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BETTY CASTOR, AS COMMISSIONER OF EDUCATION vs ROBERT R. STONE, 91-006976 (1991)
Division of Administrative Hearings, Florida Filed:Ocala, Florida Oct. 30, 1991 Number: 91-006976 Latest Update: Sep. 15, 1992

Findings Of Fact At relevant times to this inquiry Respondent has held the teaching certificate number 664911 in the area of substitute teacher issued by the Petitioner. In the case of the State of Florida v. Robert Ray Stone, in the Circuit Court of the Fifth Judicial Circuit of the State of Florida in and for Marion County, Case Number 90-1630-CF-A-W, Respondent was charged with two counts of vehicular homicide, a single count of leaving the scene of an accident in which a death was involved and a single count of evidence tampering. The accident was alleged to have occurred on May 6, 1990 and the alleged evidence tampering was said to have occurred between May 6 and May 12, 1990. On April 30, 1991 Respondent was tried, found guilty and was adjudicated guilty of unlawfully and willfully failing to stop his vehicle at the scene of an accident or as close thereto as possible, or forthwith to return to that scene and fulfill the reporting requirements and rendering of aid requirements set out in Section 316.062, Florida Statutes, thus violating Section 316.027, Florida Statutes. He pled and was adjudicated guilty of unlawfully and knowingly altering, destroying, concealing, or removing any record, document or thing, in this instance an automobile and/or automobile parts with the purpose to impair its verity or availability in any proceeding or investigation, knowing full well that a criminal trial or proceeding or an investigation by duly constituted prosecuting authority, law enforcement agency or grand jury of the state was pending or was about to be instituted, and through such evidence tampering violated Section 918.13(1)(a), Florida Statutes. The accident in question involved death. These offenses in Counts 3 and 4 to the information to which Respondent offered his pleas were third degree felonies. The two counts of vehicular homicide were not pursued and are not part of the judgment and sentence in the aforementioned case. For his plea Respondent was given concurrent sentences of twelve months imprisonment for Counts 3 and 4 to the second amended information, followed by six years probation to run concurrent. In the imposition of the sentence the court also recommended payment of restitution and investigative costs, alcohol counseling, and that the Respondent consume no alcohol and that the driver's license of the Respondent be revoked for a period of three years. Knowledge of the crime was publicized in the Ocala Star Banner in its July 10, 1990 edition. Frank Washington, Jr., Director of Personnel for the Marion County School System, Marion County, Florida, in which Respondent had been employed as a substitute teacher, offered his opinion on the Respondent's effectiveness to serve as a substitute teacher following the subject incident. Mr. Washington has 31 years of experience in education to include classroom instruction at the elementary, junior high and high school level, service as assistant principal or principal in elementary and middle schools as well as his administrative service. Mr. Washington holds a Florida certificate to teach. Mr. Washington is somewhat familiar with the criminal law case against the Respondent. As a consequence of the case Respondent has been removed from the approved list of substitute teachers in the Marion County School System. Mr. Washington's opinion on the effectiveness of the Respondent to carry forward his duties as a substitute teacher is that Respondent's effectiveness has been reduced. This is especially true given that the school system has limited control over substitute teachers as contrasted with full-time teachers. Mr. Washington's concerns about Respondent's effectiveness also addresses the apparent disregard for human life evidenced by the Respondent in his conduct in leaving the scene of an accident where a human life was lost and the deceit demonstrated by the Respondent in his evidence tampering following the accident. Mr. Washington does not believe that this type individual needs to be in the classroom working with children in a posture where children are to be taught good citizenship. Mr. Washington's opinion on loss of effectiveness is accepted.

Recommendation Upon the consideration of the facts found and conclusions of law reached, it is recommended: That the teaching certificate as a substitute teacher, No. 664911, held by Robert R. Stone be revoked for a period of ten years. RECOMMENDED this 31st day of March, 1992, in Tallahassee, Florida. CHARLES C. ADAMS 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 31st day of March, 1992.

