STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCOTT WILLIAM KATZ, )

)

Petitioner, )

)

vs. ) CASE NO. 87-0470

)

DEPARTMENT OF EDUCATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on May 21, 1987, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Scott William Katz, pro se

361 Midpines Road

Palm Springs, Florida 33461

For Respondent: J. David Holder, Esquire

Post Office Box 1694 Tallahassee, Florida 32302

PRELIMINARY STATEMENT

At issue in this proceeding is whether the application of Petitioner for a teaching certificate should be approved.

At hearing, Petitioner testified on his own behalf, and called Marleen T. Greenfield and Michael D. Miller as witnesses. Petitioner's exhibits 1-9 and were received into evidence. Respondent called Marleen T. Greenfield and Mona Jensen as witnesses. Respondent's exhibits 1-10 were received into evidence.

The record was closed on May 21, 1987. On May 26, 1987, Petitioner filed a notice of voluntary dismissal.

STATUS OF THE CASE

l. The file of the Division of Administrative Hearings (Division) reflects that the Respondent, Department of Education (Department), notified Petitioner, Scott William Katz (Katz), by letter of January 27, 1987, that for the reasons set forth in the enclosed "Notice of Reasons" his application for a Florida teacher's certificate was denied. The Department's letter also advised Katz of his right to seek administrative review of the Department's action by filing such request within twenty (20) days of his receipt of the notice of denial.

1. Katz filed a timely request for formal hearing to challenge the Department's denial of his application for a Florida teacher's certificate. The Department forwarded the matter to the Division to conduct a hearing pursuant to Section 120.57(1), Florida Statutes.

   
   

2. On May 21, 1987, pursuant to notice dated February 27, 1987, a public hearing was held in the above-styled case in West Palm Beach, Florida. On May 26, 1987, after the record in this case had been closed, Katz filed a notice of "voluntary dismissal without prejudiced". Attached hereto as appendix 1 is a true copy of Katz' notice. The Department respondent to Katz' notice by objecting to his attempt to dismiss these proceedings.

   
   

3. To assure that Katz did not misunderstand the potential consequences of his action, an order was entered on June 9, 1987, which reiterated the matters set forth in paragraphs l-3, supra, and which advised Katz that:

   
   

   The notice of voluntary dis- missal filed by Katz is tantamount to a withdrawal of his request for hearing on the Department's denial of his application for a Florida teacher's certificate. As such,

   the status of his application would be the same as if no, request for hearing were filed, and the Depart- ment's action would become final.

   Such result may well be prejudicial to Katz. Katz is, however, at liberty to withdraw his contest of the Department's action at anytime, but he may not attach conditions on

   that withdrawal. The order concluded:

   
   

   That Katz is granted ten (10)

   days from the date of this order to file, if he be so advised, a written withdrawal of his notice of voluntary dismissal. Should Katz not file a written withdrawal of his notice of voluntary dismissal within ten (10) days, this matter will be returned to the Department for entry of an appropriate final order.

   
   

   Attached hereto as appendix 2 is a true copy of the order of June 9, 1987.

   
   

4. On June 16, 1987, Katz filed a written response to the order of June 9, 1987. Katz' response stated, inter alia:

l. I refuse to withdraw the Voluntary Dismissal Without Pre- judice duly filed in the case;

2. I demand that this hearing officer close the file at this time and then return everything to the Department for the entry of the appropriate final order

Attached hereto as appendix C is a true copy of Katz' response to the order of June 9, 1987. l/

RECOMMENDATION

In light of the foregoing, it is RECOMMENDED:

That the Department enter a Final Order DENYING Katz' application for a Florida teacher's certificate for the reasons set forth in the Department's letter of January 27, l987, and the "Notice of Reasons" which accompanied that letter.

DONE AND ORDERED this 17th day of June, 1987, in Tallahassee, Florida.

WILLIAMS J. KENDRICK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of June, 1987.

ENDNOTE

1/ Paragraph 4 of Katz' response to the order of June 9, 1987, refers to an "article" which he avers was attached to the response. No such "articles' was attached to the response filed with the Division.

COPIES FURNISHED:

Mr. Scott William Katz

361 Midpines Road

Palm Springs, Florida 33461

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

Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32399

Sydney McKenzie, General Counsel Department of Education

Knott Building

Tallahassee, Florida 32399

APPENDIX 1

IN AND FOR THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

Scott William Katz, )

Petitioner, )

)

vs. )

)

Department of Education, ) Case No. 87-0470 Respondent. )

)

VOLUNTARY DISMISSAL WITHOUT PREJUDICE

Comes now the Petitioner, Scott William Katz, and voluntarily dismisses the above styled matter without prejudice in accordance with Florida Statute 120 and the Florida Rules of Civil Procedure. Furthermore, hearing officer, William J, Kendrick, should be disbarred, indicted, and jailed for the following misconduct, to wit:

l. Allowing the false affidavit of Ms Wanda Peragine to come into the Proceedings;

