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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs ANTONIO LONGORIA, JR., 11-004629PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004629PL Visitors: 22
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ANTONIO LONGORIA, JR.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Sep. 14, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 25, 2011.

Latest Update: May 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 078-1598 ANTONIO RODRIGUEZ LONGORIA, JR., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ANTONIO RODRIGUEZ LONGORIA, JR.. 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. The Petitioner alleges: - JURISDICTION: - 1. The Respondent holds Florida Educator’s Certificate 1065710, covering the area of Athletic Coaching, which was valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a part-time Softball Coach at John A. Ferguson Sr. High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about September 22, 2007, in Miami-Dade County, Respondent was involved in a traffic accident. The other driver involved in the accident fled the scene of the accident, and Respondent followed him. Respondent eventually caught up with the other driver, exited his vehicle, and fired two shots in the direction of the other driver. He was charged with one count of Aggravated Assault with a Firearm and one count of Aggravated Battery with a Deadly Weapon. Both charges were subsequently nolle prossed and Respondent was charged with the misdemeanor of Discharging a Firearm in Public. Respondent completed a pre-trial intervention program and the misdemeanor charge was nolle prossed. Filed September 14, 2011 10:06 AM Division of Administrative Hearings ANTONIO RODRIGUEZ LONGORIA, JR. Administrative Complaint Page 2 of 2 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. 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 (ar day of Foc { , 2011. e DR.E Te . SMITH, as Commissioner of Education State of Florida

Docket for Case No: 11-004629PL
Issue Date Proceedings
Oct. 25, 2011 Order Closing File. CASE CLOSED.
Oct. 25, 2011 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Oct. 14, 2011 Notice of Service of Respondent's First Settlement Offer filed.
Oct. 14, 2011 Order Denying Continuance of Final Hearing.
Oct. 13, 2011 Petitioner's Response to Resopndent's Motion for Continuance filed.
Oct. 10, 2011 Notice of Service of Respondent's Response to Petitioner's Request for Admissions filed.
Oct. 10, 2011 Notice of Service of Respondent's Request for Admissions to Petitioner filed.
Oct. 07, 2011 Motion for Continuance filed.
Oct. 07, 2011 Notice of Service of Respondent's Request for Motion for Continuance to Petitioner filed.
Oct. 03, 2011 Notice of Service of Respondent's Request for Production to Petitioner filed.
Oct. 03, 2011 Notice of Service of Respondent's First Set of Interrogatories to Petitioner filed.
Sep. 26, 2011 Order of Pre-hearing Instructions.
Sep. 26, 2011 Notice of Hearing by Video Teleconference (hearing set for November 4, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Sep. 23, 2011 Notice of Service of Petitioner's Request for Production to Respondent filed.
Sep. 23, 2011 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Sep. 23, 2011 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Sep. 23, 2011 Joint Response to Initial Order filed.
Sep. 14, 2011 Initial Order.
Sep. 14, 2011 Election of Rights filed.
Sep. 14, 2011 Agency referral filed.
Sep. 14, 2011 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Sep. 14, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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