 5 AH -B7A~ 1971 « ‘Complete Name Years | Home address Homie phone with] Occupation with | code _ Ne > Pome Het ondary | 2. Social Acquaintances: Give three (3) social acquaintances, other than those listed above, in your ‘own age group (including both sexes) who have known you well for the past five (5) years. a ‘Complete Name Years | Home address Home phone with] Occupation with Known _| including city/state | area code _[ business phone CSO Sof “trains y ST Carl a oe DH H3- 1376 A one Wars Yeats] Hama soars | Have phone wih] Occupation vith Koon _) hosing ctytate [Ses tese Busines phone 72 aa Mike Nemes | Atleest ie ¥ G3) 63+,9337) L te feaemnce tlie Sorte Wave Years [Hone saareis—] Home phone with | Ccempaton wih Known _ | including city/state | acea cade jusiness phone, (Ave Deweul) z PM Ponce, ck: @y saya 3 ‘Are you acquainted with any members of the Collier County Sherif Office? Tso, ist name(s) and your relationship ta ead t, ATi Cert! ection 6: Narrative Section Social Security Number___ plain why the Colle County Shei’ office should offer you a postion hie fae epiecienke fiaement, — Keeratl, aie ealncas ld ke fa ‘meke ee onto COLO shen Explain why the Collier County Sherif’s Office position means to you: a EE Gan 2 xe If na fi Hot enye4 Et mbes A me eee for. How did you learn about this vacancy (check only one): Print Ad (name of publication: in/Call-in Radio/TV Ad (station: Tt) _ CCS Ibs Hotline Agency Member: Criminal Justice Academy:. ‘Schoo! Announcement Military Outplacement Internet Ad oF Site: Jobs Fair at: Horner _Faveads thet ave employed 4 Ce. 1. Are you licensed Florida.automobile aperator or chauffeur? Yes Nn License No Date of Expiration Restrictions: Nowe 2. DoYQU now hold or have you ever held an operator or chauffeur license in another state? Yes 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. Ust all tickets or traffic violation charges (excluding parking tickets) including date, charge, court, location and disposition. Agpex. ge7-7 coded fur Sprading nH 9 ie sve gf Locsin Background Screening Disclosure Affidavit Social Security Number. ‘The Collier County Sheriffs 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 abtained is not an automatic barvier to appointment to a position, however, the information is considered in view of all relevant circumstances. This disclosure is required to be completed by all applicants who rece’ve a conditional offer of appointment. Any falsification, misrepresentation, or incompieteness 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. Thave been convicted of: Yes a felony. rape or other sexual assault, drug or alcohol offenses, . abuse of @ minor or child, whether physical or sexual. . incest. kidnapping, false imprisonment, or abduction. sexual harassment, sexual exploitation of a minor. sexual conduct with 8 minor ‘annaying/molesting 8 child + lewdness and/or indecent exposure lewd and lascivious behavior, 13, obscene literature 14. assault, battery, or other offense involving a minor. 15. endangerment of @ child 16. any misdemeanor or ather offense ciassification involving @ minor or to which a minor was a witness. 17. unfitness as a parent or custodian. 1B. removing children from a State or concealing children in violation of a law or court order. 19, 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. PeNaweune FPPC EPS oh PsPPaPeh be bebeb babe Resigned under threat of termination of employment or volunteer work for: Yes No — 2X 23. sexual harassment = 24. drug oF alcohol-related offenses. = 25. use of force, = 26. excessive absenteeism or tardiness OSE 7 ther. —— “K 28. threatening a co-worker or supervisor. ‘Section 10: Organization Membership Social Security Number Nal List all clubs, societies, gangs which you are or have been # member: ie | City & State | Former | Present (list pos wee { Zl { describe activity) jon held and 5 Are you now of have you ever been a member of any foreign of domestic organization, association, movement, group of combination of persons Which has adopted, or shows 3 policy of advocating oF approving the commission of acts of force or violence fo deny other persons their rights under the constitution of we United States dy unconstitutional means? _ Yes. No Have you ever made a financial or other material contribution to any organization of the type described in question #2 above? _ Yes No At the time of Your membership, parspaion, yantrbuton, cid you know of sry unlawful aims of the organization? ____ Yes Did you intend to promote any uniawful alts of the organization? ve). No If you answered yes to any of the questions above numbers 2 through 5, expiain your participation including name of organization, date, and fecation sane isi section Leaat Actior ;ceived a notice or summons ta anpear for io. If yes, please provide details below: List al such matters even if not formally charged, of no court appearance, or found not guilty, or nolo contendre ta any charge for which adjudication was withheld, or matter settled by payment of fine or forfeiture of collateral. (Include all juvenile record(s) or records which have been sealed/expunged) Court & Location Disposition ee [Place & Dept. __| Charge (aa Tel [Bate jember of your family ever been arrested for other than ‘To your knowledge, has any mi No Uf yes, please provide details below: traffic violations? Yes Pia & DERE TT chatge eo w Tecate Breese Non-certified applicants go to Page 9 ‘Section 8; Credit Data Social Security Number 1 Do you hays ‘sources of income other than your salary or the Salary of your spouse? Xes. No Specify each with an estimated annual amount. 2. Are you or your spouse indebted to anyone? _Yes __No I yes, ist all debts over $500. BBe sure to include student loans and charge accounts, AISO, list any debt where payment is past due, regardless of amount. Gredor Taare Ta ear ere | wi T Beal] F AF ROR Ripon 350 Coremt Cty | sp. g08 Bret mp terme ty zig - ' Bove B&_ 700 aventeblen Salle wag the Takes ‘ US [row PO be 6 ays “he Foo 3. Have you, yaur spouse, ar a company controlled by You filed for bankruptcy? YesC@) No Or deviaréd bankruptey? Yes" No Or hada legal judgment rendered again you Tor @ debt Yeo “INo’ifyesto any ofthese questions, provide detal 4. Have your accounts ever peen placed in the hands ofa coletion agency or reported as a “bed Hebe 7 ves CRS Teves, ave deals: 1. Bo you or have you ever wed any stock or interest in any frm, partnership oF conpaxation dealing wholly or party inthe sale or distribution of alconole beverages?” Yess). No 2 ‘Are you now issued or have you ever been issued a license to engage in @ business or profession? vesC@D no. Pueinae in Fanny Suen wa ELAR Have you ever had a license (except driver's license) cancelled, suspended or revoked? Yes Wo Do you own a business, or are you a partner oF corporate officer in any business or organization not listed previously as'a current or former employer? __Yes No If you 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; i MYL TE TEEUEEEEEP EEE PAPI Ri PSPS pK be apt py 29. any felony. 