The Issue The issues in this case are whether Respondent, Linda Lindquist, committed the acts alleged in the Administrative Complaint; whether the alleged conduct constitutes violations of Subsections 1012.795(1)(b), 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2005), and Florida Administrative Code Rule 6B-1.006(3)(a) and (e); and, if so, whether Respondent's teaching certificate should be suspended or otherwise sanctioned pursuant to Subsections 1012.795(1) and 1012.796(7), Florida Statutes.
Findings Of Fact Respondent holds Florida Educator's Certificate No. 300763, covering the area of art. The certificate is valid through June 30, 2011. At all times pertinent to this proceeding, Respondent was employed as an art teacher at Pinecrest Elementary School in the Hillsborough County School District. Vicki R. Dotson has been the principal of Pinecrest Elementary School since July 1999. Prior to that time, she was the assistant principal at the school. Dotson was Respondent's supervisor during the years 1999 to the present. During the 1999-2000 school year, Respondent would arrive late for work and leave work early without permission. She was reprimanded for those indiscretions, but did not alter her behavior. The behavior continued throughout the 2000-2001 and 2001-2002 school years. During the 2000-2001 and 2001-2002 school years, Respondent failed to properly complete student referral forms and had to be frequently admonished about using proper classroom management techniques. She did not modify her management style. Respondent received an overall unsatisfactory evaluation during the 2001-2002 school year. An action plan was prepared by the school administration to assist Respondent during the 2002-2003 school year. Respondent yelled at and/or physically struck students during the 2002 school year. Her overall evaluation for the 2002-2003 school year was unsatisfactory. Respondent failed to provide lesson plans for a substitute teacher in 2002. In response to a request by the school principal that she do so, Respondent faxed a response saying, "Please use your full time art teachers [sic] sub plans. I'm sure they are excellent." The school board terminated Respondent's employment on or about October 27, 2003. Respondent appears to be incompetent or unwilling to properly perform her duties as an art teacher.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Commission permanently revoking Respondent's Florida Educator's Certificate. DONE AND ENTERED this 15th day of November, 2006, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th of November, 2006. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012 Linda Lindquist 2209 North Riverside Drive Tampa, Florida 33602 Daniel J. Woodring, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact Respondent, Moses Green, holds Florida Teaching Certificate No. 232099, Graduate, Rank II. He served as dean of students at Boca Ciega School during the 1976-1977 school year. Thereafter he was reassigned as one of three deans of students at Pinellas Park High School, and he served in this capacity during the 1978-1979 school year. Moses Green has been in the field of education since his graduation from Florida A & M University more than 21 years ago. After teaching several years in South Carolina and Georgia he came to Boca Ciega High School in Pinellas County in 1964 where he started as a teacher. He served as dean of students at Boca Ciega High School from 1974 until 1977 when he was transferred to Pinellas Park High School as a dean of students. In October 1976 enroute from his home to school in a vehicle described both as a van and a motor home, Respondent stopped to give a ride to Jacqueline Blackshear and Stephanie Bellamy, two ninth grade students at Boca Ciega High School. When they entered the van Jackie sat on the housing covering the engine between the two front seats facing the rear of the van and Stephanie sat in the front right-hand passenger's seat. Enroute to school Respondent commented that Jackie was growing up and placed his hand on the inside of Jackie's thigh. At the time, Jackie was enroute to school for cheerleader practice and was wearing shorts. Jackie looked and moved towards Stephanie and Respondent removed his hand. Before arriving at school Respondent again placed his hand on Jackie's thigh and removed it when she moved. Upon arrival at school Respondent told Stephanie to get out as he wanted to talk to Jackie. When Stephanie left the van, Respondent was standing facing Jackie whose back was to the closed door. Respondent grabbed Jackie and attempted to kiss her. She pushed away, opened the door and left the van. When she left the van, Jackie was upset and Stephanie suggested she tell her parent. Near noontime Jackiie went to Gail Weston, a physical education teacher at Boca Ciega High School and told her about the incident in Respondent's van. Stephanie accompanied Jackie on this visit. Ms. Weston described Jackie as nervous and upset. After a few minutes of conversation Ms. Weston realized that it was not something she could handle and she told Jackie and Stephanie that they needed to tell their story at the Dean's office and she took them to Jean Johnson, a dean of students at Boca