STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDUCATION PRACTICES COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-287

)

EDWARD T. GOLDSTEIN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on June 29, 1982, in Tallahassee, Florida. The issue for determination at the hearing was whether respondent's teaching certificate should be revoked, suspended or otherwise disciplined for the reasons set forth in the petition executed on August 26, 1978.

APPEARANCES

For Petitioner: Craig R. Wilson

Ruffolo & Wilson The Law Building

315 Third Street

West Palm Beach, Florida 33401 For Respondent: No appearance

INTRODUCTION

By "Petition for the Revocation of Teacher's Certificate" executed on August 26, 1978, the Education Practices Commission, formerly professional Practices Council, seeks to revoke, suspend or take other appropriate action against the teaching certificate of Respondent Edward T. Goldstein pursuant to Section 231.28, Florida Statutes, on the ground that he did murder both his wife and his son. The then counsel for the respondent filed an Answer which admitted the jurisdictional matters alleged in the Petition and requested a stay of further proceedings until such time as the pending homicide proceedings against respondent had been resolved. It was alleged in the Answer that respondent had been declared incompetent and had been committed to a State Hospital.

In 1981, the Director of the Education Practices Commission forwarded the Petition and the Answer to the Division of Administrative Hearings for an administrative hearing. The case was originally scheduled for final hearing on June 9, 1982, in Broward County, Florida. Based on notice from counsel for petitioner that respondent's former counsel of record had indicated that be would not appear at the hearing, and the fact that there were no assurances that respondent had notice of this fact or adequate notice of the hearing, the June 9, 1982 hearing date was continued and the hearing was rescheduled for June 29th

in Tallahassee. Notice of this hearing was sent to respondent in care of the Avon Park Correctional Institute. Respondent did not appear at the hearing or otherwise communicate with the undersigned in any manner.

FINDINGS OF FACT

1. Based upon the pleadings and documents received into evidence at the hearing, the following relevant facts are found:

   
   

2. Respondent Edward T. Goldstein holds Florida Teaching Certificate No. 174841, Post Graduate, Rank II, valid through June 30, 1992, covering the areas of science, junior college, administration and supervision.

   
   

3. Based upon an investigation conducted by Police Detective Darron Peter Castiglione with the Hollywood Police Department, respondent Goldstein was arrested in September of 1977 and charged with two counts of first degree murder for the shooting and killing of his wife and son. (Petitioner's Exhibit 1).

   
   

4. Respondent was found to be incompetent to stand trial and spent several years at the South Florida State Hospital. By "Order to Transport" dated March 30, 1981, Arthur J. Franza, Circuit Judge of the Seventeenth Judicial Circuit, found respondent competent to stand trial and ordered him to be transferred from the Hospital and placed in the custody of the Broward County Jail.

   (Petitioner's Exhibit 6).

   
   

5. On June 1, 1981, respondent was indicted for two counts of murder in the first degree. (Petitioner's Exhibit 3).

   
   

6. After a trial, respondent was adjudged guilty of two counts of murder in the first degree by Circuit Judge Franza. (Petitioner's Exhibit 4). On February 18, 1982, Judge Franza entered his Order sentencing the respondent to life imprisonment with a mandatory minimum twenty-five (25) year sentence on each of the two counts, the sentences to run concurrently. (Petitioner's Exhibit 5).

   
   

   CONCLUSIONS OF LAW

   
   

7. Pursuant to Section 231.28(1), Florida Statutes, the Education Practices Commission has the authority to revoke the teaching certificate of any person provided:

   
   

   It can be shown that such person has been guilty of gross immorality or an act involving moral turpitude; has been convicted of a misdemeanor, felony, or any other criminal charge, other than a

   minor traffic violation; upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board; or has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which is the revocation of the teaching certificate.

8. The facts demonstrated in this proceeding illustrate that respondent has been guilty of gross immorality and actions involving moral turpitude and has been convicted of the felony offense of murder in the first degree. Having established these violations of Section 231.28(1), Florida Statutes, the petitioner is authorized to take appropriate disciplinary action against the respondent's teaching certificate.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that respondent be found guilty of violations of Section 231.28(1), Florida Statutes, and that respondent's Teaching Certificate Number 174841 be permanently revoked.

Respectfully submitted and entered this 28th day of July, 1982, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1982.

COPIES FURNISHED:

Craig R. Wilson, Esquire Ruffolo & Wilson

The Law Building

315 Third Street

West Palm Beach, Florida 33401

Edward T. Goldstein Inmate No. 08163

Avon Park Correctional Institute Avon Park, Florida

Joseph Varon, Esquire 2432 Hollywood Boulevard Hollywood, Florida

Donald Griesheimer, Director Education Practices Commission

125 Knott Building Tallahassee, Florida 32301

Docket for Case No: 81-000287

Orders for Case No: 81-000287