The Issue The issues are whether Petitioner has just cause, within the meaning of Subsection 1012.33(1)(a), Florida Statutes (2007),1 to terminate Respondent’s professional service contract as an instructional employee, and, if so, whether termination of the contract is reasonable under the facts and circumstances of this case.
Findings Of Fact Petitioner employed Respondent as a classroom teacher from some time in 1998 until September 8, 2009, pursuant to a professional service contract. Petitioner relieved Respondent from the duties of her employment without pay on September 8, 2009. On September 21, 2009, Petitioner filed an Administrative Complaint against Respondent. Most of the material facts in the Administrative Complaint are undisputed. On December 12, 1999, Respondent was arrested for cocaine possession, a third-degree felony, and narcotic equipment possession, a first-degree misdemeanor. Respondent successfully completed a pretrial diversion program, and the charges were nolle prossed and expunged. Respondent did not report the criminal matter to Petitioner. The failure to report the criminal matter violated the self-reporting requirements in Management Directive A-10, Guidelines on Self-Reporting of Arrest and Convictions by Employees (the self-reporting requirements). On July 10, 2000, Respondent was arrested for driving under the influence (DUI), which was a first conviction. Respondent pled nolo contendere to a reduced charge of reckless driving and entered and successfully completed a pretrial diversion program. Respondent did not report the DUI matter to Petitioner. The failure to report the DUI matter violated applicable self- reporting requirements. On June 18, 2002, Respondent was arrested on a misdemeanor battery charge. The alleged victim dropped the charge, but Respondent did not report the incident to Petitioner in violation of the applicable self-reporting requirements. On July 6, 2006, Respondent violated Petitioner's Drug Free Workplace Policy by reporting to work at Rolling Hills Elementary School under the influence of alcohol. On July 9, 2006, Respondent entered into an agreement with Petitioner identified in the record as a Last Chance Agreement. The Last Chance Agreement was in effect for the 2006- 2007 and 2007-2008 school years. The Last Chance Agreement provides, in relevant part, that if justifiable grounds of discipline, rising to the level of a written reprimand or dismissal, occur during the school year, Respondent shall forfeit her right to be employed by Petitioner, and the Last Chance Agreement shall constitute a voluntary resignation from employment. The 2007-2008 school year ended on June 6, 2008. On May 30, 2008, Respondent failed to disclose on the renewal application for her Florida Educator's Certificate the expunged criminal record, pretrial diversion program, and plea of nolo contendere previously discussed. Respondent checked "no" to the following question: Have you ever had any record sealed or expunged in which you were convicted, found guilty, had adjudication withheld, entered a pretrial diversion program or pled guilty or nolo contendere (no contest) to a criminal offense other than a minor traffic violation (DUI is not a minor traffic violation)? On March 20, 2009, the Education Practices Commission imposed several penalties against Respondent's teaching certificate for the violations that occurred during the 2007- 2008 school year. The Commission issued a written reprimand, imposed administrative fines in undisclosed amounts, and placed Respondent on two years’ probation. The disputed issue is whether Respondent's failure to disclose her criminal history on the renewal application for her Florida Educator's Certificate was intentional. Respondent claims the failure was not intentional, but was induced by post- traumatic stress syndrome (PTSS) caused by two statutory rapes that occurred when Respondent was 13 and 15 years old. When Respondent was 13 years old, a man who was approximately 33 years old "took her virginity." Respondent had an abortion, experienced a great deal of shame and guilt, and began self-medicating with alcohol and drugs. When Respondent was 15 years old, one of Respondent's high school teachers molested her. Respondent again experienced guilt and shame, did not disclose the incident, and continued using alcohol and drugs. Respondent presented expert testimony concerning the effects of PTSS. The expert testimony concludes that PTSS could have caused Respondent to drink excessively and fail to disclose her criminal history on the renewal application for her Florida Educator's Certificate. However, the expert testimony fell short of concluding that PTSS in fact induced Respondent to fail to disclose the criminal history on her application. Respondent's own testimony is that she had five or six glasses of wine the night she completed the application. Respondent completed the application without giving it much thought. On balance, a preponderance of the evidence does not support a finding that PTSS caused Respondent to fail to disclose her criminal history on the renewal application for her Florida