Florida Laws (4) 120.57316.027316.062918.13
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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs RAFAEL GARCIA, 02-002756PL (2002)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jul. 11, 2002 Number: 02-002756PL Latest Update: Sep. 26, 2024
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SCHOOL BOARD OF DADE COUNTY vs. KATHY COMBA, 84-001541 (1984)
Division of Administrative Hearings, Florida Number: 84-001541 Latest Update: Jun. 08, 1990

Findings Of Fact Respondent has been employed by Petitioner as a teacher's aide in a mentally handicapped classroom for the past three years. Prior to her employment, Respondent, who is the mother of a handicapped child, worked as a volunteer classroom aide. She is active in the Parent Teacher Association and is a girl scout leader. Respondent attended an orientation session at the beginning of the 1983-84 school year where school policies were discussed. However, she does not remember any explanation of corporal punishment policy and did not receive a copy of Petitioner's rules on this subject. Respondent has had no formal training in education and is not certificated. Respondent recalls a discussion at the beginning of the school year with the special education teacher who was her supervisor. The teacher advised Respondent not to hit Robert Pelligrino because his sister would likely take legal action. The teacher concedes that she made a special point of telling Respondent not to strike Robert Pelligrino, but claims to have forgotten everything else about the discussion including the reason for this unusual warning. On or about February 3, 1984, while engaged in her duties as a teacher's aide, Respondent slapped the student Robert Pelligrino in the face. She struck the child with sufficient force to leave a mark which was visible for a brief period following the incident. Although Petitioner presented no evidence to establish that Respondent struck Robert Pelligrino, she readily admitted doing so. However, Respondent claims she was merely trying to correct his finger-sucking habit. This alibi is rejected, in that events leading up to the incident provoked Respondent and caused her to believe that Robert needed to be disciplined while his unacceptable behavior was fresh in his mind. Robert, who is mentally handicapped, tripped a smaller, handicapped student who fell and was injured as a result of Robert's action. Respondent first went to the aid of the injured student and immediately thereafter slapped Robert. The two other incidents were attested to by Robert's sister, Mrs. Donna Ferrell, who was serving as a volunteer aide on February 1, 1984. Mrs. Ferrell and Respondent were both working with a group of handicapped children on the occasion of a class field trip. Mrs. Ferrell observed Respondent beating on the chest of one student in an effort to re-attach a "stick-on" name tag which the child had removed. Later, on the bus, Mrs. Ferrell observed Respondent reach out and strike or tap a student on the top of his head to gain his attention. This evidence did not establish that Respondent injured either student, that she used undue force, or that she was attempting to punish either of them.

Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a Final Order dismissing its charges against Respondent. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The DeSoto Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1984.

Florida Laws (1) 90.202
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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs CHARLES PARRISH, 02-004351PL (2002)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Nov. 08, 2002 Number: 02-004351PL Latest Update: Sep. 26, 2024
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FRANK T. BROGAN, AS COMMISSIONER OF EDUCATION vs JOHN A. KNIGHT, 95-003743 (1995)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jul. 26, 1995 Number: 95-003743 Latest Update: Mar. 20, 1996

