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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LILLIAN GOMEZ, 14-002071PL (2014)
Division of Administrative Hearings, Florida Filed:Kissimmee, Florida May 07, 2014 Number: 14-002071PL Latest Update: Dec. 23, 2024
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FRANK T. BROGAN, AS COMMISSIONER OF EDUCATION vs DAVID W. MERRITT, 98-002908 (1998)
Division of Administrative Hearings, Florida Filed:Bushnell, Florida Jun. 30, 1998 Number: 98-002908 Latest Update: Jun. 30, 2004

The Issue Whether the Education Practices Commission (EPC) should suspend, revoke, or otherwise discipline the Respondent's Florida teaching certificate for the violations alleged in the Administrative Complaint filed by the Petitioner herein.

Findings Of Fact The Respondent holds Florida teaching certificate 456761, covering the area of Elementary Education, which is valid through June 30, 1999. During the 1995-1996 school year, the Respondent was employed by the Sumter County School District as a reading teacher at Webster Elementary School. During the 1995-1996 school year, Shaun Boone was enrolled at Webster Elementary School as a fifth grade student. Shawn Boone was born on February 22, 1985, and was eleven years of age at the time of the incident. During the 1995-196 school year, Respondent taught reading to Shaun Boone in a "pullout program" in which students were assigned to go the Respondent's classroom each school day for fifty minutes. During the 1995-1996 school year, the Respondent shared a classroom with Patsy Rogers, another reading teacher. The room was divided in half by a row of bookshelves and file cabinets extending from one wall approximately three-quarters of the length of the room. Each teacher was assigned his and her own class of students. During Shaun's reading class on May 22, 1996, both the Respondent's and Ms. Rogers' students were gathered on the Respondent's side of the classroom to watch a videotape. During this class period Shaun was working on a reading exercise in Ms. Roger's side of the room. Shaun asked the Respondent for help with his reading exercise. The Respondent and Shaun sat down side by side at a table in Ms. Roger's area with the reading exercise papers on the table in front of them. The Respondent sat to the right of Shaun. Their backs were to the bookshelves and cabinets which divided the room. While seated in this position, the Respondent placed his left hand on top of Shaun's right leg and began to rub his leg. He then moved his hand up to Shaun's groin area and rubbed the student's genitals through his clothing. This touching occurred beneath the table in front of them. The Respondent's touching of his leg and genitals frightened Shaun. He immediately stood up and started to move away. As he stood up, the Respondent grabbed and squeezed his buttocks. Shaun slapped the Respondent's hand away from his buttocks and moved away from him. After school, Shaun went to Wednesday night church services; however, he told his parents what the Respondent had done to him at school that day when they got home from church. Shaun's father became very upset and, together with his wife, took Shaun to school the next morning. He met the school's principal, Ms. Carolyn Stephens, on the steps of the school when she arrived at 7:30 a.m. the next day, May 23, 1996. After speaking to the parents and interviewing the student. Ms. Stephens called the Superintendent of Schools to report the incident. Ms. Stephens was instructed to report the matter to the School Resource Officer and did so. Later on that same day, May 23, 1996, FDLE Special Agent (S/A) Alfred Danna arrived at Webster Elementary School to conduct an investigation at the request of the Sumter County Sheriff's office. S/A Danna was based in Tampa. Prior to that day, S/A Danna did not know any of the individuals involved in this matter. S/A Danna interviewed Shaun in the Principal's office. Shaun related the same information to S/A Danna that he had shared with his parents the previous day and with Ms. Stephens earlier on May 23. After interviewing Shaun, S/A Danna interviewed the Respondent in Ms. Stephens' office. S/A Danna explained to the Respondent that he did not have to talk with him. After initially denying any knowledge of the incident, the Respondent admitted to S/A Danna that he had accidentally touched Shaun's leg while getting out of his chair. After S/A agent Danna's confrontational questioning, the Respondent admitted that he had rubbed Shaun's leg and groin and touched his buttocks, but explained that he was an affectionate person and that the touchings were not intended to be sexual in nature, only affectionate. Based upon S/A Danna's investigation, the Respondent was arrested and charged by the State Attorney for the Fifth Judicial Circuit with two counts of lewd and lascivious act upon a child under sixteen years of age. The charging information was filed on June 3, 1996. On February 6, 1997, the Respondent entered a plea of nolo contendere to one count of Battery. The Respondent was adjudicated by the Court to be guilty of Battery and was sentenced to probation for one year, and ordered to pay a $1,000 fine within nine months. The Respondent was specifically ordered to have no contact with children under 18 without adult supervision and to not teach anyone under the age of 18 while on probation. Based upon the report of the incident described above, the Respondent was suspended without pay by the Sumter County School Board and remained under suspension at the time of the formal hearing on September 9, 1998.

