BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA

IN RE The Denial of the Application for Educator's

Certificate of: CASE No. 99-137-D DOAH Case NO. 99-1250

SCOTT WILLIAM KATZ EPC INDEX NO. 99-377-FOI

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CORRECTED FINAL ORDER

The Final Order filed herein on February 11, 2000, although correctly reflecting the actions taken by the Education Practices Commission, inadvertently omitted the signature of the presiding officer and showed the prior year as that of the signature dates. This Amended Final Order is entered to correct those scrivener's errors:

Applicant, SCOTT WILLIAM KATZ, applied for a Florida educator's certificate and that application was denied. The Commissioner of Education has filed a Notice of Reasons (NOR) stating the reasons for denial of the certificate. A copy of the NOR is attached to and made a part of this Order.

Applicant requested a formal hearing and such was held before an Administrative Law Judge (ALJ) of the Division of Administrative Hearings.

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 231.261(8) and 120.57(1), Florida Statutes, on January 28, 2000, in Tampa, Florida, for consideration of the Recommended Order,

Applicant tendered an untimely motion for a continuance of the previously responded to the exceptions.

Applicant's exceptions to the Recommended order neither demonstrate that the Recommended order was not supported by competent substantial evidence nor that it departed from the essential requirements of law. The Exceptions are, therefore, DENIED.

After reviewing the complete record accompanying the Recommended Order, and being otherwise fully advised in the premises, the Panel hereby adopts the findings of fact, conclusions of law and recommendation contained in the Recommended Order, and, in accord with that Recommendation, it is

ORDERED AND ADJUDGED that Petitioner's application for a Florida Educator's Certificate is hereby PERMANENTLY .DENIED

This Order becomes effective upon filing.

DONE AND ORDERED, this 18th day of April, 2000.

MARGARETET WOLF , Presiding Officer

COPIES FURNISHED TO:

Jerry Whitmore, Chief

Bureau of Educator Standards

Florida Admin. Law Reports

Dr. Joan Kowal, Superintendent Palm Beach County Schools 3340 Forest Hill Blvd.

W. Palm Beach, FL 33406-5870

Dr. Marion Weil Certification Manager Palm Beach County Schools

3364 Forest Hill Boulevard West Palm Beach, FL 33406

Bruce P. Taylor, Attorney at Law

P.O. Box 131

St. Petersburg, FL 33731-0131

Susan B. Kirkland, Administrative Law Judge 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Ann Cole, Clerk

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCtl PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES ~COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY

(30) DAYS OF THE FILING OF THIS ORDER.

I HEREBY CERTIFY that a copy of the foregoing Final Order in the matter of The Denial of the Application for Educator's Certificate of Scott William Katz, was mailed to Scott William Katz, 1877 North Congress Avenue, No. 10-D, West Palm Beach, FL 33401-1661, this 20 day of April, 2000, by Certified U.S. Mail.

Kathleen M. Richards, Clerk

STATE OF FLORIDA DEPARTMENT OF EDUCATION

IN RE: The Denial of the Application for Teacher's Certificate of:

CASE NO. 989-1589-RA

SCOTT WILLIAM KATZ. DOAH CASE NO. 99-1250

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NOTICE OF REASONS

SCOTT WILLIAM KATZ, 1877 North Congress Avenue #1OD, West Palm Beach, Florida 33401, Department of Education Number 473919 having filed his application for a Florida Educator's Certificate before the Department of Education; and

The Department of Education having reviewed the application in accordance with Sections 231.17 and 231.262, Florida Statutes, has determined that SCOTT WILLIAM KATZ is not entitled to the issuance of a Florida Educator's Certificate, accordingly

The Department of Education files and serves upon the Applicant, SCOTT WILLIAM KATZ, its Notice of Reasons for its denial in accordance with the provisions of Section 120.60, Florida Statutes, and as grounds therefore, alleges:

1. On or about March 12, 1991, Applicant trespassed on another's property and returned to the property after he had been asked to leave. Applicant was placed on probation by the court due to the trespassing charge. Subsequently, Applicant was arrested and charged with Violation of his Probation after he was arrested for Grand Larceny on or about August 23, 1991.

   
   

2. On or about August 23, 1991, Applicant was arrested and charged with Grand Larceny. On or about February 21, 1992, Applicant pled Nolo Contendere to a reduced charge of Petty Theft and was adjudicated guilty by the court.

   
   

3. On or about December 1, 1998, Applicant beat his stepson by hitting him repeatedly on the face, arms and chest with an open hand and a closed fist. Applicant knocked one of the child's baby teeth out during the beating. Applicant was arrested and charged with Aggravated Child Abuse.

The Department of Education charges:

STATUTE VIOLATIONS

COUNT 1: The applicant is in violation of Section 231.17(3)(c)6., Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character.

COUNT 2: The applicant is in violation of Section 231.17(5)(a), Florida Statutes, which provides that the Department of Education is authorized to deny an Applicant an educator's certificate if it possesses evidence satisfactory to it that the Applicant has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate.

COUNT 3: The Applicant is in violation of Section 231.28(1)(c), Florida Statutes, in that he has been guilty of gross immorality or an act involving moral turpitude.

COUNT 4: The Applicant is in violation of Section 231.28(1)(e), Florida Statutes, in that he has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation.

COUNT 5: The Applicant is in violation of Section 231.28(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate.

WHEREFORE, the undersigned concludes that SCOTT WILLIAM KATZ has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke an educator's certificate. It is therefore, respectfully recommended that the Education Practices Commission affirm the Department of Education's denial of the issuance of a teaching certificate to the Applicant based upon the reasons set forth herein, in accordance with the Explanation of Rights form which is attached to and made a part of this Notice of Reasons.

EXECUTED on this 27th day of July, 1999.

TOM GALLAGHER, as

Commissioner of Education State of Florida

Docket for Case No: 99-001250

Orders for Case No: 99-001250