STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, VS. CASE NO. 112-0160 GUIDO JOSEPH BILSTEIN, Respondent. ADMINIS TIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against GUIDO JOSEPH BILSTEIN. 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 6A- 10.081, 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 Educator’s Certificate 816966, covering the areas of Biology, Educational Leadership, Elementary Education, English for Speakers of Other Languages (ESOL), Social Science, World Language - Spanish,.and Exceptional Student Education, which is valid through June 30, 2018. 2. Atall times pertinent hereto, the Respondent was employed as an ESOL Teacher at Gratigny Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3, On or about August 25, 2007, in Miami-Dade County, Florida, the Respondent was in possession of an alcoholic beverage and engaged in disruptive conduct in public, which included waving his arms and directing profanity at a law enforcement officer. The Respondent was arrested and charged with Disorderly Intoxication. On or about September 4, 2007, the Respondent eritered into a pretrial intervention program and the charge was later nolle prossed. GUIDO JOSEPH BILSTEIN Administrative Complaint Page 2 of 3 4, On or about February 29, 2008, the Respondent submitted an Application for Renewal ofan Educator’s Professional Certificate. The application included the question “Have you ever been convicted, found-guilty, had adjudication withheld, entered into a pre-trial diversion program or pled.guilty or nolo contendere (no contendere) to a criminal offense other than a minor traffic violation...” The Respondent answered “no” and did not acknowledge that he had entered into a pretrial intervention as alleged in Paragraph 3 of this Administrative Complaint. 5, On or about November 19, 2008, the Respondent submitted an Add-On, Duplicate or Name-Change Application for an Educator’s Professional Certificate. The application included the question “Have you ever been convicted, found guilty, had adjudication withheld, entered into apre-trial diversion program or pled guilty or nolo contendere (no contendere) to a criminal offense other than a minor traffic violation....” The Respondent answered “no” and didnot acknowledge that he had entered. into a pretrial intervention as alleged in Paragraph 3 of this Administrative Complaint. 6, Qn or about September 24, 2009, in Miami-Dade County, Florida, the Respondent was found to be sleeping on a sidewalk. When awoken by a police officer, the Respondent dropped his pants, exposed his genitals and while attempting to urinate. The Respondent was arrested and charged with Disorderly Intoxication and Resisting an Officer Without Violence. On or about February 18, 2010, the Respondent was acquitted of Disorderly Intoxication. The court withheld adjudication on the. charge of Resisting an Officer Without Violence. The Petitioner charges: STATUTE VIOLATIONS COUNT It: — The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: The Respondent is in violation of Section 1012,793(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. COUNT3: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.08 1(5)(a), Flotida Administrative Code, in that Respondent has failed to maintain honesty inal] professional dealings. GUIDO JOSEPH BILSTEIN Administrative Complaint Page 3 of 3 COUNT 5: The Respondent is in violation of Rule 6A-10.081(5)(s), Florida Administrative Code, in that Respondent has misrepresented. his professional qualifications. 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 educatot’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 day «Daly , 2013, @/(eran DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 14-000245PL