Educator's Certificate. Several mitigating facts support a penalty less than termination of the professional service contract. The non- disclosure of facts was a harmless error to Petitioner. Petitioner had actual prior knowledge of all of the facts that Petitioner complains Respondent omitted from the application. The state licensing authority has knowledge of the non-disclosed facts. Respondent has already been disciplined for non-disclosure to the state licensing authority. When the Last Chance Agreement was entered into in 2006, Respondent was incorrectly diagnosed and treated for bipolar disorder. The treatment for bipolar disorder was ineffective during the term of the Last Chance Agreement. Respondent has been alcohol-free since September 2008, when she placed herself in a residential alcohol treatment program in Clearwater, Florida. Beginning in the early part of 2010, Respondent has been correctly diagnosed and treated for PTSS by Joseph L. Trim, Ed.D, a licensed mental health counselor and addiction specialist. That diagnosis and treatment appears to be effective for Respondent. Based on the testimony of the school principal who testified for Respondent, Respondent is an experienced and competent teacher who has not lost her effectiveness in the classroom. For each school year from 1998-1999 through 2004- 2005, Petitioner evaluated Respondent as effective in the classroom. Respondent has already received a reasonable penalty for violating the Last Chance Agreement, when Respondent was improperly diagnosed and treated for bipolar disorder. Petitioner has suspended Respondent from her employment without pay from September 8, 2009, to the present.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Orange County School Board enter a final order reinstating Respondent's employment with her current principal, requiring Respondent to continue her current therapy with Dr. Trim, requiring Respondent to submit to random drug screening, and extending the term of the Last Chance Agreement for another two years. DONE AND ENTERED this 23rd day of July, 2010, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 23rd day of July, 2010.
The Issue The issue in this case is whether the School Board of Pinellas County (School Board) should accept the Petitioner's recision of her resignation from her position as a high school teacher and reinstate her to her former position on the ground that her resignation was given under legal duress.
Findings Of Fact During the 1992/1993 school year, the Petitioner, Deborah Green, taught high school in the GOALS (drop-out prevention) program at Dixie Hollins High School. In January, 1993, she applied for a year of medical leave of absence due to stress and stress-related symptoms. The School Board approved leave starting January 27, through June 11, 1993. Shortly after going on medical leave, the Petitioner was notified that a student had made serious accusations against her. One of the accusations was that the Petitioner freely told the student details about her romantic relationship with a Michael Miller, who was married and the principal of another Pinellas County high school. She contacted the student to find out what the accusations were and met with her principal and the student and his mother to discuss the accusation. At the meeting, the student recanted. The Petitioner left for Dallas, Texas, shortly after her leave began, but she continued to receive telephone messages locally through her friend and former housemate. Not long after the Petitioner left for Dallas, the student who had accused her, and then recanted, again accused the Respondent, alleging that he had recanted because the Petitioner had asked him to lie for her. When this happened, the principal of Dixie Hollins referred the matter to Stephen Crosby, Director of Personnel Services for the Pinellas County Schools. Crosby called the Petitioner at her local telephone number and left a message. When the Petitioner returned the call from Dallas, Crosby explained that he was investigating serious charges that had been made against her and that, as always in such circumstances, it was important for him to meet with her about them as soon as possible. The Petitioner declined, stating that she was not emotionally, mentally, or physically prepared at the time to handle the situation or the stress of the situation. She insisted that her meeting with Crosby be postponed. As an accommodation to the Petitioner, Crosby agreed to postpone the meeting, and the two agreed to meet on March 1, 1993. On or about February 28, 1993, on a return trip to Pinellas County, the Petitioner visited her school and left a written message for Crosby to tell him that she still was unable to meet with him and would not attend the scheduled March 1, 1993, meeting. Crosby did not get the message until the morning of the scheduled meeting. On receipt of the message, Crosby turned to the School Board's legal office for advice on how to proceed. Based on the advice of counsel, Crosby sent the Petitioner a letter stating that he viewed the delay in the interview until March 1 to be an unusual accommodation, since