os STATE OF FLORIDA rile PD ~ EDUCATION PRACTICES COMMISSION, 3p “3 PH 2: 23 CHARLIE CRIST , as Divers oe : DIVISION OF Commissioner of Education, ADMINISTRATIVE HEARINGS ~ Petitioner, vs. ; ; Case No.: 990-0010-C DAVID L. BROWN, DI- 4527 PL ~ Respondent. / ADMINISTRATIVE COMPLAINT 7 Petitioner, CHARLIE CRIST, as Commissioner of Education, files this Administrative Complaint against David A. Brown. 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 dd), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 794488, covering the area of business gducation, which is valid through June 30, 2000. 2. At all times pertinent hereto the Respondent was employed as a teacher at Mount Herman Exceptional Child Center in the Duval County School District. MATERIAL ALLEGATIONS 3. During the months of October and November 1985, the Respondent issued eight worthless bank checks totaling $553.15. 4. During the months of June 1994 through August 1996, the Respondent received annuity payments totaling $14,273.70 made by the United States Railroad Retirement Board on behalf of the Respondent’s deceased father which were not the property of the Respondent. The Respondent converted these funds to his own use. 5. On or about August 5, 1996, the Respondent was arrested and subsequently charged with twelve counts of embezzlement, theft or conversion of said funds. On or about March 22, 2000, the Respondent was found guilty on all counts and sentenced to serve a term of imprisonment of twenty-one months. The Respondent was also ordered to pay restitution in the amount of $157,377.75. : STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615 (1) (c), Florida Statutes, in that the 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) (e), Florida Statutes, in that the 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 231.2615 (1) (f), Florida Statutes, in that the Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. 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 théreof, 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 _dayor IN Feet 2001. CHARLIE CRIST, as Commissioner of Education, State of Florida Jai. vi Richiliaabioe Relide BE. LAW OFFICES OF J. Davip HoLDER A PROFESSIONAL ASSOCIATION F on ADMINISTRATIVE & GOVERNMENTAL LAW i a ie ry TRIAL PRACTICE-PERSONAL INJURY wens ee & WRONGFUL DEATH 1408 NORTH PIEDMONT WAY GENERAL PRACTICE Qi DEC “3 Pheer BB. nicHway 331 souTH TALLAHASSEE, FLORIDA 82312 SANTA ROSA BEACH, FLORIDA 32459 DIVISION OF seeo coz, ‘ foal iF " ADMINISTRATIVE S > 622-5668 October 23,2001 MEARINGS ” repty to: (850) 386-5569 Panta Resa Beach Ms. Kathleen Richards Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street oe ae “Tallahassee, FL 32399-0400 Re: Charlie Crist v. David L. Brown: Case No. 990-0010-C Dear Kathleen: The parties have been unable to reach an agreement for settlement of the referenced matter. Accordingly, please refer this case to the Division of Administrative Hearing for the purpose of conducting a formal hearing. If you have any questions please call me. Thank you very much for your cooperation. Yours very truly, avid Holder JDH/dh cc: Ron Stowers, Esquire Mr. David L. Brown LI:€ Wd GE 130 15 [eas

Docket for Case No: 01-004587PL