Findings Of Fact The parties stipulated that respondent holds a temporary Florida Teacher's Certificate, number 514251, covering physical education, and that he worked as a teacher at Dunnellon High School (DHS) in the Marion County School District, for the 1982-83 school year, until he was transferred to the textbook depository. Charles L. Smith, a teacher for thirteen years, the married father of three children, holds a master's degree in special education. He coached the junior varsity football team last year at DHRS, and taught, inter alia, language arts or English to a varying exceptionalities class that met fifth period. Some of the students were classified as educably mentally retarded (or handicapped); and others as emotionally handicapped; and perhaps others till as specifically learning disabled. They were all slower students. DUMB AND STUPID Coach Smith, who saw the group as an ideal class (except for Chris, George and David who were "habitual troublemakers") bantered with the students and generally seemed to have a rapport, and to have enjoyed their affection. But some of these verbal exchanges were personal, as when Coach Smith teased Emily good-naturedly that she was ugly, and others offended students not used to being called dumb, stupid, brainless, birdbrain, feather brain or deadhead. Coach Smith called students by these and other names. Emily knew she was being teased when Coach Smith called her ugly, and she did not mind. But, as a group of slow learners, the fifth period class may have been unusually sensitive when informed by Coach Smith that they were "the dumbest class." The students in respondent's fifth period language arts class rankled as being address, "Hey, Stupid" or as "Football Head." On two occasions involving six or seven students, the school administration got complaints from students about Coach Smith's calling them names. A parent also complained to the school that her son had been demeaned. Coach Smith now realizes that berating students in front of the class is not a sound practice, and would refrain from using the words, "stupid" and "dumb," and the like to describe students, on any future teaching assignment. EMILY At hearing, Emily did not display great intellectual agility. It was easy to believe that she had been placed properly when she was put in respondent's fifth period class. But she seemed utterly guileless, a kindly and truthful person who wished nobody ill. She testified that respondent "was nice." (T. 65) During their time alone together on May 11, 1983, she testified that respondent said, "I think you like them black boys. I said no, I'm just friends with everybody." (T. 78) On May 7, 1983, a Saturday night, Ruth Annette Edwards, who works as a teacher's aid in Coach Smith's sixth period class, saw Emily's brother leaving a food store with a male friend. One of the boys had a can of beer and Mrs. Edwards heard somebody say something about "getting high." When Emily emerged from the store, Mrs. Edwards took her aside and spoke to her. In response to Mrs. Edwards' questions, Emily, who was 16 or 17 years old at the time, said she had tried marijuana four years earlier, but hadn't liked it. The following day or maybe the day after, which would have been a Tuesday, Mrs. Edwards told respondent about her chance meeting with Emily and their conversation. In front of the fifth period class, Coach Smith asked Emily if she would come to see him during second lunch the next day to talk about grades. Mrs. Edwards had speculated aloud to respondent that Emily was smoking marijuana, despite her denial, and that her grades were suffering as a result. Emily first testified that respondent set up the appointment on Tuesday but later on said that this conversation occurred on Monday, that she forgot to show up on Tuesday, so came on Wednesday instead. Mrs. Edwards was present when Coach Smith asked Emily to come in for a conference, and recalled the conversation. But she was not asked on what day it occurred, or when in relation to the point at which she informed respondent that she would not be at work Wednesday. When Emily entered Coach Smith's classroom at lunchtime on Wednesday, May 11, 1983, she found Coach Smith and three male students. The boys eventually left. Emily took a seat at Coach