Findings Of Fact The Respondent holds Florida teaching certificate 227677, covering the areas of Chemistry, Biology, and Middle Grades General Science, which is valid through June 30, 1996. Petitioner has been certified to teach in Florida since 1969. On or about February 5, 1979, Respondent was arrested and charged with Disorderly Conduct, a misdemeanor, in Orange County, Florida. Respondent pled not guilty to the charge, waived a jury trial and was tried before the court and found guilty. The count withheld adjudication and on or about May 2, 1979, the Court sentenced Respondent to pay a $350.00 fine, plus court costs. On or about June 24, 1985, Respondent executed, under oath, an Application for Extension of Certificate. Respondent answered "no" to the following question: Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations? Respondent was negligent in completing his application in that he failed to acknowledge his 1979 arrest for Disorderly Conduct for which the Court withheld adjudication. The renewal application was completed six years after the incident and Respondent simply forgot to list it on the form. On or about December 25, 1992, Respondent was arrested and charged with Battery, a first degree misdemeanor, following a domestic disturbance with his wife in Seminole County, Florida. Respondent pled nolo contendere to the battery charge. On or about February 11, 1993, the count withheld adjudication and sentenced Respondent to serve six months probation. Probation was successfully terminated on August 23, 1993. On or about September 6, 1993, Respondent was arrested and charged with Aggravated Battery, a third degree felony, and Shooting Into or At a Building, a second degree felony. Respondent pled not guilty to the charges and was tried and convicted on both counts following a trial by jury. On or about May 30, 1994, the Court adjudicated the Respondent guilty of Aggravated Battery and withheld adjudication on the charge of Shooting Into or At a Building. Respondent was sentenced to 3 years in prison on the battery charge (Count I). He was placed on one year probation on Count II and required to pay court costs. The conviction and sentence was appealed to the Fifth District Court of Appeal of Florida. The court upheld the conviction and sentence. However, it did certify a question as one of great public importance to the Florida Supreme Court Respondent testified that he has been a school teacher for more than 25 years and has an outstanding record in the community.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent be found guilty of violating Sections 231.28(1)(c), (e), (f), (i), (j), Florida Statutes and not guilty of violating Section 231.28(1)(a), Florida Statutes and Fla. Admin. Code R. 6B-1.006(5)(a) and (h). It is further RECOMMENDED that the Respondent's teaching certificate be revoked for a period of 5 years, followed by a period of 3 years probation should the Respondent become recertified in Florida and upon such reasonable and necessary conditions as the Commission may require. DONE AND ENTERED this 22nd day of December, 1995, in Tallahassee, Florida. DANIEL M. KILBRIDE, 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 December, 1995. APPENDIX Petitioner's Proposed findings of fact: Accepted in substance: paragraphs 1, 2, 3, 4 (in part), 5 (in part), 6 (in part. Rejected as hearsay and irrelevant: paragraphs 4 (in part), 5 (in part), 6 (in part). Respondent did not file proposed findings of fact. COPIES FURNISHED: John A. Knight, Pro Se 1817 Harding Avenue Sanford, Florida 32771 Barbara J. Staros, General Counsel Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Ronald G. Stowers, Esquire Office of the General Counsel Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Dr. Karen Barr Wilde, Executive Director Education Practices Commission 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen Richards, Administrator Professional Practices Services 325 West Gaines Street Tallahassee, Florida 32399-0400

Florida Laws (1) 120.57 Florida Administrative Code (2) 6B-1.0066B-4.009
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BETTY CASTOR, AS COMMISSIONER OF EDUCATION vs JUNE C. RAWLS, 92-004489 (1992)
Division of Administrative Hearings, Florida Filed:Miami, Florida Jul. 23, 1992 Number: 92-004489 Latest Update: May 21, 1993

The Issue At issue in this proceeding is whether respondent committed the offenses set forth in the administrative complaint and, if so, what disciplinary action should be imposed.

