STATE OF FLORIDA > © 20 'pe EDUCATION PRACTICES COMMISSION? VE JOHN L. WINN, as Commissioner of Education, cet 2 ny a ” Petitioner, vs. CASE NO. 034-1624-M ELIZABETH KIM EARNEST, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against ELIZABETH KIM EARNEST. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator's certificate pursuant to Sections 1012.798 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 798375, covering the area of Emotionally Handicapped, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Staffing Specialisi- Exceptional Student Education Teacher at Three Points Elementary School in the orange County Schoo! District. MATERIAL ALLEGATIONS 3. On or about May 8, 2003, in Orange County, the Respondent engaged in a physical altercation at a bar. The Respondent walked up to an adult female victim and punched her in the mouth, causing one of the victim's front teeth to be knocked out. On or about January 15, 2004, the Respondent was arrested and charged with Felony Battery Causing Great Bodily Harm. She pled nolo contendere to the reduced charge of misdemeanor Battery. On or about February 27. 2004, the court withheld adjudication and sentenced her to one (1) day time served, 364 days probation, fifty ELIZABETH KIM EARNEST Administrative Complaint (DEG C2 PA 2 YO Page 2 of 2 Wei a (50) hours community service, fees/fines of $161.00 and restitution in the amount of $1,495.00. She continues to be emploved. 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. 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 on this 225" day of _(COcte he y<_, 2004. Commissioner of Education State of Florida

Docket for Case No: 04-004583PL