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PAM STEWART, AS COMMISSIONER OF EDUCATION vs FREDERICK FLOWERS, 17-005523PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-005523PL Visitors: 30
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: FREDERICK FLOWERS
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 06, 2017
Status: Closed
Recommended Order on Tuesday, March 6, 2018.

Latest Update: Apr. 25, 2018
Summary: The issue to be determined is whether Respondent is guilty of violating section 1012.795(1)(j), Florida Statutes (2014), and Florida Administrative Code Rule 6A-10.081(2)(b)3. and (2)(c)1., as charged in the Administrative Complaint.Petitioner failed to prove the allegations in the Administrative Complaint by clear and convincing evidence.
TempHtml


Before the Education Practices Commission of the State of Florida


PAM STEWART,

Commissioner of Education, Petitioner,

vs. EPC CASE m 17-0505-TC

DOAH CASE m 17-5523PL

FREDERICK N. FLOWERS, PPS m 145-3027 INDEX m: 18-207-FOF

CERTIFICATE m 1028169

Respondent.

/


Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on April 12, 2018 in Fort Lauderdale, Florida, for consideration of the Recommended Order entered in this case by LISA SHEARER NELSON, Administrative Law Judge.

Respondent was not present. Petitioner was represented by Charles T. Whitelock, Esq.


Findings of Fact


  1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

  2. There is competent substantial evidence to support the findings of fact.


Conclusions of Law


  1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.


    Filed April 25, 2018 4:00 PM Division of Administrative Hearings


  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty


Upon a complete review of the record in this case, the Commission determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that the Administrative Complaint is hereby DISMISSED.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.


DONE AND ORDERED, this 20TH day of April, 2018.


CHRISTIE GOLD, Presiding Officer


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL

MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of the foregoing Order was mailed to FREDERICK N. FLOWERS, 3011 Northwest 7th Court, Fort Lauderdale, FL 33311 and Mark S. Wilensky, Esq., 1200 Corporate Center Way, Suite 200, Wellington, FL 33414-8594 by Certified U.S. Mail and by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Charles

T. Whitelock, Esq., 300 Southeast 13th Street, Fort Lauderdale, FL 33316 this 20th day of April, 2018.


Lisa Forbess, Clerk

Education Practices Commission

COPIES FURNISHED TO:


Office of Professional Practices Services Claudia Llado, Clerk

Division of Administrative Hearings

Bureau of Educator Certification


Superintendent

Broward County Schools 600 S.E. 3rd Ave.

Ft. Lauderdale, FL 33301-3125


Executive Director, Professional Standards Broward County Schools

600 S.E. 3rd Ave.

Ft. Lauderdale, FL 33301-3125


Lee Ann Gustafson

Senior Assistant Attorney General


LISA SHEARER NELSON

Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Docket for Case No: 17-005523PL
Issue Date Proceedings
Apr. 25, 2018 Agency Final Order filed.
Mar. 06, 2018 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 06, 2018 Recommended Order (hearing held December 19, 2017). CASE CLOSED.
Feb. 15, 2018 Respondent's Proposed Recommended Order filed.
Feb. 15, 2018 Petitioner's Proposed Recommended Order filed.
Feb. 07, 2018 Order Granting Extension of Time.
Feb. 06, 2018 Agreed Motion to Extend Time filed.
Jan. 19, 2018 Transcript of Proceedings (not available for viewing) filed.
Dec. 19, 2017 CASE STATUS: Hearing Held.
Dec. 15, 2017 Notice of Scheduling Court Reporter filed.
Dec. 15, 2017 Petitioner's Notice of Filing (Respondent's Deposition) filed.
Dec. 12, 2017 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Dec. 11, 2017 Petitioner's Notice of Filing of Proposed Exhibits filed.
Dec. 08, 2017 Joint Prehearing Stipulation filed.
Dec. 06, 2017 Respondent's Witness List filed.
Dec. 06, 2017 Respondent's Exhibit List filed.
Nov. 14, 2017 Notice of Appearance (Mark Wilensky) filed.
Nov. 14, 2017 Notice of Substitution of Counsel (Mark Wilensky) filed.
Oct. 25, 2017 Order of Pre-hearing Instructions.
Oct. 25, 2017 Notice of Hearing by Video Teleconference (hearing set for December 19, 2017; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 24, 2017 Notice of Taking Depositions filed.
Oct. 09, 2017 Initial Order.
Oct. 06, 2017 Notice of Appearance (Carol Buxton).
Oct. 06, 2017 Administrative Complaint filed.
Oct. 06, 2017 Election of Rights filed.
Oct. 06, 2017 Agency referral filed.

Orders for Case No: 17-005523PL
Issue Date Document Summary
Apr. 20, 2018 Agency Final Order
Mar. 06, 2018 Recommended Order Petitioner failed to prove the allegations in the Administrative Complaint by clear and convincing evidence.
Source:  Florida - Division of Administrative Hearings

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