Ciega High School. There both girls told their story to Ms. Johnson who prepared a statement for them to sign. The story repeated to Ms. Johnson was essentially the same told to Ms. Weston. After typing up their statements, Ms. Johnson told Mr. Demps, the principal. He had the girls brought to him, where the story was again repeated. Demps called Respondent in and confronted him with the story. He also advised his area superintendent and the director of personnel, who investigated the allegations made by these two girls. Demps also arranged for a meeting with Jackie's and Stephanie's parents the following day. Following the investigation, Green, on October 19, 1976 was issued a letter of reprimand (Exhibit 1) for his role in the events that had come to the school's attention regarding the two girls noted above and warned that a recurrence of such conduct would result in dismissal. By letter dated 9 November 1976 Respondent was sent another letter (Exhibit 2) regarding a reported and inappropriate remark made by Green to another female student, which Respondent had denied, and the letter suggested Respondent and the girl take lie detector tests. By letter dated December 29, 1976 (Exhibit 3) the Superintendent of Schools advised Respondent that the results of the polygraph test he had voluntarily taken indicated his answers were deceptive, while the girl's polygraph test indicated her responses were honest. Respondent was placed on probation for the remainder of the 1976-1977 school year and for all of the 1977-1978 school year. Although his principal at Boca Ciega High School, Mr. Demps, considered Respondent's effectiveness at Boca Ciega High School seriously impaired by the notoriety given to the events involving Respondent in 1976, he remained at Boca Ciega High School for the remainder of that school year. For the school year 1977-1978 Respondent was transferred to Pinellas Park High School as dean of students. Upon his transfer to Pinellas Park High School, Demps gave Respondent a good evaluation report. During Respondent's first year at Pinellas Park High School, no incidents were reported to form the basis of any of the charges here considered. This school year 1977-1978 included the probation period set by Exhibit 3. The school year 1978-1979, while Respondent was dean of students at Pinellas Park High School, produced the majority of complaints and testimony at this hearing regarding improper comments made to female students by Respondent, improper contact of a sexual nature with female students by Respondent, and corroboration of this testimony by other witnesses. Ten female students who attended Pinellas Park High School during school year 1978-1979 testified against Respondent regarding incidents between Respondent and these students of a sexual nature. Some of these incidents involved contact or attempted contact such as hugging, kissing or attempting to kiss, touching breasts or attempting to do so, and rubbing the front of his body against students' backsides when passing them when adequate room for passing without contact existed. Several testified to improper comments made to them by Respondent such as "You have a nice set of tits," "I'd like to get in your pants," "You have a nice pair of legs," "Why don't we go to a motel," "You drive an old man crazy," "You have a nice butt and look good in those pants," "One of these days it's going to be you and me," and similar comments regarding female students' anatomy. Much of this testimony was corroborated by other witnesses who overheard the remarks or observed the bodily contact. Additionally, some of the witnesses had complained to their parents or to other faculty members shortly after the incidents. Others first came forward with their complaints when they learned the police were investigating Green's conduct at the school and they became convinced their isolated incidents wouldn't appear unbelievable. Some of these students tolerated and perhaps encouraged the comments to provide them leverage to insure a cover-up for numerous "skips" of classes. Some of these witnesses skipped classes without punishment due to Respondent's position as dean and to whom their infractions were referred. Respondent denied each and every testimonial utterance of misconduct on his part while admitting the situation described by the witnesses, in which the improper actions of Respondent were said to have occurred, were real. During his testimony Respondent referred to school records which would corroborate his testimony, but he made no effort to produce these records or to account for their non-production. Respondent was subjected to three criminal trials on charges stemming from allegations of fact similar to those testified to in these proceedings. He was acquitted on charges alleging battery and false imprisonment and convicted of the offense of attempting to contribute to the delinquency of a minor. Those trials resulted in considerable publicity and the allegations became well-known throughout the Pinellas County School System. Several witnesses testified that Respondent's effectiveness in the Pinellas County School System was totally destroyed by virtue of the notoriety gained by Respondent due to this adverse publicity.
