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JIM HORNE, AS COMMISSIONER OF EDUCATION AND DEPARTMENT OF EDUCATION vs LAURA D. PORTER, 04-001179PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001179PL Visitors: 5
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION AND DEPARTMENT OF EDUCATION
Respondent: LAURA D. PORTER
Judges: WILLIAM R. PFEIFFER
Agency: Department of Education
Locations: Orlando, Florida
Filed: Apr. 08, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 8, 2004.

Latest Update: Dec. 22, 2024
CYT PC Seo ky OE 2S FLORIDA DEPARTMENT OF EDUCATION & de STATE BOARD OF EDUCATION Jim HORNE F. PHILIP HaNpy, Chairman Commissiorige of Education ‘T. WILLARD Fair, Vice Chairman 3 sg ¢ ast Read, : Members xc a idal. Linpa J. Eaps, Ep.D. = . rod fee - ~~ CuaRLes PatRICK Garcia Furia L. JOHNSON = : a ei WILLIAM L. PROCTOR, Pit.D. Cad eet on = ree Linpa K, FaYLoR Ns @ March 10, 2004 CERTIFIED MAIL Ms. Laura Porter RE: Finding of Probable Cause 5445 Ferrol Drive Case No: 023-0063-Q Winter Park, Florida 32792 SSN: Dear Ms. Porter: Pursuant to the provisions of Sections 1012.796 and 1012.795, 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 1012.796(6) and 1012.795(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 Educator 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, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, twrHorrle JH:DA:j ENCLOSURES 325 W. GAINES STREET * SUITE 224-E » TALLAHASSEE, FL 32399-0400 + (850) 245-0438 + www. fidoe.org & STATE OF FLORIDA sat oad EDUCATION PRACTICES COMMISSION, . gt, APR -8 PM 12:03 JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-0063-Q LAURA D. PORTER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against LAURA D. PORTER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012. 795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 783852, covering the areas of Guidance and Counseling, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Guidance Counselor at University High School, in the Orange County School District. MATERIAL ALLEGATIONS 3. During March, 1998, Professional Practices Services investigated the Respondent for a 1996 charge of Aggravated Battery. After encountering her ex-husband in a parking lot, the Respondent yelled obscenities at him and struck him with an aluminum baseball bat on the arm and wrist against his will. At the victim's request, the Respondent was not prosecuted. On or about May 27, 1998, the Commissioner of Education found no probable cause to deny the Respondent's application for a Florida Educator's Certificate (PPS Case #978-2384-LA). LAURA D. PORTER Administrative Complaint Page 2 of 2 4. On or about January 25, 2002, while at a public park in Orange County, the Respondent engaged in a verbal argument with an adult male after he failed to pick up his dog's feces as required by city ordinance. The Respondent struck the adult male in the face against his will, causing his eye to later swell shut. The two then proceeded to punch and kick each other and pull each other's hair. They fell to the ground and were separated by witnesses. The adult male was transported to the hospital for medical attention. The Respondent was arrested and charged with Battery. She pled nolo contendere to the charge. On or about June 12, 2002, the court withheld adjudication and sentenced her to 180 days probation, $266.00 in court costs and fines, and completion of an anger management class. On or about January 28, 2002, the Respondent received a directive instructing her to "conduct herself in a professional manner at all times." On or about May 29, 2003, the Respondent's contract with the Orange County Public School District was not renewed and she was terminated effective the same day. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 _/J _ dayof Wp arth. 2004. CAME JIM HORNE, as mmissioner of Education State of Florida

Docket for Case No: 04-001179PL
Issue Date Proceedings
Jun. 09, 2004 Memo to Judge Pfeiffer from EPC regarding cancelled request for a court reporter (filed via facsimile).
Jun. 08, 2004 Order Closing File. CASE CLOSED.
Jun. 07, 2004 Petitioner`s Motion to Close file without Prejudice (filed via facsimile).
Jun. 07, 2004 Letter to Judge Pfeiffer from K. Holbrook regarding Deposition of L. Porter (filed via facsimile).
Jun. 02, 2004 Emergency Motion to Compel Compliance with Order of Pre-hearing Instructions (filed by Petitioner via facsimile)
May 20, 2004 Petitioner`s Witness List (filed via facsimile).
May 20, 2004 Petitioner`s Exhibit List (filed via facsimile).
May 06, 2004 Subpoena Duces Tecum (2), (Records Custodian Orange County School Board and Records Custodian Winter Park Police Department) filed via facsimile.
May 06, 2004 Notice of Production from Non-Party (filed by K. Holbrook via facsimile).
May 05, 2004 First Request for Production of Documents (filed by Petitioner via facsimile).
May 05, 2004 Petitioner`s Requests for Admissions (filed via facsimile).
May 05, 2004 Notice of Service (filed by K. Holbrook via facsimile).
May 05, 2004 Notice of Taking Deposition (L. Porter) filed via facsimile.
Apr. 21, 2004 Order of Pre-hearing Instructions.
Apr. 21, 2004 Notice of Hearing by Video Teleconference (video hearing set for June 11, 2004; 9:00 a.m.; Orlando and Tallahassee, FL).
Apr. 16, 2004 Petitioner`s Response to Court`s Initial Order (filed via facsimile).
Apr. 08, 2004 Initial Order.
Apr. 08, 2004 Notice of Appearance, Requesting a Hearing filed.
Apr. 08, 2004 Election of Rights filed.
Apr. 08, 2004 Administrative Complaint filed.
Apr. 08, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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