Miami-Dade FL Lawyers | Mark Anthony Emanuele -- eLawyers

12-003278TTS BROWARD COUNTY SCHOOL BOARD vs AMY FINNK (2012)

Division of Administrative Hearings, Florida Filed: Oct. 09, 2012

Whether just cause exists to suspend Respondent's employment with the Broward County School Board, for five days for misconduct in office and immorality, as alleged in the Administrative Complaint.Petitioner failed to establish by a preponderance of the evidence that just cause existed to suspend Respondent's employment for five days for misconduct in office or immorality. Recommend dismissal of Administrative Complaint.

10-000629TTS BROWARD COUNTY SCHOOL BOARD vs ALEXANDRA KRALIK (2010)

Division of Administrative Hearings, Florida Filed: Feb. 09, 2010

In an Administrative Complaint dated January 8, 2010, the Superintendent of Broward County Schools gave notice of his intent to recommend that the Broward County School Board terminate the employment of a teacher, Alexandra Kralik. In a letter dated January 25, 2010, Kralik timely requested an administrative hearing. The request was referred to the Division of Administrative Hearings (DOAH) on February 9, 2010. The case was assigned to Administrative Law Judge John G. Van Laningham who set the case for hearing on April 2, 2010. On March 8, 2010, the parties filed a Joint Motion to Reset Final Hearing and the case was re-scheduled for June 1, 2010.Evidence consisting primarily of testimony of a 5-year-old alleged victim and 6-year-old classmate is insufficient to prove that kindergarten teacher used physical force to place crying/disruptive child in chair for timeout.

12-001601TTS BROWARD COUNTY SCHOOL BOARD vs RICHARD ALLEN (2012)

Division of Administrative Hearings, Florida Filed: May 03, 2012

The issue in this case is whether there is just cause to terminate Richard Allen's employment with the Broward County School Board based upon the allegations made in its Amended Administrative Complaint dated March 6, 2012.School Board failed to meet its burden and demonstrate just cause to terminate Respondent from his teaching position.

10-010094TTS BROWARD COUNTY SCHOOL BOARD vs SHERRY HARRIS (2010)

Division of Administrative Hearings, Florida Filed: Nov. 10, 2010

Whether just cause exists to terminate Respondent's employment for misconduct in office and immorality, as alleged in the Administrative Complaint.Respondent is guilty of misconduct in office by virtue of her inappropriate conduct during the administration of the FCAT to her class. Recommend termination of Respondent's employment with the school district.

10-009262TTS BROWARD COUNTY SCHOOL BOARD vs RICHARD ALLEN (2010)

Division of Administrative Hearings, Florida Filed: Sep. 22, 2010

Whether there exists just cause to suspend Respondent from his teaching position for five days, without pay, for "misconduct in office" and "immorality," as alleged in the Administrative Complaint.Just cause did not exist to suspend teacher who violated school policy governing collection of money from students, where violation not shown to constitute "immorality" or "misconduct in office," as alleged in the Administrative Complaint.

10-010704 JOHN F. KOONS vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2010)

Division of Administrative Hearings, Florida Filed: Dec. 17, 2010

The issue is whether Petitioner must forfeit his vested benefits in the Florida Retirement System (FRS), pursuant to section 112.3173(3), Florida Statutes, due to Respondent's commission of an act of extortion, as defined in section 836.05, Florida Statutes.Agency failed to prove that county commissioner forfeited his FRS pension when he pleaded guilty to extortion because he did not commit the crime for profit, gain, or advantage to himself or any other person.

10-010168TTS BROWARD COUNTY SCHOOL BOARD vs DONNA LICHI (2010)

Division of Administrative Hearings, Florida Filed: Nov. 10, 2010

Whether Petitioner has just cause to terminate Respondent's employment based on determinations by two licensed psychologists that Respondent was not fit to perform her duties as a classroom teacher.Teacher's employment should be terminated because the teacher was not fit for duty.

10-001605CON ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC., D/B/A ODYSSEY HEALTHCARE OF CENTRAL FLORIDA vs HPH SOUTH, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION (2010)

Division of Administrative Hearings, Florida Filed: Mar. 25, 2010

Whether the Certificate of Need (CON) applications filed by Odyssey Healthcare of Collier County, Inc., d/b/a Odyssey Healthcare of Northwest Florida, Inc. (Odyssey), and HPH South, Inc. (HPH), for a new hospice program in the Agency for Health Care Administration (AHCA or the Agency) Service Area 5B, satisfy, on balance, the applicable statutory and rule review criteria to warrant approval; and whether such applications establish a need for a new hospice based on special circumstances, and, if so, which of the two applications best meets the applicable criteria for approval. Holding: Neither applicant proved the existence of special circumstances warranting approval of an additional hospice program in Service Area 5B. Although neither application is recommended for approval in this Recommended Order, both applicants, on balance, satisfy the applicable statutory and rule criteria. Of the two, HPH best satisfies the criteria.Neither applicant for a CON proved the existence of special circumstances warranting approval of a new hospice in Service Area 5B.

10-001863CON HPH SOUTH, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION; THE HOSPICE OF THE FLORIDA SUNCOAST, D/B/A SUNCOAST HOSPICE, AND ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC., D/B/A ODYSSEY HEALTHCARE OF CENTRAL FLORIDA (2010)

Division of Administrative Hearings, Florida Filed: Apr. 09, 2010

Whether the Certificate of Need (CON) applications filed by Odyssey Healthcare of Collier County, Inc., d/b/a Odyssey Healthcare of Northwest Florida, Inc. (Odyssey), and HPH South, Inc. (HPH), for a new hospice program in the Agency for Health Care Administration (AHCA or the Agency) Service Area 5B, satisfy, on balance, the applicable statutory and rule review criteria to warrant approval; and whether such applications establish a need for a new hospice based on special circumstances, and, if so, which of the two applications best meets the applicable criteria for approval. Holding: Neither applicant proved the existence of special circumstances warranting approval of an additional hospice program in Service Area 5B. Although neither application is recommended for approval in this Recommended Order, both applicants, on balance, satisfy the applicable statutory and rule criteria. Of the two, HPH best satisfies the criteria.Neither applicant for a CON proved the existence of special circumstances warranting approval of a new hospice in Service Area 5B.

08-002655 BROWARD COUNTY SCHOOL BOARD vs JEREMY SHAMASH (2008)

Division of Administrative Hearings, Florida Filed: Jun. 04, 2008

Whether Respondent committed the violations alleged in the Administrative Complaint and, if so, what disciplinary action should be taken against him.Just cause existed to terminate Respondent for misappropriating money he collected from selling tickets to the school`s homecoming dance that was sponsored by the student government organization he advised.

Mark Anthony Emanuele