teacher interviews normally are conducted as soon as he becomes aware of the charges. He wrote that, since the Petitioner would not meet on March 1, as they had agreed, he would have to proceed exclusively on the basis of his interviews of students and others. In accordance with normal procedures, he also advised her that, unless she chose to resign by March 12, 1993, he would be recommending to the School Superintendent that he recommend to the School Board that the Petitioner be dismissed. On March 3, 1993, the Petitioner received Crosby's March 1 letter and wrote back in response to offer her resignation, effective June 11, 1993. In the Petitioner's own written words, she resigned "for my personal sanity and for the credibility of Michael Miller." Crosby processed the Petitioner's resignation to be considered at the March 24, 1993, School Board meeting. It is standard operating procedure to process resignations before their effective dates, if possible, so that replacement personnel can be hired. The School Board accepted the Petitioner's resignation (among others) at its March 24, 1993, meeting. The Petitioner tried unsuccessfully several times after March 24, 1993, to contact Crosby by telephone to rescind her resignation. She was unable to speak to him but was told that the School Board already had accepted her resignation and that it was too late to rescind it. In April, 1993, the Petitioner learned that the Florida Education Practices Commission of the Florida Department of Education also was investigating the allegations against her, notwithstanding her resignation. On or about June 3, 1993, the Petitioner returned to Pinellas County and met with a lawyer about getting her teaching position back and about defending her teacher certificate. On June 8, 1993, the lawyer wrote a letter to the School Board Attorney (which was received on or before June 11, 1993) purporting to rescind the Petitioner's resignation. It was not proven that the Petitioner had no choice but to resign from her position as a teacher between March 1 and March 12, 1993, due to her emotional, mental and physical condition at the time. As a result of her long-standing membership in the local teachers' union, the Pinellas Classroom Teachers Association (PCTA), the Petitioner knew that dues-paying members of the PCTA may be entitled to the services of an attorney, free of charge, in a teacher dismissal proceeding. She claimed that she did not know she still was entitled to free legal counsel after going on medical leave of absence as of January 27, 1993, and ceasing to pay union dues while on leave. However, there was no evidence that she inquired as to the availability of paid counsel until after the effective date of her resignation. Had she done so in a timely fashion, she would have learned before her resignation was accepted that she was entitled to the services of an attorney, free of charge.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the School Board of Pinellas County enter a final order dismissing the Amended Petition for Administrative Hearing. RECOMMENDED this 16th day of May, 1995, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 16th day of May, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-6074 To comply with the requirements of Section 120.59(2), Fla. Stat. (1993), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. 1.-5. Accepted and incorporated to the extent not subordinate or unnecessary. First sentence, accepted and incorporated. Second sentence, rejected as not proven. Third sentence, accepted but subordinate and unnecessary. Rejected as not proven that she spoke to Crosby more than once. Explaining the discrepancies between her testimony and his is problematic. But some of the telephone conversations she supposedly had with Crosby would have been on weekends (e.g., January 16 and 23, 1993), giving rise to a question as to the accuracy of her testimony. In addition, the Petitioner's own evidence suggested that her condition during this time period impaired her thought process and memory. Perhaps the Petitioner is counting unsuccessful attempts to contact Crosby as actual conversations with him. Rejected as not proven that the Petitioner acted on the advice of her physician in cancelling the March 1, 1993, meeting with Crosby. Otherwise, accepted and incorporated. Accepted and incorporated. First sentence, rejected as not proven. Second sentence, rejected as not proven that she resigned "under protest because of her inability to participate in the investigation due to her medical condition"; otherwise, accepted and incorporated. First sentence, rejected as not proven. See 7., above. (Some of the telephone conversations she supposedly had with Crosby during this time period would have been during the spring school holidays when all school offices were closed.) Second sentence, accepted and incorporated. First sentence, accepted but subordinate and unnecessary. Second sentence, rejected in part as not proven as to "rational decisions with respect to her employment"; otherwise, accepted but subordinate and unnecessary. Accepted but subordinate and unnecessary. Respondent's Proposed Findings of Fact. Accepted and incorporated to the extent not subordinate or unnecessary. Accepted but subordinate and unnecessary. Accepted and incorporated to the extent not subordinate or unnecessary. 