Petitioner: MONROE COUNTY SCHOOL BOARD
Respondent: MARISA GOOTEE
Judges: EDWARD T. BAUER
Agency: County School Boards
Locations: Key West, Florida
Filed: Feb. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 6, 2012.
Latest Update: Dec. 23, 2024
Jools
THE STATE OF FLORIDA .
THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA 2 oh
Dr. JOSEPH P. BURKE,
Superintendent of Schools, Case No.
Petitioner,
MARISA GOOTEE,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, Dr. JOSEPH P. BURKE , Superintendent of Schools of Monroe
County, Florida, files this Administrative Complaint, pursuant to Chapters 120, 1001
and 1012, Florida Statutes (2003), Rules 6B-1.001, 6B-1.006, and 6B-4.009, Florida
Administrative Code, and the Policies of the School District of Monroe County, Florida
and states as follows:
JURISDICTIONAL BASIS
1. The agency is The School Board of Monroe County, Florida, located at
241 Trumbo Road, Key West, Florida 33040,
2. The Petitioner, Dr. JOSEPH P. BURKE, is the Superintendent of Schools
of Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040.
3. The Petitioner is statutorily obligated to recommend the placement of all
schoo! personnel and to require all employees to observe and comply with all laws,
rules and regulations. Petitioner is required by law to report and recommend
appropriate action against any school employee who fails to comply therewith, inclusive
of the Respondent, MARISA GOOTEE.
4. The Respondent, MARISA GOOTEE, is an employee of the School Board
of Monroe County, Florida, and is currently employed as a teacher at Key West High
School in the Monroe County School District.
5. The last known address of the Respondent, MARISA GOOTEE, is 15
Beechwood Dr. Key West Florida 33040.
ADMINISTRATIVE CHARGES
Petitioner, DR. JOSEPH P. BURKE, re-alleges the above and states as follows:
6. At all times pertinent hereto, the Respondent was employed as a teacher
at Key West High School in the Monroe County Schoo! District.
7. On December 9th, 2009 Schoo! District Legal met with Respondent,
MARISA GOOTEE, to discuss allegations that she was receiving two separate amounts
of compensation for the same period of work time.
8. Respondent admitted to receiving additional compensation from the
School Board for time which was already being paid for by the School Board.
9, In order to receive the duplicative compensation Respondent submitted
false time sheets attesting to additional work hours which were not actually worked in
addition to those already being paid for by the School Board.
10. School Board Policy 3210, Entitled Standards of ethical conduct provides
in relevant part;
Bylaws & Policies
3210 - STANDARDS OF ETHICAL CONDUCT
An effective educational Program requires the services of men and women of integrity, high ideals, and
human understanding.
The School Board hereby establishes the following as the standards of ethical conduct for all instructional
Staff members in the District:
15. maintain honesty in all Professional dealings.
22. not submit fraudulent information on any document in connection with professional activities.
11. The Florida Department of Education has promulgated Rules of
Professional conduce to which every member of the education profession must adhere,
Pursuant to Section 1012.795 Florida Statutes, including;
Code of Ethics — Education Profession
6B-1.006 Principles of Professional Conduct for the Education Profession in
Florida
6B-1.001 Code of Ethics of the Education Profession in Florida.
I. The educator values the worth and dignity of every person, the pursuit of truth, devotion
to excellence, acquisition of knowledge, and the nurture of democratic citizenship.
3
Essential to the achievement of these standards are the freedom to learn and to teach and
the guarantee of equal opportunity for all.
N
The educator's primary professional concern will always be for the student and for the
development of the student's potential. The educator will therefore strive for professional
growth and will seek to exercise the best professional judgment and integrity.
3. Aware of the importance of maintaining the respect and confidence of one's colleagues, of
students, of parents, and of other members of the community, the educator strives to
achieve and sustain the highest degree of ethical conduct,
Specitic Authority 229.053(1), 231 .546(2)(b) FS, Law Implemented 231 -546(2)(b) FS. History -
New 3-24-65, Amended 8-9-69, Repromulgated 12-5-74, Amended 8-12-81, 7-6-82, Formerly
6B-1.01.
