04 -IS3B5 PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 012-0616-V MARILYN E. WALKER, Respondent. ADMINISTRATIVE COMPLAINT . Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against MARILYN E. WALKER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 619892, covering the area of Music, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Colonial Drive Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about May 14, 1996, the Education Practices Commission entered a Final Order accepting a Settlement* Agreement concerning Respondent on charges of negligent treatment of a child and public assistance fraud. (PPS Case No. V945538H, EPC Case No. 95- 290-D) The terms of the Settlement Agreement included 4 years of probation and that she violate no law. MARILYN E. WALKER Administrative Complaint Page 2 of 3 4. Between September 15, 1998, and September 14, 1999, Respondent knowingly presented false documentation on three occasions for public assistance to which she was not entitled. On or about May 23, 2000, the state attomey’s office filed information charging Respondent with three counts of Public Assistance Fraud. On or about June 23, 2000, Respondent entered a pre-trial diversion program. 5. On or about January 9, 2000, through April 23, 2001, Respondent and another presented written and/or oral statements to two insurance companies in support of a claims for payment of medical bills for alleged medical treatment received following an automobile accident knowing the statements contained false and/or incomplete information material to the claim. One insurance company denied claims totaling approximately $18,000.00; however, another insurance company paid approximately $40,000.00 to settle the claims. Respondent was arrested and charged with: Counts 1 and 2, False and Fraudulent Insurance Claims; Counts 3 and 4, Grand Theft; and, Count 5, Organized Scheme to Defraud/Communications Fraud. On or about September 17, 2001, Respondent entered into a Plea Agreement accepted by the court. Conditions of the agreement included: Respondent pled guilty to Counts 1 and 2; the state attorney’s office dismissed counts 3, 4, and 5; and, Respondent was placed on probation for 5 years. Conditions of probation included requirements that Respondent: pay $10,000.00 in ~ restitution to one of the insurance companies for fraudulent claims actually paid; pay $803.89 to the Department of Insurance and one of the insurance companies for costs of investigation or the equivalent in community service; supply complete and truthful testimony and information to authorities concerning the acts leading to her arrest and prosecution in the instant case. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT 3: - The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. COUNT 4: Section 231.2615(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. MARILYN E. WALKER Administrative Complaint Page 3 of 3 RULE VIOLATIONS COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(p), Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) and 231.2615(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the 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 onthis § dayof_M AY’ , 2002. (Sete: Chest Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-003535PL