STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-2090 DESTA KELLEHER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files, this Administrative Complaint against DESTA KELLEHER. 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: 1. The Respondent holds Flonda Educator’s Certificate 880532, covering the area of Prekindergarten/Primary Education, which was valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Scott Lake Elementary School in the Polk County School District. MATERIAL ALLEGATIONS 3. On or about December 31, 2009, in Polk County, Florida, Respondent operated a vehicle in a reckless manner and exhibited signs of being under the influence of alcohol or drugs. Respondent was arrested and charged with one count of Driving Under the Influence. On or about july 6, 2010, Respondent pled nolo contendere to and was adjudicated guilty of the lesser charge of Reckless Driving with Alcohol as a Factor. Among other things, Respondent was sentenced to {2 months probation. DESTA KELLEHER Administrative Complaint Page 3 of 3 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 DV day of buy, 2012. Commissioner of Education State of Florida

Docket for Case No: 13-000113PL