Recommendation Based upon the findings of fact and conclusions of law, and considering the disciplinary guidelines, it is RECOMMENDED: That the Education Practices Commission enter a final order revoking the Respondent's certificate. DONE AND ENTERED this 2nd day of December, 1998, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of December, 1998. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 489 DeFuniak Springs, Florida 32435 Mark Herdman, Esquire Herdman and Sabellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34584 Kathleen M. Richards, Executive Director Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Program Director Professional Practices Services Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400

Florida Laws (1) 120.57 Florida Administrative Code (2) 6B-1.0066B-11.007
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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs ELIZABETH H. WEISMAN, 02-003134PL (2002)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Aug. 09, 2002 Number: 02-003134PL Latest Update: Mar. 19, 2003

The Issue Whether disciplinary action should be taken against Respondent's educators certificate.

Findings Of Fact In the 2000-2001 school year, Respondent, Elizabeth Weisman, held a Florida Teaching Certificate No. 475382. The certificate covered the areas of elementary education and mathematics and was valid through June 30, 2005. When the events herein occurred, Respondent was employed as a dropout prevention teacher at Second Chance School in Tallahassee, Florida. The school is part of the Leon County School District. There is no evidence that Respondent has been disciplined by Petitioner on any prior occasion since she began teaching in Leon County in October 1980. Second Chance School is a school for children with disciplinary problems and who have a history of being extremely disruptive and cannot be handled in a regular school setting. Ms. Weisman was in a difficult position when she started teaching at Second Chance School. She was assigned to teach outside her field and was replacing a teacher who was not as strict a disciplinarian or as demanding of performance as Ms. Weisman. In general, her students did not react well to the increase in discipline and expectations of performance and likely caused increased referrals to the principal's office. Both Ms. Weisman and the students had to adjust to each other On April 6, 2001, J.M. entered Respondent's classroom. Respondent asked him to leave her classroom. He was not supposed to be in the classroom because he had been referred to the principal's office the day before for discipline. J.M. attempted to comply with Respondent's request, but a number of students entering the room blocked him from leaving. Respondent made a shooing motion with her hands to J.M. and raised her foot to indicate for J.M. to leave the room. The gestures were done in a playful manner and were intended as such. While Ms. Weisman's foot was raised, she accidentally brushed or pushed J.M.'s buttocks with her foot. J.M. could feel the push. However, it did not cause him to lose his balance or cause any harm to him whatsoever. The evidence did not demonstrate that J.M. was unduly embarrassed or otherwise affected academically by the incident. Indeed, the incident gave J.M. a good story to tell to others at school. The evidence did not demonstrate that the push was inappropriate or violated any state rules or statutes governing teachers. There was no evidence that Ms. Weisman was less effective as a teacher due to this incident. W.F. testified that on two occasions he witnessed Respondent state to the class that they were "acting like jackasses." J.F.'s testimony was vague and inconsistent. Specifically, W.F. testified that on the first occasion, Respondent stated to the class that they were "acting like jackasses" after class members refused to return to their seats during an altercation between two students occurring outside the classroom. The classroom students were generally cheering the fight on. With respect to the second instance, W.F. testified that Respondent made the statement after W.F. and several of his classmates tricked Respondent into placing her hand on a pencil sharpener covered with glue. W.F. conceded the description was an accurate description of the behavior of the students at the time. At no time did Respondent call an individual student an improper name. Although W.F. testified he was embarrassed by Ms. Weisman, W.F.'s testimony is not persuasive on this point. Nor is it realistic to conclude any significant embarrassment given the bold nature of W.F.'s behavior which preceded these comments. W.F. also testified on direct examination that he witnessed Respondent call the class "a bunch of rat bastards." Again W.F.'s testimony was vague and inconsistent. During cross-examination, however, W.F. testified that the remark was made to a specific female student during a verbal altercation between the student and Respondent. However, Respondent denies ever using or knowing the term "rat bastard." Given Respondent's demeanor, the inconsistency, and the unreliability of the other evidence, Respondent's testimony is the more credible. There was no credible evidence that any student was ever affected in any way by these incidences. No evidence of any change in grades or reduced test scores was introduced at the hearing. An increase in disciplinary referrals was noted by the principal, but that increase was not shown to be tied to these incidences. The increase, if any, was more likely to be due to the fact that she was a new teacher, teaching out of field, who was more strict with her students and demanded more from them. Moreover, statistics supporting this perceived increase in disciplinary referrals was not offered at the hearing. Indeed, later testing showed Ms. Weisman's students improved their test scores. However, the testing was for a different year and class. It was not clear that the same students were being tested. The improvement does show that Ms. Weisman is an effective teacher.

Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 23d day of December, 2002, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 23d day of December, 2002. COPIES FURNISHED: Matthew K. Foster, Esquire Edward T. Bauer, Esquire Brooks, Leboef, Bennett & Foster, P.A. 863 East Park Avenue Tallahassee, Florida 32301 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 John O. Williams, Esquire Williams & Holz, P.A. 211 East Virginia Street The Cambridge Centre Tallahassee, Florida 32301 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224E Tallahassee, Florida 32399-0400

Florida Laws (1) 120.57
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DUVAL COUNTY SCHOOL BOARD vs JOHN G. STANLEY, JR., 89-006704 (1989)
Division of Administrative Hearings, Florida Filed:Jacksonville, Florida Dec. 04, 1989 Number: 89-006704 Latest Update: Jul. 12, 1990

Findings Of Fact Upon consideration of the evidence adduced at the hearing, the following relevant facts are found: At all times material to this proceeding, Respondent held Florida Teaching Certificate No. 139016 covering the area of history and qualifying him to teach grades 7 through 12. From on or about January 27, 1988, until August 29, 1989 the Respondent was employed by the Board as a teacher at Sandalwood Junior/Senior High School, teaching 8th grade gifted students ranging in age from 13 to 14 years and 11th and 12th grade advanced placement history students ranging in age from 16 to 18 years. Respondent is presently employed by the Board, assigned to the Media Center in Jacksonville, Florida where he was assigned on August 29, 1989. Prior to his present employment with the Board, the Respondent had been employed by the Florida Community College of Jacksonville (FCCJ) for 21-1/2 years as a teacher/administrator. Before assuming his teaching duties at Sandalwood, Respondent had read the Code of Ethics of the Education Profession and understood and accepted the obligations and responsibilities placed on him by the code. On June 21, 1989, S.L.W. ran away from her home in North Carolina and while standing outside of a local fast food restaurant, a short distance from her home, an individual called Adrian Freeman offered her a ride. S.L.W. was not acquainted with Freeman before he offered her a ride. Freeman learned from S.L.W. that she had run away from home and offered to help her and not tell anyone. S.L.W. spent the night at Freeman's house and while there she became intoxicated and "passed out." While S.L.W. was passed out, Freeman sexually assaulted her. The next day, June 23, 1989, S.L.W. decided to leave Freeman's house and he drove her to the bus station. At first, S.L.W. was going to Myrtle Beach but because the bus for Jacksonville, Florida left earlier she decided to go to Jacksonville. Before S.L.W. left for Jacksonville, Freeman made arrangements with the Respondent for him to meet S.L.W. in Jacksonville and find her a place to stay. Upon arriving in Jacksonville, S.L.W. was met at the bus station by Respondent. The Respondent told S.L.W. that he was a high school teacher. S.L.W. told Respondent that she was in the tenth grade and a runaway. Respondent then told S.L.W. that she would be staying at the home of Lee Daniels. Respondent then bought S.L.W. some food. When S.L.W. finished eating he carried her to the home of Lee Daniels but they were told to come back later. Respondent and S.L.W. later returned to the home of Daniels around 10:00 a.m. Respondent showed S.L.W. to her room and told her to take a shower. After taking she shower she put on her clothes and got under the cover. At this point, Respondent returned to the room with an alcoholic beverage for S.L.W. Respondent then told S.L.W. to remove her clothes item by item and once she was undressed began to massage her body. Later Respondent attempted sexual intercourse with S.L.W. and, although Respondent did not have an ejaculation he did penetrate S.L.W.'s vagina with his penis. Respondent then left Daniels' home and was seen by S.L.W. on only two other occasions. There was no physical contact between them on these occasions. S.L.W. remained at Daniels' home for approximately three weeks. Eventually, S.L.W. was picked up by a State Trooper at a bar and through the Jacksonville Sheriff's Department was returned to her mother. S.L.W. identified Respondent for the sheriff's department as the person who sexually assaulted her by pointing him out in a high school year book. Based on this identification, Respondent was arrested and charged with lewd and lascivious assault upon a minor. Respondent's conduct involving S.L.W. was immoral, reflects on his character, not only as an individual but more specifically as a teacher, and is in violation of the Duval County Teacher's Tenure Act and the Code of Ethics of the teaching profession. Although the publicity of Respondent's involvement with S.L.W. created by several newspaper articles and television stories and by word of mouth of the students, teacher and parents of Sandalwood seriously impaired his effectiveness as a teacher at Sandalwood, there was insufficient evidence to show that Respondent's effectiveness as a teacher had been seriously impaired in the Duval County School System as a whole.

Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, RECOMMENDED that the Board enter a Final Order finding Respondent guilty of having violated Section 4(a) of the Duval County Teacher Tenure Act and terminating his employment with the Board. DONE AND ENTERED this 12th day of July, 1990, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1990. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-6704 Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner 1-4. Adopted in Findings of fact 1, 3, 2 and 4, respectively. 5-7. Rejected as not being material or relevant to this case or not being supported by any substantial competent evidence in the record. 8. Adopted in Finding of Fact 5. 9-10. Adopted in Finding of Fact 2. 12-55. Adopted generally in Findings of Fact 6 through 19, otherwise rejected as not being material or relevant, or being redundant or subordinate, or not supported by any substantial competent evidence in the record. Specific Rulings on Proposed Findings of Fact Submitted by the Respondent 1.-2. Adopted in Finding of Facts 2 and 3. 3.-4. Adopted generally in Finding of Fact 17, otherwise rejected as not being material or relevant. Rejected as not being material or relevant. Covered in Preliminary Statement. 7.-10. Adopted generally in Findings of Fact 6-17, otherwise rejected as not being material or relevant, or redundant or subordinate, or not supported by any substantial competent evidence in the record. 11.-15. Adopted in Findings of Fact 19, otherwise rejected or not being material or relevant, or being redundant or subordinate, or not being supported by any substantial competent evidence in the record. 16. Rejected as not being supported by any substantial competent evidence in the record. See Findings of Fact 10 through 18. COPIES FURNISHED: Dr. Larry Zenke, Superintendent Duval County School Board 1701 Prudential Drive Jacksonville, Florida 32207 Gail A. Stafford, Esquire 421 West Church Street, Suite 715 Jacksonville, Florida 32202 David A. Hertz, Esquire 1601 Atlantic Boulevard Jacksonville, Florida 32207 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 =================================================================

Florida Laws (1) 120.57 Florida Administrative Code (1) 6B-4.009
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BETTY CASTOR, AS COMMISSIONER OF EDUCATION vs FREDERICK DINGLE CHARLES, A/K/A FREDERICK CHARLES, 90-008036 (1990)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Dec. 19, 1990 Number: 90-008036 Latest Update: Jun. 13, 1991

The Issue At issue in this proceeding is whether respondent was convicted of conspiracy to possess with intent to distribute at least five kilograms of cocaine and, if so, what disciplinary action, if any, should be taken against his Florida teaching certificate.

