STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LOUEY F. CARTER, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2282

)

RALPH D. TURLINGTON, as )

Commissioner of Education, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was conducted in this matter on November 16, 1982, in Jacksonville, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Moses Meide, Jr.

817 North Main Street Jacksonville, Florida

For Respondent: J. David Holder

Post Office Box 1694 Tallahassee, Florida

Petitioner submitted an application to the Department of Education for a Florida Teacher's Certificate. The application was denied, and Respondent was advised of his right to seek a formal administrative hearing. Petitioner requested a hearing, and the matter was forwarded to the office of the Division of Administrative Hearings for the assignment of a hearing officer and the scheduling of a hearing. The final hearing was scheduled to be conducted as set out above by notice dated September 29, 1982.

The Petitioner testified as a witness on his own behalf and called the following additional witnesses: Marvin Grant, a teacher at the University of North Florida; Walter H. White, a principal employed in the Duval County School System; Ernestine Boston Rose Cox, a reading specialist employed at the Florida Junior College and a long-time friend of the Petitioner; Jimmy A. Johnson, a principal employed in the Duval County School System; and Nathaniel Glover, a detective sergeant employed with the Duval County Sheriff's Office. The Respondent called H. Paul Roberts, the Director of Personnel with the Duval County School Board, as its only witness. Petitioner's Exhibit 1 and Respondent's Exhibits 1 through 11 were received into evidence.

The Respondent has submitted a proposed recommended order which includes proposed findings of fact and conclusions of law. The proposed findings and conclusions have been adopted only to the extent that they are specifically set out in the Findings of Fact and Conclusions of Law which follow. They have been

otherwise rejected as not supported by the evidence, contrary to the better weight of the evidence, irrelevant to the issues, or legally erroneous.

ISSUE

The ultimate issue to be resolved in this proceeding is whether the Petitioner's application for a Florida Teacher's Certificate should be granted or denied. The Respondent contends that Petitioner's Teacher's Certificate was permanently revoked in 1978, and that the Respondent has not presented evidence that would justify the reissuance of a Teacher's Certificate. Petitioner contends that permanent revocation was not originally justified, and that his past conduct does not justify his being permanently removed from the teaching profession.

FINDINGS OF FACT

1. Petitioner has submitted an application for a Florida Teacher's Certificate. His application was denied by the Department of Education, and he has appealed that denial to the Education Practices Commission. Petitioner is qualified by age and academic background for certification as a teacher. The Department of Education contends that his application for certification should be denied because he is not of good moral character and has committed acts which would authorize the revocation of his Teacher's Certificate.

   
   

2. On or about September 21, 1971, Petitioner was adjudicated guilty by the County Court in Duval County, Florida, of contempt of court. He was fined fifty dollars. The contempt adjudication related to the Petitioner's failure to pay numerous parking fines. On or about July 2, 1973, the Petitioner was arrested and charged with carrying a concealed firearm, breach of the peace, and public intoxication. On September 5, 1973, Petitioner entered a plea to the offense of breach of the peace. The other charges were dismissed, and Petitioner was placed on unsupervised probation for a period of six months.

   
   

3. On or about September 20, 1976, Petitioner was adjudicated guilty of the offense of driving while intoxicated and ordered to serve ten days in the Duval County Jail. On March 15, 1977, Petitioner was adjudicated guilty of the offense of driving with a revoked driver's license and fined the sum of one hundred dollars plus court costs. On December 6, 1977, Petitioner entered a plea of no contest to the offense of "consuming alcohol where sold on lot" and was placed on unsupervised probation for a period of one month.

   
   

4. On August 24, 1973, Petitioner submitted an application for employment with the Duval County School System. The following question was set out on the application: "Have you ever been arrested for any offense other than minor traffic violations?" Petitioner responded that he had not been. This response was untrue. He had in fact been arrested and adjudicated guilty of contempt of court and, less than a month prior to submitting the application, had been arrested on other charges that were not minor traffic offenses. Petitioner's explanation for responding to this question in the negative was that he considered the contempt citation to be for minor traffic offenses and that he had not yet been adjudicated guilty with respect to the other arrest. The explanation is not worthy of being credited. Petitioner was employed with the Duval County School System based upon his application.

