Findings Of Fact Based upon the record evidence, as well as matters officially recognized and the factual stipulations entered into by the parties, the following Findings of Fact are made: Respondent was employed as a teacher by the Dade County School Board from approximately 1980 to November 6, 1987, when he resigned his position. Since his resignation, Respondent has not been employed as teacher. At all times during his employment with the Dade County School Board, Respondent held Florida teaching certificate 467693, which covered the areas of elementary education, early childhood education and motor disability. Respondent's teaching certificate expired on June 30, 1989, without Respondent having made any effort to renew it. Respondent is 34 years of age. He has been married to Marcia Carter- Wright since December 13, 1985. They no longer live in the same household, however. Marcia has a sister, M.R., who suffers from cerebral palsy and is developmentally disabled. At all times material hereto, M.R. has lived with Marcia. In September 1986, while he was still living with his wife and her sister, Respondent had sexual intercourse with M.R. Although she was 40 years of age at the time, M.R. was incapable of engaging in consensual sexual activity because of her developmental disability. Respondent's liaison with M.R. produced a child, J.W., who was born on July 7, 1987. Respondent was subsequently arrested and charged by information filed in Dade County Circuit Court Case No. 87-36763 with sexual battery upon a mentally defective person in violation of Section 794.011(4)(f), Florida Statutes. The matter was reported in the newspaper. Pursuant to a plea bargain agreement, Respondent pled no contest to the charge and, in turn, adjudication of guilt was withheld and he was placed on ten years probation. Among the terms and conditions of probation to which he agreed was that he surrender his teaching certificate and refrain from teaching. Respondent did not formally surrender his teaching certificate. He believed that, inasmuch as he had already resigned from his teaching position, letting his certificate expire would suffice. Respondent had difficulty finding a well-paying job while on probation. He became despondent and depressed. In June 1989, approximately one year after he had been placed on probation, Respondent admitted to his probation officer, Hazel Cooper Shepp, that he was using cocaine. Respondent hoped that Shepp would be able to provide him with assistance in dealing with his drug problem. Shepp subsequently filed an affidavit in Dade County Circuit Court alleging that Respondent had violated the conditions of his probation. On August 28, 1989, Respondent's probation was revoked and he was adjudicated guilty of sexual battery as charged in the information filed in Dade County Circuit Court Case No. 87-36763 and sentenced to five years of imprisonment, with credit for 250 days for time served. Respondent was released from prison on May 31, 1991. He currently lives with his mother, but visits his wife, M.R., J.W. and his other two children on a regular basis.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Education Practices Commission enter a final order (1) finding Respondent guilty of the violations alleged in Counts II and V of the Amended Administrative Complaint, and (2) barring him from applying for a new teaching certificate for a period of 10 years pursuant to Section 231.262(6)(g), Florida Statutes. DONE and ORDERED in Tallahassee, Leon County, Florida, this 31st day of December, 1991. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1991.
The Issue Whether Respondent's teaching certificate should be revoked, suspended or otherwise disciplined for the violation alleged in the Administrative Complaint filed by the Petitioner.
Findings Of Fact At all times material to this proceeding, the Respondent held a Florida teaching certificate, number 652475, covering the area of substitute teaching, which is valid through June 30, 1993. At all times material to this proceeding, the Respondent was an authorized substitute teacher for the Pinellas and Manatee County School Districts. During the spring of 1990 Respondent was employed as a substitute teacher with the Manatee County School District and assigned as a teacher at Southeast High School. Respondent was an authorized substitute teacher for the Pinellas County School District, but after certain allegations arose concerning improper conduct by Respondent toward a student Respondent was not called to substitute. On May 3, 1989, the Respondent was arrested in Pinellas County and charged with soliciting a 14 year old child for sexual activity while in the position of custodial authority to the child. The child was a student in Respondent's class at Baypoint Middle School where Respondent was employed as a teacher by the Pinellas County School District. On May 3, 1989, Respondent was also arrested and charged with unlawfully obtaining a Florida Driver's license. In July 1989, the state attorney filed a two-count Information charging Respondent with procuring a person less than sixteen years for prostitution, and for soliciting for prostitution. Also, in July 1989, the state attorney filed an Information charging Respondent with knowingly making false statements, knowingly concealing a material fact, or otherwise committing fraud in an application for a Florida driver's license. On April 8, 