The Issue Whether the Petitioner committed the violations alleged in the Respondent's Petition dated June 11, 2008, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The School Board is a duly-constituted school board charged with the duties of operating, controlling, and supervising all free public schools within the School District of Palm Beach County, Florida. Art. IX, § 4(b), Fla. Const; § 1001.32, Fla. Stat. (2008).1 Specifically, the School Board has the authority to discipline employees. § 1012.22(1)(f), Fla. Stat. Ms. Scott has been employed as a teacher with the School Board since 1986. She is a member of the Palm Beach County Classroom Teachers Association and is subject to the terms of the Collective Bargaining Agreement Between the School District of Palm Beach County, Florida, and the Palm Beach County Classroom Teachers Association ("Collective Bargaining Agreement"). At the times material to this proceeding, Ms. Scott taught business classes at Palm Beach Central High School ("Palm Beach Central"). In 2006, Ms. Scott was charged with shutting a student into a windowless, unventilated closet and leaving him there "for a time estimated to be between ten (10) minutes by you and fifty (50) minutes by the student and other witnesses."2 The superintendent of schools recommended to the School Board that Ms. Scott be suspended without pay and her employment terminated. The termination was subsequently rescinded, and Ms. Scott's discipline for this incident was reduced to a 38-day suspension without pay. During fourth period on February 1, 2008, Ms. Scott was teaching a course in computing for colleges and careers. While she was taking attendance, several students were causing their computers to "beep." As a result, Ms. Scott sent a few students outside the classroom, into the hallway. She sent another student to the storage room that connected her classroom to the classroom next to hers and told the student to step inside and shut the door. The student was a male who was 17 years of age at the time of the final hearing. The storage room was approximately 10 feet wide and 15 feel long. The student remained in the storage room for approximately 10 minutes, during which time the lights in the storage room were off. The storage room had two doors, neither of which had windows, and Ms. Scott could not see the student while he was in the storage room. After approximately 10 minutes, Ms. Scott opened the storage room door and told the student he could leave the storage room.3 The student did not consider his being sent into the dark storage room a "big deal," and he did not report the incident to his parents, to another teacher, or to the school administration.4 On February 15, 2008, a student reported the incident to a teacher, who reported it to an assistant principal, who reported it to another assistant principal, who reported it to the principal, Burley Mondy. Mr. Mondy reported the matter to the School Board police and requested that a formal investigation be initiated. Mr. Mondy also removed Ms. Scott from the Palm Beach Central campus on February 15, 2008, and she was given an alternate assignment in the Palm Beach County School District's office. After the investigation was completed, the matter was subject to an administrative review; a pre-disciplinary meeting was held with Ms. Scott in attendance; and the matter was reviewed by the School Board's Employee Investigation Committee. Based upon the recommendation of the Employee Investigation Committee, the superintendent of schools recommended to the School Board that Ms. Scott be suspended without pay and that proceedings be initiated to terminate her employment. The School Board approved this recommendation at its June 4, 2008, meeting. The evidence presented by the School Board is sufficient to establish that, by sending a student into a dark storage room for approximately 10 minutes, Ms. Scott exercised extremely poor professional judgment and that her actions posed a potential risk to the student's physical and mental health and safety. The School Board failed to present any evidence to establish that Ms. Scott's sending several students into the hall during class constituted poor professional judgment or posed a potential risk to the students' physical and mental health and safety. The School Board also failed to present any evidence to establish that Ms. Scott's effectiveness in the school system was impaired by the incident at issue, and it is not reasonable to infer from Ms. Scott's conduct that her effectiveness was impaired.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order dismissing the Petition filed against Rutha Scott, immediately reinstating her, and awarding her back pay for the period of her suspension, as provided in Section 1012.33(6)(a), Florida Statutes. DONE AND ENTERED this 16th day of February, 2009, in Tallahassee, Leon County, Florida. PATRICIA M. HART 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 16th day of February, 2009.
Findings Of Fact Respondent Francis J. Sortino has been employed by the School Board of Broward County at Deerfield Beach High School in Deerfield Beach, Florida, since 1970 when the school opened. For ten years, he served as the school's planetarium director. In 1979 or 1980, he returned to teaching science in the classroom. In the fall of 1981, he taught a third-hour science class in which Thomas Bates, Debbie Landoskey, Lonnie McKever, Ricky Huntley, Steve Santiago, and Joe Sawyer, among others, were enrolled. On October 28, 1981, Joe Sawyer took the seat near the back of the class to which he had been assigned at the beginning of the school year, even though he had been subsequently reassigned to a seat in the front of the class. When Joe Sawyer and Steven Santiago began talking to each other, Mr. Sortino directed Joe Sawyer to take the seat at the front of the class. Joe Sawyer, who stood five feet one inch, weighed 97 or 98 pounds, and was 15 years old at the time of the hearing, complied with this request, but soon struck up a conversation with Thomas Bates. Thereupon Mr. Sortino told Joe Sawyer to move again, over near Debbie Peck. Joe Sawyer stood up, began moving in the direction Mr. Sortino had indicated (T. 293), and asked, "Where do you want me to move?" at least once. Mr. Sortino then picked up an empty desk, threw it so that it slid some ten feet across the floor and stopped against the wall, grabbed Joe Sawyer by the nape of the neck, forcibly set him down in the desk, and struck him with his open hand, using first his palm and then the back of his hand. These cuffs, no more than four in all, were not administered with Mr. Sortino's full strength; they fell on Joe Sawyer's shoulder or on the back of his neck. All this occurred in the presence of some 30 classmates, a few of whom called out urging Joe Sawyer to go to the school office to report the incident. Joe Sawyer did not cry, call out or resist. His face reddened and he laid his head down on his desk, but he was not seriously hurt. He did not require medical assistance or sustain any permanent injury. Aside from Mr. Sortino, no adult was present when respondent struck Sawyer. Mr. Sortino made no effort during third-hour science class on October 28, 1981, to secure the presence of another adult. The school principal, Rosa J. Lawson, had not delegated to respondent or any other teacher the authority to administer corporal punishment. On October 28, 1981, the School Board of Broward County had in force the following policy, No. 5301: Discipline - Corporal Punishment The principal, or in his/her absence, the person in charge of the school, shall have the responsibility for maintaining overall disci- pline within the school setting. The principal shall share with the teacher the responsibility for maintaining proper school conduct and morale. Further, he/she may delegate to the teachers such responsibility for control and direction of the students as he/she