1. Permiting Norman C Roettger, the liar, not to appear at the hearing after being duly served in accordance with Florida Law;

   
   

2. Allowing hearsay evidence to come into the hearing;

   
   

3. Complete and total failure to give the Petitioner a fair and impartial trial as required by Florida Law;

   
   

4. Illegally/improperly smoking outside of the hearing room in the hallway of a state building; due to his negligence and illegal activity, the entire building could have gone up in smoke;

   
   

5. Failure to notify the Petitioner of his full rights, privileges, and opportunities as guaranteed to him by both the Florida State Constitution and the U.S Constitution;

   
   

6. Other High Crimes and misdeeds shown throughout the proceedings

WHEREFORE, the Petitioner requests the clerk to do the following, to wit:

1. Voluntarily dismiss the above-styled proceedings without prejudice;

   
   

2. Disbar, indict, and jail William J. Kendrick for his various high crimes and misdeeds shown throughout this Proceeding; and

   
   

3. Grant whatever further relief the clerk's office may deem just and proper.

I, Scott William Katz, hereby certify that on the 21st day of May 1987, I mailed a true and correct copy of the foregoing to:

Congressman Daniel Mica; William J Kendrick, moron Mr. David J. Holder, Esquire

Chief Justice, Florida Supreme Court Chief Judge, 4th DCA

Mr John F. Harkeness, Esquire Mr. Sid White, Esquire Governor Bob Martinez

F.D.L.E., West Palm Beach, Florida Office

F. B. I., Miami, Florida office.

Norman C Roettger, Jr., liar, corrupt, moron, commits high crimes

& misdeeds in office

THANK YOU,

SCOTT WILLIAM KATZ

361 Midpines Road

Palm Springs, Florida 33461 305-965-4761

APPENDIX 2

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCOTT WILLIAM KATZ, )

)

Petitioner, )

)

vs. ) CASE NO. 87-0470

)

DEPARTMENT OF EDUCATION, )

)

Respondent. )

)

ORDER

This cause came on for consideration of Petitioner's notice of voluntary dismissal filed May 26, 1987.

Status of the Case

1. By letter dated January 27, 1987, Respondent, Department of Education (Department), notified Petitioner, Scott William Katz (Katz), that for the reasons set forth in an enclosed "Notice of Reasons" his application for a Florida teacher's certificate was denied. The Department's letter also advised Katz of his right to seek administrative review of the Department's action by filing such request within twenty (20) days of his receipt of the notice of denial.

   
   

2. Katz filed a timely request for formal hearing to challenge the Department's denial of his application for a Florida teacher's certificate. The Department forwarded the matter to the Division of Administrative Hearings (Division) to conduct a hearing pursuant to Section 120.57(1), Florida Statutes.

   
   

3. On May 21, 1987, pursuant to notice dated February 27, 1987, a public hearing was held in the above-styled case in West Palm Beach, Florida. At the conclusion of the hearing, the parties were granted ten (10) days from the date the transcript was filed within which to file proposed findings of fact and conclusions of law.

   
   

4. On May 26, 1987, Katz filed a notice of "voluntary dismissal without prejudice" of his challenge to the Department's denial of his application for a Florida teacher's certificate. The Department objects to such dismissal at this stage of the proceedings.

   
   

   Conclusion

   
   

5. The notice of voluntary dismissal filed by Katz is tantamount to a withdrawal of his request for hearing on the Department's denial of his application for a Florida teacher's certificate. As such, the status of his application would be the same as if no request for hearing were filed, and the Department's action would become final. Such result may well be prejudicial to Katz. Katz is, however, at liberty to withdraw his contest of the Department's action at any time, but he may not attach conditions on that withdrawal Consequently, it is

ORDERED:

That Katz is GRANTED ten (10) days from the date of this order to file, if he be so advised, a written withdrawal of his notice of voluntary dismissal.

Should Katz not file a written withdrawal of his notice of voluntary dismissal within ten (10) days, this matter will be returned to the Department for entry of an appropriate final order.

DONE AND ORDERED this 9th day of June, 1987, in Tallahassee, Florida.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of June, 1987.