Smith's desk, on his right. What happened thereafter only Emily and Coach Smith were there to see. Coach Smith testified that he told Emily that she was a find student but that he feared that she was on the wrong path, that she should eschew drugs, change direction and so forth; and that he never touched her at any time during the conversation. Emily testified that her left arm was extended more or less perpendicularly to her torso, her left hand resting on a book on the desk at which she and respondent were seated, when, saying, "I like you," respondent reached over, brushed the side of her left breast with the fingers of his right hand two or three times, then, when she dropped her arm, blocking his caresses, reached for her hand and intertwined his fingers with hers. She stood up, she testified, then sat back down and, after she answered Coach Smith's question, telling him, no she, wasn't going to each lunch, left the classroom. Emily testified to this effect after first testifying that no teacher had touched her at any time during last school year. After testifying that she recalled no conversation about grades, Emily was given a written statement she had made earlier to read, and then testified that, during the conference of May 11, 1983, respondent told her he was going to give her an A and asked her, "Do I get a kiss on the cheek?" She "just froze," (T. 77) she said. Fifth period follows second lunch. The bell was about to ring when Emily approached Patsy Davis Steagald, her home economics teachers, and told her that Coach Smith had put his "hands on me here," indicating both breasts with both hands. Emily said she was scared to death and looked to be. Mrs. Steagald did not have time to talk. They both went to their fifth period classes. From Coach Smith's class, Emily went to her physical education class. On arrival, she told Sharyn R. Smythe, her physical education teacher, that she wanted to talk. Mrs. Smythe called roll then went to her office, where she had asked Emily, who had not dressed out, to wait. Emily wrung her hands and told Mrs. Smythe that Coach Smith had touched her breast when they were alone and asked for a kiss. Mrs. Smythe called Mrs. Steagald, and then Ron Wheelis, the DHS principal. The three of them met that afternoon to listen to Emily's account. It was at this meeting that Mrs. Steagald first heard Emily say Coach Smith had grabbed her hand. The next day Emily was absent. Friday she was back at school and signed a written statement accusing Coach Smith. Friday was also the day Mrs. Edwards asked Emily what had transpired Wednesday. (George David Tommyn, the assistant principal at DHS, had asked Mrs. Edwards to inquire.) Emily told Mrs. Edwards that the respondent has touched her breast with his fingers and her hip with his hand, and that she had jumped up and ran out of the classroom. She said nothing about taking her hand. Emily's testimony at hearing as to events on May 11, 1983, is deemed more credible than respondent's and has been accepted as a true account. Conduct of this kind seriously reduces a teacher's effectiveness, according to uncontroverted testimony
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's teacher's certificate for two years. DONE AND ENTERED this 30th day of September 1983, in Tallahassee, Florida. ROBERT T. BENTON II Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of September 1983. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida Arthur G. Haller, Esquire 711 N.W. 23rd Avenue, Suite One Gainesville, Florida 32601 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA RALPH D. TURLINGTON, as Commissioner of Education, Petitioner, vs. DOAH CASE NO. 83-2024 CHARLES L. SMITH, Respondent. / Respondent, CHARLES L. SMITH, holds Florida teaching certificate number 514251. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the certificate. Respondent requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the panel pursuant to Section 120.57(1), Florida Statutes; it is attached to and made a part of this Order. A panel of the Education Practices Commission met on October 28, 1983 in Tallahassee, Florida to take final agency action. The Petitioner was represented by J. David Holder, Esquire. The Respondent was present, and was represented by Arthur G. Haller, Esquire.
