STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2095 NICOLE SHERRI BENJOINO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against NICOLE SHERRI BENJOINO. 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 de The Respondent -holds Florida Educator’s-Certificate-7.11962, covering the areas of Social Science and Exceptional Student Education (ESE), which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Lake Worth Community Middle School in the Paim Beach County School District. MATERIAL ALLEGATIONS 3. On or about January 30, 2018, Respondent pled guilty to and was adjudicated guilty of Possession With Intent to Distribute Controlled Substances. As such, Respondent has been convicted of a Federal crime pursuant to Title 21, United States Code Sections 841(a)(1) and 846, which disqualifies Respondent from holding a teaching certificate under Section 1012.315, Florida Statutes, in that Respondent’s conviction is an offense prohibited by Subsections 1012.315(3) and 1012.315(1)(qq), Florida Statutes. E®R-8 NICOLE SHERRI BENJOINO Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(f), 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. COUNT 2: The Respondent is subject to section 1012.795(1)(n), Florida Statutes, in that Respondent has been disqualified from educator certification under section 1012.315, Florida Statutes. 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 “ye day of _ October , 2018. PAM STEWART, as Commissioner of Education State of Florida E®B-3 1, NICOLE BENJOINO, of Pulm Beach County, Klorldn, make, constitute and appoint BEVERLY SPRIGGS, my true and lawful ayont and atiomey-infact for me and in my nume, place and stead, an in my hebwif, and for my use ind benefit, ta exercise: and perform any-act, power, duty, right and obligation whatsoever that | naw have or may “subscquenily acquire the legal right, power, or capacity to. cxercise or perform, In connection with, arising from , or relating 1 any person, item, transaction, thing, business; property (real or personal, tangible or intangible), or maner whatsoever, under the wermy and condilivas, and under the covenants, as the attorncy-in-lucl shall deem proper, including but not limited to the follawing powers: The follow enumerutivn of specific powers is not intended to limit or restrict the ubuve general powers, shall not he construed-or Interpreted as limiting or restricting the above general powers, is nat intended to limit or restsi¢t any : cific: power listcd below, snd shall nul be construed or interpreted os limiting or rostricting any ather Specific power listed below. th Hold Praperty. Tu request, ask, demand, sue for, recover, collect, receive, hold and possess my property As used in this power uf attorney, the term “property” includes all real and persone! property owned by me. my interest in all property held in Joint tenancy, my interest in sll nonhomestead property held in tenancy by the entirety, all proporty over which | hold a power of appointment, and my interest in homestead pruporty to the extend the law allows this powcr ofatorney to extend to homestead property. The term “property” also Includes, but Is not Nmited to, the following: income, interest. dividends, distributions, gifts, legacies, bequests, devises, loans. furnishings, furniturc, perxanal cffects, motor vehicles, boats, Jewelry. tangible personal property, goods. merchandise, fixtures, chattels, sums of money, debts, ducs, commercial paper, checks, drafts, accounts, deposits, mortgages, notes, interests, stock certificutes, shares, bonds, dividends, bank accounts, savings accounts, certificates of deposits, mutual flinds, annuities, pension and retirement benefits, employee benefits, deferred compensation, insurance benefits and proceeds, documents of title, choscs in action intangible personal property, real property. improvements, easements, appurtenances, property rights, causes of action, rights and demands (liquidated and unliquidated). | y incorporate into this power of attomey any exhibit attached to this power of attorney that ides the legal of any re ; all not be required for this power of attorney to | proper y sequent! y ly become owned, 2. Lawsuits. To have. use, take, arbitrations, mediations, Is, other property to which [ am ¢ properly; to ase all lawful thercof; to wdjust, compror for me, on my behalf, and in m rccvipls, dismissals, stipulations, foreclose any mortgage, to bid on mortgagor without foreclosure, and altorney-in-fact. 3. Deul with Property As any interest in that prope my behalf, and in my ayn shull deem. proper: i? {CG} to dediome parks, roads, easements and thoroughfares; {D) £0 apply for building permits, environmental permits, dock pormits, submerged land leasos, rezoning, tand. ust designation changes and any other permits, approvals, leases, changes or things gramed by “governments or agencies relating to the property: (E) to grent, release, modify, and terminate easements relating to it; and «F) to sign closing statements, deeds, conveyances, declaretions, plats, affidavits, contracts, aptions, Avtcs, mortgages, and other as are rolatcd to any of the above powers, and to accept and acknowledge receipt for any and all sums of muncy related to any of the above transactions. 4 layestments. ‘To Invest and reinvest my assets in any type of property or security without regard to the proportion chet investments of the type selected may bear to the rest of my assets; fo exercise all my fights. powers, and privileges as an owner of investments, including but not limited to: vote: grant proxies; pay assessments: participste in'sharcholder agreements. voting trusis, pooling agreements, ‘foreclosures, reorganizations, consolidations, mergers, and liquidations, and incidcm to that participation to deposit securities with and trinsfer tile 10 any protective .or other committce, escrow agent or trustee ‘on the tenis as my attorney-in-fect may decm advisable: exercise or soll stock subscription or conversion rights, and participate in corporate activities in any. capacity permitted by law, including service ws oliver and directnr; to invest in mutual funds; to invest in mongage participations and in shares of investments, investment lasts, investment companies and mutus! funds; (o buy, sell and trade in sccuritics of any nature, including short sates, on margin, and for those purposes maintain and operate margin accounts with brokers and pledge any securities held or purchased by it with brokers as security for loans and advances made to me or for my benefit: to engage investment advisors and agents to perform any act of administration, whether or not discretionary. und to pay compensation for those services $. Borrow Money. 