30. rape or other sexual assault. 31. drug oF 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 minor. 38, annoying/molesting a child. 39. lewdness and/or indecent exposure. 40. lewd and lascivious behavior. 41. obscene literature. 42. assault, battery, or other affense 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 a5 a parent or custodian, 46. removing children from a State or conces court order. 47. restrictions oF limitations on contact or visitation with children or minors. 48. domestic violence -- any family member ar significant other. 49, accusation of any of the above. SQ. any misdemeanor involving false statement under oath or in official capacity. ling chitdren in violation of a law or 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 ce Ya 1 om NA To: Concerned Person or Applicants Nama! Authorized Representative of Any Organization, Institution bate of Birth oF Repository of Records Social Security Number: Lrespectfully request and authorize you to furnish the Collier County suet s uirice any 2nd all information that you may have concerning my employment and pre-employment records, Internal Affairs investigations, schoal record, military record, criminal investigations, reputation, and financial, credit status, background reports and polygraph examinations. All medical information wit! be requested post conditional offer. I authorize medical care provider to release information for the purpose of determining fitness for duty. Please include any ard all reports inciuding all information of a confidential or privileged nature, and photostats of same, 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. Ch. Vix fh Wy VY _ ‘Applicant's Signage 7 ate? Affidavit State of Florida County of Collier Subscribed and sworn to (or affirmed) before me on _! ihe OS. py Woourciirat. ise Ak SACO ait? or applicant). He oF she is personally known to me or has presented AUTON numa nt tenement) a8 identiation. 5 ae Caras, rua sn. eum Decors jarRcaDA | Name: ‘CORAAESIONNO. DIET Ee, Title: Notary Public Commission Number: _ Expires: 11 Applicant Certification My ot nt will te contingent upon the results of a comglete background investigation. EAM) ackground packet wil be the basis for my disqualification as an ‘apalicant or my dismissal from the Collier County Sherif’s Office, J cansent to @ polygraph examination concerning the vruthfulness of my responses fo the information requested on the application and backorcund infermation, any ahysical examination, psychological examination, ac drug test, | will be fingerprinted. My employment or appointment wil be contingent upon the resuls of 2 complete drug test. | will be required to take drug tests during the term of my eraplayment ot appointment with the CCSO. The use of drugs or ‘aloha is not permited during work oF diy time, whether aid or unpaid, inthe areas {inluding vehicles} where work is performed. Continued employrnent or appointment may be contingent upon the cesults of medical or psychologicab examinations that | may be zequied t0 take during the term of my employment or appointment and tne maintenance of personal physical fines, to the degree necessary, o pevform saistactoniy the essential functions of my position of assigninent. Any employinert ox appointment offered to me will be contingent upon my acceptance of compensatory time off, instead ‘of cash, in payment for overtime hours that | work, tothe extent alowed by lav. The Sheriff has the absolute discretion to subslitute cash periodically, in whole or part, for accrued compensatory ima. The following types of information will be collected during the appointment process: employment and education histories; medical, miliary, insurance, credit and financial informatian; molor veticle and police records; inlormation about my abities, family, character, ifestyle, and organization memberships. Infomation wil be cbiained by leter, by telepitone, and by personal interview with both prirany and secondary sources. | may be sequited to fumish the CCSO ‘wilh 8 copy of my Income Tax Return for the year preceding this application an each year during my employment ar appointment. This information i used 26 one element for appointment or employment decisions. ‘authorize any of the persons or organizations referenced in my application and background packet to fumish information, personal and othervise, regarding my ability and finess for appointment to a postion with the CCSO. 1 relieve all such partes from any and all lily for any camage thet might result front Turishing such information tothe cso, | agree to conform fo the russ, regulations and orders ofthe CC3O and acknowledge tha! such rules, reputations and ‘orders may be changed, imeroreted, withdrawn or added to by the CCSO, atts discretion, at any tre and without any ppror notice to me. This form shall become the property ofthe CCSO and it an the information received in respon the background investigation, are subject to Florida's public record las and pssibledisciosure. | understand and agree to the above conditions and certfy that all statements mare by me on this background packet and application are itue, correct and complete, to the best of my knowledge. | understand that my obligation to provide information is vantinuing in nature and that any changes, additions, deletions, ‘or corrections in the information provided shall be submited as soon as possible 42 Item 7. Lee Sheriff’s Office Documents Bushong, Lee Lee County Sheriffs Office Sent: Wednesday, October 2, 2019 12:49 PM To: Bushong, Lee Subject: Public Records Request : PO37965-100219 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 4 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 & 1 Date Received | [is ‘Office Use Oniy LEE COUNTY SHERIFF'S OFFICE EMPLOYMENT APPLICATION FORM ‘The Sheriff's Office is an Equal Employment Opportunity Employer. We consider applicants forall positions without regard to race, 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 applicable) 3. Birth Certificate (from Vital Statistics) 9. IE LE/CO certified, copies of ceitification 4, High School Diploma or GE.D. 