considers desirable. When and where such responsibility has been delegated the teachers shall be sup- ported in any reasonable action they may take. Each pupil enrolled in a school shall, during the time he/she is being transported to or from school at public expense, during the time he/ she is attending school, and during the time he/she is on the school premises, be under the authority of the principal or teacher in charge of the school, and under the immediate control and direction of the teacher or other member of the instructional staff or of the bus driver to whom such responsibility may be assigned by the principal. The board shall do everything within its legal power to protect and support the principal and teachers in their disciplinary role. This shall include legal support in accordance with Florida Statutes, Section 230.234. In addition, the board shall assist the principal, teacher, bus driver and/or other school staff members in bringing about penalties for the disruption of school functions or assault upon the instruc- tional staff as set forth under Florida Statutes, Section[s] 231.06 and 231.07. Corporal punishment may be administered at the discretion of the principal or his/her designated representative. Normally this should be done only after other corrective measures have been tried without success. A teacher shall not inflict corporal punish- ment except upon approval of the principal and only then in the presence of another adult who is informed beforehand, and in the student's presence, of the reason for the punishment. Such punishment may not be degrading or unduly severe in its nature. (For clarification, see Florida Statutes, Section 232.27) All suspensions or expulsions shall be made in accordance with Florida Statutes and board policy 5006. Rules When corporal punishment is administered, the following rules shall be observed: The punishment shall be administered by the principal or by some other member of the professional staff designated by him/ her. Under no circumstances shall a stu- dent be struck about the head or shoulders. The punishment shall be administered poste- riorly by striking the student below the waist and above the knees. The administration of corporal pun- ishment shall be witnessed by at least one (1) other member of the staff. Corporal punishment shall not be administered in the presence of other students. When disciplinary action is taken by the principal and/or his/her designee the teacher referring the disciplinary case will be advised in writing of the action taken. A teacher may not suspend a child from school or class. However, in cases where an emergency situation develops, the teacher shall take such steps as are rea- sonably necessary to protect the students. The use of reasonable force necessary to isolate the disruptive student from the classroom shall not constitute corporal punishment as defined in accordance with Section 232.27, Florida Statute[s] , and shall not be used as a basis for the sus- pension of any member of the school staff nor for holding anyone liable for such an act unless the force used is degrading or unduly severe as to its nature. The designated member of the pro- fessional staff or principal who has admin- istered punishment shall provide the pupil's parent or guardian with a written explana- tion of the reason for the punishment and the name of the other adult who was present. Petitioner's Exhibit No. 11. The substance of this policy was fully explicated in the Deerfield Beach High School Teachers' Handbook at pp. 16, et seq., Petitioner's Exhibit No. 9. The policy of the School Board of Broward County with respect to corporal punishment has not changed, in substance, for a decade or more. Respondent was furnished a copy of Petitioner's Exhibit No. 9 at the beginning of the 1981-1982 school year. The Deerfield Beach High School Teachers' Guidebook also contained the following: Referrals to the Administrative Assistants The control of students is not something that can be achieved by so many rules or by the work of a few individuals, but rather by sincere and cooperative effort on the part of the entire faculty and staff to understand pupils and their problems. Teachers are encouraged to handle their own disciplinary problems whenever possible. Adequate lesson planning and consistancy [sic] of discipline are probably the best means of avoiding disciplinary difficulties. However, when a student becomes persistently unmanageable in the classroom to the detriment of the learn- ing situation or when his offense is of such a nature that he should be referred to some- one else, the teacher should write to the Administrative Assistant. This should be done only after the teacher has exhausted every means at his disposal to corre[c]t that student's conduct. In cases of EMERGENCY nature, the teacher should use the BUZZER to summon an Administrative Assistant to accompany the student to the office. When a referral becomes necessary, please use the three-part referral provided by the Administrative Assistant's office. Give as much information as possible about the reason for the referral in order to help the Administrative Assistant determine the measures to be taken. If the referral form is not adequate, please feel free to use an attachment. Petitioner's Exhibit No. 9. Respondent Sortino's own personal approach to discipline problems in the classroom is, he testified, fully consistent with the foregoing: If I have a child that's, you know, a minor infraction, the first thing I do is ask him to write a composition, have him take it home and get it signed by his parents. Then they bring the composition back to me. This way I ask the child to do something on why--let's say, for instance, he's just talking in class, or chewing gum, whatever it is. Whatever the infraction, I ask the student to write me a one page composition as to why they shouldn't do that in school, to take it home and have it signed by the parents, and bring it back to me. If they do it again, they write another composition. Generally, I ask them to write three compo- sitions. Generally, after three compositions, what I do is call home. That is not always successful, but I have made phone calls to parents at home. In many cases they tell me, I can't control him at home, can't you. At that point, then I would give detentions, which is school policy to give a student detentions. If he fails to serve detentions, I would write a referral on that student and send him to an adminis- trative assistant, and then they're supposed to take care of it from there. And that's the policy I've been follow- ing, as far as administering discipline in the classroom. (T. 302-303.) Even though he could not remember ever asking Joe Sawyer to write a composition, and never telephoned his parents, Mr. Sortino thought, at the time of the hearing, that his striking Joe Sawyer on October 28, 1981, "was proper." (T. 282.) This episode "was a second occurrence of this type incident." (T. 221.) Mr. Sortino did not refer Joe Sawyer to the school administration for discipline on October 28, 1981, or at any other time, although he did make several other such referrals of students in the fall of 1981. On October 28, 1981, he referred a student named Donald Evans to Rubin C. Ransaw, Jr., an administrative assistant at Deerfield Beach High School, for disciplinary action after Evans, in the presence of Mr. Sortino and other students, said, "Sortino sucks," twice. Petitioner's closing argument was made in written form and filed on May 11, 1982, Respondent's proposed findings of fact, conclusions of law and recommended order were filed on May 13, 1982. These submissions were considered in preparation of the recommended order. Respondent's proposed findings of fact have been adopted, in substance, for the most part. To the extent they have not been adopted they have been deemed unsupported by the weight of the evidence or immaterial to this cause.
