I0-9399PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-0022 RICHARD BERQUIST, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against RICHARD BERQUIST. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 IL The Respondent holds Florida Educator’s Certificate 362954, covering the area of Guidance and Counseling, which is valid through June 30, 2014. 2. Atal] times pertinent hereto, the Respondent was employed as a Guidance Counselor at Pompano Beach High School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about August 8, 2006, Respondent removed merchandise from a retail establishment without paying for it and with the intention of converting it to his own use. Respondent was issued a Notice to Appear and was charged with one count of Theft to Deprive. On or about February 7, 2007, the charge was nolle prossed subsequent to Respondent’s completion of a pre-trial intervention program. RICHARD BERQUIST Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barting the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this_| OF Dy of feb, Leeay, 2010 sioner of Education State of Florida

Docket for Case No: 10-009399PL