Findings Of Fact Respondent Leroy Luther Bass, Jr., applied for a secondary substitute teacher's certificate by application filed August 4, 1965, with the Florida Department of Education. Petitioner's Exhibit No. 1. This application was granted, and teacher's certificate No. 167548 was issued to respondent on August 13, 1965, effective through June 30, 1975. Petitioner's Exhibit No. 1. On June 29, 1967, respondent filed an application for a full-time teacher's certificate as a secondary social studies teacher. Petitioner's Exhibit No. 1. This application was also granted, and another teacher's certificate numbered 167548 was issued to respondent on August 15, 1967, effective through June 30, 1968. On December 15, 1980, the Department of Education received a third application from respondent. Petitioner's Exhibit No. 1. By this application, respondent sought certification as a substitute teacher for grades one through twelve. In response to the 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 checked "No" on the application, which he signed on November 18, 1980, certifying the truth and correctness of all information supplied. Petitioner's Exhibit No. 1. Petitioner granted this application; and teacher's certificate No. 167548 was issued to respondent, with an expiration date of June 30, 1985. Petitioner's late-filed composite exhibit. Respondent Bass was arrested on May 22, 1976, on charges of driving while intoxicated and failure to stay within a single lane. On June 29, 1976, he was convicted, on a plea of nolo contendere, of violating Section 316.028, Florida Statutes (1975), by driving while intoxicated, a misdemeanor. He was fined one hundred fifty dollars ($150) and ordered to attend "DWI School." Case No. 76-22651 (Duval Cty Ct). Petitioner's Exhibit No. 1. Respondent was arrested on February 4, 1977, on charges of driving under the influence and running a red light. On April 8, 1977, he was convicted, on a plea of guilty, of violating Section 316.028, Florida Statutes (1975), by driving under the influence, a misdemeanor. He was sentenced to ten days in jail, and his driver's license was revoked for six months. Case No. 77- 7635MM (Duval Cty Ct). Petitioner's Exhibit No. 1. Respondent was arrested on August 30, 1978, on charges of driving under the influence of alcohol and of "Violation of Right-of-Way." Petitioner's Exhibit No. 1. On January 9, 1979, he was convicted, on a plea of guilty, of violating Section 316.193, Florida Statutes (1977), by driving while intoxicated, a misdemeanor. He was sentenced to six months in jail, but the sentence was suspended, except for ten days, and he was placed on unsupervised probation for six months. Case No. 78-39501 (Duval Cty Ct). Respondent worked on weekends rather than serving this sentence at one stretch in a jail cell. Respondent applied on January 22, 1981, for employment with the Duval County School Board. On an application form he submitted, he indicated he had not been arrested for any offense other than minor traffic violations. About a month later, Paul Roberts, employed by the Duval County School Board as Director of Personnel Systems and Records, was furnished a list of respondent's arrests about a page-and-a-half long. Driving while intoxicated and disorderly conduct were among other charges listed. Petitioner filed its proposed order on August 2, 1982. Where relevant, proposed findings of fact have been adopted, in substance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's teacher's certificate. DONE AND ENTERED this 25th day of August, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II 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 25th day of August, 1982. COPIES FURNISHED: Thomas F. Woods, Esquire Suite 112 1030 East Lafayette Street Tallahassee, Florida 32301 Leroy L. Bass, Jr. 1308 West Seventh Street Jacksonville, Florida 32209 Donald Griesheimer, Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301
The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact Ronald Wesley Landen holds a teacher's certificate, Number 343976. Until his suspension on the strength of allegations like those in the administrative complaint, Mr. Landen taught horticulture at Rosenwald Junior High School, in Panama City, Florida. Suzi, who turned 15 in April of 1983, met Mr. Landen as a pupil in one of his classes. She spoke highly of her teacher all year. Mr. and Mrs. Landen took her to Tallahassee to see a play once. Mrs. Landen had not originally planned to make the trip. THE SUMMER OF '83 Mr. Landen worked at the school last summer administering a grant, with moneys from which he hired students, including Suzi who had graduated from junior high that spring, to assist him in caring for plants. A routine emerged in the summer of 1983: Mr. Landen called for Suzi mornings on his motorcycle. After work, he drove her to the resort on Panama City Beach where Suzi's mother worked, and where he sometimes lingered for long walks on the beach, hand in hand with Suzi. Suzi's mother grew suspicious, but her stepfather wasn't sure. THE BAT IN THE BACK OF THE HEAD Rifling through Suzi's effects one day, her parents came upon a letter respondent had written her. On lined, blue stationery, respondent, who was born May 