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 He was sentenced to ten days in jail, and his driver's license was revoked for six months.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