Findings Of Fact Respondent, June C. Rawls, currently holds Florida teaching certificate number 240351, covering the areas of early childhood education and elementary education, which is valid through June 30, 1996. Respondent has been employed by the Dade County Public School System for 25 consecutive years and was so employed at all times pertinent to these proceedings. During the 1990-91 school year, respondent was employed as a kindergarten teacher at Gloria Floyd Elementary School. Her class, comprised of 5 and 6-year-olds, was typical in terms of class size, with 22 to 24 students, and in terms of the nature of her students, with the vast majority considered within the "norm" and two or three that might ultimately be identified as "outstanding" or "exceptional" students. Here, petitioner charges that during the 1990-91 school year respondent used inappropriate physical force to discipline or control the behavior of her students, and made inappropriate or disparaging remarks to her students. The proof overwhelmingly supports such charges and demonstrates that not only did respondent subject her youthful charges to such loathsome conduct, but that she did so on a routine basis. 1/ Regarding the verbal abuse respondent visited upon her students, the proof demonstrates that she routinely spoke in a loud, harsh and intimidating voice, and ridiculed, mocked and denigrated her students. Exemplifying the tenor of remarks she vented upon various of her student or the class are the following: "You're no good, I know you're no good, you're mother knows you're no good and you're father knows you're know [sic] good so sit down and shut up." In a 7 minute tirade, abraded a student with the following remarks: the "reason you're parents don't like you; you are so bad; when you come home tonight you're parents are going to be gone, they're going to go off and leave you; you are so bad; nobody likes you, you're parents don't love you." Abrading the entire class, she commented with regard to their comparative worth with the class next door, which was a prekindergarten, high risk, special education class, the following: "If you don't shut up you're going to be like those kids next door, you know what their like. If you don't, you're going to be just like those children next door; you are just like those children next door; you're stupid; you're dumb." Upon being advised by another teacher that she had found a dollar lying on respondent's classroom floor, and one of the respondent's students averring that it was his, respondent remarked in a loud strident voice so the entire class could hear that he "was a sick puppy, . . . he would never amount to anything and it was no wonder his parents didn't like him and [that the other teacher] shouldn't touch the money since it had been in his underwear." And, variously, "you're not worth anything," and "you're dumb, you're never going to be anything." In addition to the loud, harsh and intimidating voice respondent used to address her students, she was also physically abusive towards them. In this regard, the proof demonstrates the following: Respondent would occasionally drag students across the floor by their wrists to the "time out corner," and slap them; pick students off the ground by their wrists and shake them; and roughly push or slam them into their seats or on the floor. On one occasion, respondent picked a student up by the jaws, about two feet off the floor, and carried the child about seven or eight feet across the room. Respondent was observed pushing students, pulling their hair, squeezing their ears and pinching them. On one occasion, respondent was observed angrily throwing a back pack and lunch box across the classroom, and on another occasion, she was observed to have kicked a child who had kicked another child. Finally, respondent was observed to have forced her students to sit in a cross legged position, and when one child apparently was having problems because the child's legs were getting cramped and opened them up, respondent took the child's legs and slammed them close to cross them again. The foregoing incidents of verbal and physical abuse reflect the tenor of respondent's conduct toward her students during the course of the 1990-91 school year, which was routinely punctuated by verbal haranguing. Such conduct failed to present a good example, as a role model, for the students or set a good example for the children to emulate in dealing with their peers; caused various students to become hysterical,cower, cry and fear respondent; damaged their self esteem; and raised concern that her rough handling of students could result in serious injury to them, such as damage to their spinal cord. Respondent's conduct during the 1990-91 school year was condemned by her peers and parents. Such conduct evidenced a reckless indifference to the mental and physical well-being of her students, was contrary to Dade County Public School policy which forbids the use of corporal punishment, and such punishment was administered contrary to the provisions of state law. Section 232.27, Florida Statutes. While respondent's conduct during the 1990-91 school year forms the basis for the charges lodged against her by petitioner, the proof demonstrates, as elicited by respondent, that her abusive behavior was not limited to that school year. Rather, the proof demonstrates that the demeanor she exhibited towards her students deteriorated over the two-year period preceding the 1990-91 school year, and her verbal haranguing continued into the 1991-92 school year even though she had been reassigned to teach a higher grade level. In December 1991, respondent's physician advised her, after consulting him for some "physical problems," that "different chemicals within [her] body were elevated and he thought [she] should seek counseling or take some time off from work." Consequently, respondent took two weeks leave, in addition to her normal Christmas holidays, and during such time saw a psychologist for counseling. The record is, however, devoid of any proof concerning respondent's diagnosis, the purpose for the counseling, the frequency of the counseling, or the prognosis for her recovery from the condition, albeit unexplained of record, which prompted her referral to counseling. What does appear of record is, however, the fact that what ever counseling she received was limited to December 1991, and that she has sought no counseling since that time. In January 1991, following the Christmas holidays, respondent returned to Gloria Floyd Elementary School, where she remained until she was transferred to another school in May 1992. Apparently no change occurred in respondent's behavior because, notwithstanding counseling, respondent's principal was of the opinion, which is credited, that respondent "should leave the classroom . . . I don't think she should be teaching elementary school." While severe, the conclusion that respondent should not be permitted to return to the classroom, at the current time, is well supported by the clear and present danger respondent posed to her students' mental and physical well- being during the 1990-91 school year, and the lack of any compelling proof that such conduct would not reasonably be expected to repeat itself. In so concluding, respondent's testimony that she has not suffered similar problems during the 1992-93 school year has not been overlooked; however, such testimony is not persuasive or credible given respondent's contemporaneous denial, in the face of overwhelming proof to the contrary, that she ever committed any of the acts of verbal or physical abuse heretofore discussed, and would never have done so because it would have been "demeaning and disparaging" to the students. In sum, respondent is either a prevaricator or her grasp of reality is so distorted as to lack reliability, such that her testimony is unworthy of belief.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered which permanently revokes respondent's teaching certificate for a term of five (5) years. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of February 1993. WILLIAM J. KENDRICK 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 26th day of February 1993.

Florida Laws (2) 120.57120.68 Florida Administrative Code (2) 6B-1.0066B-4.009
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MANUEL QUIROGA vs BETTY CASTOR, AS COMMISSIONER OF EDUCATION, 93-006529 (1993)
Division of Administrative Hearings, Florida Filed:Miami, Florida Nov. 12, 1993 Number: 93-006529 Latest Update: Oct. 06, 1995

The Issue The issue presented is whether Petitioner's application for a Florida Teacher's Certificate should be granted.