The Issue The issue is whether Respondent, Debra Turnbull’s (“Ms. Turnbull” or “Respondent”), employment with Petitioner, Palm Beach County School Board (“School Board” or “Petitioner”), as an elementary teacher, should be terminated, based upon the statements of the nature of the controversy set forth in the Joint Second Amended Pre-hearing Stipulation filed by the parties.
Findings Of Fact The School Board is the constitutional entity authorized to operate, control, and supervise the District. Pursuant to Article IX, section 4(b) of the Florida Constitution, and section 1001.32, Florida Statutes, Petitioner has the authority to discipline employees pursuant to section 1012.22(1)(f), Florida Statutes. Respondent is an experienced teacher who has been trained in the proper method of interacting with co-workers and students, exercising best professional judgment, and following rules, policies, and directives. At all times relevant, Respondent was employed with Petitioner as a teacher at Forest Hill and had been assigned there for approximately two years, initially serving as a second-grade, dual language teacher. At all times relevant, Respondent’s employment was governed by the CBA between the District and the Classroom Teachers Association, School Board policies, and Florida law. Respondent was notified, by a Notice of Recommendation for Termination of Employment, dated and acknowledged by her on October 29, 2019, that she was being recommended for a 15-day suspension and subsequent termination due to: (1) Failure to Exercise Best Professional Judgment; (2) Gross Insubordination; and (3) Continued Failure to Follow Policy/Rule or Directive, when she screamed and yelled at her students. An Administrative Complaint, detailing the charges, was served on Respondent, through her attorney, on December 9, 2019. A few months after being assigned to the dual language class, Respondent was moved to a position in the Forest Hill computer lab, which was part of the fine arts rotation for students. As a media specialist, Ms. Turnbull was responsible for checking library books in and out; helping children find books; reading aloud with children; helping students with independent reading; developing lessons to encourage the students to interact with media other than books; and working in a partnership with the home room teachers to support them in special projects and research. The students’ homeroom teacher is not present during the media center visit by that teacher’s students, and routinely drops the students off at the beginning of the 30-minute time block, returning to pick them up at the conclusion of the visit. On or about April 12, 2019, Ms. Turnbull was working on a project with third and fourth-grade classes. She had been given broad discretion in developing a project for the third and fourth graders to celebrate the Everglades. The project was designed to have the children investigate and do research on various aspects of the Everglades, then produce a project to demonstrate what was learned. Ms. Turnbull decided to have each child do some individual research on a topic related to the Everglades, followed by their presenting their findings in a form with which they were comfortable. She gathered numerous books about the Everglades, a video or a DVD to play about the Everglades, and expected that the project would ultimately end up in an Everglades museum that would be displayed in the media center for the rest of the school’s students to visit and learn about the Everglades. She imposed a deadline on the students to have the project completed within three class sessions. In administering the Everglades project, Ms. Turnbull’s intent was that all of the children would research a topic in which they had a true interest. She gave an initial class in how to research and suggested some ideas for project topics. She and the students of each class brainstormed a list of approximately 15 topics that interested the children, which were placed on the board for all the children to see. Ms. Turnbull explained to the students that she would go around the room, so that each student could select the topic on which he or she would like to work, but that no more than four students in each class could work on a single topic, in order to enhance the learning experience for all by having more topics covered. Ms. Turnbull tallied the number of students who selected each topic, and, once a topic was chosen by four students, subsequent choosing students were redirected and limited to the other topics, which were ample for the class sizes. Once the topics were selected and assigned, the classes brainstormed different types of project presentations which could be used. Students were able to produce a diorama, an advertising poster, a research report, or other methods of presenting their projects. Ms. Turnbull used the same rule, that once four students selected a particular method of presentation, that mode would be closed. Similar to the selection of topics, Ms. Turnbull tallied the number of students who selected each presentation method, and, once a mode was chosen by four students, subsequent choosing students were redirected to other choices. On April 12, 2019, Ms. Turnbull met with the students from Ms. Goodson’s third-grade homeroom class, who were dropped off at the media center for their second project session. As they arrived, Ms. Turnbull directed the students to sit at the media center tables, where she had a whiteboard set up, and she and the students began to interact and list the various Everglades topics which interested them. On that day, the students had recently returned from spring break. Ms. Turnbull explained that all teachers know that, after spring break, students are looking towards the end of the school year and are not always focused. She felt that, as sometimes happens, “they were just not with me that day.” They were somewhat uncooperative and talking to each other, rather than listening to what she was saying. Ms. Turnbull had never had a particular problem with that class. It was one of the classes that she looked forward to seeing because they “had a good time together and got things accomplished.” However, on that day, the students were not following the directions she was giving them with respect to choosing the topic for their projects and then choosing their mode of presentation for the topic. Ms. Turnbull gave Ms. Goodson’s students specific directions that no more than four people could choose the same project and that, once there were four students who had selected a particular topic or project, that topic or project was no longer in play, and the next students who chose had to select something else. The students were not paying attention, and, when somebody tried to be the fifth or sixth person to choose the same topic, Ms. Turnbull would again tell the selecting student that there could be no