Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: TIMOTHY BRIGHTBILL
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Blountstown, Florida
Filed: Oct. 27, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 23, 2010.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as p L Soe, ®
Commissioner of Education, | 0 - Gc AY CERO. a
Petitioner, “
vs. CASE NO. 089-1775
TIMOTHY BRIGHTBILL,
Respondent.
ADMINIS TIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against TIMOTHY BRIGHTBILL. 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 Co de, 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 675980, covering the area of
Music, which is valid through June 30, 2012. : :
2. At all times pertinent hereto, the Respondent was employed as a Band Teacher at
Nature Coast Technical High School in the Hernando County School District.
MATERIAL ATIONS
3. During November and December of 2008, the Respondent engaged in sexual activity
with a seventeen year-old female student at the Respondent’s residence and at the student’s
residence. The Respondent was arrested in Hernando County and charged with three counts of
sexual activity with a minor, in violation of Section 794.05, Florida Statutes.
TIMOTHY BRIGHTBILL
Administrative Complaint
Page 2 of 3
4. On or about August 20, 2009, the Respondent entered a plea of guilty to two counts
of sexual activity with a minor. The Respondent was adjudicated guilty and sentenced to 109
months incarceration and declared a sex offender. The third count of sexual activity was nolle
prossed. :
5. Pursuant to Section 1012.315, Florida Statutes, the Respondent is disqualified from
educator certification because he has been convicted of sexual activity with a child in violation of
Section 794.05, Florida Statutes. .
6. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty and decision of
guilty by a court is prima facie proof of grounds for the revocation or other sanction of a teaching
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)(), 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. one enter nenpeee nt nein ni
COUNT 3: The Respondent is in violation of Section 1012.795( 1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces his
effectiveness as an employee of the school board. ;
COUNT 4: The Respondent is in violation of Section 1012.795(1)(), F lorida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
COUNT 5: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in
that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes.
RULE VIOLATIONS
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort
to protect the student from conditions harmful to learning and/or to the student’s mental health
and/or physical health and/or safety.
TIMOTHY BRIGHTBILL
Administrative Complaint
Page 3 of 3
COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement:
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 Qyyi_ day of Pood, , 2010.
Commissioner of Ediication
State of Florida
Docket for Case No: 10-009924PL