Before the Education Practices Commission of the State of Florida

PAM STEWART,

Commissioner of Education, Petitioner,

vs. EPC CASE m 18-0204-RT

DOAH CASE m 18-2296PL

BROOKE D. BRALY, PPS m 167-2645 CERTIFICATE m 1106771

Respondent. INDEX NO.: 18-514-FOF

/

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 October 26, 2018 in Tampa, Florida, for consideration of the Recommended Order entered in this case by R. BRUCE MCKIBBEN, Administrative Law Judge.

Respondent was not present but represented by Branden Vicari, Esq. Petitioner was represented by Gavin Dunn, Esq.

Findings of Fact

1. The findings of fact set forth in the Recommended Order are approved and

   
   

   Filed November 8, 2018 3:32 PM Division of Administrative Hearings

   
   

   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.

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 6th day of November, 2018.

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 BROOKE D. BRALY, 13 Spinnaker Circle, South Daytona, FL 32119 and Branden Vicari, Esq., 29605 US Highway 19 North, #110, Clearwater, FL 33761 by Certified U.S. Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399 and Ron Weaver, Esq. Post Office Box 770088, Ocala, Florida 34477 this 6th day of November, 2018.

COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Volusia County Schools

P.O. Box 2118

DeLand, FL 32721-2118

Director, Professional Standards Volusia County Schools

P.O. Box 2118

DeLand, FL 32721-2118

Lawrence Harris

Assistant Attorney General

R. BRUCE MCKIBBEN Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550

Claudia Llado, Clerk

Division of Administrative Hearings