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 (s) in 12, Passport (if applicable) applicant's name POSITION APPLYING FOR: {Xl Deputy Sheriff (Corrections Clerk (Correctional Officer J Communications/Dispateh/911 (Law Enforcement Sponsorship Cicommunity Service Aide C8) Corrections' Academy Sponsorship Dauxitiary Deputy other. INSTRUCTIONS Application must be handwritten legibly in ink or typed by the applicant. At 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 numbet answers to correspond with questions, 1 understand 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. Full Name — Maaceno CRRMNE o TR TastNene int wade Sai 2. Other; List all other names you have used including circumstances and time periods you used them. (For example: maiden name, former name(s), alias(es), or nickname(s). = Dates From Dates To Name Circumstances Month/Year | Month/Year 3, Date and Place of Bisth: cy County | State Country Ufnot USAY Brook 1 Ny 4, Ate youa United States citizen? EZ] Yes []No Ifnaturalized, please provide: Page | Date Place ‘Court ‘Naturalization No, 5. Marital Status: [] Married [] Divorced [] Separated [] Widowed [X{ Never Married 6. Applicant’s Current Address and Phone Number County: Cell Phon 7. Applicant's Social Security Nur: (| 8, Spouse's Name, Address and Phone Number: Name: ‘Address: [Gig: County: ‘State: Zipt ome Phone # ‘Cell Phone # 9. Children’s Names and Ages: Name 10. Former Spouse(s) Name and Address and Phone Number: Nam ‘adress: City: County: ‘Sta Zipe Home Phone: ‘Cell Phone? 11, Are you currently related fo any person employed by the Lee County Sheriff's Office? [] Yes (X]No If, yes please provide names (s) and current position held. 12, Are you now able to participate with or without accommadation 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 yon applied? IX] Yes []No 13. This position may require a physical agility test._If such a test or examinatior accommodations to perform the agility test? L] Yes DXNo <, would you need special req 14, Explain what accommodation(s) you would need to perform these tasks or take the test/examination. Na Poge 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 to, marijuana, hashish, cocaine, LSD, amphetamines, heroin, steroids, designer 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 = VSed 3 timed dn hughschual Agr. 23 yeors o50 Tee thi caper 50 08 (7-18 Appr. 23 yeers ego b. Cireumstanc ©. Number of times possessed /suppliedisold: Touk Def pills Sumics Senne yeor ce wa ae ake wit 4. Date first time possossed/supplied/sold: ON aen teens a) ee Date last time ponese/uptedsod [488 Aggrot 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, o tongue; injecting, or ingesting by any other means.) Check all thet apply below. Name Used] Fit | Last | Wot] Bought | Sold | Delivered | Madeor Used | Used | Times Grew Used Marjuana/THC ors ovo | iA AlshSdhed| 3 [ows ano | overdvo [ows ano [ons aso Hasb/Fiash O71 (OE Jano ves oo | Oves no | OvEs Kno | oves ohio PCP/Aagel Dust ‘Oves ro ves gto | ves Keno | OES Qo | OvES GRO ‘Amphetamines Os Bro ores gtv0 | oes tno | oves geno | oes ogo Barbitwates ves 10 ves Kno | ores Kno | oves xo | oves m0 Speed vss x0 ‘aves Kno | oves no | Oves no [owes Ro ‘Mushrooms ‘oves Bxo_ coves Ko | Oves ano | OvEs Ovo | OvES MNO Heroin ves No ‘owes Kno | oes eo | oves ao | oves Oho Cocaine ‘Dyes Pano ‘aves Kyo | oves Ano | oves Kyo | Oves eho Crack Oves Bno coves fino | ves dino | oves ano | O ves ano Qoaalades Ors Boo ‘ves Gio | oves wo | Oves Bro | oes Fo Opium Ovs too owes Ovo | oves do | owes woo [ov Ko ‘Methodone OES Kno coves no | oves ano | Ores GO | OES Kyo UppersDowners ‘OvEs Bro ‘ove Gx | oves Quo | OvEs Oto | OvES Kyo Rohypoo! (Rulliesy | oves gro oves wo | oves ano | oves {no | ov Kyo TSD/Acid ‘o ves BNO ‘oves avo | Oves Axo | Oves Quo _| OES Hho | Crystal Met ‘oves thro ows ayo | OvEs wo | oves atNo | OvES yo Thai Sick OvES BHO owes xo | ovEs Guo | Oves BNO | OvES qho | ‘Wescaline (Peyote) ‘oves wo ‘oves Kao | Owes ano | OvEs Gino | OvES HNO Bessy ‘vss Bro ‘owes Oxo | oves dao | oves Bo _| oes Kyo Becks ‘Oves Mo ovis Oho | oves Ono | oves gino | ves Kno GHB/GHL/GHCIGBL | oves ykno ows ao | ves Gro | oves ano _| Ores Bo Benzndine/Bennies | oves Wino ovis ano ove ao [Ove Bao | ves Seo Ketamine/Speci | oves too Ove Bro | ves Bo | Ovss wero | OvEs Kno Steroid ‘ives ono [AgerD Age? [14 Pils [uve ono | oves duo | oves weno [oves Bro or less Page 3 17. Do you NOW or have you EVER sniffed, huffed, or iahaled any houschold, 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 | First Used to Get] Last Used fo Get] Wof Times Used to Get Buzz or High Buzz or High Buzz or High Nitrous Oxide coves Davo ‘Whippets coves Bro White Out coves Boo [ Model Giue Os Bro Spray Paint ores ro ores Mono Shoe Polish ‘ove Uno. Gasoline coves Mno Paint Thinner OES no, Paint Siipper | ves ano ‘Air Duster ‘ves Yo Computer Air [owes ano ‘Aerosol Ota ro Freon coves Fano Felttip markers | oves (xo Rubbercement | oves no ‘Spray deodorant oves Oo 18. Do you NOW or have you EVER taken an ‘Check all that apply below. ‘over-the-counter medication for the purposes of getting a buzz or a high? Name Tatehtionally Used to] First Uned to Get] Last Used to Get | Wof Times Used to Get ‘Got Buzz or High Bezz or High Buzz or High Buzz or High ‘Antstamines ‘Owes no Decongestants ‘ves Bo Cough Syrup ves Bivo Pain Relievers Tes WHO Mouthwashes Ts BHO ‘Sleeping Aids ves Bro Diet Pills ows BO Robitwssin DME Ores DFO. CoriiiinD Tes BRO Ts Bao Tes Bo Tes Wo DesigoerDugs | Ovis Bro (oy ja, K2, ‘pie, rio, bas, Subtes Boe, Ene {very ee) 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 all that apply below. Name Tntentionaly Used fo | Firat Used to Get] Last Used fo Get | Wof Times Used to Get Get Buzz or High Burzor High Buzz or High Buzz or High Code Ores Ho a Morphine Ove Bao Percocet oes avo Pereodan os vo Oxyeodane oes Bo Hydrocodone ves ino Demerol vas Ho Vicodin ves pro ‘Oayeontin oves Bro Ritalin ‘Oves xo _ Flexural oes no Tylenol 3 vas vo Celebrex oes Ano Pax oves Wxo Torazepan ves Hy ‘Aeavan oes Vino Ephedrine ores Yano Darvocet ves Kno Torta ves Hvo Zomeg coves Kr Tyox oes Kyo ana ves Horo Tibia ores vo ‘ivan ves to Thorazine ores vo Valo vss m0 Cronopin ove vo Diazepe ra aad Phenobarbital ves we. Forinal owes fino Amytal ‘os so Seeonal ‘ows Oho Butisor ‘vs to Thinal over Ho Tana oes x0 Dexedine ores tix Pred Ors vo Dituaid coves Wyo = Page 5 20, Please provide namo and address of next of kin or other person to be contacted in case of emergency: Business Pho EDUCATION/TRAINING ‘Dates Attended Did You High School ‘Month/Year Years Graduate _Name/Addvess From To _ Completed 2 Toaky Pork High Conon beer ex [amo |B grode yen . . Dates Attended | Credit Hows ‘Did You College/University ‘Month/Year Earned Graduate ‘Type OF Name/Adivess From To Qt Sem. 2 Dipto [SURE Coody Comnesty 140 | me Wo | BaF onda Bye | ajor Minor Dates Attended | Credit Did You Month/Year | Hours | Aven Of | Graduate | Type of Degree or From To | Earued | Study 2 Certificate 7 Hoe Coody Pale Acad gi 1€ | law 1. Indicate any law enforcement education/training: _COPe3 2. Did you receive a certificate for this tiving? GQ Yes C]No Certificate Number: S.f.O. hy LEE. WR scribe any special abilities, inlerests, and hobbies including the degree of proficiency: Oudduse Sports, Lee hucke 4, Indicate any type of special licenses) ype of License Ticeasing Authority Expiration Date | 5. Indicate any special skills you possess and equipment you can use which