6B-1.006 Principles of Professional Conduct for the Education Profession in Florida.
|. The following disciplinary rule shall constitute the Principles of Professional Conduct for
the Education Profession in F lorida.
2. Violation of any of these principles shall subject the individual to revocation or
suspension of the individual educator's certificate, or the other penalties as provided by
law.
3. Obligation to the student requires that the individual:
a, Shall make reasonable effort to Protect the student from conditions harmful to
learning and/or to the student's mental and/or physical health and/or safety.
b. Shall not unreasonably restrain a student from independent action in pursuit of
learning.
c. Shall not unreasonably deny a student access to diverse points of view,
d. Shall not intentionally suppress or distort subject matter relevant to a student's
academic program.
Shall not intentionally expose a student to unnecessary embarrassment or
disparagement,
a
f. Shall not intentionally violate or deny a student's legal rights.
g. Shall not harass or discriminate against any student on the basis of race, color,
religion, sex, age. national or ethnic origin, political beliefs, marital status,
handicapping condition, sexual orientation, or social and family background and
4
shall make reasonable effort to assure that each student is protected from
harassment or discrimination.
Shall not exploit a relationship with a student for personal gain or advantage.
Shall keep in confidence personally identifiable information obtained in the
course of professional service, unless disclosure serves professional purposes or is
required by law.
4. Obligation to the public requires that the individual:
a.
d.
e.
Shall take reasonable precautions to distinguish between personal views and those
of any educational institution or organization with which the individual is
affiliated,
Shall not intentionally distort or misrepresent facts concerning an educational
matter in direct or indirect public expression.
Shall not use institutional privileges for personal gain or advantage.
Shall accept no gratuity, gift, or favor that might influence professional judgment,
Shall offer no gratuity, gift, or favor to obtain special advantages.
5. Obligation to the profession of education requires that the individual:
a.
b.
e.
Shall maintain honesty in all professional dealings.
Shall not on the basis of race, color, religion, sex, age, national or ethnic origin,
political beliefs, marital Status, handicapping condition if otherwise qualified, or
social and family background deny to a colleague professional benefits or
advantages or participation in any professional organization.
Shall not interfere with a colleague's exercise of political or civil rights and
responsibilities.
Shall not engage in harassment or discriminatory conduct which unreasonably
interferes with an individual's performance of professional or work
responsibilities or with the orderly processes of education or which creates a
hostile, intimidating, abusive, offensive, or oppressive environment; and, further,
shall make reasonable effort to assure that each individual is protected from such
harassment or discrimination,
Shall not make malicious or intentionally false statements about a colleague.
Shall not use coercive means or promise special treatment to influence
professional judgments of colleagues.
5
Shall not misrepresent one's own professional qualifications.
- Shall not submit fraudulent information on any document in connection with
professional activities,
Shall not make any fraudulent statement or fail to disclose a material fact in one's
Own or another's application for a professional position.
Shall not withhold information regarding a position from an applicant or
misrepresent an assignment or conditions of employment.
Shall provide upon the request of the certificated individual a written statement of
specific reason for recommendations that lead to the denial of increments,
significant changes in employment, or termination of employment.
Shall not assist entry into or continuance in the profession of any person known to
be unqualified in accordance with these Principles of Professional Conduct for the
Education Profession in F lorida and other applicable Florida Statutes and State
Board of Education Rules,
investigatory or adjudicatory. In addition, 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 Contendre for any criminal offense other
than a minor traffic violation within forty-eight (48) hours after the final
judgment. When handling sealed and expunged records disclosed under this tule,
school districts shall comply with the confidentiality provisions of Sections
943.0585(4)(c) and 943.059(4)(c), Florida Statutes.
Shall report to appropriate authorities any known allegation of a violation of the
Florida School Code or State Board of Education Rules as defined in Section
1012.795¢1), Florida Statutes.
