Before the Education Practices Commission of the State of Florida

RICHARD CORCORAN,

Commissioner of Education,

Petitioner,

DOAH CASE No. 19-6071PL

vs. EPC CASE No. 19-0318-RT

THOMAS MASTERS, PPS No. 189-0904 DOE No. 743504

Respondent. Index No.: 20-319-FOF

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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 September 3, 2020 via telephonic hearing, for consideration of the Recommended Order entered in this case by W. DAVID WATKINS, Administrative Law Judge, on April 28, 2020. Respondent was present and was represented by Heidi B. Parker, Esquire. Petitioner was represented by Ron Weaver, Esquire.

Ruling on Respondent’s Exceptions to Findings of Fact

1. EXCEPTION 1 (Paragraphs 51 and 61 of the Recommended Order): The Commission rejected the exception because there is competent, substantial evidence to support the Administrative law Judge’s finding of fact.

   
   

   
   

   Filed October 7, 2020 2:49 PM Division of Administrative Hearings

   
   

2. EXCEPTION 2 (Paragraphs 32 and 60 of the Recommended Order): The Commission rejected the exception because there is competent, substantial evidence to support the Administrative law Judge’s finding of fact.

   
   

   Ruling on Respondent’s Exceptions to Conclusions of Law

   
   

3. EXCEPTION 3 (Paragraph 71 of the Recommended Order): The Commission rejected the exception because the conclusions of law were based upon facts which were established by competent, substantial evidence, which the Petitioner established by clear and convincing evidence.

   Ruling on Petitioner’s Exception to Recommended Penalty

   
   

4. EXCEPTION 4 (Recommended Penalty of the Recommended Order): The Commission rejected the exception because the recommended penalty is in within the permissible range.

   Findings of Fact

   
   

5. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

6. There is competent substantial evidence to support the findings of fact.

   
   

   Conclusions of Law

   
   

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

8. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

   Penalty

   
   

   Upon a complete review of the record in this case, the Commission determines that the

   
   

   penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore

   
   

   ORDERED that:

   
   

9. Respondent is hereby issued a letter of reprimand.

   
   

10. Upon employment in any public or private position requiring a Florida Educator’s certificate, Respondent shall be placed on twelve (12) months employment probation with the conditions that during that period, 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.

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

DONE AND ORDERED, this 16th day of September, 2020.

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 mailed to Thomas Masters at 5185 Saint Ambrose Church Road, Elkton, Florida 32033 and Heidi B. Parker, Esquire, Post Office Box 2231, Orlando, FL 32802 by Certified U.S. Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esquire, Post Office Box 770088, Ocala, Florida 34477-0088 this 16th day of September, 2020.

COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification Superintendent

St. Johns County Schools 40 Orange Street

St. Augustine, FL 32084-3693Timothy Frizzell Assistant Attorney General

Robert J. Telfer III Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550

Claudia Llado, Clerk

Division of Administrative Hearings

Docket for Case No: 19-006071PL

Orders for Case No: 19-006071PL