The Florida Department of Law Enforcement has recommended suspending Broward Sheriff Gregory Tony's law enforcement certification for six months over allegations that the sheriff lied while applying for a new driver’s license in the past by failing to disclose his license had been suspended.
Following a February hearing, an assistant general counsel for the FDLE filed a recommended order Monday for the administrative judge to consider Tony guilty.
The recommendation mentions that "the offense of falsifying information on a driver license application is an act involving moral turpitude. Most importantly... the Sheriff of Broward County is inherently held to a higher standard due to his position being one of great power within the community. The position of an officer is one of great public trust and the Respondent’s calculated actions have broken that trust."
It also stated that Tony was "to be found guilty of failure to maintain good moral character."
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Alongside the six-month suspension of Tony's certification, the FDLE also recommended a year of probation and ethics training.
Tony's lawyers filed an 18-page recommended order Tuesday asking Judge Robert L. Kilbride to dismiss the case.
In the conclusion, Tony's lawyers mention the FDLE failed to demonstrate through evidence that Tony "knowingly made a false statement, concealed a material fact, or otherwise committed fraud" while applying for a driver's license.
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Tony's lawyers also claimed the FDLE "failed to introduce competent and substantial evidence to conclude that the questions regarding any prior driver’s license suspension are asked during the online application process."
Tony appeared via Zoom back in February for a hearing. The Florida Department of Law Enforcement filed the complaint back on June 27, 2022.
During the February hearing, prosecutors brought up a copy of Tony’s 2019 driver’s license application. Prosecutors also questioned the DMV worker who processed the application.
"Did you ask him whether or not his driving privilege had ever been revoked, suspended or denied in any state?" a prosecutor asked.
"I believe I did," Brittni Wong said.
The application shows that the question was marked with an "N" for "NO," which investigators say isn’t true.
Investigators said the sheriff’s driver's license had been suspended before in Pennsylvania.
Attorneys for the sheriff argued that the driver's license examiner who processed the application was in a hurry and used old information already in the system, which may not have been accurate.
The outcome will determine whether Tony can hold on to his police certification. If Tony loses his law enforcement certification, he would essentially lose his ability to act as a law enforcement officer but would remain in office because sheriffs are elected.