Findings Of Fact Respondent, Frederick Dingle Charles, holds teacher's certificate number 264894, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1992. During the 1989-90 school year, respondent was employed by the Dade County School Board as a teacher at Homestead Middle School. On or about September 20, 1989, respondent was arrested and charged with conspiracy to possess with intent to distribute at least five kilograms of cocaine in the United States District Court, Southern District of Florida, Case Number 89-627-CR-Aronovitz. On October 15, 1990, he was found guilty of such charge and committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 121 months.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the teaching certificate of respondent, Frederick Dingle Charles, be permanently revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of June 1991. 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 13th day of June 1991. Copies furnished: Robert J. Boyd, Esquire 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Frederick D. Charles # 41454-004 Metropolitan Correctional Center 15801 S.W. 137th Avenue Miami, Florida 33177 The Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Sydney H. McKenzie General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400

Florida Laws (1) 120.57
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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JENNIFER WAINWRIGHT, 18-001598PL (2018)
Division of Administrative Hearings, Florida Filed:Gainesville, Florida Mar. 26, 2018 Number: 18-001598PL Latest Update: Dec. 23, 2024
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BETTY CASTOR, AS COMMISSIONER OF EDUCATION vs KENNETH K. LONG, 91-007879 (1991)
Division of Administrative Hearings, Florida Filed:Bradenton, Florida Dec. 09, 1991 Number: 91-007879 Latest Update: Nov. 06, 1992

The Issue Whether Respondent's teaching certificate should be revoked, suspended or otherwise disciplined for the violation alleged in the Administrative Complaint filed by the Petitioner.

Findings Of Fact At all times material to this proceeding, the Respondent held a Florida teaching certificate, number 652475, covering the area of substitute teaching, which is valid through June 30, 1993. At all times material to this proceeding, the Respondent was an authorized substitute teacher for the Pinellas and Manatee County School Districts. During the spring of 1990 Respondent was employed as a substitute teacher with the Manatee County School District and assigned as a teacher at Southeast High School. Respondent was an authorized substitute teacher for the Pinellas County School District, but after certain allegations arose concerning improper conduct by Respondent toward a student Respondent was not called to substitute. On May 3, 1989, the Respondent was arrested in Pinellas County and charged with soliciting a 14 year old child for sexual activity while in the position of custodial authority to the child. The child was a student in Respondent's class at Baypoint Middle School where Respondent was employed as a teacher by the Pinellas County School District. On May 3, 1989, Respondent was also arrested and charged with unlawfully obtaining a Florida Driver's license. In July 1989, the state attorney filed a two-count Information charging Respondent with procuring a person less than sixteen years for prostitution, and for soliciting for prostitution. Also, in July 1989, the state attorney filed an Information charging Respondent with knowingly making false statements, knowingly concealing a material fact, or otherwise committing fraud in an application for a Florida driver's license. On April 8, 1990, the Respondent was arrested in Pinellas County and charged with driving with a suspended driver's license. On April 27, 1990, the Respondent entered a plea of guilty to the charge of driving with a suspended license and was found guilty. The court withheld adjudication of guilt, and Respondent was ordered to pay $30.00 in costs. On May 4, 1990, Respondent was arrested and charged with petit theft. On June 21, 1990, the state attorney filed an Information charging Respondent with knowingly and unlawfully obtaining or using or endeavoring to obtain to use the property of another, to wit: petit theft, a second degree misdemeanor. On June 30, 1990, the Respondent entered a plea of guilty to the charge of petit theft. The court adjudged the Respondent's guilty and ordered him to pay a fine of $150.00 plus costs. On May 14, 1991, the Respondent entered a plea of nolo contendere to the charges of procuring a person less than sixteen years for prostitution, soliciting for prostitution, and making a false application for driver's license. The Respondent was represented by the Public Defender's office. The court withheld adjudication of guilt and imposition of sentence. The Respondent was placed on three years probation which included one year in the Community Control Program. The Respondent did not attempt to refute the above charges at the hearing. The Manatee County School Board became aware of Respondent's arrest in Pinellas County for solicitation of a minor and of certain alleged misconduct toward students at Southeast High School in Manatee County by the Respondent at the end of the 1989-90 school year. However, the Petitioner did not present any competent, substantial evidence of this alleged misconduct. The only evidence presented by the Petitioner was hearsay. There was insufficient evidence to show that Respondent's effectiveness as an employee of the School Board of Manatee County had been seriously reduced as a result of his personal conduct, notwithstanding that the Manatee County School Board would not rehire Respondent as a result of his personal conduct coming to their attention or the fact that his arrest and criminal history was reported in the Bradenton Herald, a daily newspaper circulated generally in Manatee County and the City of Bradenton. On September 4, 1990, in an attempt to secure employment with the District of Columbia Public Schools, Respondent signed a Disclosure Statement under penalty of perjury which included the following statement: I declare or affirm under penalty of perjury that I have not been convicted of, and or/am not the subject of pending charges for, the commission or attempt to commit any of the following offense(s), except as described below: murder; child abuse; rape; a sexual offense involving a minor or non-consenting adult; child pornography; kidnapping or abduction of a child; assault where the victim was a child under the age of sixteen years; illegal use, sale or distribution of controlled substances; illegal possession or use of weapons; or a crime of moral turpitude (i.e., one characterized by behavior or acts that violate moral sentiments accepted moral standards of the community and are of a morally culpable quality). I further certify that I am the applicant whose signature is affixed below. Although the Disclosure Statement provides a place for the description of convictions or pending charges, the Respondent did not list the conviction for petit theft or the pending charges of procuring a person less than sixteen years for prostitution, solicitation for prostitution and making false application for a driver's license that were pending in Pinellas County or the charges pending at the time in Manatee County for solicitation of a child for sexual acts by a person in custodial authority and solicitation of sex.

