D2- 307 PL - STATE OF FLORIDA Pye EN EDUCATION PRACTICES COMMISSION, we TOM GALLAGHER, as i Commissioner of Education, Behl LYE UR ¥o os Petitioner, vs. CASE NO. 001-0196-A LEONARD PAYNE, Respondent. / , 4 ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Leonard Payne. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 401299, covering the areas of Social Science and Driver Education, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Driver Education teacher ‘s aide at the District’s Driving Range, in the Alachua County School District. MATERIAL ALLEGATIONS 3. On or about October 30, 1996, Respondent burglarized the garage of another person while armed with an assault riffle. Respondent was observed entering and exiting someone else’s garage while carrying an AK-47 sub machine gun. When police officers arrived at Respondent’s home to arrest him, Respondent fled armed with the assault rifle, but was subsequently captured. Respondent was arrested and charged with Armed Burglary. On or about March 2, 1998, Respondent pled Not Guilty by reason of. insanity. The court issued an order of Conditional Release requiring Respondent to continue regular monthly outpatient treatment, comply with the Leonard Payne Administrative Complaint 2 of 2 recommended treatment, take prescribed medication, have no contact with victim and victim’s family and not possess any type of firearm. : 4. On or about September 4, 1999, Respondent operated his vehicle while he was intoxicated. After being stopped by police a roadside breath test showed Respondent’s blood alcohol level to be .139, Respondent was arrested and charged with Driving Under the Influence. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 231,28( 1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude." - COUNT 2: The Respondent is in violation of Section 231.28( 1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. ° COUNT 3: The Respondent is in violation of Section 231.28(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate, authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this_24 $2 day or Le, b— , 2000, GALLAGHER, as Commissioner of Education State of Florida la ae

Docket for Case No: 02-000307PL