Findings Of Fact Petitioner is 45 years of age and is employed by the Dade County Public Schools as a fourth-grade teacher, in the position of substitute teacher. On March 28, 1983, Petitioner was arrested for solicitation of prostitution, a misdemeanor. The following morning Petitioner pled nolo contendere to that misdemeanor and paid a fine. Adjudication was withheld. In 1990 Petitioner's attorney filed a Motion to Seal and Expunge Records in that case. On February 19, 1990, the County Judge entered an Order Expunging and Sealing Criminal Records, granting that Motion. That Order contains specific findings that Petitioner was never adjudicated guilty of the charge for which he was arrested, that Petitioner had not secured a prior records expunction or sealing, and that Petitioner had never previously been adjudicated guilty of a criminal offense or comparable violation. That Order provided for the expungement of Petitioner's criminal history records and restored him to the status occupied before his arrest. Lastly, that Order specifically provided that Petitioner could thereafter . . . lawfully deny or fail to acknowledge the events covered by the expunged or sealed records, except in the following circumstances: When the Defendant is a candidate for employment with a criminal justice agency; When the Defendant is a Defendant in a criminal prosecution; When the Defendant subsequently petitions for release under Florida Statute 943.058; or When the Defendant is a candidate for admission to the Florida Bar. After that Order was entered, Petitioner's attorney told him the contents of that Order, told him to write down the four situations in which Petitioner would have to admit that he had been arrested, and advised Petitioner that other than those four situations, Petitioner was to proceed as though the arrest had never happened. Effective July 1, 1992, the Legislature amended the statute regulating the sealing and expunging of criminal history records by specifying two additional situations in which a criminal history must be disclosed even though the record remained expunged. One of the two additional situations requires disclosure when the person whose criminal record has been expunged. Is seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff Development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity which licenses child care facilities. No one told Petitioner that the statute had been expanded to cover situations involving employment by a School Board and licensure by the Department of Education. In February of 1993 Petitioner was still unaware that the statute had been so amended. In February of 1993 Petitioner completed and filed with the Department of Education his Application for Florida Educator's Certificate. That application form contained the following question: Have you ever been convicted, found guilty, or entered a plea of nolo contendere (no contest) to a crime other than a traffic violation? A YES or NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. Please attach a separate sheet if you need more space. Petitioner answered "No" to that question. In February of 1993 Petitioner completed and filed with the Dade County Public Schools his Application for Teaching Position. That application form contained the following question: 4. Have you ever been convicted, fined, imprisoned, or placed on probation in a criminal proceeding? Include any and all offenses for which you have been convicted, not limited to those outlined in School Board Rule 6Gx13-4C-1.021 and including offenses for any type of drugs, including marijuana, and court-martial while in military service. (Include those convictions where the court records are sealed or expunged.) Petitioner answered "No" to that question. At the time that Petitioner completed, swore to, and submitted both of those applications, Petitioner believed that he was legally entitled to deny his 1983 misdemeanor arrest except in the four situations enumerated in the Order Expunging and Sealing Criminal Records. Moreover, Petitioner believed that he, like all other persons and agencies, was actually under a court order not to disclose his arrest other than in those four situations. At the time that Petitioner completed, swore to, and submitted those applications, he believed that he was providing legally correct information. Petitioner did not intend to provide incorrect, false, or fraudulent information when he answered the questions pertaining to his criminal record in the negative. Other than the 1983 misdemeanor arrest, Petitioner has never been arrested for any criminal activity.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered granting Petitioner's application for issuance of a Florida Teacher's Certificate. DONE and ENTERED this 3rd day of June, 1994, at Tallahassee, Florida. LINDA M. RIGOT 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 June, 1994. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 93-6529 Petitioner's proposed findings of fact numbered 1-3 and 5-11 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed finding of fact numbered 4 has been rejected as not constituting a finding of fact. Respondent's proposed findings of fact numbered 1-10 have been adopted either verbatim or in substance in this Recommended Order. COPIES FURNISHED: William Du Fresne, Esquire Du Fresne and Bradley, P.A. Suite One 2929 Southwest Third Avenue Miami, Florida 33129 Robert J. Boyd, Esquire Bond & Boyd, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Karen B. Wilde, Executive Director Education Practices Commission The Florida Education Center 325 West Gaines Street, Room 301 Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros Department of Education General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400