Shall seek no reprisal against any individual who has reported any allegation of a
violation of the Florida School Code or State Board of Education Rules as defined
in Section !012.795(1), Florida Statutes,
Shall comply with the conditions of an order of the Education Practices
Commission.
q. Shall, as the supervising administrator, cooperate with the Education Practices
Commission in monitoring the probation of a subordinate.
12. That the Respondent has violated School Board policy and Florida Statutes
and the Educators Code of Conduct by,
a. Preparing false time sheets for identical work hours,
b. Submitting false time sheets indicating additional work hours which
were not actually worked,
c. Receiving additional compensation for work which had already
been paid for by the School Board,
d. Exposing the School Board to liability for “Perkins Funds” usage in
manners either inappropriate, or false give time sheets were
submitted that were for time already paid for by the School Board.
13. | Pursuant to Florida Statutes and School Board Policies and Rules, on
January 15, 2010 Petitioner sent written notice to Respondent advising that Petitioner
recommended termination, and further advised Respondent of Respondents right to
request a hearing to contest the charges, attached hereto as Exhibit “A” and
incorporated herein.
12. On January 21,2010, Respondent requested in writing a hearing to
challenge the termination of Respondent.
DEMAND FOR RELIEF
13. Petitioner, DR. JOSEPH P. BURKE, Superintendent of Schools of Monroe
County, Florida recommends that the Monroe County School Board, after providing the
requisite notice, dismiss the Respondent, MARISA GOOTEE, from his employment as
an employee predicated upon the foregoing facts and legal authority.
EXECUTED this 2] day of “PI NU 4 , 2010.
=
STATE OF FLORIDA )
) SS:
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally appeared, DR. JOSEPH P.
BURKE, to be known to be the person described in the foregoing instrument: and he
acknowledged that he executed the foregoing instrument for the Purpose therein
contained.
PF) aay of NUL ,
WITNESS my hand and seal this ' day of un 0 Nt __, 2010.
bly fe!
NOTARY PUBLIC, STATE OF
FLORIDA
My Commission Expires:
2of Florida
gone Stak
my
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of this document has been furnished to
MARISA GOOTEE, Via Facsimile through her attorney Nathan Eden (305)295-2828
and Chery! Allen, Director of Personnel, Monroe County School Board, 241 Trumbo
Road, Key West, Florida 33040, by mail this Ct day of a a , 2010.
By.
irk M. Smp#O/Esq.
forida Bar No.: 911518
Schools Attorney
Members of the Road
Dusirict =
STEVEN PRIBRAMSKY
Onstrnt 3 2
ANDY GRIFFITHS
DR. JOSEPH P. BURKE Chair
Superintendent of Schoots Diseencn #4
DR. R. DUNCAN MATHEWSON, [11
Diswrct 24
JOUN R. DICK
Vice Chair
“Student Success, District #5
. Whatever It Takes” DR. REBRA WALKER
January 15, 2010
Marisa Gootee
15 Beechwood Drive,
Key West, FL 33040
And via hand delivery at Key West High School
Dear Mrs. Gootee,
It has come to my attention that you have violated School Board Policy 3210, Flofidla Statute
and The Code of Ethics for the Education Profession by preparing and submitting false time
reports for additional compensation for time which you were already being compensated for
under your School Board Contract. This conduct is grounds for discipline up to and including
termination.
You are hereby immediately suspended without pay up through the next School Board meeting
on January 26, 2010. This action is being taken for cause in accordance with School Board
Policies, including section 3140, Florida statutes, including 1012.34 and, to the extent it
applies, the Collective Bargaining Agreement. The meeting will be held at the Key West
Administration Building Board Room at 5 pm. At the meeting, I will recommend to the School
Board that your employment be terminated for the reasons stated above, as well as, contained
In the meantime, please make atrangenients to turn over any and all District property and keys
you have in your possession to your supervisor. Under the Union Contract, Section V, and/or
Chapter 120 of the Florida Statutes you have the right to request a hearing. In the event that a
written request or petition for a hearing is not received by my office within ten (10) calendar
days after receipt of this notice, you will waive your right to a hearing.