10 borrow money on any, terms from any lender and to mortgage. lien, pledge and “¢ncumber my property by mortgage. deed of trust, security, agrecment, pledge or otherwise. G. Pay Bills. To pay my bills, oxpenses, debts, morigagex and accounts as they conte due and to pay them off ‘in full at the time us my sttorney-in-fact determines advisable, 7. Acquire Property. To purchase, buy, lease, exchange, option, accept and acquire any and all kinds of real and personal property und interests in property, and to contract for any of the above, for me, in my behalf, and in my name and under the terms and conditions, and under the covenants, as my attomey-in-fact shall deem Proper. 8. Abandon Property. To abandon any property my attorncy-in-fact deoms of no value or of insufficient value to warrant keeping or protecting. 9. Businesses. To conduct, engage in, and twansact any and all lawful businesses of whatever nature or kind for me, on my behalf and in my name, whether organized as a sole proprietorship, partmership or corporation, on (he terms, for the time, and in the manner as my attorney-in-fact deems advisable, but subject to the provisions of any third party agreement that may restrict exercise of the following powers: (A) to incorporate, dissolve, fact deems advisable; {C) to enter into buy-sell (E) te borrew money for business purposes and 10 mortgage, pledge, lien or otherwise encumber my assets “{@ sccure’the loan; and bien to exercise with respect 1o-the retention, continuation, and dispositian of the business all the rights und -powors.of'which f-would have been capahlc. 10. Government 1 Programs. ‘I'0 apply for, collect, receive. deposit, hold. cash und use for my benefit all ents and benefits ta which | am entitled from Social Sccurity, Medicare. Medicaid or any government 2 i Dvcuinents, To make, receive, sign, indorsc, endorse, execute, acknowledge, delivery, and possess the ; my attorney-in-fact deems to be advisuble with regard to any of the powers under this power of but not Timited to, the following documents: applications, contracts, ugrcemenis, options. veyunecs, deeds, trust deeds, security agreements, bills of sulc, leases, mortgages. assignments, iex. bills of lading. warehouse receipts, documents of title, bonds, debentures, checks, drafis, bills of ers of loreal promissory notes, stock certificates, proxics, warrants, commercial paper. receipts. ement ithdrawal receipts and deposit instruments rcluting to accounts or deposits in, or certificates vings and loan of other institutions or associations, proofs of loss, evidences of debts, isfactions of mortgages, liens, judgments, security agreements and other debts and obligations: UCC Tas J statements; and other instruments, writings and documents of any kinds, whether on paper, telephone, fax machine or other media or electronic device, as may be necessary or proper in the exercise thes High and powers granted in this power of aramey. 12. Safe-Deposit Boxes, 10 enter any safe-deposit box, vault or other storage area leased by me alone or in conjunction with uny other person, to sign the documents as may be necessary to gain access to same, and to examine, re- move and keep the contents of same as fully as | could if | were present; to lease and to continue the lease of any sale-deposit box leased by me alone or in conjunction with any other person, and avis’ meio sles in my name and on my behalf tax returns, of time, powets of attorney, receipts, offers, conxents, waivers, ; “regarding income, estate, gift, ad valorem, and ‘jocal, state and federal laws: to exercise any elections | may have under from the Intemal Revenue Service and other taxing authorities confidential information and copies of my tax returns; 10 settle and com: promisc tax disputes and controversies; and generally to act in my behalf in all tax matters of all kinds and for all periods before all persons representing nernal Revenue Service and any other taxing authority and to represent and act for me in 1S. Deliveries. To Baigt a Slvery feos Airbome Express, and (9. Probatc Elections, To make any elections or agreements allowed or provided for under the probate laws wi the State of Florida and to exercise any. rights under the Juws, incliding but not limited to slective sharc, exempt property, family allowance. pretenmitted spouse, pretermitted child, and homestead, and 10 file the:petitions, motions and applications us muy be applicable. 20. Life Insurance. To. spply, pay for, and maintain tife insurance on my life: to elect options and exercise rights under life insurance policics; to borrow from life insurance policies; and lo assign life insurance policies. 24, Insure Ja carry insurance of the kinds-and ih the amounts as my attorney-in-fact deems advisable 10 protect my assets against any casualty, hazards, end liability, and, in my attorney-in-fact’s discretion, to ‘Bsc maurance proceeds to repair or replace the asset Insured, 32 Engage Attomeys. Accountants, etc. ‘To engage attorneys at law, accountants, Tax specialists, investment counsekirs, investment advisors, surveyors, contractors, Inspectors, realtors, business managers. technical consultants, and any other consultants, assistants or agents my attomey-in-fact deems advisable und to determine and pay reason- able compensation -for those services. 