20, 1944, had written: To Suzi I love you very much-I am lieing (spelling) here writing this by flashlight. I wanted to tell you-you have made me very-very happy this week-I hope I have made you just as happy. Somethings are working against me-such as like-lights, water-etc but all in all it is working out. I am very happy- just watch out for the bat in the back of the head. I love you-I hope you are feeling better. I don't want you sick. I hate weekends. I can't see you-I can't wait to see you in the morning & I hate to take you home in the afternoon. I want to be able to tell the world how I care about you. I wish you would not worry so much-Wes & Robert will learn to except everything in time. So much worring-is not good for you. I love both of my sons-I love you. They will love you in time. Any way they will be- with us very little. I do want us to do things together-I love you. Well I am going to close now Thank for happenist- (spelling) I love you Ronald Wesley. Petitioner's Exhibit No. 2. Printed script at the top of the stationery proclaims: Happiness means sharing bright new days, and happy thoughts with a friend." In the lower left corner a bouquet is depicted. The first time Suzi's stepfather saw Mr. Landen after reading this letter, they had a lengthy discussion. Mr. Landen stated, "Well, things just got carried away too far." (T. 20) Suzi's stepfather told Landen to stay away from her, which Landen agreed to do. At her parents' insistence, Suzi quit her job at school. A LETTER FROM FLORIDA Toward the end of the summer, Suzi and her family moved to Ohio, as they had been planning to do for some time. In Ohio, Suzi received mail from school friends in Florida. Her parents noticed Cheryl Lynn's return address, but never spotted respondent's. Nevertheless an unsigned letter from Landen to Suzi, dated "8/18/83" turned up: Suzi I sure was glad to hear you got to Ohio safe & sound. I prayed for my guardian angle to look out for you. Cheryl Lynn has been up here every day to help me. I am glad. She let me read your letter- hope you did not mine. There is a lot of things I want to say in this but I don't want to get you into trouble. I wrote you a lot of letters in Va. but I can not mail them till I am sure you & you only will get them. I love you & miss you. lots, lots, lots. I will be glad when I get a letter of my own. School will start Monday. 7th graders come tomorrow. They still do not have schedules for them & this is Thursday. I am not ready for school to start. It will be great if you come back in Sept. I hope so. I really don't want to wait till March. In fact I would pay your way here Thanksgiving & Christmas if your Mom would let you come stay with Cheryl Lynn. In fact all you got to do is call. You know what I mean. I can not tell you how much I love you & miss you & want you here with me because I don't really know if you could believe that much. I do hope you write me soon. There are a lot of people pulling for this to work out-we need a chance to work it out. Does your Mom & Dad still hate me? Do you believe it would do any good to talk to them? Suzi I want it to be right. I know it can be right & great. I pray a lot for it to work out. I even pray that your Mom & Dad will understand & let us be together. They must have be young "once" & had a real love-true feeling for each other. I really don't know how much to write. I don't want to get you into trouble. Gosh I wish they understood. Call me- Everybody hear is waiting. They know to get me to the phone as soon as possible. Like I say everybody I know except your Mom & Dad is hoping this work out for us. We are going to have a letter opening party when I get one. Cheryl Lynn-Faye Burles- Melissa Spear's mother. Melissa, Tommy Setliff I mean every body-they all are pulling for us. So write me soon. I love you & miss you----- Petitioner's Exhibit No. 3. This was on white stationery, unlined but bordered in gray and featuring a cat, in the lower right corner, holding a teddy bear and a cluster of balloons. This proved the last straw for Suzi's stepfather, who contacted school authorities. The photograph he found did not help, either. On back of a likeness of himself, respondent had inscribed, "To Suzi With all the love one man can have for someone--3+=18, 42--all dreams are worth waiting for. It is & will be rough & tough. I love you Ronald Wesley." In three years she would have attained the age of consent and he would have been a mere 42 years old. EFFECTIVENESS REDUCED Superintendent Holman suspended respondent Landen with pay until the School Board met, voted a suspension without pay and proposed dismissal. Mr. Holman's testimony that respondent's relationship with Suzi seriously reduced his effectiveness as a school board employee was unrebutted.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's teacher's certificate for three years. DONE and ENTERED this 19th day of September, 1984, in Tallahassee, Florida. ROBERT T. BENTON II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of September, 1984. COPIES FURNISHED: George L. Waas, Esquire 1114 East Park Avenue Tallahassee, Florida 32301 Philip J. Padovano, Esquire 1020 East Lafayette Street Suite 201 Tallahassee, Florida 32301 Ralph D. Turlington Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32301 Donald L. Griesheimer, Executive Director Department of Education Education Practices Commission 125 Knott Building Tallahassee, Florida 32301