1990, the Respondent was arrested in Pinellas County and charged with driving with a suspended driver's license. On April 27, 1990, the Respondent entered a plea of guilty to the charge of driving with a suspended license and was found guilty. The court withheld adjudication of guilt, and Respondent was ordered to pay $30.00 in costs. On May 4, 1990, Respondent was arrested and charged with petit theft. On June 21, 1990, the state attorney filed an Information charging Respondent with knowingly and unlawfully obtaining or using or endeavoring to obtain to use the property of another, to wit: petit theft, a second degree misdemeanor. On June 30, 1990, the Respondent entered a plea of guilty to the charge of petit theft. The court adjudged the Respondent's guilty and ordered him to pay a fine of $150.00 plus costs. On May 14, 1991, the Respondent entered a plea of nolo contendere to the charges of procuring a person less than sixteen years for prostitution, soliciting for prostitution, and making a false application for driver's license. The Respondent was represented by the Public Defender's office. The court withheld adjudication of guilt and imposition of sentence. The Respondent was placed on three years probation which included one year in the Community Control Program. The Respondent did not attempt to refute the above charges at the hearing. The Manatee County School Board became aware of Respondent's arrest in Pinellas County for solicitation of a minor and of certain alleged misconduct toward students at Southeast High School in Manatee County by the Respondent at the end of the 1989-90 school year. However, the Petitioner did not present any competent, substantial evidence of this alleged misconduct. The only evidence presented by the Petitioner was hearsay. There was insufficient evidence to show that Respondent's effectiveness as an employee of the School Board of Manatee County had been seriously reduced as a result of his personal conduct, notwithstanding that the Manatee County School Board would not rehire Respondent as a result of his personal conduct coming to their attention or the fact that his arrest and criminal history was reported in the Bradenton Herald, a daily newspaper circulated generally in Manatee County and the City of Bradenton. On September 4, 1990, in an attempt to secure employment with the District of Columbia Public Schools, Respondent signed a Disclosure Statement under penalty of perjury which included the following statement: I declare or affirm under penalty of perjury that I have not been convicted of, and or/am not the subject of pending charges for, the commission or attempt to commit any of the following offense(s), except as described below: murder; child abuse; rape; a sexual offense involving a minor or non-consenting adult; child pornography; kidnapping or abduction of a child; assault where the victim was a child under the age of sixteen years; illegal use, sale or distribution of controlled substances; illegal possession or use of weapons; or a crime of moral turpitude (i.e., one characterized by behavior or acts that violate moral sentiments accepted moral standards of the community and are of a morally culpable quality). I further certify that I am the applicant whose signature is affixed below. Although the Disclosure Statement provides a place for the description of convictions or pending charges, the Respondent did not list the conviction for petit theft or the pending charges of procuring a person less than sixteen years for prostitution, solicitation for prostitution and making false application for a driver's license that were pending in Pinellas County or the charges pending at the time in Manatee County for solicitation of a child for sexual acts by a person in custodial authority and solicitation of sex.
Recommendation Having considered the foregoing Findings of Facts and Conclusions of Law, it is, accordingly, RECOMMENDED: That a Final Order be entered finding Respondent, Kenneth K. Long guilty of violating Section 231.28(1)(c)(e) and (h), Florida Statutes and Rule 6B- 1.006(5)(a)(g) and (h), Florida Administrative Code, and for such violation permanently revoke Respondent's Florida teaching certificate No. 652475. It is further recommended that Counts III, VI, VII and VIII of the Administrative Complaint be dismissed. DONE and ENTERED this 27th day of August, 1992, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1992. APPENDIX TO RECOMMENDED ORDER In Case No. 92-7879 The following constitutes my specific ruling pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the Petitioner in this case. Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner The following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number is parenthesis is the finding(s) of fact which so adopts the proposed finding(s) of fact: 1(1); 2(2); 3(3); 4(4); 5(5); 6(11); 7(7); 8(8); 9(9); 10(10); 11(12); 13(12); 14(13); 16(13); and 17-18(14). Proposed findings of fact 12 and 15 are rejected as not being supported by competent, substantial evidence in the record. Proposed finding of fact is more of an argument to support proposed finding of fact 18 than a proposed finding of fact. Respondent did not file any proposed findings of fact with the Division of Administrative Hearings. COPIES FURNISHED: Margaret O'Sullivan, Esquire Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400 Kenneth K. Long 5301 85th Avenue #202 New Carrolton, MD 20784 Karen Barr Wilde, Exec. Dir. 301 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400 Sydney H. McKenzie, General Counsel Department of Education The Capitol, PL-08 Tallahassee, FL 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400
