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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs TIFFANY ANN KAMMERER, 09-004188PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-004188PL Visitors: 20
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: TIFFANY ANN KAMMERER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Sarasota, Florida
Filed: Aug. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 2, 2009.

Latest Update: May 13, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as (4 -Uf cP C Comunissioner of Education, Petitioner, Ys. CASE NO. 089-0622 TIFFANY ANN KAMMERER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against TI-FANY ANN KAMMERER. The Petitioner seeks the appropriate disciplinary sanction of the Réspondeiit’s educator’s certificate pursuant to Sections 1012.315, 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 808456, covering the areas of Drama and English, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at Heron Creek Middle School in the Sarasota County School District. MATERIAL ALLEGATIONS 3. In or around September and/or October 2007, the Respondent stole another teacher’s credit card and used the card to make several purchases without the knowledge or consent of the other teacher. The Respondent was arrested and charged with Fraudulent or legal Use of Credit Cards. The Respondent pled guilty to this offense, and adjudication was withheld. 4. On or about November 12, 2007, the Respondent concealed merchandise in a stroller and left or attempted to leave a store without paying for the merchandise, The Respondent was arrested and charged with Petit Theft. The Respondent entered into a pre-trial intervention program TIFFANY ANN KAMMERER Administrative Complaint Page 2 of 3 in resolution of this charge. 5. 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. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. (SIGNATURE ON FOLLOWING PAGE) TIFFANY ANN KAMMERER Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one ora combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respoudent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently, EXECUTED on this apt day of w7) hy , 2009. DR. ERIC. J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 09-004188PL
Issue Date Proceedings
Oct. 02, 2009 Order Closing File. CASE CLOSED.
Sep. 28, 2009 Status Report filed.
Sep. 11, 2009 Order Granting Continuance (parties to advise status by September 30, 2009).
Sep. 09, 2009 Petitioner's Motion to Continue filed.
Sep. 04, 2009 Pre-hearing Statement filed.
Sep. 04, 2009 Petitioner's Request for Witness to Appear by Telephone filed.
Aug. 18, 2009 Order of Pre-hearing Instructions.
Aug. 18, 2009 Notice of Hearing (hearing set for September 15, 2009; 9:00 a.m.; Sarasota, FL).
Aug. 12, 2009 Notice of Change of Address (Bruce Taylor) filed.
Aug. 12, 2009 Response to Initial Order filed.
Aug. 05, 2009 Initial Order.
Aug. 05, 2009 Administrative Complaint filed.
Aug. 05, 2009 Election of Rights filed.
Aug. 05, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Aug. 05, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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