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JOHN WINN, AS COMMISSIONER OF EDUCATION vs MARITZA GARCIA, 06-001239PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001239PL Visitors: 20
Petitioner: JOHN WINN, AS COMMISSIONER OF EDUCATION
Respondent: MARITZA GARCIA
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 12, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 22, 2006.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-2390-B MARITZA M. GARCIA, (lo-19>4AL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against MARITZA M. GARCIA. 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 Conduet 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 693578, covering the areas of Educational Leadership, Mentally Handicapped, and Specific Learning Disabilities, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal at Barbara Goleman Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 16, 2001, Respondent knowingly and unlawfully sold R.V. an insurance policy issued by an unlicensed insurance company, had the policy financed by an unlicensed company, and aided an unlicensed agent to do business as part of that transaction in violation of the Florida Insurance Code and Rules of the Department of Insurance. As a result of Respondent’s conduct, R.V. suffered a financial loss. MARITZA M. GARCIA Administrative Complaint Page 2 of 3 4. On or about June 22, 2001, Respondent knowingly and unlawfully aided an unlicensed agent to engage in an insurance transaction where the insured, J.G., was falsely told he had liability and cargo coverage with two separate companies when in fact he did not. Respondent’s actions are in violation of the Florida Insurance Code and Rules of the Department of Insurance. As aresult of Respondent’s conduct, J.G. suffered financial harm to his business. 5. On or about December 31, 2002, the Department of Insurance filed an Administrative * Complaint against Respondent to which Respondent failed to answer. On or about June 2, 2003, the Department of Insurance issued and Order of Revocation, revoking any and all insurance licenses held by Respondent. 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. COUNT2: 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. RULE VIOLATIONS COUNT 3: 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. COUNT4: TheRespondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. MARITZA M. GARCIA Administrative Complaint - Page.3 of 3 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 Aitth day of Maat , 2004. C&8mmissioner of Education State of Florida

Docket for Case No: 06-001239PL
Issue Date Proceedings
May 22, 2006 Order Closing File. CASE CLOSED.
May 19, 2006 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
May 16, 2006 Notice of Service of Respondent`s Response to Petitioner`s Request for Production to Respondent filed.
May 16, 2006 Notice of Service of Respondent`s Response to Petitioner`s First Set of Interrogatories to Respondent filed.
May 16, 2006 Notice of Service of Respondent`s Response to Petitioner`s Request for Admissions to Respondent filed.
May 08, 2006 Notice of Service of Respondent`s First Request for Production to Petitioner filed.
Apr. 24, 2006 Order of Pre-hearing Instructions.
Apr. 24, 2006 Notice of Hearing (hearing set for June 7 and 8, 2006; 9:30 a.m.; Miami, FL).
Apr. 20, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Apr. 20, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Apr. 20, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Apr. 20, 2006 Joint Response to Initial Order filed.
Apr. 12, 2006 Initial Order.
Apr. 12, 2006 Finding of Probable Cause filed.
Apr. 12, 2006 Administrative Complaint filed.
Apr. 12, 2006 Addendum to Election of Rights filed.
Apr. 12, 2006 Notice of Appearance (filed by J. Casey).
Apr. 12, 2006 Election of Rights filed.
Apr. 12, 2006 Notice of Appearance (filed by C. Whitelock).
Apr. 12, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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