Before the Education Practices Commission of the State of Florida

PAM STEWART,

Commissioner of Education, Petitioner,

vs. EPC CASE m 17-0082-RT

DOAH CASE m 17-1221PL

ERIC S. DELUCIA, PPS m 156-0133 CERTIFICATE m 915677

Respondent. INDEX m: 18-212-FOF

/

Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on April 12, 2018, in Fort Lauderdale, Florida, for consideration of the Recommended Order (RO) entered in this case by F. SCOTT BOYD, Administrative Law Judge.

Respondent was present. Petitioner was represented by Charles T. Whitelock, Esq. Attached hereto as Exhibit A is a copy of Respondent’s Exceptions.

Ruling on Exceptions

Exception No. 1: Respondent filed an exception to the administrative fine of $3,000.00 as excessive. The exception is rejected.

Exception No. 2: Respondent filed an exception to the payment of Petitioner’s “costs of investigation and prosecution.” The Commission does not have the authority to collect

Filed July 26, 2018 3:43 PM Division of Administrative Hearings

such costs. The exception is granted and no costs for investigation and prosecution will be imposed.

Findings of Fact

1. The Panel hereby adopts the findings of fact in the Recommended Order.

There is competent substantial evidence to support these findings of fact.

Conclusions of Law

1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

2. The Panel hereby adopts the conclusions of law in the Recommended

Order.

Penalty

Upon a complete review of the record in this case, it is therefore ORDERED that:

1. Respondent is assessed an administrative fine of $3,000.00 to be paid within the probationary period.

2. Upon employment in any public or private position requiring a Florida educator=s certificate, Respondent shall be placed on 2 employment years of probation with the conditions that during that period, (s)he shall:

1. Immediately notify the investigative office in the Department of Education upon employment or termination of employment in the state in any public or private position requiring a Florida educator=s certificate.

2. Have Respondent=s immediate supervisor submit annual performance reports to the investigative office in the Department of Education.

   
   

3. Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator.

4. Violate no law and shall fully comply with all district school board policies, school rules, and State Board of Education rules.

5. Satisfactorily perform all assigned duties in a competent, professional manner.

   
   

6. Bear all costs of complying with the terms of a final order entered by the Commission.

7. Provide a certified college transcript to verify successful (a grade of Apass@ or a letter grade no lower than a AB@) completion of 3 hours of college level course-work in the area(s) of Classroom Management, which may be taken online, within the probationary period.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.

DONE AND ORDERED, this 8th day of May, 2018.

CHRISTIE GOLD, Presiding Officer

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST

DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Order was furnished to ERIC

S. DELUCIA, 2044 Northwest 111th Terrace, Coral Springs, FL 33071 and Robert F. McKee, 1718 East 7th Avenue, Suite 301, Tampa, FL 33605 by Certified U.S. Mail, by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Charles T. Whitelock, Esq., 300 Southeast 13th Street, Suite E, Fort Lauderdale, FL 33316-1924 this 8th day of May, 2018.

Lisa Forbess, Clerk

Education Practices Commission

COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Broward County Schools 600 S.E. 3rd Ave.

Ft. Lauderdale, FL 33301-3125

Executive Director, Professional Standards Broward County Schools

600 S.E. 3rd Ave.

Ft. Lauderdale, FL 33301-3125

Lee Ann Gustafson

Senior Assistant Attorney General

F. SCOTT BOYD Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550

Claudia Llado, Clerk

Division of Administrative Hearings Probation

Docket for Case No: 17-001221PL

Orders for Case No: 17-001221PL