may be related ¢o law enforcement work. (For example: two way radio communications, breathalyzer, speed detection equipment, firearms, computers) Coes delved tr 1.8 _ 6. Are you willing to work the folowing: Days [Xl Yes CJNo Nights] Yes C] No Weekends [8 Yes LJNo Yes (No ‘Holidays [RYes []No Evenings Pages PERSONAL REFERENCES & ACQUAINTANCES Personal References consist of six people NOT related (o 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 pl number information for your references ‘Complete Name (Last, First, Middle Foti) Home Address | Paseo , Andrews. cy Zi Years Acquainted {0 HomePhone —[( ‘Occupation Business Address yj Sheri FE ay we Stat nla [Zip a1 Business Phone | @¥%) | a53- 49. ‘Complete Name (Last, First, Middle Initial) Home Address) Driscoll, av Ciy| Stat Zi Years Acquainted |: Home Phone QO]. ar ‘Occupation Business Address ue Polue officem Ciy_ w]e State oe| Zin] Business Phone [3D | ASS- 178 Complete Name (Last, First, Middle Initial Home Address Pisano Fronle City tat Zi Years Acquainted 3 years Home Phone Occupation Business Addres? 4514 “Tammi tut 5d S| She iF City Wetles State | Zip gure Business Phone _[(a™) | 053- S4ac Social Acquaintances: Give three (3) social acquait intances who have known you well for the past tive (5) ears. 9° Goapels Name (Laat Fin Middle Ina Home Address qaqa, Sher Fox dine Hobaica PL City NePes State | Zip 3yug Years Acquainted 1 “piye Home Phone =e ‘Occupation Business Address SS eyecntue Prive #10 Doche City AF Tes State & [Zip $402 Business Phone | (25) | ¢35- 6233 ‘Complete Name (Last, First, Middle Initial) Home Address Dealt eg City tat Zi) Years Acquainted" G Hone Phone ‘Occupation Business AGATSS uid Sheriff City Ta ‘State MF | Zip v]i® Business Phone | (61) | 90) — TSG ‘Complete Name (Last, First, Middle I Home Address 505! Pelicea Cluny Side Goy Calabeesi Steve. City Bomber SPrimat State” GJ Zipp uypr Years Acquainted Home Phone [(_)| la ‘Occupation Business Address Pr Real Estee City vA State WA] Zip a]A- Business Phone [@I6)] Q7R- 3070 Page7 ARREST HISTORYICOURT DATA —Gpigy in 1987) L. Have you ever bees arrested, charged or reccived a notie or summons to appear for any criminal violation, ¢ regardless ifthe record was sealed or expunged? (Yes [JNo Giger Ase. (7 tucker Puss. of 2. Mave you ever received a ticket or been charged with a traffic violation (exelucling parking tickets)? BQ Yes (] No 3. Ta your knowledge, has any meinber of your family ever been arrested for anything other than traffic violations? Ci¥ex Bano Iyes to question M1, #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 ta any charge for which adjudication was withheld; or © The matter was settled by payment of fine or forfeiture of collateral, Court &F "Disposition uf | Dadenssel Court & Place Relative’s Name_| Place & Deparment —— ae Provide details foreach response to questions #1, #2, or #3:_Appe,F187-1990 Specdrig _Heket sa s tobe of Florida. 4 Hlave you or your spouse ever been a plaintiff or iant in a civil court action? L] Yes [No wh sestigative purposes? [X] Yes IfNo~ eo Gover 5. Has any law enforcement officer ever detained you for it 6. Toyour knowledge, have you ever been, or are you now the subject of, ora suspect in, any criminal investigation? Dyes No 7. Have you ever been fingerprinted for any reason (arrest, job application, military, ete.)? [XJ Yes [] No Finger grinbed “Ge Lau Enfecwnost Sibo's Hyes to questions #4, #5, #6, please provide details BUSINESS INTERESTS AND LICENSES 1. Do you or have you ever owned any stock or interest in any fitin, partnership, or coxporation dealing wholly or ppitly in the sale or distribution of alcoholic beverages or pawn shops? L] Yes [¥ No 2. Ave you now issued or have you ever been issued a license to engage in a business or profession? Sg Yes [] No 3. Doyou own a business or are you a partner or corporate officer in any business or organization not listed previously asa eurent oF former employer? ( Yes ] No 4, Vlas your license ever cancelled, suspended, o revoked? [1] Yes TXLNo yes ta question #1, #2, ov #3, please provide details including the type of license or cestifieate, the agency that issued the ficesse, effective date and license number: afl Tuulng Agency | —Biieatve De Tieense Number 5 “Camenleh weepoat | Stale of Flacide qleoln | Wirz ies6 Recdeslale Ciene fete of Ptorda — (Ayprx 2006) SLIGIGI4 puye of : ewe Seas $55 Teese Gag [oo [vo fetray | BE TIN Ee fenty GitysSite Zin Aes Sef} CP Time Crctued) | "business ‘Area Cole lone 334 305.4840, Fulltime [eee Ubhpes laden. ass ce | oun ‘ 7s Wate ste [Pa DiPantime [Ct aqnrew _ (SeFutt Time EMPLOYMENT HISTORY Stating with your eurrent employer, please list all provious ensployers, fom the age of eighteen (18), If unemployed for a petiod of Fime, set forth dates of unemployment. Ifthe applicant does not wish for 1s to contaet the current employer, please note in the margin “DO NOT CONTACT.” It will be necessary fo contnet your current exaplayer when it eames time to clo yonr final backaxound investigation Pa a i rn Dates Worked | Name ot | Reason for Name & Address of Euiployer Salney | Title/Position_|_ Supervisor Leavin [Name Mecaticle’s Driry 2 vu eres | Lams ne Os zs gpa larse | Clee kewa Mereese cin, Site 0 Rocky yak NY IDE | Pan Time Aven Code Phone (3}- 744.9502. [rut time Tame CM Profectun - wires 157 meager Are |iJan [slave Goo Sales Cermnes caw washer [Bracing | Maren | enfarcenen F “Code & Phone Ui y [RL Full Tine Lestenn titi 1 | a a Si Ce lt fal ; mut te Nae Ma eae ak doo | Cabri ee ay, sien STarhys oh Paine funda Mecarivte | Sater 3 ~ Fenily Busine SS Freese Dh nner Confle CESG Junky See wear Citys State, Zip C1 Part Tir [AreaCode & Phone — CQ eutt Tine hes cheale bo Give pene eeD ee eeEHHIEE Shei FF. er TDi Part Time Tiago ‘rea Coe Phone EA Fut Time | Name — ‘aes Z fut Cy, Sale, Zp Ty Pace Vime: “Area ote & Phone CFuitime aged 1. Have you ever been dismissed, asked to resign, or had any disc employment or position you have held? L] Yes GX No Hf yes, explain i cn agaist you from any 2. fave you resigned, or eft a job by inutuaf agreement following allegations of misconduct or unsatisfactory job performance? Yes DxNo Iyes, explain: ain 3. What other In enforcement agencies have you applied to? Nameof Aga Date [Application Status 4, Have you ever been a volunteer in axy capacity for a law enforcement agency, ie. Explorer, Auxiliary, Internship, ‘or Community Volunteer? {] Yes [ANo_ If yes, please provide details: ‘Name of Agency Year Position Held Z - RESIDEN Actual places of residences - Start with your current address, Continue in chronological order, listing all past residences to your date of birth, including residences while at school and in the military. For college on-campus residence, give dotmitory name, ety and state. If residence 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. ates Mosth/Vear From To | Apt | __ Street Address be cit County _| State [Mreseak 2.053 |s:faon.2.] 