Please govern yourself’ ac cordingly,
Sincerely,
Po cmel ¢ fl
2
&
- Burke
a
Or Toseph
sap Ue A
CO: Cheryl Allen, Human Resources Director Eynt Bid
John Welsh Princisal
Leon Fowler, Cited Teachers of Monroe
i bom
Docket for Case No: 10-000495TTS
Issue Date |
Proceedings |
Oct. 18, 2013 |
Respondent's Post Hearing Brief filed.
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Aug. 23, 2013 |
Notice of Appearance (filed by Robert Michael).
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Mar. 21, 2013 |
Motion to Reopen Division File filed. (DOAH CASE NO. 13-1083TTS ESTABLISHED FOR M. GOOTEE AND DOAH CASE NO. 13-1084TTS FOR D. GOOTEE)
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Jul. 06, 2012 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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Jul. 03, 2012 |
Order Granting Motion to Withdraw as Counsel.
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Jun. 28, 2012 |
Notice of Appearance (Edward de le Parte, Jr.; filed in Case No. 10-000497TTS).
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Jun. 28, 2012 |
Motion to Withdraw as Counsel filed.
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Jun. 28, 2012 |
Notice of Appearance (Edward de la Parte, Jr.) filed.
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Apr. 23, 2012 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by July 2, 2012).
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Apr. 20, 2012 |
Joint Motion for Stay of Final Hearing Pending Settlement (filed in Case No. 10-000497TTS).
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Apr. 20, 2012 |
Joint Motion for Stay of Final Hearing Pending Settlement filed.
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Jan. 12, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 30 through May 2, 2012; 8:30 a.m.; Key West and Tallahassee, FL).
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Jan. 05, 2012 |
Notice of Conflict filed.
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Oct. 03, 2011 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 13 through 15, 2012; 9:00 a.m.; Key West and Tallahassee, FL).
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Sep. 12, 2011 |
Amended Motion for Continuance filed.
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Sep. 06, 2011 |
Motion for Continuance filed.
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Aug. 17, 2011 |
Notice of Conflict filed.
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Aug. 15, 2011 |
Amended Notice of Conflict filed.
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Jun. 09, 2011 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 17 and 18, 2011; 9:00 a.m.; Key West and Tallahassee, FL).
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Jun. 08, 2011 |
Amended Joint Stipulation for Continuance of Final Hearing filed.
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Jun. 08, 2011 |
Joint Stipulation for Continuance of Final Hearing filed.
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Feb. 16, 2011 |
David Gootee's Notice of Service of Answers to Interrogatories filed.
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Feb. 16, 2011 |
Marissa Gootee's Notice of Service of Answers to Interrogatories filed.
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Feb. 14, 2011 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 13 and 14, 2011; 9:00 a.m.; Key West and Tallahassee, FL).
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Feb. 04, 2011 |
Motion for Continuance filed.
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Jan. 25, 2011 |
Order Compelling Discovery.
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Jan. 18, 2011 |
Petitioner's Motion for Order to Compel Discovery filed.
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Dec. 06, 2010 |
Petitioner's Response to Respondents' Joint Request for Production of Documents filed.
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Nov. 19, 2010 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for March 15 through 17, 2011; 9:00 a.m.; Key West and Tallahassee, FL).
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Nov. 03, 2010 |
Letter to Judge Bauer from C. McCain regarding possible dates for the rescheduled final hearing filed.
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Oct. 28, 2010 |
Amended Order Canceling Hearing and Scheduling Telephone Status Conference.
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Oct. 25, 2010 |
Order Cancelling Final Hearing and Scheduling Telephone Status Conference.
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Oct. 22, 2010 |
Joint Stipulation for Continuance of Final Hearing and Request for Telephonic Status Conference (filed in Case No. 10-000497).
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Oct. 22, 2010 |
Joint Stipulation for Continuance of Final Hearing and Request for Telephonic Status Conference filed.