4.-7. Accepted but subordinate and unnecessary. 8.-20. Accepted and incorporated to the extent not subordinate or unnecessary. Accepted but subordinate and unnecessary. Accepted and incorporated. 23.-26. Accepted but subordinate and unnecessary. (As to 25., the referee appeared to be referring to Green's medical leave of absence.) COPIES FURNISHED: Mark F. Kelly, Esquire Kelly & McKee, P.A. P. O. Box 75638 Tampa, Florida 33675-0638 Keith B. Martin, Esquire Assistant School Board Attorney Pinellas County Schools Administration Building 301 Fourth Street SW Largo, Florida 34649-2942 Dr. J. Howard Hinesley Pinellas County School Board 301 4th Street SW Largo, Florida 34640-3536 Frank T. Brogan Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
The Issue Whether Respondent's teaching certificate should be suspended or revoked, or Respondent otherwise disciplined for alleged violations of Chapter 231, Florida Statutes, and Chapter 6B-5, Florida Administrative Code, as set forth in the Administrative Complaint, dated October 21, 1980. This proceeding commenced with the Filing of an Administrative Complaint by the Commissioner of Education alleging that Respondent's teacher's certificate should be revoked or suspended, or other action taken, pursuant to Chapter 231, Florida Statutes, for gross immorality, moral turpitude, and engaging in conduct which seriously reduced his effectiveness, by reason of the alleged sale of cocaine to Tampa Police Department Detectives on November 16, 1979. The complaint also alleged that the Respondent was in violation of Section 231.09, F.S., in that he failed to provide a proper example for students, and of Chapter 6B-5, Florida Administrative Code, in that he had not practiced his profession at the highest ethical standard. The complaint was filed on October 21, 1980, and by an "election of rights" form received by the Professional Practices Services Section of the Department of Education on December 29, 1981, Respondent disputed the allegations of material fact of the complaint and requested a formal hearing before this Division. The case was thereafter referred by the Education Practices Commission to this Division by letter of January 6, 1981. By Order, dated January 15, 1981, the parties were advised of various procedural matters by the Hearing Officer, and paragraph 7 thereof quoted Model Rule of Procedure 28-5.104, F.A.C., concerning representation in administrative proceedings. Notice of Hearing was issued on February 4, 1981, for final hearing on April 23, 1981. Due to the fact that it was later determined that an incorrect address had been used on the notice for Respondent, an Amended Notice of Hearing was issued on March 11, 1981. On April 20, 1981, a letter from Respondent to Petitioner's counsel dated April 12, 1981, was received in this Division after referral by said counsel. The letter requested that Petitioner's counsel inform him of a court appointed attorney to represent him since he could not afford to hire an attorney to defend him. He further asked that he be granted a continuance until the problem could he resolved. Petitioner's counsel informed Respondent, by letter dated April 16, that he was unable to assist him in his request. On April 22, the Hearing Officer advised Respondent telephonically that there was no provision for "court appointed counsel" in administrative proceedings and that due to the lengthy period of time since Respondent had been aware of the pendency of the proceeding and of his rights to representation, and because Petitioner's counsel had orally communicated objection to any continuance, that his request was denied. Respondent stated that he did not intend to appear at the hearing and, in a later telephone conversation on the same date, stated that he was transmitting a telegram withdrawing his request for hearing. Since no such communication was received on April 22, the hearing commenced as scheduled. At that time, Respondent appeared at the hearing and renewed his motion for continuance over objection of Petitioner, and the prior denial was reaffirmed. Upon inquiry by the Hearing Officer, Respondent stated that he did not wish to represent himself and that he would not participate in the proceedings other than to submit a letter and accompanying copy of the decision of the Third District Court of Appeals in the case of Pearl v. Florida Board of Real Estate, Case No. 80-347, opinion issued February 17, 1981. In his letter, Respondent requested that consideration be taken of his record as a counselor for seven years at Sligh Junior High School in Tampa, Florida, and that his certificate not be revoked. (Hearing Officer's Exhibit 1) Respondent was thereupon advised of his rights in administrative proceedings, but although he remained in the hearing room during the course of the hearing, he took no further part in the proceedings. Petitioner filed prehearing discovery requests which