1] os Page 10 DRIVING HISTORY 1. Doyou have a Florida operator or chauffeur driver's license? [X] Yes [] No ‘License Number Date Restrietions MEXS= 104 - 73.-15 0-0 og one. Do you hold or have you ever held an operator or chauffeur license in another state? [Ql Yes GELNo Operator_| Chauffeur] State Name Used ‘Approximate Date License Held v Ny | CAemine 0 Marceno Se 1469-1999 Have you ever been denied issuance of a license or have you ever had a license suspended or revoked? DYes No IF yes, please provide complete details including why license was revoked. _M/ A ‘Have you ever been denied automobile insurance? [1] Yes [X| No MILITARY HISTORY Have you ever served on active duty in the Armed Forces of the United States? ["] Yes BX] No Duty Dates Branch of Service Highest Rank Serial Number From To ‘Type of Discharge: [_] Honorable L] Dishonorable [_] General L Medical [Honorable Condition [] Uncharecterized Axe you now or have you ever been a member of a reserve unit or the National Guard? ] Yes [] No Ifyes, please provide deta ‘Attends Drills, Branch of Service Name of Unit Location of Unit, Meetings, or Camps ‘Were you ever court-martialed, tried on charges, or were you ever a subject of a summary court, deck court, Captain's mast or company punishment, or any other disciplinary action while a member of the Armed Forces? Yes (No yes, please provide details: Date Place ‘Action Taken Poge 1 4. VETERANS’ PREFERENCE: Check the appropriate block if you are claiming veterans” preference. Documentation substantiating your claim must be furnished atthe time of application, 5. 6 If“yes”, please give name of employer: 4 NOTE: Under Florida law, veterans’ preference in employinent is not uniformly applicable to all positions in the Sheriff's office; therefore, further information may be obteined from the Division of Veterans Affairs, P.O. Box 1437, St. Petersburg, Florida 33731. Are you claiming veteran’s preference? [] Yes [XLNo Have you claimed and been employed using veterans’ preference since October 1, 1987? [] Yes No ORGANIZATION MEMBERSHIP ‘Are you now or have you ever been a member of any foreign or domestic organization, association, movement, group or combination 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? L] Yes [XLNo Hiave you ever made a financial or other material contribution to any organization of the type described in question #} above? [] Yes No Ifyes to question #1 or #2, answer questions #3 and #4, At the time of your membership, participation, or contribution, did you know of any unlawful aims of the organization? (_] Yes B{No Di you intend to promote any unlawful aims of the organization? L] Yes [X] No Ifyes to question #1, #2, #3, or #4, explain, Include name of organization and location: ‘Name of Organization Location Explanation Page 12 2. 3 CREDIY DATA Do you tave any sures of income oer than your salay oF the slay of your spouse es [No Specify each with an estimated annual amount. ‘Ave you oF your spouse indebted te anyone If yes, please any debt where payment is past due, regatdless of amount. Call debls over $500. Be sure to inetd student loans and charge accounts. Also, Have you, your spouse, or a company controlled by you a. Filed for or declared banksuptey? I] Yes No b. Had a legal judgment rendered ogainst you for a debra] Yes ff Uryes t9 any of these questions, please provide details (including the state where it occurred): Page 13 Item 8. 11B-27.0011 F.A.C. Clore Miuachehve Code. 11B-27,0011 Moral Character. (1) For the purpose of certification, employment, or appointment, pursuant to procedures established by paragraph 11B- 27,002(1)(@) 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. (2) The unlawful use of any controlled substances pursuant (0 rule 11B-27.00225, F.A.C., by an applicant for certification, ‘employment, or appointment, at any time proximate to the 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 118-27.00225, F.A.C., by an applicant may or may’ not conctusively establish that the applicant is not of good moral character pursuant to section 943,3(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 to restrict the requirements of section 943.13(7), FS., to controlled substance use oaly. 8) ritten materials submitte request for reinstatement of certification shall include, if available, all prior Commission disciplinary records, agency disciplinary records, victim statement(s), oF citizen input. The Notice of Petition for reinstatement shall be published in the Florida ‘Administrative Register or in the jurisdiction of the petitioning ageney (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 943.13(7), FS, is defined as: (a) The perpetration by an officer of an act that would constitute any Felony offense, whether criminally prosecuted or not (©) Except as otherwise provided in section 943.13(4), FS. a plea of guilty or a verdict of guilty after a criminal tril for any of the following misdemeanor or criminal offenses, notwithstanding any suspension of sentence or withholding of adjudication, or the perpetration by an officer of an act that would constitute any of the following misdemeanor or criminal offenses whether criminally prosecuted or not 1. Sections 316.193, 327.35, 365.16(1)(¢), (), 414.39, 741.31, 784.011, 784.03, 784.047, 784.048, 784.05, 784.049(3\(@), 784.046(15), 790.01, 790.10, 790.15, 790.27, 794.027, 796.07, 800.02, 800.03, 806.101, 806.13, 810.08, $10.14, 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(1b), 852.05, 836.12(2), 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, 954.03, 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 2 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 (€) The perpetration by an officer of acts or conduct 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, FS., oF a use of force on an inmate or prisoner by any correctional officer that would not be authorized under section 944.35(1)(), FS. 2. Misuse of official position, defined by section 112.313(6), F.S. 3. Having an unprofessional relationship with an inmate, detainee, probationer or parolee, or community controllee. An Lunprofessional relationship is defined as: 1. 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, which is defined in section 944.35(3),F.S. ¢. 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, leners, 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 parolee, or community controlee in the commonity, nor does it apply to any officer who has no knowledge, or reason to believe, that the person with whom the officer hss engaged in a romantic association is an inmate, detainee, probationer or parolee, or community, controlee. 