Findings Of Fact Respondent was initially employed by the Pinellas County School Board in August 1973 as a plant operator, and received evaluations on his job performance approximately on an annual basis through December, 1986. In the evaluation dated May 17, 1977 in the category of attitude, Respondent received a comment that he was "slow to cooperate, occasionally disagreed with others, objects to some jobs." Respondent received "Needs Improvement" ratings in attitude, and relations with others on his evaluation dated January 10, 1983. In the evaluation dated December 17, 1984, Respondent received a "Needs to Improve" in the category of relations with others. On October 5, 1979, while a night plant operator at Clearwater High School, Respondent was placed on a 90 day probationary period after using profanity and being insubordinate to his immediate supervisor. On January 11, 1980, the principal of Clearwater High School requested that the Superintendent of the Pinellas County school system initiate the termination of Respondent for failing to cooperate with fellow workers, and reporting that work was done when in fact it had not been done. Prior to any action being taken to terminate Respondent in 1980, Dr. Ronald F. Stone interceded with the Superintendent on Respondent's behalf. It was Dr. Stone's opinion that Respondent's difficulties in cooperating with his fellow workers were due to the larger and more complex nature of the plant operator work at a high school, and Stone arranged to have him transferred to an elementary school where he has been subsequently employed. Respondent's employment was covered by the terms of the collective bargaining agreement between the International Brotherhood of Firemen and Oilers (IBFO) and the Petitioner for the years 1985 through 1988. The IBFO agreement states, in Article 11 that: . . . except as expressly provided in this agreement, the determination and administration of school policy, the operation and management of the schools and the direction of employees are vested exclusively in the Board. The IBFO agreement does not set forth any definition of the grounds for which the Petitioner may discharge IBFO employees, including plant operators. However, the practice of "progressive" discipline is specifically recognized at Article 29, Section G(2). On January 22, 1987, the Office of the State Attorney for the Sixth Judicial Circuit for the State of Florida, in and for Pinellas County Florida, filed an Information in Circuit Criminal Case No. 87-695CFANO, alleging the Respondent had committed the felony of handling and fondling a child under the age of 16 in a lewd manner. The child involved is currently six years old. On May 27, 1987, Respondent entered a plea of guilty to the lesser included charge of simple battery in Case No. 87-695CFANO, the Court accepted said plea, found him guilty of the lesser included charge of simple battery, withheld adjudication of guilt, and placed him on probation for one year. The Superintendent of the Pinellas County School System has recommended that Respondent's employment be terminated based upon his plea to this charge, and the accumulated effect of his poor performance in this job. There are no plant operator jobs in small, noncomplex facilities, within the Pinellas County school system that would not bring the employee into contact with children. Even working on night shifts in an elementary school, Respondent would be coming into contact with children who are students of the Pinellas County school system. It is the opinion of Dr. Ronald Stone, Executive Assistant Superintendent of Human Resources and Ms. Nancy Zambito, Director of Personnel Service, that the employees of the Pinellas County school system must maintain a public image of respect for school age children, and that the commission of, or entry of a plea of guilty to the charge of any battery on a school age child is inconsistent with said public image and is, therefore, detrimental to the Pinellas County school system. According to his brother, Arthur T. Greer, a lieutenant in the Akron Police Department, Respondent has a learning disability which makes it very difficult for him to communicate. He discussed the entry of a plea of guilty to a simple battery with Respondent before it was entered, and he feels that Respondent entered this plea to avoid a very traumatic experience of testifying in