more than four in a grouping and pointed to the board where the students could see four tally marks next to that topic. She would explain that the topic had closed and that something else had to be chosen. Soon thereafter, it would happen again with another student. When she had gone through the entire class, and when the tally marks were totaled, the numbers did not match, meaning that some students had not even made their selections. Gregory York, the IT person assigned to Forest Hill since 2004 or 2005, is responsible for fixing all technical problems at the school. Mr. York testified that he was in the media center on April 12, 2019, to discuss a repair issue with Respondent when he heard her yelling and screaming at a student who had raised her hand. Mr. York further testified that he and Ms. Turnbull “got into a little shouting match as well [when he explained why he could not fix her VCR], so [he] just left.” He described Respondent’s tone of voice as a “very high-pitched tone. Aggravated. … Loud and upset.” He specifically recalled a particular incident with one student as follows: But the one that I kind of recall was with that one particular student when direction was given to raise their hand and when she raised the hand, I guess the answer wasn’t good enough and it just got … it wasn’t just -- I don’t know, I don’t know what word to use, but it was just … I just felt like the student was just following directions and it seemed like she just got in trouble for following directions, from me, that’s all I’m saying. Mr. York admitted, on cross-examination, that “at the beginning, I don’t recall the whole conversation because I was too focusing [sic] with the IT person and then as I -- as we -- as I settled down, that’s when I can pretty much hear -- not hear, but I can see the environment and the tone has changed and that’s what I remember.” He did not remember what was being said when he claimed that the tone changed. Mr. York also remembered, on April 12, 2019, that a student raised her hand to ask a question. He did not recall the entire conversation, but said “it was like an upset conversation and everything and the student just wanted to ask the question and couldn’t answer it or whatever... it was just... just the whole ordeal was just loud.” Mr. York said that, after getting yelled at, “to me for following directions, she did not see -- she seemed a little hurt about it or whatever.” He claimed to “just remember the incident with the one student in particular, with the student raising their hand and, you know, she was just... It was an incident of her yelling at the kid and, you know, the kid got sad and everything like that.” Although he did not recall in any detail what was said or being done, Mr. York claimed “I just felt like the student was just following directions and it seemed like she just got in trouble for following directions from me, that’s all I’m saying.” He did not know why the student raised her hand or what she said. On cross-examination, Mr. York admitted that the hand raising “had something to do with voting, and, like I said, I heard that part and I remember the student just following direction, raising their hand and -- ... raising their hand to speak or maybe vote. I remember that part, the students raised their hand and she asked the student go ahead. And when she said what she had to say, it just went bad after that.” He repeated that he was within ten feet of Ms. Turnbull when this exchange took place, but did not recall whether Ms. Turnbull was explaining that there were already too many students who had made the particular selection. Also on cross-examination, after having his memory refreshed with his prior written statement and deposition testimony, Mr. York admitted that while he did not recall what Ms. Turnbull was “yelling” at the kids, he recalled her yelling or screaming at Assistant Principal Higgins about books. Ms. Turnbull testified that she was not yelling at the children. She admitted that the situation was getting a bit annoying and that, as time went by, and the same situation kept occurring over and over, she became what she termed, “a little bit more stern.” On cross-examination, Ms. Turnbull conceded that she has a loud voice and that sometimes people misinterpret a loud voice or enthusiasm as raising her voice. She explained that she was “a New Yorker,” having a style and expressing herself in a way that some consider “loud, animated, excited and boisterous.” Because the media center door is kept locked, teachers returning for their students typically knock on the door. Ms. Goodson did not knock on the door, but was somehow let into the media center, although she did not immediately ask for her students to leave the media center while Ms. Turnbull continued to work with them. Ms. Turnbull could not recall how long Ms. Goodson observed her students in the media center. Ms. Goodson recalled and estimated being in the media center for about 30 minutes. Ms. Goodson waited in the media center as Ms. Turnbull continued beyond the allotted class time with her students. Eventually, Ms. Goodson indicated that she had to return to her classroom with her students. There was a brief discussion between Ms. Turnbull and Ms. Goodson as the class was leaving. Ms. Turnbull asked Ms. Goodson if she would spend time in her classroom having the students choose topics and methods of presentation, as she had observed that those matters were not completed in the media center that day. Ms. Goodson, she testified, responded that “they are a low class.” Ms. Turnbull assumed Ms. Goodson was referring to academic ability, and responded that, even if they are low, this was not an academic exercise, but was rather a situation of making a choice and following directions. Neither teacher was yelling; instead, they were speaking quietly, because the children were in close proximity to them. Ms. Goodson had never discussed her students’ academic level with Ms. Turnbull until that day. Ms. Turnbull never thought of the class as a “low class.” She would have approached the lesson differently had Ms. Goodson advised that she believed her class was incapable of following two-step or three-step directions. Ms. Turnbull felt that Ms. Goodson spoke about her students as a “low class” in an effort to explain or excuse their behavior that day. When asked about the allegation that she yelled at Mr. Higgins when he was in the media center while Ms. Goodson and her class were present that same day, Ms. Turnbull testified that, since he was an assistant principal, she considered Mr. Higgins to be her boss. She would never yell at him, she testified. Ms. Turnbull felt that Mr. Higgins was someone to whom she could talk, and had she thought that he did something wrong with a book, she would have spoken with him. She did not recall any interaction with Mr. Higgins that day, or even that Mr. Higgins