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 a misuse of official position and when: ‘a, Submission to such conduct is made either explicitly or implicitly a term 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 an individual's work performance or creating an intimidating, hostile, or offensive working environment 5. Engaging in oral, anal, or vaginal penetration by, or union with, the sexual organ of another person or engaging in anal or vaginal penetration by any ather object while on duty, or at any time the officer is acting under the color of authority as a Commission-certified criminal justice officer, and not done for a bona fide medical purpase or in the lawful performance of the officer's du eee 3 ubvers of attempts to subvert the State Officer Cerifcation Examination process pursuant to rule {18-30,009, FAC. 8 Conduct tha subverts or attempts to subvert the Basic Abilities Test process pursuant yo subsection 1 18-35.0011(1), A.C 9, Conduct that subverts or attempis fo subver the examination process for Commission-approved taining at a Commission- certified training school or an employing agency promotional examination process which shall includ the following: a. Removing from the examination room any ofthe examination materials Reproducing or reeonstracting any portion ofthe examination c. Aiding by any mears in the reproduction of any portion ofthe 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 examination g. Having in one’s possession during the administration of the examination, any books, notes, written or printed materials, or data of any kind, not supplied as part of, or requited for, the test administration. h, Falsifying or misrepresenting information required for admission to the examination. i, Impersonating an examinee. | Having an impersonator take the examination on one’s behalf. k. Disrupting the test administration, J. Revealing the test questions or other information that would compromise the integrity of the examination. 10, Any overt, conspicuous, or public act ofa sexual or simulated sexua! nature which is likely t0 be observed by others |. Any willful and offensive exposure or exhibition of his or her sexual organs in public or on the private premises of another (0F so near thereto as to likely be seen except in any place provided or vet apart for that purpose. 12, Willful 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), F.S. 14. 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: a. A pattern of misuse that demonstrates improper accesses or violations. b. IF tke violation occurred after the officer received agency or Commission discipline for improperly accessing a computer database, or after the officer received formal training on the database(s) that inchides provisions on the improper use of said database(s). «. The existence of a current or past non-amicable or otherwise contentious relationship between the officer and the subject of the query, or when the purpose ofthe query is to identify person(s) linked or associated to said relationship. 4. 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 inchapter 119, FS,, obtained as a result of the query. 15. Discriminatory Conduct: «a. 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 concem, 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 @ 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 imerests of a “hate group”, as defined in section 874.03(6), Florida Statutes. «. 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, socal, or other concem of the community. Expressions of public concern are determined by the ‘content, form, and context of the given actor course of conduct, viewed by the totality ofthe record. (@A certified officer's unlawful injection, ingestion, inhalation, or other introduction of any controled substance, as defined in Section 893.03, F.S., into his or her body as evidenced by a drug cst in accordance with section 112.0455, 440.102 or 944.474, FS. (6) A centfied officer's 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 occured in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officers failure to maintain good moral character as defined in subsection (4) of this rufe 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 ofthe internal affairs investigation in which the false statement related to a material factor within 10 calendar days of making the false statement, whichever occurs fist. 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, F.S. (6) The employing agency shall forward to the Commission the agency's investigative report pursuant to procedures established inrule 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 officer's arest. 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 staf?'s decision to initiate presentation of a case for a Commission Probable Cause Determination shall be based upon the following conditos (@) Whether the allegations against the officer constitute a violation of subsection (4) of this rule section or section 943.13(4), FS; (b) Whether there is evidence of probable cause to support the filing 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(2) FS. History-New 1-7-85, Formerly 11B-27.011, Amended 7-13-87, 10-25-88, 12-13-92, 9-593, 1-19-94, 8-7-94, 11-595, 12-97, 7-7-99, 8-22-00, 1]-5-02, 4-11-04, 11-30-04, 3-27-06, 3-21-07, (69.08, 4-16-09, 63-10, 5-21-12, 3-13-13, 5-29-14, 7-29-15, 4-16, 8-15-18, Item 8. FDLE Documents Dr. Lee Bushong From: Or. Lee ushorG Sent: Thursday; October 3, 2019 11:35 AM To: publicrecords@fdlesstate flus Subject: FSS 119 Public Records Request ICO Marceno, Carmine D. Good morning, Pursuant to the provisions of FSS 119, | am asking for copies of the following items as they relate to Carmine D. Marceno, a law enforcement officer in this state and current sheriff of Lee County. 1. A complete copy of all CISTC Forms 76 from 1997-2019 associated with Carmine Marceno and associated/supplemental material he submitted to justify his exemption from taking a Commi enforcement academy. 2. Accomplete copy ofall CISTC Forms 58 from 1997-2019 and associated/supplemental material he submitted to justify his exemption from taking a Commission approved law enforcement academy. 3. 