court. However, Respondent has consistently denied improperly touching, fondling or committing a battery on the child. Respondent's immediate supervisor, William J. Johnson, who has supervised him for 5 years, testified that he was a very good, loyal and dependable worker. This testimony was supported by Robert Russell, Plant Operations Supervisor. Johnson also confirmed that Respondent has consistently denied the charges involving the child. In accordance with Article 29 of the IBFO agreement, disciplinary action taken more than two years previous to a current charge cannot be considered by an employee's immediate supervisor in assessing disciplinary action on a current charge. This provision, however, does not limit consideration by the Superintendent or School Board of all prior charges and disciplinary actions when imposing discipline on a current charge. Respondent is under contract for the 1987-1988 school year, but is in the status of suspended without pay, pending a final determination in this cause. He has been suspended without pay since January, 1987 when the information against him was filed in Case No. 87-695CFANO.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order approving the Superintendent's recommendation that disciplinary action be taken against Respondent. However, it is recommended that such action be based solely upon the finding that he is guilty of a simple battery against a child under 16 years of age. Accordingly, it is recommended that Respondent be suspended without pay from January, 1987 until the entry of the Final Order herein at which time it is further recommended that Respondent be reinstated to his former position as plant operator. DONE AND ENTERED this 1st day of February, 1988, in Tallahassee, Florida. DONALD D. CONN 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 1st day of February, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-4131 Rulings on Petitioner's Proposed Findings of Fact: 1-2 Adopted in Finding of Fact 1. 3-5 Adopted in Finding of Fact 2. Adopted in Finding of Fact 3. Adopted in Finding of Fact 4. Rejected as not based on competent substantial evidence. Rejected as unnecessary and irrelevant. 10-11 Adopted in Finding of Fact 5. 12 Rejected as unnecessary and cumulative. 13-14 Adopted in Finding of Fact 6. Adopted in Finding of Fact 7. Adopted in Finding of Fact 8. 17-18 Rejected as unnecessary due to Finding of Fact 9. Adopted in Finding of Fact 9. Adopted in Finding of Fact 8. Rejected as irrelevant and unnecessary. 22-23 Adopted in Finding of Fact 10. Adopted in Finding of Fact 11. Rejected as unnecessary and cumulative due to Finding of Fact 9. Rulings on Respondent's Proposed Findings of Fact: 1 Adopted in Finding of Fact 1. 2-3 Adopted in Finding of Fact 9. Rejected as simply a statement about evidence which was not presented; and therefore as unnecessary. Adopted in Findings of Fact 2-5, 13 and 14. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 4688 Clearwater, Florida 34618-4688 James R. Stearns, Esquire 1370 Pinehurst Road Dunedin, Florida 34698 Scott N. Rose, Ed.D. Superintendent of Schools Post Office Box 4688 Clearwater, Florida 34618-4688 =================================================================
The Issue The basic issues in these consolidated cases are whether the Respondent should be dismissed from his employment as a school teacher in the Broward County School District and whether his Florida teaching certificate should be disciplined based upon substantially similar charges filed by the respective Petitioners. Petitioners allege that the Respondent conducted himself improperly on three separate occasions with three different female students. The Petitioner School Board of Broward County seeks the Respondent's dismissal pursuant to Section 231.36, Florida Statutes, on the basis of allegations that the Respondent is guilty of: (a) immorality, (b) misconduct in office, and moral turpitude. The Petitioner Betty Castor seeks to discipline the Respondent's Florida teaching certificate pursuant to Section 231.28, Florida Statutes, on the basis of allegations that the Respondent is guilty of: (a) gross immoral-ity or an act involving moral turpitude, (b) personal conduct which seriously reduces his effectiveness as an employee of the School Board, and (c) violations of the code of conduct for educators in the State of Florida. The Respondent denies any misconduct.