were not responded to by Respondent. Petitioner thereafter Filed a Motion for an Order Compelling Discovery and Respondent failed to respond thereto. By Order dated March 26, 1981, the motion was granted and Respondent was provided a period of ten days to either respond to Petitioner's discovery requests or to assert any rights against self-incrimination as to individual requests. Respondent did not respond to the foregoing order and therefore, a subsequent order was issued on April 8, 1981, wherein it was ordered that pursuant to Rule 1.370(a), Fla.R.Civ. P., the matters of which Petitioner's First Requests for Admissions were requested were deemed admitted by the Respondent for the purpose of this proceeding. Petitioner presented the testimony of four witnesses and submitted five exhibits in evidence. Additionally, at the request of Petitioner, official recognition was taken of orders issued by the State Board of Education from 1976-1981 relating to drug-related cases in administrative license disciplinary proceedings. (Hearing Officer's Exhibit 2)
Findings Of Fact Respondent David Michael Knox holds certificate No. 325767, postgraduate rank II, which expires on June 30, 1982, covering the areas of biology, science, junior college and guidance. (Complaint) Respondent's address on December 16, 1979, was 7409 El Encanto Court, Apartment 203, Tampa, Florida. At all times material, Respondent was employed by the Hillsborough County School System as a guidance counselor. As a guidance counselor, Respondent counseled students with drug problems. (Petitioner's First Request for Admissions) On November 16, 1979, Detective Candice Moore, Tampa Police Department, pursuant to information supplied by a confidential informant that cocaine could be purchased from Respondent, telephoned Respondent to arrange such a purchase. During the course of the conversation, Respondent agreed to sell Moore a quantity of narcotics at his residence that evening. Detective Moore arrived at Respondent's residence at approximately 6:50 P.M. and was invited into the house by Respondent. He then showed her two packages and told her that she could choose the one that she wanted. She selected one of the packages. Respondent then brought out a tray on which there was a substance divided into six "lines." Respondent told Moore that she could sample the first and second lines. She simulated "snorting" the substance and also tasted it. Respondent "snorted" two lines of the substance and then told her to take the last two lines. She again simulated that she was taking the drug. Detective Moore had tasted cocaine before in the course of her duties and had determined that cocaine has a distinctive taste. The substance that she tasted at Respondent's residence tasted like cocaine. Detective Moore gave Respondent $85.00 in U.S. currency and put the package, which appeared to contain approximately one gram of the substance, in her purse. Detective Moore and Respondent then spoke of the possibility of future transactions, and he told her that if she wanted more cocaine in the future to provide him several days notice since he only kept two to three grams at his home. He further told her not to tell anyone where she had obtained the cocaine and that everything would then be "cool" and they could do business together in the future. After leaving the apartment, Detective Moore observed another detective at the police station perform a chemical reagent test on the contents of the package which she had purchased. The test was positive for cocaine. The contents of the package was then identified under evidence No. 9E-10250 and a small sample was sent to the State Crime Laboratory for analysis under evidence No. 9E-10251. Laboratory analysis utilizing standard testing procedures established that the substance gas cocaine. (Testimony of Moore, Booth, Wilbarger, Kasten, Petitioner's Exhibits 1-2) Respondent thereafter was charged with delivery of cocaine and possession of cocaine in violation of Sections 893.13(1)(a)(2), and (1)(e), Florida Statutes. On July 9, 1980, Respondent entered a plea of of nolo contendere to the charges in the Hillsborough County Circuit Court, Case No. 80- 780. The Court entered an order that adjudication of guilt and imposition of sentence be withheld, and Respondent was placed on probation for a period of three years. 1/ (Petitioner's Exhibits 3-5) Joseph C. Greco, Supervisor of Guidance Services for the Hillsborough County School System, is of the opinion that a high school guidance counselor who is arrested for the possession of cocaine would set a poor role model example for students and that his effectiveness in the school system would be diminished. He further is of the opinion that such a person would not have adhered to the highest ethical standards required of personnel in the school system. (Testimony of Greco)
Recommendation That Respondent's teaching certificate be permanently revoked, pursuant to Chapter 231, Florida Statutes. DONE and ENTERED this 18 day of May, 1981, in Tallahassee, Florida. THOMAS C. OLDHAM 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 18th day of May, 1981.