The Issue At issue is whether Respondent committed the offense alleged in the Administrative Complaint and, if so, what disciplinary action should be taken.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Division of Real Estate (Department), is a state government licensing and regulatory agency charged with the duty and responsibility to prosecute administrative complaints pursuant to the laws of the State of Florida, in particular Section 20.165, Florida Statutes, Chapters 120, 455, and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent, Mayra Guzman, is now and has been at all times material hereto, a licensed real estate salesperson in the State of Florida, having been issued license number 0582273, in association with Terranova Corporation, a broker corporation, located at 1200 Brickell Avenue, Suite 1500, Miami, Florida. In 1997, the Department provided Respondent with a renewal notice, which reminded her that her salesperson license was due to expire September 30, 1997. The renewal notice carried the following legend: IMPORTANT: BY SUBMITTING THE APPROPRIATE RENEWAL FEES TO THE DEPARTMENT OR THE AGENCY, A LICENSEE ACKNOWLEDGES COMPLIANCE WITH ALL REQUIREMENTS FOR RENEWAL. Respondent submitted the renewal notice, as well as the appropriate renewal fee, and the Department renewed her license. At the time Respondent submitted her application, she knew that successful completion of 14 hours of continuing education was a requirement for renewal of her real estate salesperson license. In or about May 1998, the Department conducted a routine office inspection of Terranova Corporation. At that time, the Department requested proof that Respondent had satisfactorily completed 14 hours of continuing education for the period beginning October 1, 1995, and ending September 30, 1997, that would support the renewal of her license in September 1997. Respondent was unable to produce written proof (a report of completion) that she had successfully completed the continuing education requirement prior to renewal; however, she did produce a report from Gold Coast School of Real Estate which noted she started the 14-hour continuing education (correspondence) course on January 1, 1998, and successfully completed the course on January 28, 1998. At the time, Respondent explained her failure to have proof of course completion prior to renewing her license, as follows: . . . In August of 1997, in order to renew my Florida Real Estate License, I requested the 14-hour course and test from Gold Coast School of Real Estate. I filled out all of the paperwork and returned it to Gold Coast as required. In September 1997 I sent in the renewal fee to the State. After a while I realized I hadn't received any confirmation from Gold Coast, so I called them. They stated they couldn't locate my paperwork and I therefore needed to pay for another book and test. I did so and in January 1998 I received confirmation that I had passed. . . . Notwithstanding, on August 18, 1998, the Department filed the Administrative Complaint which is the subject matter of this case and charged that Respondent violated Subsection 475.25(1)(m), Florida Statutes, by having "obtained a license by means of fraud, misrepresentation or concealment," and Subsection 475.25(1)(e), Florida Statutes, by having failed to satisfy the continuing education requirements prescribed by Rule 61J2-3.009, Florida Administrative Code. According to the complaint, the disciplinary action sought for each count or separate offense . . . may range from a reprimand; an administrative fine not to exceed $5,000.00 per violation; probation; suspension of license, registration or permit for a period not to exceed ten (10) years; revocation of the license, registration or permit; and any one or all of the above penalties as provided for by § 455.227 and § 475.25(1), Fla. Stat. and Fla. Admin. Code R. 61J2-24.001. 1 At hearing, Respondent reiterated her prior explanation that she had offered for not having written proof of having successfully completed the continuing education course prior to renewal and that, consequently, she had retaken the course in January 1998. Additionally, Respondent offered proof of payment for the course on August 6, 1997 (Respondent's Exhibit 1), and the following explanation of course completion, prior to license renewal, which led her to believe her completion of the course was successful and would lead, in due course, to written acknowledgment of successful completion by the school: Q. Prior to submitting your signed renewal notice, in order to comply with the continuing education requirement, did you obtain the correspondence course for the 14 hours from Gold Coast? A. Yes. Q. Did the correspondence cost include a course book and a test booklet? A. Yes, it did. Q. At the end of each chapter in the course book, was there a progressive quiz? A. There was a quiz, yes. Q. Were the answers for the quiz provided at the end of the course book? A. Yes. Q. Did you take the progressive quiz after concluding each chapter? A. Yes, I