STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RAY V. POTTORF, Superintendent ) of Schools of Lee County, Florida, )

)

Petitioner, )

and ) CASE NO. 77-1041

)

FLORIDA PROFESSIONAL PRACTICES )

COUNCIL, ex rel. Thomas E. Benner,JR., )

)

Petitioner, )

)

vs. ) CASE NO. 77-1049

)

JAMES MICHAEL RUBINSKI, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a consolidated public hearing in the above styled cases on September 7, 1977 at Fort Myers, Florida.

APPEARANCES

For Petitioner Harry Blair, Esquire School Board: Post Office Box 1467

Fort Myers, Florida 33902

For Petitioner Ronald. C. LaFace, Esquire Professional Post Office Box 1752 Practices Council: Tallahassee, Florida 32302

For Respondent: Ronald G. Meyer, Esquire

5401 West Kennedy Boulevard, Suite 990

Tampa, Florida 33609 FINDINGS OF FACT

1. At the commencement of the hearing Respondent submitted a notarized Waiver of Hearing and a Declaration of Surrender of Teacher's Certificate. Before accepting these as Exhibits 1 and 2 Respondent was queried by the Hearing Officer to ascertain that he fully understood the consequences of his Waiver of Hearing and Surrender of Certificate for Revocation. Respondent affirmed that he understood his decisionnot to contest the charge to be similar to a plea of nolo contendere in a criminal proceeding. Exhibits 1 and 2 were then admitted.

   
   

2. Thereafter no evidence was submitted, and Respondent made an unsworn statement to the effect that he desired to terminate the proceedings, return to

   college to augment his education, and someday return to his native Fort Myers and become a well respected member of the community.

   
   

   CONCLUSIONS OF LAW

   
   

3. By the surrendered of his certificate Respondent has removed himself from the jurisdiction of the Professional Practices Council. This is so because the Professional Practices Council's jurisdiction is over the certificate held by Respondent and not the person of Respondent.

   
   

4. By waiving his rights to a hearing on the charges preferred by the School Board, Respondent has acquiesced in the action already taken by the School Board, namely, dismissal and revocation of his contract to teach the forthcoming school year.

RECOMMENDED that Respondent's teacher's certificate number 351138 be evoked and the cases closed.

DONE and ENTERED this 22nd day of September, 1977, in Tallahassee., Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Harry Blair, Esquire

P.O. Box 1467

Fort Myers, Florida 33902

Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Ronald G. Meyer, Esquire 5401 W. Kennedy Boulevard Suite 990

Tampa, Florida 33609

Docket for Case No: 77-001041

Orders for Case No: 77-001041