was in the room. In her deposition testimony, Ms. Goodson recalled that, at some point, Mr. Higgins was in the media center. She recalled Ms. Turnbull “went off for a couple minutes on him, saying next time do this, this and this. That’s not how we do it here, something like that.” Mr. Higgins testified during Ms. Turnbull’s case. He knows Ms. Turnbull and was familiar with this case. Mr. Higgins was aware that he had been identified as having been present in the media center during the alleged incident of April 12, 2019. He testified that he did not recall any incident that took place with Ms. Turnbull. He provided a statement during the investigation at a time shortly after the alleged incident wherein he stated that he did not hear anything from Ms. Turnbull on that date. He recalled being asked by Mr. York to assist with repairing the VCR. Mr. Higgins testified that Ms. Turnbull did not yell at him. Mr. Higgins said that he was not the type of person who would accept being yelled at without taking some action since he is the assistant principal and Ms. Turnbull is a media specialist. Mr. Higgins testified that he “returned the book, kind of finished the tech issue with work and walked out.” Mr. Higgins did not witness any yelling, screaming, or anything like that. Similarly, Ms. Turnbull did not recall any interaction with Mr. York on that day, although she recalled that some time before that day she had asked Mr. York to remove a cassette that had gotten stuck in her VCR. She conceded that, although she did not recall him being there, he could have been in the media center on that date. Ms. Turnbull recalled the student Mr. York mentioned in his testimony, although she did not recall her name. The student had a physical exceptionality and used an assistive device to walk. Ms. Turnbull was not aware of the student having any intellectual exceptionality. Like Mr. York, she did not observe the student crying at any point, and testified that she did not observe her upset or with a quivering lip. Ms. Turnbull did not intend to disparage or embarrass the student. Scott McNichols is the principal at Forest Hill. He testified that homeroom teacher Ms. Goodson reported an incident with Ms. Turnbull. Mr. McNichols had Ms. Goodson complete a witness statement. When Ms. Goodson provided the statement, Mr. McNichols contacted the school district labor relations department. Mr. McNichols spoke to no other witnesses about the matter. In general, classes at Forest Hill were heterogeneous with all different kinds of students mixed together. Ms. Goodson’s class was not an exceptional student education (“ESE”) class. She had some students with Individual Education Plans “(IEPs”), and some without. The level of the students in Ms. Goodson’s class was not advertised to the public. A teacher on the art wheel would only know whether Ms. Goodson’s class had ESE students if the ESE contact informed her. Mr. McNichols had no way to know whether the ESE contact informed a teacher as to the existence and nature of a student’s IEP. Ms. Turnbull specifically testified that the ESE contact never informed her of such matters concerning Ms. Goodson’s class. Ms. Vicki Evans-Paré is the director of Employment and Labor Relations for the District. She has held that position for a little over two years and is responsible for handling the CBA and employee discipline, along with other duties. With regard to employee discipline, it is her office that investigates and maintains discipline files. After consultation with the Superintendent regarding his decision as to employee discipline, her office is responsible for drafting the notice of recommendation to the employee that the Superintendent signs. With regard to Respondent’s case, Ms. Evans-Paré testified that she is familiar with Ms. Turnbull’s discipline file. As a records custodian for Petitioner, she provided clear and uncontroverted testimony with regard to the CBA’s provisions for progressive discipline and skipping steps when there is either an immediate danger to the health, safety, and welfare of students or district and/or a flagrant and purposeful violation of the rules. As the director, she makes recommendations regarding discipline to the Superintendent, and she found that Ms. Turnbull had a history of making inappropriate comments to students and acting inappropriately and had previously been given warnings and reprimands; such that, skipping steps, to suspension, was warranted given that prior discipline was not having an effect at all on Respondent’s behavior. Ms. Evans-Paré further testified as to the past practice under the CBA relating to the use of a verbal reprimand with written notation relative to notice of previously given directives. The CBA refers to the personnel file in Article II, Section B, under Rights and Responsibilities. In that provision, it states that “no item can be used to the detriment of an employee unless it is a part of his/her personnel file.” The two verbal reprimands that were offered into evidence were not being offered for progressive discipline purposes, but as allowed under Article II, Section M - Discipline of Employees, as follows: 5. Only previous disciplinary actions which are a part of the employee’s personnel file or which are a matter of record as provided in paragraph #7 below may be cited. * * * Except in cases which clearly constitute a real and immediate danger to the District, a District employee, and/or a child/children or the actions/inactions of the employee clearly constitute flagrant or purposeful violations of reasonable school rules and regulations, progressive discipline shall be administered as follows: Verbal Reprimand with a Written Notation - Such written notation shall not be placed in the employee’s personnel file maintained at the District headquarters, but will be placed in a file at the school/department and shall not be used to the further detriment of the employee after twelve (12) months of the action/inaction of the employee which led to the notation. The written notification shall be maintained at the school site/department pursuant to the District’s Records Retention Schedule. Under the discipline section, the verbal reprimands are certainly a matter of record that is permitted to be cited to, and the phrase “to the detriment of the employee” that is in the section regarding the personnel file, was not included. The terms in the CBA regarding the verbal reprimand and personnel file are not ambiguous. Therefore, they must be given their ordinary meaning. Rivercrest Cmty. Ass’n, Inc. v. Am. Homes 4 Rent Props. One, LLC, 298 So. 3d 106, 111 (Fla. 2d DCA 2020). Respondent acknowledged that she was trained in the Code of Ethics and that she had received previous directives regarding appropriate interaction with students, failure to exercise best professional judgment, and insubordination. She further acknowledged