STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as p L Soe, ® Commissioner of Education, | 0 - Gc AY CERO. a Petitioner, “ vs. CASE NO. 089-1775 TIMOTHY BRIGHTBILL, Respondent. ADMINIS TIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against TIMOTHY BRIGHTBILL. 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 Co de, 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 675980, covering the area of Music, which is valid through June 30, 2012. : : 2. At all times pertinent hereto, the Respondent was employed as a Band Teacher at Nature Coast Technical High School in the Hernando County School District. MATERIAL ATIONS 3. During November and December of 2008, the Respondent engaged in sexual activity with a seventeen year-old female student at the Respondent’s residence and at the student’s residence. The Respondent was arrested in Hernando County and charged with three counts of sexual activity with a minor, in violation of Section 794.05, Florida Statutes. TIMOTHY BRIGHTBILL Administrative Complaint Page 2 of 3 4. On or about August 20, 2009, the Respondent entered a plea of guilty to two counts of sexual activity with a minor. The Respondent was adjudicated guilty and sentenced to 109 months incarceration and declared a sex offender. The third count of sexual activity was nolle prossed. : 5. Pursuant to Section 1012.315, Florida Statutes, the Respondent is disqualified from educator certification because he has been convicted of sexual activity with a child in violation of Section 794.05, Florida Statutes. . 6. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty and decision of guilty by a court is prima facie proof of grounds for the revocation or other sanction of a teaching certificate. - 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. COUNT 2: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor ... traffic violation. one enter nenpeee nt nein ni COUNT 3: The Respondent is in violation of Section 1012.795( 1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. ; COUNT 4: The Respondent is in violation of Section 1012.795(1)(), F lorida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 5: The Respondent is subject to Section 1012.795(1)(n), Florida Statutes, in that Respondent has been disqualified from educator certification under 1012.315, Florida Statutes. RULE VIOLATIONS COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. TIMOTHY BRIGHTBILL Administrative Complaint Page 3 of 3 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement: 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 barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this Qyyi_ day of Pood, , 2010. Commissioner of Ediication State of Florida

Docket for Case No: 10-009924PL