COPIES FURNISHED:

Scott William Katz

361 Midpines Road

Palm Spring, Florida 33461

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

   
   

   
   

   APPENDIX 3

   
   

   IN THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

   
   

   In re the matter of:

   
   

   Scott William Katz

   
   

   Petitioner,

   
   

   vs. Case No.: 87-0470

   
   

   Department of Education,

   
   

   Respondent

   /

   
   

   RESPONSE TO ORDER DATED JUNE 9, 1987

   
   

   Comes now the Petitioner, Scott William Katz, pro se, and shows the following to this hearing officer, to wit:

   
   

   1. I refuse to withdraw the Voluntary Dismissal Without Prejudice duly filed in the case;

   2. I demand that this hearing officer close the file at this time and then return everything to the Department for the entry of the appropriate final order;

      
      

   3. In short, if the Respondent issues an adverse order in said matter at this time, the Petitioner plans on filing the appropriate suit against the Respondent in the U.S. District Federal Court for the southern district of Florida--and, as the hearing officer knows, the Petitioner cannot file the appropriate federal suit until he exhausts his administrative remedies;

      
      

   4. That the Petitioner has an opportunity for employment at Suncoast High School (see attached article) beginning on Monday, June 22, 1987 and he must receive his teaching certificate by this Thursday, June 18, 1987;

      
      

   5. In short, the Petitioner is basically tired of playing games with this hearing officer immediately do the following, to wit:

      
      

      1. Dismiss said lawsuit and remand the case to the Respondent for entry of the final order so that the Petitioner can go into the federal court system if he fails to receive the certificate by this Thursday, June 18, 1987;

2. Disbar and seek the indictment of the following corrupt persons to wit:

1. William J. Kendrick: for incompetence, ineptness commission of a crime (i.e.: smoking in a non-designated area), illegally/improperly condoning the illegal activities of Norman Roettger, his secretary, and the perjured statements of Michael D. Miller;

   
   

2. Wanda Peragine: submission of a false affidavit to a state hearing officer; perjury, lies, etc.;

   
   

3. Michael D. Miller: perjury, deceitful activities, lying under oath, etc.;

   
   

4. Norman C. Roettger, Jr.: lies, misrepresentations, perjury, giving of false statements on October 18, 1985, and lying about not receiving a duly issued subpoena; other high crimes and misdeeds;

WHEREFORE, the Petitioner demands that the hearing officer immediately accept the dismissal, remand the case to the agency, and then indict/disbar the above-mentioned persons.

Thank you,

SCOTT WILLIAM KATZ

cc: Chief Justice, Florida Supreme Court

U.S. District Ct. Judge Alcee Hastings William Bennett, Secretary of Education Governor Bob Martinez

Sharon Smith

Brooke Kennerly, JQC F.B.I.

F.D.L.E., Executive Director Judge Harold J. Cohen

Judge Walter Colbath Chief Judge, 4th DCA

=================================================================

AGENCY FINAL ORDER

=================================================================

BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA

SCOTT WILLIAM KATZ,

Petitioner, CASE NO. 87-016-D DOAH CASE NO. 87-0470

vs.

BETTY CASTOR, as

Commissioner of Education

Respondent.

/

FINAL ORDER

Petitioner, SCOTT WILLIAM KATZ, applied for a Florida teacher's certificate and that application was denied. Respondent filed a Notice of Reasons setting forth grounds for denial of the application.

Pursuant to Section 231.27(6)(b), F.S., Petitioner requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the Commission pursuant to Section 120.57(1), F.S.; it is attached to and made part of this Order.

A panel of the Education Practices Commission met on August 26, 1987, in Tampa, Florida, to take final agency action. The Petitioner was neither present nor represented. The Respondent was represented by J. David Holder, Esquire.

The panel has reviewed the entire record in the case.

The panel adopts the Findings of Fact and Conclusions of Law of the Recommended Order. With regard to the recommendation, the panel adopts the recommendation of denial; additionally, the panel ORDERS that Petitioner may not apply for a teaching certificate for a period of three (3) years from entry of

this order. As basis for the enhancement, the panel cites the conduct described in paragraphs three through twenty-one of the Notice of Reasons. This Order takes effect upon filing.

This Order may be appealed by filing notices of appeal and a filing fee, as set out in Section 120.68(2), F.S., and Florida Rule of Appellate Procedure 9.110(b) and (c), within 30 days of the date of filing.

DONE AND ORDERED, this 26th day of August, 1987.

JOANNE HOUSE, Presiding Officer

I HEREBY CERTIFY that a copy of the foregoing Order in the matter of Scott William Katz vs. Betty Castor was mailed to Scott William Katz

361 Midpines Road, Palm Springs, Florida, 33461 this 3rd day of September, 1987, by U.S. Mail.

KAREN B. WILDE, Clerk

COPIES FURNISHED TO:

Professional Practices Services

Susan Tully Proctor, Esquire Attorney General's Office

Sydney McKenzie, III General Counsel

Florida Admin. Law Reports

Thomas J. Mills, Superintendent Palm Beach County Schools

Dr. John M. Munroe, Asst. Supt. Division of Personnel Relations Palm Beach County Schools

William J. Kendrick Hearing Officer

Division of Administrative Hearings

J. David Holder, Esquire Abbey G. Hairston

Personnel Relations Attorney

Palm Beach County Schools

Docket for Case No: 87-000470

Orders for Case No: 87-000470