FLORIDA DEPARTMENT OF EDUCATION TALLAHASSEE, FLORIDA 32399-0400 Division of Administrative Hearings Tom Gallagher Commissioner July 20, 2000 Mr. Howard Warner Post Office Box 391 Perry, Florida 32347 CERTIFIED MAIL RE: Finding of Probable Cause SSN: 252-64-3275 Dear Mr. Warner: _ Pursuant to the provisions of Sections 231.262 and 231.28, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Sincerely, a (ow Tom Galtdgher TG/h ENCLOSURES Plaza Level, The Capitol ¢ Tallahassee, Florida 32399-0400 (850) 487-1785 © Fax (850) 413-0378 http://www.fim.edu/doe An affirmative action/equal opportunity employer Division of Administrative Hearings STATE OF FLORIDA EDUCATION PRACTICES CO TOM GALLAGHER, as Commissioner of Education, Time Petitioner, Date (2 =| 49 -0O careencreneseeneen rt vs. CASE NO. 989-0158-C HOWARD L. WARNER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Howard L. Warner. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, 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 231.262(6) and 231.28(1), Florida Statutes. ; The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 706256, covering the area of Sociology, which is valid through June 30, 2001. 2. At all times pertinent hereto, the Respondent was employed as a Alternative Education teacher at Taylor Educational Academy, in the Taylor County Schoo! District. MATERIAL ALLEGATIONS 3. On or about January 5 1993 Respondent operated his vehicle while he was intoxicated. Respondent was arrested and charged with Driving Under the Influence. On or about January 13 1993 Respondent pled No Contest and the court adjudicated him guilty. Respondent was sentenced to 6 months probation and License revocation, DUI School, 50 hours of community service and $597.00 in fines. 4. On or about October 4 1997 Respondent operated his vehicle while he was intoxicated. He was arrested and charged with Driving Under the Influence reduced to Reckless Driving, On ora bout December 2 1997 Respondent pled No Contest and the court adjudicated him guilty. He was sentenced to 6 months unsupervised probation , complete DUI school and pay $1255.00 in fees, costs and fines. Howard L. Warner Administrative Complaint 2 of 3 5. On or about June 26 1998 Respondent operated his vehicle while he was intoxicated. Respondent was arrested and charged with Driving Under the Influence with Property Damage, Leaving the Scene of an Accident with Property Damage and Driving while License Revoked. On or about October 11, 1999, Respondent pled No Contest and was adjudicated guilty by the court. 6. On his application dated July 19, 1994 and June 26, 1996, Respondent checked “No” to the following question: “Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation...” and accordingly failed to fully acknowledge his criminal record and also filed a false statement because of the sworn statement on the form which indicated all the information provided on the form was true and correct. STATUTORY VIOLATIONS COUNT 1: ‘The allegations of misconduct set forth herein are in violation of Section 231.28(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. : COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. COUNT 4: Section 231.28(2), Florida Statutes, provides that the plea of guilty in any court or a decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. RULE VIOLATIONS COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. Howard L. Warner Administrative Complaint 3 of 3 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this_20° i day of 2000. lem TOM G. GHER, as Commissioner of Education, State of Florida

Docket for Case No: 00-005070PL