23. Deal with Copyrights and Other Intellcctual Properly, As to afl or uny of my copyrights, patents, spk and other intellectun) property and rights, and any interest in copyrights. patents, trademarks and other intellecrual property, that 1 now own or may subscquently acquirc, to do the following for me, in my behalf, and in my name and under the terms and conditions. and under the covenants, as the altorncy-in-fact shall deem proper, to assign, sell, wransfer, renew, enforce, prosccute, license, register, develgp, murket, protect, or otherwise deal with them; to engage counsel, agents and other advisors conceming them: to prosecute persons who infringe on them; to settle and com- promise disputes concerning them, and to sign documents and take other acts concerning them as my attorney-in-fact deems proper és fully as.I could if! had taken them, 24, Staturory Powers. Without in any way limiting the above powers, my attomcy-in-fact shall also have the 3 (A) To execute stock ‘powers or similar documents on my beliilf and to delegate to a:transfer ‘agent or similar ‘person the authority to: register any stocks, bonds or other securities either into or our of my or my nominee's {B) To convey or mortgage homestead property. 25, Attorney-in-Fact's Decisions. To effect any or all of the above-described transactions to any persons, firms. corporations or other entities as my attorney-in-fact may deem proper, and on the telms, conditions and prices at my etlerney-in-fact may deem proper. 26. (hird Persons, No person shall be required to inquire a5 to the circumstances of the issuance or use of thix power of attomey or as to the disposition of sny proceeds paid to my attorney-in-fact based on this power of every act and thing whatsoe: righls und powers’ gra 30. Ratification. I ratify and confirm all that my attorney-In-fact shall lawfully do or cause to be done by vinue of this power of attumey and the rights and poweru granted here. 31, Successors. On the death or incapacity of my attorney-In-fact, 1 make, constitute and appoint the following s in the following order to act alone as my true and lawful agent and altorney-in-fact: _. The suguvssor shall have all the powers granted person: DENNIS SPRIGGS, then N/A___, then N/A, : by this power of attomey, and all references to "my attomey-in-fact" shall include the successor acting after the death or incapacity of the prior attorney-in-fisct. 32. incapacity. The word “incapacity” shall menn the existence of any one of the following conditions in an individuni: (A) a Simal order of @ court of competent jurisdiction hulding the individual to be incompetent or incapacitated in any way or appoiniing a guardian to act for the individual; (B) duly executed and acknowledged written certificates of two licensed physicians, each certifying that the physician has cxamincd the individual and hias concluded that, by reason of uccident, physical or menial illness, progressive or intermittent physical or mental detcriorution, or other similar cause. the individual had. at the date of the examination, become incapacitated to act rationally and prudently in his or her own financial best interests or to exercise the powers granted in this power of atlorcy. If a reason is meatai iliness, menta) deterioration or other similar mental problem, then one of the physicians must be a psychiatrist: and (C) current and substantial evidence that the individual has disappeared, bss been kidnapped, has been taken as host- age, is unaccountably absent or is boing unlawfully detained under duress where he or she is unable effectively and prudently to louk after his or her own financial best interests ar to exercise the powers granted in this power of attorney. 33. Limitations on Powers. ‘This is a generat power of attomey; this is not # general power of appointment, My attomey-in-fact may not exercise any of the powers granted in this power of atlomey to take my property or ust my in- come or assets for my attorney-in-facts own benefit. My attorney-in-fact may disclaim, release ot restrict the scope of any power granted in this power of attomcy, whether the power is expressly granted here or implied by Isw. My utiomvy-in-fact may exercise this power jn a written instrument specifying the power or powers to be disclaimed, re- teased or restricted. Any disclaimed or released power shall pass to and be exercised by the sucucssor uttorncy- in-fact, if any; but if none, then the power shall cease to exist and be exercised by no one. The release or restriction of any power shall not affect the use of that power by any subsequent attomey-in-fact, who shall also have thia power 16 release or resirict the scope of a power. My attorney-in-fact may not perform any prohibited acts. 34, Term. The rights, powers and authority of my attorney-in-fact granted here shall commence and be in full force and effect on the date J sign this power of attomey, and the rights, powers and authority shall remain in full force and effect until 1, the principal, record in the Public Records of PALM BEACH, Florida, written notice that this instrument is no Jonger in effect or until the effectiveness of this power of ullorney is terminated in accordance with law by my death. 35. Durable. This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in §709.2104, Fla, Stat. [t is my) intent that the powers conferred on my attorney-in- fact. shall be exercisable from the date I sign this power of attomey, notwithstanding my later disability or incapacity, At the time of signing this power of attorney, this power of attorney is durable. 36. Paragraph Headings. Paragraph headings shall not be construed to lim here, but may be uscd to cxpand them. It is my intent that my agent and powers possible to act for me while I have the legal capacity incapacitated £0 act, $0 § 10 avoid the necessity of a guardianship i - f Z -of nttomey:on- October 7 2017.

Docket for Case No: 19-005137PL