Findings Of Fact Prior to May 9, 1979, the Respondent held a rank III teacher's certificate issued by the Respondent. The Respondent met, and continues to meet, all requirements for rank III certification. The Respondent was employed in an instructional capacity with the Pinellas County School System from 1970 through June, 1980. The Respondent consistently received excellent evaluations during his tenure with the Pinellas County School System. On February 5, 1979, the Respondent made application to the State Department of Education, Teachers Certification Section, for a rank II teacher's certificate. While it does not appear that the Respondent actually filed the application, it was filed on his behalf and with his knowledge, and he was responsible for its being filed. The application included a transcript of course work which reflected that the Respondent had received a Masters of Education Degree from Florida A&M University on December 15, 1978. The transcript was a forgery. The Respondent had completed some course work toward a Masters Degree, but not nearly sufficient hours of courses to entitle him to a Masters Degree. A friend of the Respondent who was employed at Florida A&M University prepared the false transcript for the Respondent. The Respondent paid this individual $300.00, loaned him $700.00, and provided him with seafood, free lodging and football tickets as compensation for the forged transcript. The Respondent's testimony that the money, loan, and other items were not related to the forged transcript ha been found not credible. The Respondent signed the application, which was supported by the forged transcript. The following statement is set out above his signature: I understand that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraudulent means... I further certify that all information pertaining to this application is true and correct. The signature is notarized as having been sworn to and subscribed. On May 9, 1979, the Department of Education issued a rank II teacher's certificate to the Respondent. The Respondent was not eligible for rank II certification, and he obtained the certificate by fraudulent means. The Respondent filed the rank II certificate with his employer, the Pinellas County School Board, on or about June 13, 1979. As a result, the Respondent obtained an increase in pay retroactive to December 15, 1978. While the Respondent never held any position with the Pinellas County School Board that he would not have been eligible to hold under his rank III certification, he received a total of $1,606.85 in additional compensation based upon the rank II certification. The Respondent would not have received this additional income without submitting the rank II certificate to his employer. During July, 1980, state prosecuting authorities questioned employees of the Pinellas County School Board and the Respondent with respect to his rank II certificate. The Respondent confessed to having received the rank II certificate by fraudulent means. Following the confession the Respondent made full restitution of the $1,606.85 to the Pinellas County School Board. The Respondent was thereafter arrested and charged with grand theft in Pinellas County, Florida, and with forgery and bribery in Leon County, Florida. The charges in Leon County were dropped after the Respondent entered a plea of no contest to the Pinellas County charges. He was adjudicated guilty of the felony of grand theft on October 27, 1980, and placed on three years' probation. The Respondent had been suspended from his employment, and he resigned following his conviction. Several newspaper articles appeared relating to the charges filed against the Respondent and his conviction. The Respondent's effectiveness as an employee of the Pinellas County School System, and as a teacher, has been seriously reduced as a result of his misconduct. The Respondent was cooperative with authorities in connection with the criminal investigation. The Respondent is remorseful, realizes the gravity of his misconduct, and is susceptible of rehabilitation. The Respondent has not been subject to any disciplinary action as a teacher, or through any criminal prosecutions prior to this incident. It does not appear likely that the Respondent will engage in such conduct in the future.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Education Practices Commission enter a final order permanently revoking the rank II teaching certificate that had been issued to the Respondent, Particus B. Blackshear, Jr.; and that the Respondent's eligibility for any teaching certificate be revoked for a period of five years, subject to reinstatement only in accordance with the provisions of Section 231.28(4)(b), Florida Statutes. RECOMMENDED this 16th day of July, 1981 in Tallahassee, Florida. COPIES FURNISHED: J. David Holder, Esquire MacFarlane, Ferguson, Allison & Kelly 700 Lewis State Bank Building Post Office Box 1548 Tallahassee, Florida 32302 Howard P. Rives, Esquire Suite 1000 600 Cleveland Street Clearwater, Florida 33515 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 G. STEVEN PFEIFFER 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 16th day of July, 1981.