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. ion approved law Electronic forms emailed to leebushong@gmail.com 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. Thank you, Dr. Lee C. Bushong Item 9. State v. Adkins (553 So.2d 294; 14 Fla. L. Weekly 2747) Dickinson v. Wainwright (626 F.2d 1184) Page 294 553 So.2d 294 14 Fla, L. Weekly 2747 STATE of Florida, Appellant, v. Charles P. ADKINS, Jr. and Joan B. Adkins, Appellees. No. 89-884, District Court of Appeal of Florida, First District. Nov. 30, 1989. Page 295 Robert A. Butterworth, Atty. Gen. and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellant. Albert C. Simmons, Cedar Key, for appellees. WILLIS, BEN C. (Ret.), Associate Judge. ‘Appellants filed motions to dismiss challenging the State's second amended, multi-count information which named them and others in charges related to trafficking in stolen vehicles and vehicle parts. The trial court dismissed the perjury count as to both appellants and the conspiracy and RICO counts as to appellant Joan Adkins only. The State appeals. ' We affirm in part and reverse in part. ‘The trial court dismissed the perjury count for failure to state a criminal offense of perjury against either appellant and it dismissed the conspiracy count against Joan Adkins for failure to state a criminal offense of conspiracy against her. It dismissed the RICO count against her alone for failure to state a violation of the RICO statute because the predicate acts forming the basis of the charge against her in that count were only those alleged in the perjury and conspiracy counts which were dismissed as to her. ‘The perjury count charges both appellants with violation of section 837.02, Fla.Stat. (1987), "perjury in official proceedings.” The State alleged that in completing an application to obtain a certificate of title for a 1984 Toyota pickup truck, appellants falsely stated, under oath in an official proceeding, that the truck had been wrecked and repaired in such a manner as to leave off the vehicle identification number. ? Section 837.02, Fla Stat. (1987), reads in pertinent part: "Whoever makes a false Statement, which hhe does not believe to be true, under oath in an official proceeding in regard to any matter shall be guilty ‘ofa felony of the third degree...." (emphasis added). For purposes of contrast, section 837.012, Fla Stat (1987), which appellants were not charged under, reads the same but pertains to false statements made "under oath, [but] not in an official proceeding...” (emphasis added), Section 837.01 1(1), Fla Stat. (1987) states: “Official proceeding" means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence ‘under oath, including any referee, master in chancery, hearing examiner, Page 296 commissioner, notary, or other person taking testimony or a deposition in connection with any such Proceeding, ‘The proceedings contemplated by this definition statute are those conducted before governmental officials that are authorized to take evidence under oath, among whom are notaries and other enumerated officials. The statute details the capacity in which the government officials serve as being that of "taking testimony or a deposition in connection with any such proceeding.” Id. The statute does not by its terms contemplate that an official proceeding has occurred when an individual swears to the truth of a statement before a notary for the purpose of obtaining a certificate of title for a motor vehicle. Judge Zehmer’s analysis in Nessmith v. State, 472 So.2d 1248 (Fla. Ist DCA 1985)’ is instructive on this issue: With respect to notaries, Section 117.03(2), Florida Statutes, provides that "any person making a false cath before a notary public shall be guilty of perjury and be subject to the penalties, forfeitures, and disabilities that are prescribed by law in cases of perjury under chapter 837." This general reference to chapter 837 and the absence of specificity that false swearing before a notary public constitutes perjury in an official proceeding indicates a fegislative intent that false swearing before a notary public may violate either section 837.02 * or 837.012, * or perhaps other sections in chapter 837. This construction of the statute is consistent with the realization that notaries public not only swear persons in connection with official proceedings but also notarize many sworn statements~affidavits, agreements, and the like--which are frequently not related to a pending legislative, judicial, administrative, or other government agency proceeding. Id. at 1253. We have litte trouble concluding that the capacity in which a notary public serves in notarizing and witnessing a motor vehicle ttle application is not an “official proceeding” as countenanced by the perjury statutes. Nessmith adds, however, that itis seriously doubtful that the question of whether a proceeding is official or not should be decided as a matter of law. We find that conclusion inapposite in this case. That ‘conclusion was reached in Nessmith based on the premise that some sort of "proceeding" was involved, i.e. a deposition. The instant case does not involve any "proceeding" as that in Nessmith or as those in the ‘cases discussed in Nessmith. E.g., McCoy v. State, 338 So.2d 52 (Fla. 4th DCA 1976) (where the appellant had been subpoenaed to appear before the State attorney to testify about a matter under criminal investigation, was sworn and began giving information to him but the court reporter had to leave and the interrogation was continued by two police officers without a further oath); Schramm v, State, 374 So.2d 1043 (Fla. 3d DCA 1979) (an interrogation conducted solely by the police at a police station is not an official proceeding). In the conspiracy count the State named appellants and Peter Anton in a conspiracy to traffic or attempt to traffic a stolen 1983 Toyota pickup truck. The State asserted that Anton wanted to steal the tuck in order to sell its parts so he asked Charles Adkins to have the vehicle tag checked on the law ‘enforcement computer So that the truck could be located and stolen. The State alleged that Charles agreed ‘and had Joan check the computer because she had access to it. Joan allegedly obtained the address and furnished it to Charles who then furnished it to Anton Agreement and intention are necessary elements of conspiracy. Williams v. United States, 208 F.2d 447 (Sth Cir.1953), cert. denied, 347 U.S. 928, 74 S.Ct. $31, 98 L.Ed. 1081 (1954); see also Ashenoff Page 297 ¥. State, 391 So.2d 289 (Fla. 3d DCA 1980). The apparent basis for the trial court's dismissal of the conspiracy count as to Joan Adkins was that the information did not allege that she intended or agreed to in the theft of the pickup truck. However conspiracy charges brought by information or indictment can imply the necessary element of intent, proof of which, of course, is the prosecutor's burden at trial. United States v. Azzarelli Construction Co., 459 F.Supp. 146 (E.D.III.1978); State v. Smith, 240 So.2d 807 (Fla.1970). An indictment or information of conspiracy must contain a plain statement of the facts relied on as constituting the offense sufficient to apprise the accused of what is intended. Smith, 240 $0.2d at 809. It "should state the object or purpose of the conspiracy, but it is unnecessary to set forth the elements of the contemplated offense with the particularity and technical precision required in drawing an indictment or information charging the commission of such offense." Id. (citations omitted). We find that the information adequately alleged facts which the State intended to rely upon as constituting conspiracy and which were sufficient to enable Joan Adkins to know what was intended by the charge. See also State v. Mena, 471 