that she had received the allegations against her in the pre-determination notice and packet. Respondent has a prior disciplinary history. Respondent received a Written Reprimand on or about February 24, 2004, while working at Addison Mizner Elementary School, for “actions that violated the Code of Ethics, Sections 2(a) and (e).” At the time, Respondent inappropriately addressed five students (three ESE students, one “504” student, and a “regular” education student) when she “withheld the Valentine’s Day classroom party” for “talking,” for “forgetting materials,” and for “being off task.” Respondent received a Written Reprimand on or about June 5, 2014, from the Office of Professional Standards at the District for violations of School Board policies: 5.002, Prohibition of Bullying and Harassment; 3.02, Code of Ethics; 3.01, Commitment to the Student, Principle I; and 1.013, Responsibilities of School District Personnel and Staff; as well as Florida Administrative Code Rules 6A-10.080, Code of Ethics for the Education Profession in Florida, and 6A-10.081, Principles of Professional Conduct for the Education Profession in Florida. At the time, Respondent “allowed the students to publicly assess their peers, deciding which students were creating a distraction, and which students were ‘hard-working.’” Respondent also “segregated’’ the students by sitting the “distracting” students in the back and also disparaging a student in front of the class ‘‘by suggesting that he should have learned certain skills when he was in kindergarten.” Respondent received a Written Reprimand on or about May 21, 2018, from the Office of Professional Standards at the District for “[failing] to exercise [her] best professional judgment, ethical misconduct, inappropriate interaction with students, and for failure to follow policy, rule, or directive.” At the time, Ms. Turnbull said “shut up” and “stupid” during work hours, and the students said they perceived it as being directed at them. Later on, during the Pre-Determination Meeting (PDM), Ms. Turnbull stated, “The District can go to hell,” while school administration recalled her saying “You go to hell.” Respondent received a Verbal Reprimand (Written Notation) on or about April 17, 2019, while working at Forest Hill, for her unprofessional conduct towards employees during duty hours and for failing to exercise her best professional judgment. At the time, an employee borrowed a Sharpie from Ms. Turnbull’s desk. Respondent reacted by addressing the employee “in a rude and confrontational manner” in the presence of “students and volunteers.” Later, Respondent “went after [the employee] again, continued berating her (disrespecting the personal space between both of [them]), and even mocked her.” The District’s process for determining the discipline to be imposed on Ms. Turnbull in this matter went through Ms. Evans-Paré, the director of Employee and Labor Relations for the District. She testified about the practices of her department and that Ms. Turnbull had received letters and notices of hearing, reassignments within the District, and a copy of the investigative report, which was prepared by another individual, who did not testify in the case. Ms. Evans-Paré testified that progressive discipline begins with a Verbal Reprimand with Written Notation for teachers. It then goes to Written Reprimand, suspension of any number of days, and then to termination. She believes that the employer can “jump steps” and that the CBA permitted that practice when there was “a real and immediate danger to the District, to students, to faculty, to adults, and then also if it’s a flagrant and purposeful violation of the rules.” She explained that steps were skipped in this case because of the nature of the allegation. Additionally, that it was a flagrant and purposeful violation. This is something that has been going on for years with making inappropriate comments to students, acting inappropriately. So[,] at a certain point you just move forward and progressive discipline, you can jump steps because the warnings, the other reprimands, they weren’t having any effect at all. And it was continually doing harm to students. Ms. Evans-Paré testified that the purpose of progressive discipline, and all the notices referenced in her testimony, is to ensure that the employee be told that an action is wrong and that the employee is not to repeat it, and to provide the opportunity to adjust his or her behavior accordingly. She admitted that its purpose was to give a person the opportunity to be advised that particular conduct was wrong and, therefore, be able to avoid it in the future. In her testimony, Ms. Evans-Paré stated that the recommendation of District administrators that went to the School Board in this case was for termination. She recommended termination, based on the fact that statements made by Respondent were to disabled ESE students, and what she termed the number of statements calling them “stupid” and “slow.” Ms. Evans-Paré claimed that Ms. Turnbull “did them over and over. Enough is enough.” Notwithstanding that testimony, Ms. Evans-Paré testified that only the School Board can suspend a teacher without pay. On cross-examination, she made it clear that pursuant to Florida Statutes, the ultimate decision maker concerning employee discipline, even beyond herself, is the Superintendent, and then, beyond him, the School Board. She did not testify as to any formal action taken by the School Board in this case and did not reference or provide any document which set forth any action by the School Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order finding that “just cause” exists to discipline Ms. Turnbull, by upholding her prior suspension, without pay, for 15-days, and restoring all benefits and back pay that have been lost/withheld since November 21, 2019. DONE AND ENTERED this 7th day of July, 2021, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us COPIES FURNISHED: Filed with the Clerk of the Division of Administrative Hearings this 7th day of July, 2021. Jean Marie Middleton, Esquire V. Danielle Williams, Esquire School District of Palm Beach County Office of the General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, Florida 33406-5869 Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Richard Corcoran Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Donald E. Fennoy, II, Ed.D., Superintendent School District of Palm Beach County 3300 Forest Hill Boulevard, Suite C-316 West Palm Beach, Florida 33406-5869 Mark S. Wilensky, Esquire Dubiner & Wilensky, LLC 1200 Corporate Center Way, Suite 200 Wellington, Florida 33414-8594
The Issue Whether Respondent's teaching certificate should be revoked or otherwise disciplined on grounds that he violated Section 231.28(1), Florida Statutes (1979), as alleged, by making sexual advances toward his female students on four separate occasions.
