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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs JOSEPH ANDREW CASTORINA, 12-002520PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002520PL Visitors: 4
Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: JOSEPH ANDREW CASTORINA
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Inverness, Florida
Filed: Jul. 24, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 21, 2012.

Latest Update: May 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as - Commissioner of Education, Petitioner, vs. ; CASE NO. 101-1945 JOSEPH ANDREW CASTORINA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against JOSEPH ANDREW CASTORINA. 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, arid 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 853313, covering the areas of Mathematics and Physical Education, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Citrus High School in the Citrus County School District. MATERIAL ALLEGATIONS 3. Between October 12, 2010 and November 9, 2010, the Respondent offered to obtain several firearms and resell them to an individual. The individual purchased firearms from the Respondent and the Respondent offered to obtain other firearms to sell to the individual. The Respondent did not have a license to sell the firearms. 4A. On or about December 7, 2010, the Respondent was arrested and charged with one count of Dealing in Firearms Without a License in violation of 18 USC § 922(a)(1){A). On or about August 31, 2011, the Respondent entered a plea of guilty to the charge and was adjudicated guilty. Filed July 24, 2012 9:25 AM Division of Administrative Hearings JOSEPH ANDREW CASTORINA Administrative Complaint Page 2 of 2 5. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty in any court or the decision of guilty by any 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 bas 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. 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. GERARD ROBINSON, as EXECUTED on this XN pth day of Comunissioner of Education State of Florida » 2012.

Docket for Case No: 12-002520PL
Issue Date Proceedings
Sep. 21, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 18, 2012 Unopposed Motion to Close File filed.
Sep. 17, 2012 Petitioner's Pre-hearing Statement filed.
Sep. 17, 2012 Notice of Filing Certified Copy of Plea Agreement and Request for Judicial Recognition filed.
Aug. 14, 2012 Amended Notice of Hearing (hearing set for September 24, 2012; 10:00 a.m.; Inverness, FL; amended as to Date and Room ).
Aug. 13, 2012 Order of Pre-hearing Instructions.
Aug. 13, 2012 Notice of Hearing (hearing set for September 13, 2012; 10:00 a.m.; Inverness, FL).
Jul. 25, 2012 Joint Response to Initial Order filed.
Jul. 24, 2012 Petitioner's First Requests for Admissions to Respondent filed.
Jul. 24, 2012 Notice of Filing of Certified Copy of Information and Judgment, and Request for Judicial Recognition filed.
Jul. 24, 2012 Initial Order.
Jul. 24, 2012 Election of Rights filed.
Jul. 24, 2012 Agency referral filed.
Jul. 24, 2012 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jul. 24, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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