Before the Education Practices Commission of the State of Florida

RICHARD CORCORAN,

Commissioner of Education, Petitioner,

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 January 16, 2020, in West Palm Beach, Florida, for consideration of the Recommended Order (“RO”) entered in this case by LYNNE A. QUIMBY-PENNOCK, Administrative Law Judge (“ALJ”). The Recommended Order is attached hereto and incorporated herein as Attachment A. Respondent was not present and was represented by legal counsel, Branden M. Vicari, Esq. Petitioner was represented by Bonnie T. Wilmot, Esq. Respondent filed Exceptions to the Recommended Order, which are attached hereto and

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incorporated herein as Attachment B. Petitioner did not file exceptions, but filed a Response to Respondent’s Exceptions, which is attached hereto and incorporated herein as Attachment C.

Ruling on Respondent’s Exceptions

Exception No. 1: Respondent filed an exception to paragraph 23 of the RO regarding the conversation between Respondent and Officer Moore. For the reasons stated by counsel for Petitioner and contained in Petitioner’s Response, the exception is rejected.

Exception No. 2: Respondent filed an exception to paragraph 28 of the RO regarding the conversation between K.A. and Mr. Oyler. For the reasons stated by counsel for Petitioner and contained in Petitioner’s Response, the exception is rejected.

Exception No. 3: Respondent filed an exception to paragraphs 35, 36, and 37 of the RO regarding Respondent’s failure to disclose information during the interview process. The findings of fact in these three paragraphs are facts supporting the legal conclusion that Respondent committed the violation alleged in Count 5 of the Administrative Complaint. As such, the facts are relevant, and as they are supported by competent, substantial record evidence, the exception is rejected.

Exception No. 4: Respondent filed an exception to paragraphs 46, 47, 48, 49, and 52 of the RO regarding the ALJ’s conclusion that Respondent and K.A. engaged in a romantic relationship based upon the kissing photograph. For the reasons stated by counsel for Petitioner and contained in Petitioner’s Response, the exception is rejected.

Exception No. 5. Respondent filed an exception to paragraphs 53, 54, and 55 of the RO, that Respondent violated the cited rules by not informing Dr. Breslin he was under investigation; not informing Dr. Breslin his electronic devices had been seized pursuant to a search warrant; and not answering affirmatively on his application that he had resigned in lieu of termination. For the reasons stated above in the ruling to Respondent’s third exception and by counsel for Petitioner and contained in Petitioner’s Response, the exception is rejected.

Findings of Fact

1. The Panel hereby adopts the findings of fact in the Recommended Order.

There is competent substantial evidence to support these 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 Panel hereby adopts the conclusions of law in the Recommended

Order.

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:

Respondent’s educator’s certificate No. 1299379 is hereby PERMANANTLY

REVOKED and Respondent is PERMANANTLY BARRED from applying for another Florida educator’s certificate.

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

DONE AND ORDERED, this 28th day of January, 2020.

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 furnished to Quentin Peterson, 1817 2nd Avenue East, Palmetto, FL 34221; Branden Vicari, Esq., Herdman & Sakellarides, P.A., 29605 US Highway 19 North, #110, Clearwater, FL 33671; and Ron Weaver, Esq., P.O. Box 770088, Ocala, FL 34477-0088 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 32399-0400 this 28th day of January, 2020.

COPIES FURNISHED TO:

Office of Professional Practices Services LYNNE A. QUIMBY-PENNOCK

Administrative Law Judge

Bureau of Educator Certification Division of Administrative Hearings

1230 Apalachee Parkway

Superintendent Tallahassee, FL 32399-1550 Manatee County Schools

P.O. Box 9069 CLAUDIA LLADO, Clerk

Bradenton, FL 34206-9069 Division of Administrative Hearing

Director of Personnel Management LAWRENCE HARRIS

Manatee County Schools Senior Assistant Attorney General

P.O. Box 9069

Bradenton, FL 34206-9069

Docket for Case No: 19-002366PL

Orders for Case No: 19-002366PL