Findings Of Fact Based upon the evidence presented at hearing, including consideration of the validity and demeanor of witnesses, the following facts are determined: Respondent, Lawrence Longenecker ("LONGENECKER"), at all times material hereto held a Florida teacher's certificate: Certificate No. 283801, Post Graduate, Rank II, valid through June 30, 1986, covering the areas of secondary biology, junior high science, guidance, and junior college. (Joint Exhibit 1.) LONGENECKER was employed as a science teacher at Madeira Beach Middle School, a public school in Pinellas County, Florida, during the 1976-1977 and 1977-1978 school years, until his resignation in January, 1978. (Joint Exhibit 1.) I. Longenecker's Sexual Advances Toward Three Female Students The COUNCIL alleged, and has established that LONGENECKER made sexual advances toward three (3) female students on four separate occasions. The first incident occurred during the early morning of January 1, 1977. Robin Hamilton, an eighth grade student of LONGENECKER's at Madeira Beach Middle School, had just finished babysitting for LONGENECKER on the evening of December 31, 1976. While driving her home, LONGENECKER stopped behind a Publix Supermarket across from Madeira Beach Middle School, and asked her if he could "take her up on her offer", referring to his missing a chance to kiss her during a friendly mistletoe Christmas celebration at school earlier in the day. Thinking little of it, she said "okay"; he then kissed her. Five minutes later, he said, "What about one for the good luck of next year--in ninth grade?", and kissed her again. She let him. He then continued driving her home, but took a longer route than required. She told him, "This isn't the right way" home, and he answered, "Don't worry about it, I'll take you home." He then kissed her on the lips, again, putting his arms around her and pulling her closer. She became scared, and insisted he take her home, which he then did. She reported the incident to her parents the next day, and they insisted she tell the school principal; she then reported the incident to John Larson, the assistant principal. LONGENECKER denies having made these advances toward Miss Hamilton. However, her demeanor was direct and detached; she evinced no bias, interest, or motive to falsify, and her testimony is accepted as persuasive. (Testimony of Hamilton.) The second incident involved LONGENECKER and Elizabeth Karen James, another eighth grade student at Madeira Beach Middle School. He taught science, and she was his student assistant who helped prepare the laboratory, grade papers, and take roll. During January or February, 1977, she was working alone in the back room of the science laboratory; she had her face toward the wall and was leaning against a table. LONGENECKER, while attempting to show her something, leaned heavily against her--the lower part of his body pressing against her lower back side--and placed his hands on her shoulders. The continued pressure of his body against hers--for 2 to 3 minutes--made her scared. While this was going on, he continued to instruct her on preparing the lab for the next day. She waited until he was through and then quickly left the room. Later, she reported the incident to her parents. Approximately 2 to 3 weeks later, the third incident occurred when she was, again, working in the laboratory, and standing two feet from the door. She was leaning against the counter; he came up behind her and leaned heavily against her, in the same manner as he had done previously. She became scared, turned around, and tried to leave. He took her hand, and asked her to remain because he wanted to show her something else. LONGENECKER denies having made sexual advances toward Miss James. However, her testimony was not tainted by bias, intent, or motive to falsify; she evidenced no ill-will or hostility toward LONGENECKER, and her testimony is accepted as persuasive. (Testimony of James.) In February or March, 1977, Miss Hamilton and Miss James separately reported the above incidents, involving LONGENECKER, to John Larson, the school's assistant principal. Larson spoke with Dr. Robert Moore, the principal, and they both met with LONGENECKER to discuss the complaints. Dr. Moore expressed his concern over the alleged behavior and explicitly warned LONGENECKER that such conduct was unethical and jeopardized his teaching position. LONGENECKER neither admitted or denied the accusations, but listened, quietly. (Testimony of Moore, Larson, Longenecker.) The fourth incident occurred approximately nine (9) months later, on or about December 3, 1977, and involved Sharon O'Connell, a ninth grade student at Madeira Beach Middle School. LONGENECKER was her science teacher; she was a good student and liked him as a teacher. On the evening of December 3, 1977, Miss O'Connell was babysitting for LONGENECKER. LONGENECKER and his wife returned home at approximately 12:30 a.m., and he drove her home. Instead of taking her directly home, he took her to Madeira Beach Middle School, ostensibly to "pick up something." (Tr. 87.) When they arrived, he took her on a tour of new buildings that were being constructed at the school. It was a cold evening, and he put his arm around her, as if to keep her warm. He moved closer to her, as she was leaning against a wall, and pressed his lower body against her buttocks area. At the same time, he put his hands underneath her arms and rubbed her breasts. She tried to tighten her arms, and became scared; he acted like nothing out of the ordinary was occurring, and continued to talk of the construction work. They then walked to another area of the school, where he leaned her against a door, and repeated his earlier conduct--pressing his lower front against her buttocks and fondling her breasts. He was breathing heavily, and Miss O'Connell was embarrassed and scared. She then pulled away, and asked him to take her home. After several requests, he complied. She reported this incident to her parents, who immediately contacted the Superintendent of Schools. LONGENECKER denies having engaged in this conduct toward Miss O'Connell. Her testimony is, however, accepted as persuasive; she was visibly embarrassed by having to describe this incident, but expressed no hostility toward LONGENECKER; indeed, she indicated sympathy for his plight. (Testimony of O'Connell.) II. Effect of Incidents Upon Longenecker's Effectiveness as a School Board Employee After the incident involving Miss O'Connell was reported, LONGENECKER was called to Dr. Moore's office and confronted with the accusation. LONGENECKER neither admitted, nor clearly denied, the accusation. He was asked to resign immediately, which he did. Since that time, he has held several jobs in commercial establishments, and his efforts to find work as a teacher have been unsuccessful. (Testimony of Moore, Larson, Longenecker.) LONGENECKER's complained-of actions toward the three female students seriously reduces his effectiveness as a teacher at Madeira Beach Middle School and the immediate area. His misconduct has become generally known to faculty members, students, and their families, and his reemployment as a teacher at Madeira Beach would be opposed by parents and students. (Testimony of Moore.)
Conclusions Respondent is guilty, as alleged, of violating Section 231.28(1), Florida Statutes (1979). Due to the repetitive nature of his misconduct and the prior practice of the Board of Education in cases such as this, Respondent's teaching certificate should be permanently revoked.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Lawrence LONGENECKER's teaching certificate No. 283801 be permanently revoked. DONE AND ENTERED this 25th day of November, 1980, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue Did Respondent leave the Southside Middle School campus without permission in the 1989-90 school year; in that same year, did Respondent make a threatening complaint in writing to Vice Principal, Peggy Williams; in that same year, did Respondent fail to submit a written report of a fight between students; did Respondent use profanity in the school year 1990-91 while employed at Southside Middle School; did Respondent leave campus without permission and leave his classes unattended in the school year 1991-92 while employed at Lake Shore Middle School; did Respondent engage in inappropriate conduct with students by grabbing a male student, M.F., by the shoulders and squeezing that student's shoulders and making that student go to his knees in the school year 1992-93 while employed at Lake Shore Middle School; did Respondent in that same year grab and hit A.H. in the chest and in the stomach; did Respondent in that same year pull the student, J.W.'s ear; did Respondent in that same year plan a field trip to Walt Disney World, Florida, without approval from the Duval County School District; did Respondent fail to follow district procedures for purchasing t-shirts and sweatshirts for students; did Respondent in the school year 1993-94 while employed at the Lake Shore Middle School fail to comply with guidelines in submitting a "no show" list related to student attendance; and did Respondent engage in profanity in the presence of students in that same year?
