STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1290

)

FREDDIE SILLS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Room 106, Collins Building, Corner of Gaines and Adams Streets, Tallahassee, Florida, on September 6, 1978, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This cause came on to be heard upon the petition of Freddie Sills for a hearing on the denial of his application for a teaching certificate by the Department of Education. The issue presented is whether Mr. Sills should be issued a teaching certificate?

APPEARANCES

For Petitioner: Elise F. Judelle, Esquire

Department of Education Post Office Box 128 Tallahassee, Florida 32302

For Respondent: No Appearance

FINDINGS OF FACT

1. Notice of the hearing in this case was give in accordance with the applicable statutes and rules.

   
   

2. Freddie Sills applied for a teaching certificate to the Department of Education. Sills' application was tentatively denied on the basis that he had pled guilty to the crime of manslaughter on April 30, 1971, had been sentenced to imprisonment for 20 years, and was on parole at the time of his application.

   
   

3. Freddie Lee Sills requested a hearing on the question of the denial of his application.

   
   

4. The Department of Education introduced Exhibit 1, an indictment of Freddie Lee Sills for the premeditated murder of Margaret A. Knots; Exhibit 2, an autopsy report on the victim Margaret Knots; Exhibit 3, a record of the non- jury arraignment of Freddie Lee Sills indicating the entry of his plea of guilty to a charge of manslaughter; Exhibit 4, a judgment of guilt of Freddie Lee Sills for the crime of manslaughter; and Exhibit 5, a sentence of Freddie Lee Sills to imprisonment for 20 years for the crime of manslaughter. All of the foregoing

   exhibits bear the certificate and seal of the Court of Orange County, State of Florida.

   
   

5. No evidence was received in support of the application of Freddie Lee Sills for a teacher's certificate.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 231.17, Florida Statutes, provides that an application for certification as a teacher may be denied on the grounds stated in Section 231.28, for revocation of a teacher's certificate. It provides in pertinent part that the Department of Education may revoke the teaching certificate of any person provided it can be shown that such person has been convicted of a misdemeanor or felony . . . or otherwise violated the provisions of law. Subsection 3 of Section 231.28 provides that a plea of guilty in any court shall be prima facie proof of the grounds for revocation of the teaching certificate as listed in the first subsection of Section 231.28, Florida Statutes.

   
   

7. By its introduction of certified copies of the records of the Circuit Court of Orange County, the Board has presented prima facie proof of the fact that Freddie Lee Sills pled guilty to the crime of manslaughter in the killing of Margaret Knots by strangulation. The Department has met the burden of proof and has presented evidence that its denial of the application of Freddie Lee Sills was for good cause.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law the Hearing Officer recommends that the application for a teaching certificate of Freddie Lee Sills be denied.

DONE AND ENTERED this 11th day of September 1978 in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Elise F. Judelle, Esquire Post Office Box 128 Tallahassee, Florida 32302

Mr. Freddie Lee Sills 6510 N.W. 30th Avenue Miami, Florida 33142

Docket for Case No: 78-001290

Orders for Case No: 78-001290