Findings Of Fact Based on the Respondent's admissions in the Election of Rights form and on the exhibits and testimony received at the hearing, I make the following findings of fact: The Respondent holds Florida Teacher's Certificate No. 554716 covering the subject of Spanish, issued September 29, 1986, and valid through June 30, 1991. At all times material hereto, the Respondent taught in the Hillsborough County, Florida, school district at Middleton Junior High School. On or about March 23, 1981, the Respondent was arrested by the Lumberton, North Carolina, Police Department and charged with forgery. On or about June 6, 1984, the Respondent submitted an Application for a Teaching Position to the Hillsborough County (Florida) Public Schools in which she certified that she had never been arrested for a criminal offense. On or about June 28, 1984, June 27, 1985, and July 23, 1985, the Respondent submitted applications for teacher's certificates to the Department of Education of the State of Florida in which she certified that she neither had been convicted, nor had adjudication withheld, of a criminal offense. On or about December 10, 1986, the Respondent was arrested by the Tampa (Florida) Police Department and charged with grand theft and uttering a forged instrument. On or about May 28, 1987, the Respondent entered a plea of guilty before the Circuit Court of Hillsborough County, Florida, to one count of grand theft in violation of Section 812.014(2)(b), Florida Statutes, and 18 counts of uttering a forged instrument in violation of Section 831.02, Florida Statutes. Said court thereupon adjudicated the Respondent guilty of said felonies and sentenced her to six months community control and four and one-half years probation. On or about February 23, 1988, the Respondent was arrested by the University of South Florida Police Department, Tampa, Florida, and charged with four counts of uttering a forged instrument. In or about May, 1988, the Respondent was adjudicated guilty by the Circuit Court of having violated the terms of her probation in violation of Section 948.06, Florida Statutes, and she was sentenced to three years in prison.
Recommendation Based on all the foregoing, it is RECOMMENDED that the Education Practices Commission issue a Final Order finding the Respondent guilty of the violations described in the foregoing conclusions of law and permanently revoking the Respondent's Florida teaching certificate. DONE and ENTERED this 22nd day of March, 1989, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2993 The following are my specific rulings on all of the proposed findings submitted by all parties: Findings proposed by Petitioner Paragraphs 1 and 2: Accepted Paragraphs 3, 4, and 5: Rejected as not supported by clear and convincing evidence. (The evidence in support of these proposed findings does not even reach the level of competent substantial evidence.) Paragraphs 6, 7, and 8: Accepted. Paragraph 9: Rejected as not supported by clear and convincing evidence, and as contrary to the greater weight of the evidence. Paragraph 10: Rejected as irrelevant in view of the lack of proof regarding paragraph 9. Paragraphs 11 and 12: Accepted in substance, with some incorrect details modified. Paragraphs 13 and 14: Accepted. Paragraph 15: Accepted in substance with some unnecessary details omitted. Findings proposed by Respondent (None.) COPIES FURNISHED: Rosemary E. Armstrong and Catherine Peek McEwen 401 South Florida Avenue Post Office Box 3273 Tampa, Florida 33601-3273 Iris Locklear Zapata Florida Correctional Institution Post Office Box 147 Lowell, Florida 32663 Karen B. Wilde, Executive Director Education Practices Commission 418 Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Commission 319 West Madison Street, Room 3 Tallahassee, Florida 32399
Findings Of Fact On March 5, 1976 the U. S. District Court for the Southern District of Florida found Petitioner guilty of possession and distribution of cocaine and sentenced him to confinement for two years (Exhibit 10). This sentence was reduced by Order entered 3 March 1977 to 16 months (Exhibit 11). Following his release from prison, Petitioner returned to school and received a Bachelor of Arts degree in communications from Florida International University in August 1978. Petitioner's testimony and evidence he presented consisting of excerpts of his writing ability demonstrated that he is articulate and probably more competent to teach than some who presently hold certificates.
Recommendation RECOMMENDED that the denial of the application of George Derek Joy for a teaching certificate be upheld and the Petition for a certificate be dismissed. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 28th day of September, 1979. K. N. Ayers Hearing Officer Division of Administrative Hearings Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1979. COPIES FURNISHED: Mr. George Derek Joy 7035 N. E. 4th Court, Apt. 1 Miami, Florida 33138 Mr. Hugh Ingram Administrator Professional Practices Council Room 3, 319 W. Madison Street Tallahassee, Florida 32301
The Issue Whether Petitioner demonstrated entitlement to issuance of a Florida Educator’s Certificate.
