Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: BERT PECK
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Oct. 19, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 7, 2002.
Latest Update: Jan. 10, 2025
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CHARLIE CRIST Moe lp
COMMISSIONER
July 27, 2001
Mr. Bert Peck
7740 Northwest 71st Way
Parkland, Florida 33067 ; i CERTIFIED MAIL
RE: Finding of Probable Cause
SSN: 089-38-4856
Dear Mr. Peck:
Pursuant to the provisions of Sections 231.262 and 231.2615, 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 231.2615(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.
Please govern yourself accordingly.
CCiim
ENCLOSURES
THe Capron
Floripa Amantic University Tower Praza Lever 08 University OF SoutH Florina, St.PeTersBuRG Campus
220 S.E. 2no Avenue, #726 Tatanasset, Florina 32399-0400 POY 248, 140 71H Avenue SoutH
Fr. Lauperpate, Fioriva 33301 (850) 487-1785 © SC 277-1785 St. PeterssurG, Frorioa 33701
(954) 762-5322 Fax {850} 413-0378 ¢ SC 993-0378 (727) 553-3730
Fax (954} 762-5197 Fax (727) 553-1033
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Charlie Crist, as “abil 7
Commissioner of Education, af Me &
Petitioner,
vs. CASE NO. 001-0415-M
Bert Peck,
Respondent.
a
ADMINISTRATIVE COMPLAINT
ADMINIS IRSA I)
Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative
Complaint against Bert Peck. The Petitioner seeks the appropriate disciplinary sanction of the
Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 655684, covering the areas
of biology, chemistry and general science, which is valid through June 30, 2001.
2. At all times pertinent hereto, the Respondent was employed as a Science Teacher
at Coral Springs Middle School in the Broward County School District.
MATERIAL ALLEGATIONS
3. On or about Thursday, November 18, 1999, Colleen Hoffman, a teacher, found a
small bag of marijuana outside the Respondent’s classroom door. Ms. Hoffman gave the bag to
Respondent. Respondent failed to promptly turn the marijuana in to proper authorities.
Respondent kept the marijuana in his possession until Wednesday, November 24, 1999. On that
date, Respondent pulled the bag of marijuana from his wallet and gave it to Kenneth Webley.
Assistant Principal, during a parent conference.
nn rence Ade SE RR A Se teas mmmmamnme
Bert Peck
Administrative Complaint
Page 2 of 2
STATUTORY VIOLATIONS
COUNT 1: The allegations of misconduct set forth herein are in violation of Section
231.2615(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
231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional
Conduct for the Education Profession in Florida prescribed by State Board of Education.
RULE VIOLATIONS
COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable
effort to protect the student from conditions harmful to learning and/or to the student’s mental
health and/or physical safety. -
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(h), Florida Administrative Code, in that Respondent has exploited a relationship with a
student for personal gain or advantage.
WHEREFORE, the Petitioner recommends that the Education Practices Commission
impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and
231.2615(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 2 dayof “ely , 2001.
Charlie Crist, as
Commissioner of Education,
State of Florida
Perm peprmcers on
Docket for Case No: 01-004024PL
Issue Date |
Proceedings |
Mar. 25, 2002 |
Motion to Reopen Case and Motion to Amend Complaint (filed by Petitioner via facsimile).
|
Jan. 07, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jan. 04, 2002 |
Corrected Copy Respondent`s Objection to Petitioners Motion for Continuance of Final Hearing (filed via facsimile).
|
Jan. 04, 2002 |
Joint Motion for Continuance and to Hold Case in Abeyance (filed via facsimile).
|
Jan. 04, 2002 |
Petitioner`s Withdrawal of Motion to Continue (filed via facsimile).
|
Jan. 03, 2002 |
Respondent`s Objection to Petitioners Motion for Continuance of Final Hearing (filed via facsimile).
|
Dec. 27, 2001 |
Motion for Continuance of Final Hearing (filed by Petitioner via facsimile).
|
Dec. 19, 2001 |
Notice of Taking Deposition (4), J. Vernon, K. James, K. Webley, G. Rogers (filed via facsimile).
|
Dec. 17, 2001 |
Notice of Answers to Petitioner`s First Interrogatories and Request for Production of Documents (filed by Respondent via facsimile).
|
Nov. 16, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 15, 2002; 9:30 a.m.; Fort Lauderdale, FL).
|
Nov. 15, 2001 |
Motion for Continuance (filed by Petitioner via facsimile).
|
Nov. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Nov. 06, 2001 |
Notice of Hearing issued (hearing set for December 13, 2001; 9:30 a.m.; Fort Lauderdale, FL).
|
Oct. 29, 2001 |
Notice of Appearance (filed by N. Ashbeafi via facsimile).
|
Oct. 22, 2001 |
Initial Order issued.
|
Oct. 19, 2001 |
Administrative Complaint filed.
|
Oct. 19, 2001 |
Election of Rights filed.
|
Oct. 19, 2001 |
Agency referral filed.
|