Findings Of Fact Facts stipulated to by all parties The Respondent, Wayne N. Bailey, holds Florida teaching certificate 478398, covering the areas of Science, Biology, and Physical Education, which is valid through June 30, 1995. At all times pertinent to these consolidated cases, the Respondent was employed as a teacher and coach at South Plantation High School in the Broward County School District, and was so employed since 1980. The Respondent holds a continuing contract as a classroom teacher. Virgil L. Morgan, is the Superintendent of Schools for Broward County, Florida. Facts established at the hearing Facts regarding the student J.F. 1/ During the 1987-1988 school year, a female student named J.F. was a student in the fifth period Biology class taught by the Respondent. J.F. was a student in that class for the entire school year. During the first half of the school year she sat in the front of the classroom. Sometime during the 1987-88 school year, J.F. reported to the school authorities that the Respondent had passed a note to her in class containing words to the effect that the Respondent thought she was a bright girl, that he wanted to get to know her better, and requesting her telephone number. The record in this case lacks persuasive evidence that the incident reported by J.F. actually occurred. 2/ Facts Regarding the Student C.P.C. 3/ During the first half of the 1987-88 school year, a female student named C.P.C. was a student in the second period Biology class taught by the Respondent. One evening after a football game at South Plantation High School, C.P.C. was sent to get some ice from a locked concession stand. When she got to the concession stand, she saw the Respondent holding something that she believed contained beer. 4/ On several occasions thereafter, C.P.C. joked with the Respondent to the effect that she had seen him with beer in the concession stand. Towards the end of the first semester of the 1987-88 school year, in conjunction with seeking a transfer out of the Respondent's class, C.P.C. reported that the Respondent had offered to provide her with beer and had invited her to drink beer with him at his house. The record in this case lacks persuasive evidence that the offer and invitation reported by C.P.C. actually occurred. 5/ Facts Regarding the Student L.H. 6/ During the 1989-1990 school year, a female student named L.H. was a student at South Plantation High School. During that school year, L.H. was in the twelfth grade. She was never a student in any class taught by the Respondent, and prior to the incident described below she had had very little contact with the Respondent. During the 1989-90 school year, L.H. was a member of the girl's varsity basketball team. The incident described below occurred on an afternoon in early January (probably January 3) of 1990, prior to a home basketball game that was played on the campus of South Plantation High School. Because there was a basketball game later that day, on the day in question L.H. remained on the school grounds when classes were over at 2:35 p.m. Two other students stayed on the campus with her, D.G. 7/ and S.M. 8/ Sometime after 3:00 p.m., but before 4:00 p.m., L.H. wanted to go to the coaches' office inside the gymnasium in order to get some fruit from her gym bag. She and her two student companions went to the gymnasium and found that it was locked. The three students began to knock on the door. Shortly thereafter, the Respondent came to the door and asked why the students wanted to come into the gymnasium. After L.H. explained what she wanted, the Respondent allowed her to enter and then closed the gymnasium door, leaving the other two students outside the gymnasium door. Again, the gymnasium door was locked. L.H. entered the coaches' office inside the gymnasium and proceeded to retrieve her gym bag. The Respondent followed her into the coaches' office and closed the door to the office behind him. Thereupon, the Respondent approached L.H., began trying to fondle her body, began kissing her, and while doing so succeeded in partially unbuttoning the top of L.H.'s jump suit and pulling it down over her shoulder. The Respondent then lifted L.H.'s bra, exposing her breast, whereupon he rubbed her breast with his hands and then placed his mouth on her breast and sucked hard and/or bit on her breast. During the course of this activity the Respondent also unzipped his pants, removed his penis from his pants, and then pushed one of L.H.'s hands until it was in contact with his penis. The Respondent also attempted to get L.H. to lie down on a desk in the coaches' office. During the course of the activities described immediately above, the Respondent was speaking to L.H. encouraging her to consent to sexual intercourse, while she was asking him to stop and struggling to free herself from his clutches. Shortly after the commencement of the activities described above, the two students who