STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, | ()- | AI PL "vs. CASE NO. 089-0982 MICHAEL K. KUTNER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MICHAEL K. KUTNER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’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. 4 The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 558847, covering the areas of English and Social Science, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Social Science Teacher in the St. Lucie County School District. MATERIAL ALLEGATI 3. On or about December 1, 2006, the Education Practices Commission issued a Final Order imposing sanctions on Respondent’s Educator’s Certificate based on but not limited to, allegations that on or about September 8, 2003, Respondent pled and the courtadjudicated him guilty of one count of Resisting An Officer With Violence, in violation of § 843.01 of the Florida Statutes, and one count of Child Neglect, in violation of Florida Statutes § 827.03. Convictions for violations of § 827.03 and § 843.01 of the Florida Statutes are now disqualifying offenses, preciuding individuals from holding a Florida Educator’s Certificate. MICHAEL K. KUTNER Administrative Complaint Page 2 of 3 4. On or about February 17, 2008, Respondent pled nolo contendere to and the court adjudicated him guilty of one count of Driving Under the Influence and one count of Refusal to Submit to Testing. The Petitioner charges: STAT 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)(), 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. COUNT 3: The Respondent is subject to Section 1012.795(1)(m), Florida Statutes, in that Respondent has been the subject of a court order or plea agreement in a jurisdiction which requires the certificate holder to surrender or otherwise relinquish their educator's certificate. A surrender or relinquishment shalt be for permanent revocation of the certificate. The Respondent may not surrender or otherwise relinquish their certificate prior to a finding of probable cause by the Commissioner of Education, as provided in s. 1012.796. {SIGNATURE ON FOLLOWING PAGE) MICHAEL K. KUTNER 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 or a 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 Respondent’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 V8 day of February, 2009. Commissioniér of Education State of Florida

Docket for Case No: 10-001397PL