   
   

5. On September 19, 1973, Petitioner submitted an application for a State of Florida Teacher's Certificate to the Department of Education. The following question was set out on the application: "Have you ever been arrested or

   involved in a criminal offense other than a minor traffic violation?" The Respondent answered "No." The answer was false. A teaching certificate was issued to the Petitioner based upon the application.

   
   

6. While he was employed with the Duval County School System, the Petitioner falsified a request for leave. He submitted a leave request stating that his daughter was ill on September 20, 1976. In fact, Petitioner's daughter was not ill. He needed leave in order to appear in traffic court for sentencing for the criminal offense of driving while intoxicated.

   
   

7. By Order entered July 19, 1978, the State Board of Education permanently revoked Petitioner's Florida Teacher's Certificate. The revocation was based upon Petitioner's criminal convictions, Petitioner's falsifying his employment application, Petitioner's falsifying his application for a Florida Teacher's Certificate, and Petitioner's falsified leave request form.

   
   

8. On April 1, 1981, Petitioner entered a plea of guilty to the offense "unemployment compensation fraud" in the Circuit Court of Duval County, Florida. Adjudication of guilt and imposition of sentence were withheld, and Petitioner was placed on probation for a period of one year.

   
   

9. Petitioner's personal conduct as set out above seriously reduces his effectiveness as a teacher. It does not appear that the Petitioner has in any way rehabilitated himself since his Teacher's Certificate was revoked in 1978. Indeed, he has since that time committed a crime involving moral turpitude.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.57(1) and 120.60, Florida Statutes.

    
    

11. Section 231.17(e), Florida Statutes, provides that an applicant for a Florida Teacher's Certificate must be of good moral character. Section 231.17(6) provides that an application for a certificate should be denied if the applicant has committed acts for which his teaching certificate could be revoked. Under Section 231.28, Florida Statutes, the Education Practices Commission has authority to suspend or revoke a teaching certificate of a person provided, as follows:

    
    

    1. It can be shown that such person obtained the teaching certificate by fraudulent means . . . has been con- victed of a misdemeanor, felony, or

       any other criminal charge, other than a minor traffic violation; upon inves- tigation has been found guilty of per- sonal conduct which seriously reduces his effectiveness as an employee of the school board; or has otherwise violated the provisions of law or

       rules . . . the penalty for which is the revocation of the teaching certifi- cate.

    2. The plea of guilty in any court, or the decision of guilty by any court, or the forfeiture by the teaching cer-

       tificate holder of a bond in any court of law, or the written acknowledgment, duly witnessed of offenses listed in subsection (1), to the superintendent or his duly appointed representative or to the school board shall be prima facie proof of grounds for revocation of the teaching certificate as listed in subsection (1) . . .

       
       

12. The Petitioner, by reason of his personal conduct, has failed to demonstrate that he is of such good moral character that he should be issued a Florida Teacher's Certificate. The Petitioner's conduct, including his having committed unemployment compensation fraud, would be sufficient to authorize revocation of his teaching certificate. Petitioner's application for a teaching certificate should be denied.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

RECOMMENDED

That a final order be entered by the Education Practices Commission affirming the decision of the Department of Education to deny the application of Louey F. Carter for a Florida Teacher's Certificate.

RECOMMENDED this 3rd day of January, 1983, in Tallahassee, Florida.

G. STEVEN PFEIFFER Assistant Director

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 3rd day of January, 1983.

COPIES FURNISHED:

Moses Meide, Jr., Esquire 817 North Main Street Jacksonville, Florida 32202

J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302

Mr. Donald L. Griesheimer Executive Director

Education Practices Commission Department of Education

125 Knott Building Tallahassee, Florida 32301

Docket for Case No: 82-002282

Orders for Case No: 82-002282