Findings Of Fact Respondent, as Commissioner of the Florida Department of Education, is charged with the duty to issue Florida Educator's Certificates to persons seeking authorization to become school teachers in the State of Florida. Petitioner is a current resident of Puerto Rico. Petitioner was convicted of federal conspiracy to commit money laundering on October 26, 1999, and sentenced to a term of imprisonment of 46 months, with credit for time served. Petitioner was released from prison in April 2001. He began teaching physical education in Puerto Rico, starting in August 2001. He has taught continuously in Puerto Rico for the past 17 years without incident. Stipulated Facts Petitioner was charged with multiple criminal offenses in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case No. 98-189(HL). Petitioner pled guilty to one count of conspiracy to commit money laundering in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case No. 98-189(HL). Petitioner was found guilty of one count of conspiracy to commit money laundering in the case of United States v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case 98-189(HL). Petitioner was sentenced to serve 46 months in prison based upon his plea agreement entered in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case 98-189(HL). Petitioner submitted an application for a Florida Educator’s Certificate on July 13, 2016. On the application, Petitioner answered “no” to the questions: “Have you ever been convicted of a criminal offense?” “Have you ever been found guilty of a criminal offense?” “Have you ever pled guilty to a criminal offense?” The answer of “no” to each of these questions was false. Petitioner submitted written responses to Respondent’s Request for Admissions on November 6, 2018, in which he affirmed in writing his statements set forth above. Facts Adduced at Hearing Immediately below Petitioner’s electronic signature on his application was the following: WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN OR RENEW A FLORIDA EDUCATOR’S CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS SUBJECT TO CRIMINAL PROSECUTION, AS WELL AS DISCIPLINARY ACTION BY THE EDUCATION PRACTICES COMMISSION. Petitioner was not able to convincingly explain why he would have checked “no” for three separate questions regarding his criminal conviction on the electronic application. His testimony ranged from an unsuccessful attempt to change his answer to the question before he submitted it via his telephone, to a misunderstanding as to the period of time for which information was being requested. There was no evidence that Petitioner contacted the Department of Education to correct, amend, or withdraw his application. Petitioner gave no indication of an inability to perform the duties of a physical education teacher. The crime for which he was convicted was non-violent in nature, and occurred more than 20 years ago. He testified that he “talk[s] with young people and I explain what I did, you know, trying to -- they don’t do the same, you know, that they continue in the right path.” Petitioner appeared to be sincere in his desire to teach with the benefit of his experience. Despite the foregoing, it is Petitioner’s burden to demonstrate his entitlement to an Educator’s Certificate. Petitioner testified as to his 17 years of teaching in Puerto Rico -- which testimony is entitled to some degree of weight, as the passage of time can be persuasive evidence of rehabilitation and good character. The application includes the jurisdiction, certificate numbers, and dates of expiration for his Puerto Rico Teacher’s Certificate. The evidence that Petitioner has been certified to teach and has been employed as a physical education teacher in Puerto Rico was not disputed by Respondent. The testimony offered by Petitioner at the formal hearing failed to provide any explanation or contrition for his criminal conduct. He offered no specific proof of his good moral character in the form of admissible references from employers or coworkers to substantiate his testimony.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Education enter a final order denying Petitioner, Luis Amarante’s application for a Florida Educator’s Certificate. DONE AND ENTERED this 14th day of January, 2019, in Tallahassee, Leon County, Florida. S GARY EARLY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 2019.