had remained outside began to knock loudly on the locked gymnasium door. Shortly after the knocking began, the Respondent released L.H., zipped up his pants, sat down, and pretended to be talking on the telephone. He then said to L.H., "this will be our secret, just between me and you." As soon as the Respondent released her, L.H. rearranged her clothes, left the coaches' office, and then left the gymnasium. When she met D.G. and S.M. outside the gymnasium, L.H.'s hair was messed up and it appeared to both D.G. and S.M. that something was bothering L.H. D.G. proceeded to ask L.H. several times what was bothering her. Because she was embarrassed, frightened, and confused, L.H. did not tell D.G. or S.M. what had happened until sometime later. Later that same evening, L.H. called D.G. on the telephone and told him in detail what the Respondent had done to her in the coaches' office. L.H. did not report the Respondent's conduct to school authorities until February 28, 1990, during the course of an interview by her school guidance counsellor. Her delay in reporting the matter to school authorities was due to her embarrassment and to her concern that the school authorities might not believe her word over that of a teacher. The Respondent's effectiveness as an employee of the Broward County School Board has been seriously diminished by the incident involving L.H.
Recommendation Based on all of the foregoing, it is RECOMMENDED that final orders to the following effect be entered in these cases: In Case No. 90-3615, a final order should be entered concluding that the Respondent is guilty of "immorality" and "misconduct in office" within the meaning of Section 231.36(4)(c), Florida Statutes, and terminating the Respondent's employment with the Broward County School Board. In Case No. 90-6154, a final order should be entered concluding that the Respondent is guilty of "gross immorality or an act involving moral turpitude," of conduct "which seriously reduces that person's effectiveness as an employee of the school board," and of conduct violating paragraphs (a) and (e) of subsection (3) of Rule 6B-1.006, Florida Administrative Code, within the meaning of Section 231.28(1)(c), (f), and (h), Florida Statutes, and permanently revoking the Respondent's teaching certificate. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of December 1991. 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 3rd day of December 1991.
The Issue The issue is whether Respondent is sleeping in class and failing to supervise his students, so as to violate the prohibitions against misconduct in office and incompetence, as provided by Florida Administrative Code Rule 6A-5.056.
Findings Of Fact Respondent has been employed by Petitioner as a classroom teacher for 12 years, all at Cypress Bay High School. During his teaching career, he has taught physical and earth science, except, on occasion, when he has been assigned to teach biology. He has earned exclusively satisfactory marks on each of his annual evaluations, including his most current evaluation. On the evening of April 8, Respondent and his wife were up all night with their special-needs daughter. The next morning, Respondent reported to work punctually and taught his first period course. Respondent was exhausted from lack of sleep the previous night. While seated in his chair between classes, he lifted his eyes toward the heavens, emitted a quiet sigh, and prayed silently for the strength to get through the day at work. His head tilted back and his eyes closed, Respondent was lost in prayer as the students filtered into the classroom.1/ Although in a deeply relaxed state, Respondent could hear the students taking their seats and preparing for class to start. Stirring slightly at the bell signifying the start of class, Respondent emerged from his prayerful reverie after no more than two minutes into second period; he was in this state for no more than four minutes immediately prior to the bell. On these facts, it is impossible to infer from the evidence that Respondent was sleeping at the start of class. He was disengaged, though, so, as he began instruction, he appropriately apologized for his inattention for what was no more than the first couple of minutes of class and explained that he and his wife had had a rough night with a sick child. At all material times, the white board at the front of the classroom was full of written material, and the students had bellwork to perform at the start of every class. There were no behavioral problems during the time that Respondent had failed to give the class his undivided attention, and his inattentiveness did not affect learning that day.
Recommendation It is RECOMMENDED that Petitioner enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 13th day of January, 2014, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE 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 13th day of January, 2014.
