STATE OF FLORIDA COMPELS SHON EDUCATION PRACTICES COMMISSIONER an E ? qu EG 2A & 63 2 JOHN L. WINN, as . B& A Commissioner of Education, chat a ely Petitioner, ied an) vs. CASE NO: 034-1825. JUDITH SPENCE HEUTER, Respondent. ! OU de fe ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JUDITH SPENCE HEUTER. 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 657920, covering the areas of Art, Elementary Education, and Gifted Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Gifted Education Teacher at Weatherbee Elementary School, in the St. Lucie County School District. MATERIAL ALLEGATIONS 4 3. During 1999, the Respondent was arrested and charged with Driving Under the Influence with Property Damage. On or about March 28, 2001, the Commissioner of Education found probable cause to discipline her Florida Educator's Certificate. On or about September 7, 2001, the Respondent went to an informal hearing before the Education Practices Commission ["EPC"]. On the same date. the EPC issued a final order with the following conditions: letter of reprimand, three years probation, substance abuse counseling in the Recovery Network Program, random substance abuse testing, and no transport of students in or on any motor vehicle. JUDITH SPENCE HEUTER . Administrative Complaint i DEC 82 A 6 65 Page 2 of 3 Were On or about June 17, 2003, in Martin County, the Respondent was observed swerving her vehicle and hitting a curb, When stopped, law enforcement officers observed an odor of alcohol on her breath. He failed a roadside sobriety test and blew a .183 and .177 Breathalyzer. She was arrested and charged with Driving Under the Influence. She pled nolo contendere to the charge. On or about December 17, 2003, the court adjudicated her guilty and sentenced her to pay $500 in court costs, DUI probation for one (1) year, fifty (50) hours community service, vehicle impounded, ten (10) days in jail with credit for time served followed by five (5) weekends in jail. The Respondent failed to report the finding of guilt to the St. Lucie School District within 48 hours of final judgment. On or about March 30, 2004, she was suspended without pay. She elected a formal hearing before the Division of Administrative Hearings. On or about September 10, 2004, the administrative law judge issued a recommended order upholding the suspension without pay and denying the Respondent’s claim for back pay and benefits. 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)(e), Florida Statutes, in that Respondent has been convicted of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation. COUNT3: TheRespondent 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. COUNT4: | TheRespondentis in violation of Section 101 2.795(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. RULE VIOLATIONS COUNTS: The Respondentis in violation ofRule 6B.1006(5)(m), Florida Administrative Code, in that Respondent has failed to self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, Respondent shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than 2 minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed JUDITH SPENCE HEUTER Administrative Complaint mot pee $2 87 8 05 Page 3 of 3 and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes. COUNT 6: The Respondentis in violation of Rule 6B.1006(5)(p), Florida Administrative Code, in that Respondent failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. 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 2572 dayot (O@fe bes, 2004. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 04-004614PL