Findings Of Fact Respondent currently holds Florida teaching certificate No. 371889 for the areas of special learning disabled, emotionally handicapped, and emotionally disturbed students. That teaching certificate is valid through June 30, 1994. On or about June 1, 1984, Respondent submitted an application for an extension of her teaching certificate. In that application, Respondent acknowledged a 1982 arrest and charge of disorderly intoxication that was nolle prossed; a 1983 arrest and charge for driving under the influence that was nolle prossed; and a 1983 arrest and charge for resisting arrest in which adjudication was withheld. The Professional Practices Service (PPS) investigated that application and closed its investigation in October, 1984. PPS opened a new investigation on December 11, 1984, and discovered that Respondent also had a 1982 arrest, charge and conviction for driving under the influence; a 1983 arrest and charge of harboring a felon that was nolle prossed; and a 1985 arrest, charge and conviction for having an unlawful blood/alcohol level. On December 9, 1985, the Petitioner found no probable cause to take action on Respondent's teaching certificate and that investigation was closed. On October 10, 1987, in Duval County, Florida, Respondent was arrested and charged with leaving the scene of an accident with damage and careless driving. The Respondent pled nolo contendere to leaving the scene of an accident with damage and adjudication was withheld. On or about June 30, 1988, the Respondent submitted an application for extension of her Florida teaching certificate. Section IV of the application asked in part "Have you ever been convicted of or had adjudication withheld in a criminal offense other than a minor traffic violation . . . ?" Respondent answered "Yes" and stated that details were "on file." Respondent did not provide any details about the 1987 plea of nolo contendere and withholding of adjudication on the charge of leaving the scene of an accident with damage. On or about July 10, 1990, Respondent again filed an application for renewal of her teaching certificate. Section V of that application asked in part "Have you ever been convicted of a crime, found guilty, or entered a plea of nolo contendere (no contest) even if adjudication was withheld?" Respondent again answered "Yes" and stated that the details were "on file." Again Respondent provided no details about the 1987 charge and plea. Respondent was arrested on October 10, 1990, in Duval County, Florida, for driving under the influence. On April 9, 1991, Respondent entered a plea of nolo contendere and was adjudicated guilty. She was placed on four month's probation and her driver's license was revoked for six months. On April 16, 1992, in Duval County, Florida, was again arrested for driving while intoxicated. On June 10, 1992, Respondent entered a plea of nolo contendere to the charge of driving while intoxicated. She was adjudicated guilty, placed on probation and fined. Her driver's license was revoked for ten years. Respondent filed another application to have her teaching certificate renewed on April 24, 1992. That application asked "have you ever been convicted, found guilty, entered a plea of nolo contendere (no contest), or had adjudication withheld in a criminal offense other than a minor traffic violation; or are there any criminal charges now pending against you?" Respondent again answered "Yes" and stated that details were "on file." Respondent did not disclose the 1987 charges, the October 10, 1990 charge and conviction for driving under the influence of alcohol, or the April 16, 1992 charges for driving while intoxicated which were still pending. Respondent attested under oath that "all information pertaining to this application is true, correct, and complete." On July 12, 1992, in Duval County, Florida, Respondent was arrested for driving while her driver's license was revoked and careless driving. She entered a plea of nolo contendere on August 31, 1992, and was fined. As a result of the Administrative Complaint filed in this case, on April 23, 1993, the Duval County School Board removed Respondent from her classroom and reassigned her to a non-teaching position. The reassignment occurred even though Respondent had been rated as a satisfactory teacher in February 1993. No evidence was offered to suggest that Respondent's legal difficulties had ever negatively impacted on her performance as a teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a Final Order and therein: Suspend the teaching certificate of Elizabeth Niebrugge for a period of one year. Following the suspension, place Respondent's teaching certificate on probation for three years, subject to the following conditions: evaluation and treatment as recommended by a licensed alcohol abuse counselor; random urinalysis for alcohol and drugs; quarterly reports to the EPC from Respondent's immediate supervisor regarding her performance and compliance with the other terms of the probation; and compliance with all laws and rules, including those of the school district andV the State Board of Education. Dismiss Counts One and Seven for lack of proof. DONE and ENTERED this 17th day of September, 1993, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2946 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the parties in this case. Specific Rulings on Proposed Findings of Fact Submitted by Petitioner, Betty Castor Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(1); 3 & 4(2); 5-8(3-6); 10-12(8- 10); 13(12); and 14(11). Proposed finding of fact 2 is subordinate to the facts actually found in this Recommended Order. Proposed findings of fact 15-19 are irrelevant. Proposed finding of fact 9 is unsupported by the competent, substantial evidence. Specific Rulings on Proposed Findings of Fact Submitted by Respondent, Elizabeth Niebrugge Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(1) and 8(13). Proposed findings of fact 2-4, 6, 7, 9, and 14 are subordinate to the facts actually found in this Recommended Order. Proposed findings of fact 10-13 are irrelevant. Proposed finding of fact 5 is unsupported by the competent, substantial evidence. COPIES FURNISHED: Gregory A. Chaires Attorney at Law 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 David A. Hertz Attorney at Law 1601 Atlantic Boulevard Jacksonville, Florida 32207 Karen Barr Wilde, Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