The Issue Whether Judy Limekiller (Respondent) committed the violation alleged in the Administrative Complaint dated August 30, 2012, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner is an agency of the State of Florida created by section 20.165, Florida Statutes. Petitioner is charged with the responsibility of regulating the real estate industry in Florida pursuant to chapters 455 and 475, Florida Statutes. As such, Petitioner is fully authorized to prosecute disciplinary cases against real estate licensees. Respondent was at all times material to this matter, the holder of a Florida real estate license, license number 3131887. At all times material to the allegations of this case Respondent was an active sales associate with Michael Saunders and Company. Respondent’s address of record is 1529 Pelican Point Drive, HA 205, Sarasota, Florida. In January 2012, Respondent was a sales associate handling a transaction with Regina Zahofnik (Ms. Zahofnik). Ms. Zahofnik was the seller of property located at 4527 MacEachen Boulevard, Sarasota, Florida. Respondent admits she signed Ms. Zahofnik’s name to a Cancellation of Contract and Release. Respondent did not have written authorization to sign for Ms. Zahofnik. Instead, she maintains Ms. Zahofnik gave her verbal authority to sign the document. In February 2012, Respondent was a sales associate handling a transaction with Lynda Kravitz. Ms. Kravitz was the seller of property located at 1526 Pelican Point Drive, BA 147, Sarasota, Florida. Respondent signed Ms. Kravitz’ name to a Seller’s Property Disclosure Statement. Ms. Kravitz did not authorize Respondent to sign the document. In February 2012, Respondent was a sales associate handling a transaction with Cherryne Kravitz. Ms. Kravitz was the seller of property located at 1526 Pelican Point Drive, BA 147, Sarasota, Florida. On or about February 10, 2012, Respondent signed Ms. Kravitz’ name to a Residential Contract for Sale and Purchase. Ms. Kravitz did not authorize Respondent to sign the document. In all situations, Respondent believed she was authorized to sign the documents. She claims either e-mail or text message gave her the go-ahead to sign documents so that they could be timely processed. In the case of Ms. Zahofnik, the “deal was dead” and could not close. Since the buyer elected to walk away from the purchase when the seller could not complete the transaction, Respondent maintains that no party was injured by the signing of the document and that by doing so the refund to the buyer was processed. In the case of the Kravitz sale, Respondent signed the property disclosure because she knew the property better than the sellers and an expedited completion of the paperwork was requested. Again, Respondent states Ms. Kravitz authorized the signature. And with regard to the signing of the contract, Respondent asserts that Ms. Kravitz was slow to return the contract and that she was getting pressure from the other Ms. Kravitz to get the paperwork completed. Eventually, both Kravitz daughters signed the contract. Respondent does not deny signing the contract. As a result of the allegations of this case, Michael Saunders and Company incurred expenses and lost commissions. Petitioner did not present evidence regarding the cost of investigating this matter.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Real Estate Commission finding Respondent in violation of the provision of law set forth in the Administrative Complaint as alleged by Petitioner, imposing an administrative fine in the amount of $2,500.00, and imposing a suspension of Respondent’s real estate license for a period of 30 days, with probation to follow for such period of time as the commission deems appropriate. DONE AND ENTERED this 21st day of June, 2013, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 21st day of June, 2013. COPIES FURNISHED: Susan Leigh Matchett, Esquire Department of Business and Professional Regulation Suite 42 1940 North Monroe Street Tallahassee, Florida 32399 James P. Harwood, Esquire James Harwood, P.A. Suite 106 1277 North Semoran Boulevard Orlando, Florida 32807 J. Layne Smith, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Juana Watkins, Director Division of Real Estate 400 West Robinson Street, Suite N801 Orlando, Florida 32801 Darla Furst, Chair Real Estate Commission Department of Business and Professional Regulation 400 West Robinson Street, Suite N801 Orlando, Florida 32801
The Issue Whether Respondent's educator's certification should be sanctioned for alleged acts involving moral turpitude, in violation of Subsection 1012.795(1) (c), Florida Statutes (2003).1 Whether Respondent's educator's certification should be sanctioned for being convicted of a misdemeanor, felony, or other criminal charge, in violation of Subsection 1012.795(1)(e), Florida Statutes. Whether Respondent's educator's certification should be sanctioned for violation of the Principles of Professional Conduct for the Education Profession, in violation of Subsection 1012.795(1)(i), Florida Statutes. Whether Respondent's educator's certification should be sanctioned for a plea guilty or a decision of guilt in any court, in violation of Subsection 1012.795(2), Florida Statutes. Whether Respondent's educator's certification should be sanctioned for failure to maintain honesty in all professional dealings, in violation of Florida Administrative Code Rule 6B- 1.006(5)(a). Whether Respondent's educator's certification should be sanctioned for submitting fraudulent information on a document in connection with professional activities, in violation of Florida Administrative Code Rule 6B-1.006(5)(h).
