STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2915

J lJLn; LYNNE HARTER,

Respondent.

'I

ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JULIE LYNNE HARTER. The Petitioner seeks the appropriate disciplinary sanction of the Respondeni'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

1. The Respondent holds Florida.E ducator's Certificate 599068, covering fae areas of Athletic Coaching, Emotionally Handicapped and Specific Leaming Disabilities, which is valid through June 30, 2015.

   
   

2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Lake Gibson High School in the Polk County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about March 4, 2010, in Polk County, Florida, Respondent was involved in a traffic crash in which she struck a law enforcement vehicle, injuring a law enforcement officer. Respondent fled the scene without stopping or attempting to render aid. Law enforcement officers pursued Respondent as she drove at speeds of up to 100 miles per hour. At the conclusion of the pursuit, Respondent refused to exit her vehicle, and a law enforcement officer had to break her driver's side window and physically remove her from the vehicle. Upon contact with Respondent, law enforcement officers noticed a strong odor of alcoholic beverage coming from Respondent, and

   
   

   Filed July 20, 2011 9:30 AM Division of Administrative Hearings

   
   

   JULIE LYNNE HARTER

   Administrative Complaint

   Page 2 of3

   
   

   noticed that her eyes were dilated and watery. Respondent failed sobriety exercises and refused to submit to a breath test. Respondent was charged with one countofDriving Under the Influence; one count of Leaving the Scene of a Crash Involyjng Injury; one count of Fleeing or Attempting to Elude; and one count of Resisting Officer Without Violence. The charges of Driving Under the Influence and Fleeing or Attempting to Elude werenolle prossed. On or about December 10, 2010, Respondent pied guilty to, and the court withheld adjudication for the charges of Leaving the Scene of a Crash Involyjng Injury and Resisting Officer Without Violence.

   
   

4. Pursuant to Section 1012.795(2), Florida Statutes, the plea of guilty or the 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 10i2. 795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by mle 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 yjolation.

(SIGNATURE ON FOLLOWING PAGE)

JULIE LYNNE HARTER

Administrative Complaint

Page 3 of3

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 IO12. 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 1() years or permanently.

EXECUTED on this \ \        day of (Y\o,l,

, 2011.

DR. E

Commissioner of Education State of Florida

Docket for Case No: 11-003495PL