Recommendation Having considered the foregoing Findings of Facts and Conclusions of Law, it is, accordingly, RECOMMENDED: That a Final Order be entered finding Respondent, Kenneth K. Long guilty of violating Section 231.28(1)(c)(e) and (h), Florida Statutes and Rule 6B- 1.006(5)(a)(g) and (h), Florida Administrative Code, and for such violation permanently revoke Respondent's Florida teaching certificate No. 652475. It is further recommended that Counts III, VI, VII and VIII of the Administrative Complaint be dismissed. DONE and ENTERED this 27th day of August, 1992, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1992. APPENDIX TO RECOMMENDED ORDER In Case No. 92-7879 The following constitutes my specific ruling pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the Petitioner in this case. Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner The following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number is parenthesis is the finding(s) of fact which so adopts the proposed finding(s) of fact: 1(1); 2(2); 3(3); 4(4); 5(5); 6(11); 7(7); 8(8); 9(9); 10(10); 11(12); 13(12); 14(13); 16(13); and 17-18(14). Proposed findings of fact 12 and 15 are rejected as not being supported by competent, substantial evidence in the record. Proposed finding of fact is more of an argument to support proposed finding of fact 18 than a proposed finding of fact. Respondent did not file any proposed findings of fact with the Division of Administrative Hearings. COPIES FURNISHED: Margaret O'Sullivan, Esquire Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400 Kenneth K. Long 5301 85th Avenue #202 New Carrolton, MD 20784 Karen Barr Wilde, Exec. Dir. 301 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400 Sydney H. McKenzie, General Counsel Department of Education The Capitol, PL-08 Tallahassee, FL 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400

Florida Laws (2) 120.57120.68 Florida Administrative Code (1) 6B-1.006
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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ELIZABETH GOEDELMAN, 16-004966PL (2016)
Division of Administrative Hearings, Florida Filed:St. Augustine, Florida Aug. 29, 2016 Number: 16-004966PL Latest Update: Dec. 23, 2024
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JIM HORNE, AS COMMISSIONER OF EDUCATION vs TERRY A. BARTON, 04-003563PL (2004)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Sep. 29, 2004 Number: 04-003563PL Latest Update: Dec. 23, 2024
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