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Oct. 22, 2010 |
Joint Stipulation for Continuance of Final Hearing and Request for Telephonic Status Conference filed.
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Sep. 24, 2010 |
Petitioner's Notice of Service of Verified Answers to Respondents' First Set of Interrogatories filed.
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Sep. 20, 2010 |
Petitioner's Notice of Service of Answers to Respondents' First Set of Interrogatories filed.
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Aug. 11, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 26 and 27, 2010; 9:00 a.m.; Key West and Tallahassee, FL).
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Aug. 05, 2010 |
Stipulated Motion for Continuance (filed in Case No. 10-000497).
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Jul. 23, 2010 |
Petitioner's Notice of Service of First Set of Interrogatories to Respondent, Marissa Gootee filed.
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Jul. 23, 2010 |
Petitioner's Notice of Service of First Set of Interrogatories to Respondent, David Gootee filed.
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Jul. 23, 2010 |
Petitioner's Request for Production of Documents filed.
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Jul. 07, 2010 |
Order Granting Motion to Withdraw as Counsel.
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Jul. 01, 2010 |
CASE STATUS: Motion Hearing Held. |
Jun. 30, 2010 |
Motion to Withdraw as Counsel (filed in Case No. 10-000497).
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Jun. 30, 2010 |
Motion to Withdraw as Counsel filed.
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Apr. 26, 2010 |
Notice of Mediation filed.
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Apr. 13, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 10 and 11, 2010; 9:00 a.m.; Key West and Tallahassee, FL).
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Apr. 12, 2010 |
Notice of Taking Deposition (John Andola) filed.
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Apr. 12, 2010 |
Stipulated Motion for Continuance filed.
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Apr. 07, 2010 |
Amended Notice of Deposition as to Video Only filed.
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Apr. 06, 2010 |
Notice of Taking Depositions filed.
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Apr. 06, 2010 |
Amended Notice of Depositions (amended as to Time and Date only) filed.
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Apr. 06, 2010 |
Return of Service filed.
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Apr. 05, 2010 |
Notice of Depositions (of A. Griffiths, J. Jara; filed in Case No. 10-000497).
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Apr. 05, 2010 |
Notice of Depositions (of A. Griffiths, J. Jara) filed.
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Mar. 31, 2010 |
Notice of Taking Deposition (filed in Case No. 10-000497).
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Mar. 31, 2010 |
Notice of Taking Deposition filed.
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Mar. 30, 2010 |
Notice of Taking Depositions (filed in Case No. 10-000497).
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Mar. 30, 2010 |
Notice of Taking Depositions filed.
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Mar. 10, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for April 27 and 28, 2010; 9:00 a.m.; Key West and Tallahassee, FL; amended as to Video).
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Feb. 16, 2010 |
Request for Administrative Hearing (for David Gootee) filed.
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Feb. 16, 2010 |
Agency referral (for David Gootee) filed.
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Feb. 16, 2010 |
Request for Administrative Hearing (for Marisa Gootee) filed.
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Feb. 16, 2010 |
Agency referral (for Marisa Gootee) filed.
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Feb. 11, 2010 |
Letter to Whom it may concern from D. Smits regarding termination filed.
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Feb. 10, 2010 |
Order of Pre-hearing Instructions.
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Feb. 10, 2010 |
Notice of Hearing (hearing set for April 27 and 28, 2010; 9:00 a.m.; Key West, FL).
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Feb. 10, 2010 |
Order of Consolidation (DOAH Case Nos. 10-0495, 10-0497).
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Feb. 09, 2010 |
Notice of Appearance filed.
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Feb. 08, 2010 |
Petitioner's Unilateral Response to Initial Order filed.
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Feb. 08, 2010 |
Unilateral Response to Initial Order filed.
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Feb. 01, 2010 |
Initial Order.
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Feb. 01, 2010 |
Request for Administrative Hearing filed.
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Feb. 01, 2010 |
Administrative Complaint filed.
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Feb. 01, 2010 |
Notice of Suspension without Pay filed.
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Feb. 01, 2010 |
Agency referral filed.
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