Florida Laws (2) 120.57120.68 Florida Administrative Code (2) 6B-1.0066B-4.009
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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs VAL JEANNE ROSS, 02-003093PL (2002)
Division of Administrative Hearings, Florida Filed:Jacksonville, Florida Aug. 05, 2002 Number: 02-003093PL Latest Update: Sep. 26, 2024
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JON SETH WORTMAN vs. RALPH D. TURLINGTON, COMMISSIONER OF EDUCATION, 83-000775 (1983)
Division of Administrative Hearings, Florida Number: 83-000775 Latest Update: Nov. 15, 1983

Findings Of Fact On July 4, 1982, while driving a borrowed automobile, Petitioner was involved in an automobile accident. At the scene of the accident, a quantity of marijuana was found in the vehicle, and on July 9, 1982, in the Criminal Court of the City of New York, Petitioner was charged with criminal possession of marijuana in the second degree and operating a motor vehicle while impaired by use of drugs. The first charge was reduced to criminal possession of marijuana in the fourth degree. Petitioner had no knowledge that marijuana was located inside the automobile he had borrowed and was not operating the motor vehicle while impaired by drugs. Subsequent to his being discharged from the hospital where he was receiving treatment for injuries sustained in the accident, Petitioner received two anonymous telephone threats. Petitioner was advised that if he were to involve the owners of the borrowed automobile in the drug charges he would have reason to fear for his physical safety. Petitioner communicated these threats only to the attorney who was representing him on the criminal charges. On September 7, 1982, Petitioner entered a plea of guilty to an even lesser charge of criminal possession of marijuana in the fifth degree, a class B misdemeanor, for which he paid a $210 fine and a $40 assessment. Petitioner would not have entered a plea of guilty to that misdemeanor if he had not received the threats against him. On November 16, 1982, Petitioner filed a written application with the Department of Education requesting issuance of a Florida Teacher's Certificate. In Section V of the application, Petitioner indicated that he had been arrested in Queens County, New York, on July 21, 1982, for possession of 25 grams of marijuana and fined $210. On November 29, 1982, Marlene T. Greenfield, Administrator of Professional Practices Services of the Department of Education, wrote Petitioner to request additional information concerning his answer to the questions in Section V of his application. Petitioner replied to Mrs. Greenfield's request by letter dated December 13, 1982. In his reply, Petitioner explained as follows: I pleaded guilty to the possession of a small amount of marijuana for purposes of expediency since I was driving a friend's car at the time of arrest and rather than involving other people, I pleaded guilty and paid the monetary fine. Based upon the additional information furnished to the Department of Education by Petitioner, his application for a Florida Teacher's Certificate was denied. Petitioner was notified of the denial by a document entitled Notice of Reasons, signed by the Commissioner of Education and dated February 14, 1983. The parties stipulated, prior to the formal hearing in this cause, that Petitioner has met all requirements for issuance of a Florida Teacher's Certificate except those set forth in the Notice of Reasons. Petitioner's conviction for the fifth degree misdemeanor of possession of marijuana was entered upon his plea of guilty which was the result of threats and coercion. Petitioner has been licensed as a teacher in the State of New York for four years, where he served primarily as a substitute teacher but also as a term teacher by appointment. He has also received two satisfactory teacher evaluation ratings while serving as a substitute teacher in Broward County, Florida. On June 2, 1983, he was approved by the School Board of Broward County as a substitute teacher for the 1983-1984 school year, which approval may have been suspended pending his receipt of a Florida Teacher's Certificate.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered issuing to Petitioner Jon Seth Wortman a Florida Teacher's Certificate. DONE and RECOMMENDED this day of September, 1983, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of September, 1983. COPIES FURNISHED: Eric R. Schwartz, Esquire 3500 North State Road 7, Suite 290 Lauderdale Lakes, Florida 33319 J. David Holder, Esquire 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32302 The Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Donald L. Griesheimer Executive Director Education Practices Commission The Knott Building Tallahassee, Florida 32301 =================================================================

Florida Laws (1) 120.57
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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs HENRY L. LAMB, 00-002769PL (2000)
Division of Administrative Hearings, Florida Filed:Miami, Florida Jul. 06, 2000 Number: 00-002769PL Latest Update: Sep. 26, 2024
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