RICHARD CORCORAN,
Commissioner of Education, Petitioner,
vs. EPC CASE No. 20-0217-RT
Index No. 21-105-FOF DOAH CASE No. 20-3378PL
MARGARET ANN ROBERTS, PPS No. 189-0629 CERTIFICATE No. 612643
Respondent.
/
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 May 27, 2021 in Tallahassee, Florida, via video hearing, for consideration of the Recommended Order entered in this case by BRITTANY O. FINKBEINER, Administrative Law Judge. Respondent was not present and was represented by Nicholas Anthony Caggia, Esquire, who was present. Petitioner was represented by Anastasios Kamoutsas, Esquire and Ron Weaver, Esquire.
1
The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.
There is competent substantial evidence to support the findings of fact.
The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.
The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.
The Education Practices Commission voted to increase the penalty in the Recommended Order. Based upon review of the complete record, and paragraphs 27 and 31 of the Recommended Order in particular, the Education Practices Commission determined that suspension alone will not address the underlying behavior which caused the harsh and hurtful language the Respondent used which resulted in actual harm to her students. The Commission therefore finds that the penalty imposed herein to be more reasonable than the penalty recommended by the Administrative Law Judge.
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:
Respondent’s certificate is hereby SUSPENDED for twelve (12) months from
the date of this Final Order.
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:
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.
Have Respondent’s immediate supervisor submit annual performance reports to the investigative office in the Department of Education.
Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator.
Violate no law and shall fully comply with all district school board policies, school rules, and State Board of Education rules.
Satisfactorily perform all assigned duties in a competent, professional manner.
Bear all costs of complying with the terms of a final order entered by the Commission.
Complete National Education Association micro-credentials courses of Ethics
– Responsibility for Students and LGBTQ and Supporting LGBTQ Students – Creating Safe Spaces that are Inclusive of LGBTQ Students, and provide documentation verifying successful completion to the probation compliance officer during the probation period.
This Final Order takes effect upon filing with the Clerk of the Education Practices
Commission.
DONE AND ORDERED, this 28th day of May, 2021.
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.
I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Margaret Ann Roberts, 1425 Caddy Court, Vero Beach, FL 32966 and Nicholas Anthony Caggia, Esquire, Johnson and Caggia Law Group, Suite 6325, 867 West Bloomingdale Avenue, Brandon, FL 33508 and Thomas L. Johnson, Esquire, Law Office of Thomas Johnson, P.A., Suite 309, 510 Vonderburg Drive, Brandon, FL 33511 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 28th day of May, 2021.
COPIES FURNISHED TO:
Office of Professional Practices Services Bureau of Educator Certification Superintendent
St. Lucie County Schools 2909 Delaware Ave.
Ft. Pierce, FL 34947-7299
Associate Superintendent Human Resources
St. Lucie County Schools 2909 Delaware Ave.
Ft. Pierce, FL 34947-7299
Timothy Frizzell
Assistant Attorney General
Brittany O. Finkbeiner Administrative Law Judge
Division of Administrative Hearings 1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Loretta Sloan, Clerk
Division of Administrative Hearings
| Issue Date | Document | Summary |
|---|---|---|
| May 28, 2021 | Agency Final Order | Before the Education Practices Commission of the State of Florida 
RICHCommissioner of Education, ARD CORCORAN, 
Petitioner, 
vs. MAR GARET ANN ROBERTS, Respondent. / EPC CASE No. 20-0217-RT Index No. 21-105-FOF DOAH CASE No. 20-3378PL PPS No. 189-0629 CERTIFICATE No. 612643 
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 May 27, 2021 in Tallahassee, Florida, via video hearing, for consideration of the Recommended Order entered in this case by BRITTANY O. FINKBEINER, Administrative Law Judge. Respondent was not present and was represented by Nicholas Anthony Caggia, Esquire, who was present. 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 voted to increase the penalty in the Recommended Order. Based upon review of the complete record, and paragraphs 27 and 31 of the Recommended Order in particular, the Education Practices Commission determined that suspension alone will not address the underlying behavior which caused the harsh and hurtful language the Respondent used which resulted in actual harm to her students. The Commission therefore finds that the penalty imposed herein to be more reasonable than the penalty recommended by the Administrative Law Judge. 
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 twelve (12) months 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: 
a.
 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. 
b.
 Have Respondent’s immediate supervisor submit annual performance reports to the investigative office in the Department of Education. 
c.
 Pay to the Commission during the first 6 months of each probation year the administrative costs ($150) of monitoring probation assessed to the educator. 
d.
 Violate no law and shall fully comply with all district school board policies, school rules, and State Board of Education rules. 
e. Satisfactorily perform all assigned duties in a competent, professional manner. 
f.
 Bear all costs of complying with the terms of a final order entered by the Commission. 
g. Complete National Education Association micro-credentials courses of Ethics 
– Responsibility for Students and LGBTQ and Supporting LGBTQ Students – Creating Safe Spaces that are Inclusive of LGBTQ Students, and provide documentation verifying successful completion to the probation compliance officer during the probation period. 
This Final Order takes effect upon filing with the Clerk of the Education Practices 
Commission. DONE AND ORDERED, this 28th day of May, 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 Margaret 
Ann Roberts, 1425 Caddy Court, Vero Beach, FL 32966 and Nicholas Anthony Caggia, 
Esquire, Johnson and Caggia Law Group, Suite 6325, 867 West Bloomingdale Avenue, 
Brandon, FL 33508 and Thomas L. Johnson, Esquire, Law Office of Thomas Johnson, 
P.A., Suite 309, 510 Vonderburg Drive, Brandon, FL 33511 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 28th day of May, 2021. 
COPIES FURNISHED TO: 
Office of Professional Practices Services 
Bureau of Educator Certification 
Superintendent St. Lucie County Schools 2909 Delaware Ave. Ft. Pierce, FL 34947-7299 
Associate Superintendent Human Resources St. Lucie County Schools 2909 Delaware Ave. Ft. Pierce, FL 34947-7299 
Timothy Frizzell Assistant Attorney General 
Brittany O. Finkbeiner Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-1550 
Loretta Sloan, Clerk Division of Administrative Hearings |
