FLORIDA DEPARTMENT OF EDUCATION Gh £PR 27 P} 11:98 STATE BOARD OF EDUCATION Jt HORNE Commissioner of Education F. Puttip HaNby, Chairman ah T. WILLARD Fair, Vice Chairman Memb anLene Just Read, embers Florida! Linpa J. EAps, Ep.D. bas CARLES PATRICK GARCIA Jubta L. JOHNSON WILLIAM L. PROCTOR, PH.D. Linoa K. TAYLOR March 10, 2004 CERTIFIED MAIL Mr. James Buley RE: Finding of Probable Cause 249 Mount Vernon Drive Case No: 023-2373-S Venice, Florida 34293-4018 SNQ- a: Dear Mr. Buley: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), | find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your Educator Certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, ome JH:DA;j ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 + (850) 245-0438 + www. fidoe.org aq STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-2373-S JAMES PATRICK BULEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against JAMES PATRICK BULEY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 764058, covering the area of English, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an English Teacher at Port Charlotte High School in the Charlotte County School District. MATERIAL ALLEGATIONS 3. On or about November 21, 1999, Respondent was driving while impaired and in unlawful possession of marijuana. Respondent was arrested and charged with: Count 1, Driving Under the Influence; and, Count 2, Possession of Marijuana (Under 20 Grams). On or about December 30, 1999, Respondent pled nolo contendere to Count 1. The court adjudicated Respondent guilty of Count 1, placed him on probation for 12 months, revoked his driver’s license for 6 months, order him to perform 50 hours of community service, attend a victim impact panel and DUI schoo], and pay $571.25 in fines and costs. On or about January 11, 2001, the state attorney’s JAMES PATRICK BULEY Administrative Complaint Page 2 of 2 office dismissed Count 2 following Respondent’s completion of a pre-trial intervention program. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(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 1012.795(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: The Respondent is in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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__/Q _dayor Afareevs _, 2004. ORNE, as missioner of Education State of Florida

Docket for Case No: 04-001574PL