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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs IVONNE ORTIZ, 20-000767PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000767PL Visitors: 22
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: IVONNE ORTIZ
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Feb. 13, 2020
Status: Closed
Recommended Order on Tuesday, January 19, 2021.

Latest Update: Dec. 22, 2024
Summary: The issues in this proceeding are whether Respondent should be subject to discipline as a result of the violations of section 1012.795(1)(j), Florida Statutes and Florida Administrative Code Rule 6A-10.081(2)(c)1. and 8., alleged in the Administrative Complaint and, if so, what is the appropriate sanction for those violations.Petitioner established by clear and convincing evidence that Respondent submitted a false workers' compensation claim and that her educator's certificate should be suspende
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Before the Education Practices Commission of the State of Florida


RICHARD CORCORAN,

Commissioner of Education, Petitioner,

vs. EPC CASE No. 20-0056-RT

Index No. 21-096-FOF DOAH CASE No. 20-0767PL

IVONNE ORTIZ, PPS No. 189-1075 CERTIFICATE No. 1258585

Respondent.

/


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 9, 2021 in Tallahassee, Florida, via video conference, for consideration of the Recommended Order entered in this case by LAWRENCE P. STEVENSON, Administrative Law Judge. Respondent was not present and was represented by Steve Rossi, Esquire. Petitioner was represented by Anastasios Kamoutsas, Esquire and Ron Weaver, Esquire.

Findings of Fact

1


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

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


    Conclusions of Law


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

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

    Recommended Penalty


  5. The Education Practices Commission hereby adopts the penalty in the Recommended Order with one exception. Based upon review of the complete record, the Education Practices Commission determined that it would be very difficult to require the Respondent to complete a college level course in Professional Ethics for Educators without a certificate.

    Penalty


    Upon a complete review of the record in this case, the Commission determines that the Recommended Order issued by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:

  6. Respondent’s certificate is hereby SUSPENDED for two (2) years from the date of this Final Order.

  7. Upon employment in any public or private position requiring a Florida


educator’s certificate, Respondent shall be placed on two (2) employment years of


probation with the conditions that during that period, the Respondent 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 “pass” or a letter grade no lower than a “B”) completion of 3 hours of college level course-work in the area of Professional Ethics for Educators, which may be taken online, during probation.

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


DONE AND ORDERED, this 12th day of April, 2021.


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 Ivonne Ortiz,


250 Cherry Ridge Drive, Apartment 514, Jacksonville, FL 32222 and Steve Rossi, Esquire, Law Offices of Steve Rossi, 533 Northeast 3rd Avenue, Suite 2, Fort Lauderdale, FL 33301 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, P.O. Box 770088, Ocala, FL 34477 this 12th day of April, 2021.


COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification Superintendent

Duval County Schools 1701 Prudential Dr.

Jacksonville, FL 32207-8182


Professional Standards Duval County Schools 1701 Prudential Dr.

Jacksonville, FL 32207-8182


Timothy Frizzell

Assistant Attorney General


Lawrence P. Stevenson Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Loretta Sloan, Clerk

Division of Administrative Hearings


Docket for Case No: 20-000767PL
Issue Date Proceedings
Apr. 30, 2021 Agency Final Order filed.
Jan. 19, 2021 Recommended Order (hearing held October 30, 2020). CASE CLOSED.
Jan. 19, 2021 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 28, 2020 Petitioner's Proposed Recommended Order filed.
Dec. 28, 2020 Respondent's Proposed Recommended Order filed.
Dec. 14, 2020 Order Granting Extension of Time.
Dec. 14, 2020 Respondent's Unopposed Motion for Extension of Time to File her Proposed Order on the Final Hearing filed.
Dec. 02, 2020 Notice of Filing Transcript.
Dec. 02, 2020 Transcript of Proceedings (not available for viewing) filed.
Oct. 30, 2020 CASE STATUS: Hearing Held.
Sep. 24, 2020 Order Rescheduling Hearing by Zoom Conference (hearing set for October 30, 2020; 9:00 a.m., Eastern Time; Jacksonville).
Sep. 23, 2020 Unopposed Motion to Reset Final Hearing Date filed.
Sep. 21, 2020 Notice of Unavailability filed.
Sep. 16, 2020 Petitioner's Second Notice of Taking Deposition via Zoom (Ivonne Ortiz) filed.
Sep. 11, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 10, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for October 27, 2020; 9:00 a.m.; Jacksonville).
Sep. 09, 2020 Second Notice of Taking Depositions filed.
Sep. 09, 2020 Notice of Canceling Depositions filed.
Sep. 09, 2020 Petitioner's Amended Notice of Taking Deposition via Zoom (Ivonne Ortiz) filed.
Sep. 09, 2020 Joint Motion to Continue Final Hearing filed.
Sep. 08, 2020 Joint Pre-Hearing Stipulation filed.
Sep. 08, 2020 Petitioner's Notice of Filing Proposed Exhibits filed.
Sep. 08, 2020 Petitioner's Second Amended Exhibit List filed.
Sep. 08, 2020 Petitioner's Notice of Taking Deposition via Zoom (Ivonne Ortiz) filed.
Sep. 03, 2020 Notice of Issuance of Subpoenas filed.
Sep. 03, 2020 Notice of Taking Depositions filed.
Sep. 03, 2020 Petitioner's Amended Witness List filed.
Sep. 02, 2020 Petitioner's Amended Exhibit List filed.
Aug. 28, 2020 Petitioner's Notice of Filing Responses to Respondent's Request to Produce and Interrogatories filed.
Aug. 28, 2020 Petitioner's Exhibit List filed.
Aug. 28, 2020 Petitioner's Witness List filed.
Aug. 18, 2020 Respondent's Witness and Exhibit List filed.
Aug. 17, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for September 15, 2020; 9:00 a.m.; Jacksonville; amended as to Type of Hearing).
Jul. 28, 2020 Certificate of Service of Discovery filed.
Jul. 10, 2020 Certificate of Service of Responses to Discovery Requests filed.
May 28, 2020 Certificate of Service of Discovery filed.
Apr. 30, 2020 Order of Pre-hearing Instructions.
Apr. 30, 2020 Notice of Hearing (hearing set for September 15, 2020; 9:00 a.m.; Jacksonville).
Apr. 24, 2020 Joint Case Status Report filed.
Apr. 10, 2020 Order Granting Continuance (parties to advise status by April 24, 2020).
Mar. 19, 2020 Unopposed Motion to Continue Final Hearing filed.
Feb. 28, 2020 Order of Pre-hearing Instructions.
Feb. 28, 2020 Notice of Hearing (hearing set for April 30, 2020; 9:00 a.m.; Jacksonville).
Feb. 21, 2020 Petitioner's Response to Initial Order filed.
Feb. 13, 2020 Initial Order.
Feb. 13, 2020 Administrative Complaint filed.
Feb. 13, 2020 Revised Election of Rights filed.
Feb. 13, 2020 Agency referral filed.

Orders for Case No: 20-000767PL
Issue Date Document Summary
Apr. 12, 2021 Agency Final Order
Jan. 19, 2021 Recommended Order Petitioner established by clear and convincing evidence that Respondent submitted a false workers' compensation claim and that her educator's certificate should be suspended.
Jan. 19, 2021 DOAH Final Order Petitioner established by clear and convincing evidence that Respondent submitted a false workers' compensation claim and that her educator's certificate should be suspended.
Source:  Florida - Division of Administrative Hearings

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