did. Q. For the total book, about how many incorrect answers did you have? A. I don't remember, but there wasn't many. It was fairly easy. Q. Was the test for continuing education course an open book test? A. Yes, it was. Q. After completing the test, did you forward the test booklet to Gold Coast for grading? A. Yes, I did. Q. Based upon your performance on the progressive quiz after each chapter, do you have any reason to believe that you had not passed the test? A. Absolutely not. I had no doubt that I passed the course. Q. Did you think that you had successfully completed the course? A. Yes. Q. Did you then submit the license renewal notice to the Division of Real Estate? A. Yes, I did. Q. After you received your license, did you realize that you had not received a course report certificate from Gold Coast? A. Immediately I didn't think about it. After awhile, I though, "Shouldn't I have gotten something back from the school telling me this?" But at the time, I thought that the school also sent it directly to the State, notifying them that I had passed the school. But I always like to keep proof of things, so I called the school and I asked them to see if they could send me the completion and they -- that's when I learned that I -- they didn't have anything. So I did it again. Here, Respondent's explanation was plausible, and her demeanor not wanting of candor or sincerity. Consequently, Respondent's testimony is credited, and it is resolved that, at the time she submitted her renewal application, Respondent did not intend to mislead or deceive the Department, nor did she act with reckless disregard for the truth.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Count I of the Administrative Complaint be dismissed. Respondent be found guilty of violating the provisions of Subsection 475.25(1)(e), Florida Statutes, as alleged in Count II of the Administrative complaint, and that for such violation Respondent receive, as a penalty, a reprimand. DONE AND ENTERED this 12th day of February, 1999, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 12th day of February, 1999.
Findings Of Fact Respondent Robert C. Beers holds teacher's certificate No. 448007. Petitioner's Exhibit No. 1. He is qualified to teach in elementary education and specific learning disabilities programs. The teacher's certificate expires on June 30, 1982. Since 1979, respondent has taught specifically learning disabled students at John Gorrie Junior High School in Jacksonville. By all accounts, he is an enthusiastic and highly effective teacher. On or about November 12, 1979, respondent went to a K-Mart store with a pair of boots. His fiancee (on whose account he had moved to Jacksonville) had given him the boots, before their affiance ended. Perhaps brooding over this turn of events, respondent entered the store, put his still-new boots down on a counter, and picked up a pair of track shoes. He told a clerk that the boots had been purchased at K-Mart, when, in fact, they had not been. He was arrested on the spot. An information charging respondent with petit theft of the track shoes, in violation of Section 812.014, Florida Statutes (1979), was filed on November 21, 1979. Petitioner's Exhibit No. 2 (Case No. 78-48015MM). On a plea of nolo contendere to this second-degree misdemeanor, respondent was adjudicated guilty and a $50 fine was imposed on December 18, 1979. Petitioner's Exhibit No. 2. After his arrest on charges of stealing the track shoes, two outstanding capiases were discovered. In each instance, the underlying charge against respondent was that he had obtained property with worthless checks. In both cases, respondent has made restitution and in both cases, the checks were for "small amounts." An information charging him criminally in connection with one of the checks was filed on August 28, 1979. Petitioner's Exhibit No. 3 (Case No. 79-35645MM). On a plea of nolo contendere, respondent was adjudicated guilty of violating Section 832.05, Florida Statutes (1979), a second-degree misdemeanor, and fined $25, on December 18, 1979. Petitioner's Exhibit No. 3. There was no indication in the evidence that any student had knowledge of respondent's legal difficulties, or that the partial disclosures made by respondent himself to fellow teachers had in any way diminished his effectiveness as a teacher. Since his misdemeanor convictions, he has served as sponsor for the school annual, in the course of which he was responsible for several thousand dollars. In preparing the foregoing findings of fact, the hearing officer has had the benefit of petitioner's proposed recommended order, and the proposed findings of fact have been adopted in substance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner suspend respondent's license for thirty (30) days. DONE AND ENTERED this 14th day of July, 1982, in Tallahassee, Florida. ROBERT T. BENTON II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of July, 1982. COPIES FURNISHED: L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Harris Brown, Esquire 1500 American Heritage Life Building Jacksonville, Florida 32202 Donald L. Griesheimer, Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 =================================================================