Findings Of Fact Respondent, Carolyn Stewart, holds Florida Educator Certificate 747243, covering the area of Guidance and Counseling, which was valid through June 30, 2005. Respondent was employed as a guidance counselor at Sea Breeze Elementary School, in the Manatee County School District, during the 2003/2004 school year, until she resigned sometime in the fall of 2003. On or after October 1, 2003, Respondent was arrested and charged with two counts of fraudulent use of a credit card. Respondent entered a plea of guilty to those charges, both third degree felonies, in the Circuit Court for Manatee County, Florida, Case Nos. 2003-CF-3150 and 2003-CF-4094, on May 18, 2004. Adjudication was withheld, and Respondent was sentenced to credit for time served in the county jail, court costs, and facility fee. On or about March 18, 2004, following the issuance of an Information, Respondent was arrested and charged with the felony offense of filing fraudulent insurance claims, between October 1, 1999, and September 12, 2003, with her employer, the Manatee County School Board. Respondent entered a plea of nolo contendre to the charge of filing fraudulent insurance claims for less that $20,000, a third degree felony, in the Circuit Court for Manatee County, in Case No. 2004-CF-1067, on May 24, 2005. Respondent was adjudicated guilty and sentenced to five years probation. On April 15, 2004, Respondent was charged, by Information, with the offense of Poisoning Food or Water of Michael Skoyec, which occurred between August 31, 2003, and/or September 1, 2003. Respondent pled not guilty to the charge, a first degree felony, and the matter proceeded to a jury trial before the Circuit Court for Manatee County, Case No. 2004-CF- 1787. Prior to the trial, the State Attorney amended the Information by adding a second count, charging Respondent with Attempted Second Degree Murder, a second degree felony. Following the trial which concluded on February 11, 2005, the jury returned a verdict of guilty on the first count, Poisoning Food and Water, and a verdict of guilty on the lesser count included offense of Battery (a first degree misdemeanor), as to the second Count. At the sentencing hearing on April 19, 2005, Respondent was adjudicated guilty and sentenced to 15 years in the custody of the Department of Corrections, and costs, followed by five years' probation. Respondent was committed to the custody of the Department of Corrections on April 19, 2005, and is at present serving her sentence in the Gadsden Correctional Institution. Following her conviction and sentence, Respondent appealed her convictions to the Second District Court of Appeal. The conviction was affirmed on March 3, 2006, and the Mandate issued on May 18, 2006. In each of the criminal cases in which she entered a plea of guilty or no contest, Respondent, through her attorney, stipulated that there was a factual basis for the charge, or the facts were stated on the record for the court to determine the factual basis. Following these incidents, Respondent resigned her position with the Manatee School District in the fall of 2003. There was adverse publicity in the newspaper about the charges against Respondent, including the poisoning charge. There was no dispute that as a result of these incidents Respondent's effectiveness as a teacher was seriously, if not totally, reduced. The honesty of educators is relied upon by administrators. Respondent's actions, including her fraudulent acts, prevented administrators from relying on her honesty. Fellow employees rely on an educator's honesty, and Respondent's actions similarly prevent that reliance in the future. On October 18, 2004, Respondent was charged by Information, with one felony count of falsifying records, on September 22, 2003, of the Department of Children and Family Services (DCFS). She entered a plea of no contest, was adjudicated guilty, and placed on five years' probation for that offense on May 24, 2005. Although the avenue of direct appeal of her conviction has been exhausted, Respondent has retained legal counsel to explore the possibility of filing post-conviction relief in the courts in regard to those charges, where she has been adjudicated guilty by the court. Although Respondent acknowledged that grounds existed to revoke her teaching certificate, she testified that she was very good at what she did as a guidance counselor and desired the opportunity to seek reinstatement of her teaching certificate in the future. Respondent offered no evidence to support this assertion.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED as follows: A final order be issued finding that Respondent did violate the provisions of Subsections 1012.795(1) (c), (e) and (i), Florida Statutes, and Florida Administrative Code Rule 6b- 1.006(5) (a), and (h). Count 4 of the Administrative Complaint should be dismissed. If is further RECOMMENDED: That the Education Practices Commission enter a final order permanently revoking Respondent's teaching certificate. DONE AND ORDERED this 24th day of January, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 24th day of January, 2007.