So.2d 1297 (Fla. 3d DCA 1985); Florida Rule of Criminal Procedure 3.140(o ) (An information or any of its counts should not be dismissed unless the court finds that it is "so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense..."). The elements of intent and agreement may be implied from the alleged fact that Joan Adkins procured a motor vehicle registrant's address and the procurement was ultimately to facilitate theft of that registrant's vehicle. That theft wes the ultimate aim was also plainly set out in the information, Naturally, the State is obliged to prove that Joan Adkins intended to procure the address in furtherance of the -y (to procure the registrant's address so the thief would know the location of the truck he intended to steal) and that she had an implied or explicit agreement with another to do so (e.g., Charles Adkins, J.) Section 895.02(4), Fla Stat. (1987) of the Florida RICO Act proscribes conduct evidencing a "pattem of racketeering activity" which means "engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents..." In dismissing the RICO charge against Joan Adkins, the trial court stated that the information only alleged two predicate acts against her~the acts relating to the conspiracy charge and the acts relating to the perjury charge. Though we affirm the dismissal ofthe perjury charge, the predicate acts which led to the State's charge of felony perjury under section 837.02 could suffice as acts comprising a chargeable ‘offense of misdemeanor perjury under section 837.012. Section 895.02(1)(a)24 of the RICO Act indicates that among the chargeable offenses delineated in the Act are violations of "Chapter 837, relating to Perjury." The Act makes no distinetion between felony and misdemeanor perjuries. However, because the perjury charge delineated in the RICO count only alleges violation of section 837.02, felony perjury, dismissal of the RICO count against Joan Adkins was proper. We note that there appears no reason why the State should not be free to amend the information to charge misdemeanor perjury. Florida Rule of Criminal Procedure 3.140() allows amendment of informations on motion of the prosecuting attorney any time before trial because of formal defects. See State v. Johnson, 354 So.2d 902 (Fla. Ist DCA 1978). Dismissal of the felony perjury counts against appellants is affirmed, dismissal of the conspiracy count against Joan Adkins is reversed and dismissal of the RICO count against her is affirmed. ERVIN and NIMMONS, JJ., concur. 1 The notice of appeal was filed in the lower tribunal on April 3, 1989, two days before the order of dismissal rendered April 5, 1989. The notice of appeal is nevertheless not subject to dismissal; it was held Jimbo until the order was rendered. Williams v. State, 324 So.2d 74 (Fla.1975). 2 Section 319.23, Fla Stat. (1987) requires that an application for a certificate of title on a motor vehicle be swom to before a notary public or other officer empowered to administer oaths. 3 Nessmith held that there was no "official proceeding” where a claimant in a workers’ compensation case was deposed but he had not filed a formal claim for benefits and was not represented by an attorney. 4 False statements made in “official proceedings” are third-degree felonies. 5 False statements made, under oath, not in an official proceeding are first-degree misdemeanors. Page 1184 626 F.2d 1184 Enoch DICKINSON, Petitioner-Appellant, ve Louie L. WAINWRIGHT, Respondent-Appellee. No. 80-5700. United States Court of Appeals, Fifth Circuit. Unit B Sept. 11, 1980. Page 1185 Enoch Dickinson, Jr., pro se. Jim Smith, Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondent-appellee. Appeal from the United States District Court for the Northem Distriet of Florida. Before RONEY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges. PER CURIAM: Enoch Dickinson, a Florida state prisoner, filed a petition for habeas corpus in the district court challenging his convictions for burglary as an habitual offender. 28 U.S.C.A. § 2254. Below Dickinson's signature on the petition appeared what purported to be the signature of the officer before whom the petition was sworn and subscribed. Rule 2(c), Rules Governing Section 2254 Cases in the United States District Courts, requires that the petition "shall be signed and sworn to by the petitioner.” Because there was no indication that "the officer administering the ‘oath is a notary public or otherwise authorized to administer oaths,” the district court dismissed the petition without prejudice. Apparently dismissal was deemed appropriate rather than return of the petition for correction as may be done under subsection (e) of Rule 2. Since the district court denied petitioner's motion for a certificate of probable cause for appeal, petitioner now seeks such a certificate from this Court. An examination of the petition reveals that it should not have been dismissed. The form petition which Dickinson filed contained the following printed statement above his dated signature: "I declare that under penalty of perjury that the foregoing is true and correct." Apparently no one called to the attention of either the magistrate or the district court that an oath is not required when the petitioner declares under penalty of perjury that the matter contained therein is true. Section 1746 of Title 28, 28 U.S.C.A. § 1746, provides that: Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any maiter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, cath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public). such matter may, with like force and effect, be supported, evidenced, established, or proved by the unswom declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: «+. "declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)". (emphasis added). Since Dickinson's unsworn application for habeas corpus contains Page 1186 the precise words of this statute just above his signature, itis sufficient even though the certificate of oath may be defective. One who subscribes to a false statement under penalty of perjury pursuant to’section 1746 may be charged with perjury under 18 U.S.C.A. § 1621, just as if the statement were made under oath. Thus, the demands of the statutory requirement are met. The petition for a certificate of probable cause and for leave to appeal in forma pauperis is GRANTED. It is ORDERED that the appeal be docketed. The decision of the district court is VACATED insofar as it strikes the petition and dismisses the cause, and the case is remanded for further proceedings. Summary disposition of this case is appropriate. See Browne v. Estelle, $44 F.2d 1244, 1244-45 (Sth Cir. 1977); Groendyke Transport, Inc. v. Davis, 406 F.2d 1158, 1161-63 (5th Cir.), cert. denied, 394 U.S. 1012, 89 S.Ct. 1628, 23 L.Ed.2d 39 (1969). VACATED AND REMANDED.

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