The Issue Whether Petitioner demonstrated entitlement to issuance of a Florida Educator’s Certificate.
Findings Of Fact Respondent, as Commissioner of the Florida Department of Education, is charged with the duty to issue Florida Educator's Certificates to persons seeking authorization to become school teachers in the State of Florida. Petitioner is a current resident of Puerto Rico. Petitioner was convicted of federal conspiracy to commit money laundering on October 26, 1999, and sentenced to a term of imprisonment of 46 months, with credit for time served. Petitioner was released from prison in April 2001. He began teaching physical education in Puerto Rico, starting in August 2001. He has taught continuously in Puerto Rico for the past 17 years without incident. Stipulated Facts Petitioner was charged with multiple criminal offenses in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case No. 98-189(HL). Petitioner pled guilty to one count of conspiracy to commit money laundering in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case No. 98-189(HL). Petitioner was found guilty of one count of conspiracy to commit money laundering in the case of United States v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case 98-189(HL). Petitioner was sentenced to serve 46 months in prison based upon his plea agreement entered in the case of United States of America v. Luis Amarante, a/k/a Chiqui, a/k/a El Grandote, et al., Criminal Case 98-189(HL). Petitioner submitted an application for a Florida Educator’s Certificate on July 13, 2016. On the application, Petitioner answered “no” to the questions: “Have you ever been convicted of a criminal offense?” “Have you ever been found guilty of a criminal offense?” “Have you ever pled guilty to a criminal offense?” The answer of “no” to each of these questions was false. Petitioner submitted written responses to Respondent’s Request for Admissions on November 6, 2018, in which he affirmed in writing his statements set forth above. Facts Adduced at Hearing Immediately below Petitioner’s electronic signature on his application was the following: WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN OR RENEW A FLORIDA EDUCATOR’S CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS SUBJECT TO CRIMINAL PROSECUTION, AS WELL AS DISCIPLINARY ACTION BY THE EDUCATION PRACTICES COMMISSION. Petitioner was not able to convincingly explain why he would have checked “no” for three separate questions regarding his criminal conviction on the electronic application. His testimony ranged from an unsuccessful attempt to change his answer to the question before he submitted it via his telephone, to a misunderstanding as to the period of time for which information was being requested. There was no evidence that Petitioner contacted the Department of Education to correct, amend, or withdraw his application. Petitioner gave no indication of an inability to perform the duties of a physical education teacher. The crime for which he was convicted was non-violent in nature, and occurred more than 20 years ago. He testified that he “talk[s] with young people and I explain what I did, you know, trying to -- they don’t do the same, you know, that they continue in the right path.” Petitioner appeared to be sincere in his desire to teach with the benefit of his experience. Despite the foregoing, it is Petitioner’s burden to demonstrate his entitlement to an Educator’s Certificate. Petitioner testified as to his 17 years of teaching in Puerto Rico -- which testimony is entitled to some degree of weight, as the passage of time can be persuasive evidence of rehabilitation and good character. The application includes the jurisdiction, certificate numbers, and dates of expiration for his Puerto Rico Teacher’s Certificate. The evidence that Petitioner has been certified to teach and has been employed as a physical education teacher in Puerto Rico was not disputed by Respondent. The testimony offered by Petitioner at the formal hearing failed to provide any explanation or contrition for his criminal conduct. He offered no specific proof of his good moral character in the form of admissible references from employers or coworkers to substantiate his testimony.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Education enter a final order denying Petitioner, Luis Amarante’s application for a Florida Educator’s Certificate. DONE AND ENTERED this 14th day of January, 2019, in Tallahassee, Leon County, Florida. S GARY EARLY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 2019.
Findings Of Fact Based on the Respondent's admissions in the Election of Rights form and on the exhibits and testimony received at the hearing, I make the following findings of fact: The Respondent holds Florida Teacher's Certificate No. 554716 covering the subject of Spanish, issued September 29, 1986, and valid through June 30, 1991. At all times material hereto, the Respondent taught in the Hillsborough County, Florida, school district at Middleton Junior High School. On or about March 23, 1981, the Respondent was arrested by the Lumberton, North Carolina, Police Department and charged with forgery. On or about June 6, 1984, the Respondent submitted an Application for a Teaching Position to the Hillsborough County (Florida) Public Schools in which she certified that she had never been arrested for a criminal offense. On or about June 28, 1984, June 27, 1985, and July 23, 1985, the Respondent submitted applications for teacher's certificates to the Department of Education of the State of Florida in which she certified that she neither had been convicted, nor had adjudication withheld, of a criminal offense. On or about December 10, 1986, the Respondent was arrested by the Tampa (Florida) Police Department and charged with grand theft and uttering a forged instrument. On or about May 28, 1987, the Respondent entered a plea of guilty before the Circuit Court of Hillsborough County, Florida, to one count of grand theft in violation of Section 812.014(2)(b), Florida Statutes, and 18 counts of uttering a forged instrument in violation of Section 831.02, Florida Statutes. Said court thereupon adjudicated the Respondent guilty of said felonies and sentenced her to six months community control and four and one-half years probation. On or about February 23, 1988, the Respondent was arrested by the University of South Florida Police Department, Tampa, Florida, and charged with four counts of uttering a forged instrument. In or about May, 1988, the Respondent was adjudicated guilty by the Circuit Court of having violated the terms of her probation in violation of Section 948.06, Florida Statutes, and she was sentenced to three years in prison.
Recommendation Based on all the foregoing, it is RECOMMENDED that the Education Practices Commission issue a Final Order finding the Respondent guilty of the violations described in the foregoing conclusions of law and permanently revoking the Respondent's Florida teaching certificate. DONE and ENTERED this 22nd day of March, 1989, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2993 The following are my specific rulings on all of the proposed findings submitted by all parties: Findings proposed by Petitioner Paragraphs 1 and 2: Accepted Paragraphs 3, 4, and 5: Rejected as not supported by clear and convincing evidence. (The evidence in support of these proposed findings does not even reach the level of competent substantial evidence.) Paragraphs 6, 7, and 8: Accepted. Paragraph 9: Rejected as not supported by clear and convincing evidence, and as contrary to the greater weight of the evidence. Paragraph 10: Rejected as irrelevant in view of the lack of proof regarding paragraph 9. Paragraphs 11 and 12: Accepted in substance, with some incorrect details modified. Paragraphs 13 and 14: Accepted. Paragraph 15: Accepted in substance with some unnecessary details omitted. Findings proposed by Respondent (None.) COPIES FURNISHED: Rosemary E. Armstrong and Catherine Peek McEwen 401 South Florida Avenue Post Office Box 3273 Tampa, Florida 33601-3273 Iris Locklear Zapata Florida Correctional Institution Post Office Box 147 Lowell, Florida 32663 Karen B. Wilde, Executive Director Education Practices Commission 418 Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Commission 319 West Madison Street, Room 3 Tallahassee, Florida 32399