Findings Of Fact At times relevant to the inquiry Respondent has held Florida teaching certificate number 638543 covering the areas of health, biology, and physical education. In the fall of 1989, Respondent began employment with the Duval County, Florida, School Board in a teaching position at Southside Middle School. While serving as a teacher at Southside Middle School, Respondent broke up a fight between two students that was occurring in a hallway. Following the incident his obligation was to file a written report detailing the facts. That report was due immediately. The Respondent had to be reminded twice before rendering the report. The report was rendered before the students met with a school hearing officer to resolve the incident. In the fall of 1991, Respondent voluntarily transferred to an assignment at Lake Shore Middle School. That school is also part of the Duval County School District. On one occasion while Respondent was employed at Lake Shore Middle School, Timothy Hamel, another teacher at that school, observed that Respondent's class had been left unattended from approximately 3:40 p.m. until 4:00 p.m. On another occasion, while Respondent was employed at Lake Shore Middle School, Respondent left campus at a time when he did not have classes and did not return until after school had concluded for the day. As a consequence, he missed instruction periods for some classes that he was responsible for teaching. This circumstance was established through testimony from Arlene Guthrie, Assistant Principal for Curriculum at Lake Shore Middle School. The proof submitted at hearing did not satisfactorily demonstrate that the Respondent had made arrangements to cover classes which he missed on this occasion. In the spring of 1993, Respondent was interested in taking some students on a field trip to Walt Disney World, Florida. A conversation was held between the Principal at Lake Shore Middle School and the Respondent concerning this field trip. The principal was persuaded that it was too late in the year to schedule a field trip. Nonetheless, Respondent replied that he was going on the field trip and would rent a van on his own to transport the students, separate and apart from school sanctioned transportation. In the conversation concerning the field trip, the principal asked Respondent if he had obtained parent/guardian permission slips for the students to attend the outing. Respondent replied in the affirmative. A permission information sheet directed to the parents or guardians pertaining to the nature of the field trip was prepared on the Lake Shore Middle School letterhead and signed by Respondent, as sponsor for a school club known as Manhood, Achievement, Community Service. That information sheet indicated that the trip would take place on May 28-30, 1993. Further, it indicated that expenses would be taken care of, except for meals and spending money for the students. The correspondence went on to indicate that the parents or guardians would be informed of the hotel address after receipt of confirmation of room reservations. The information sheet indicated the departure and return time. Respondent confirmed the knowledge of the parents about those details by having them sign the information sheet. As discussed between Respondent and the principal, there was no mention in the information sheet about Respondent arranging for transportation on his own by renting a van. When the principal asked Respondent about the duration of the trip, Respondent indicated that it was more than a single-day trip. The principal wanted to know if Respondent had made arrangements for a place to stay. At that time, Respondent replied that no such arrangements had been made but that Respondent would obtain a place to stay. The principal was not convinced that the parents and guardians were sufficiently apprised of the nature of this outing and told Respondent that Respondent could not take the trip. After the conclusion of the conversation between the Respondent and the principal, Respondent still insisted that he was going on the field trip to Walt Disney World. In the conversation between the principal and Respondent concerning the field trip, the issue related to the payment for the trip was addressed. The principal was concerned that there was not enough money to pay for the trip and asked the Respondent how the balance of the money was to be paid. Respondent replied that the parents would pay. When the principal asked if Respondent had consulted with the parents concerning this additional cost, the answer was no. The conference between the principal and Respondent was held two or three days before the trip was to take place. When it became obvious that the school district, from the principal's perspective, did not wish to sanction the trip, matters were left in the posture that if the Respondent wanted to go on the trip as an adult in charge of those children, then that arrangement would have to be carried out between Respondent and the parents. In that setting of a private trip the school district did not want the Respondent to create the appearance that the trip was a trip sanctioned by the school district. Eventually correspondence was given to the Respondent from Gerlieve R. Oliver, Assistant Superintendent, Middle Schools, Duval County School System, confirming that the Respondent did not have permission to take an official school trip to Disney World. The correspondence also informed the Respondent that he could not take a non-school related trip, given that the written communications to parents concerning the trip was made on school letter head, thus creating the appearance of being a school sponsored trip. This appearance caused the school district to instruct the Respondent that he could not take a non-school trip either. This communication dated May 26, 1993, informed the Respondent that the parents or guardians of the students who were to be taken on the trip would be made aware of the telephone conversation between the Respondent and Ms. Oliver concerning the field trip. The conversation between Respondent and Assistant Superintendent Oliver was instigated by Respondent. It is that telephone conversation that led to the preparation of the correspondence. The correspondence from the assistant superintendent to the Respondent reminded the Respondent that if he failed to follow the directions that he might put himself in jeopardy concerning employment with the district and admonished Respondent to be more careful in adhering to directions. The correspondence from Ms. Oliver to Respondent also mentioned that if Respondent were more careful about following procedures in the future that this would result in the Respondent being able to provide opportunities for his students. This is taken to mean opportunities such as field trips. While Respondent was employed at Lake Shore Middle School there was a policy related to what is referred to as a "no show" list. In particular, at the commencement of the school year a given school counts the number of students in attendance as a means of determining the amount of money the school is entitled to for conducting its operations. The expectation is that the individual school teacher will document this count by calling a roll each day and turning in a slip to the administrative offices verifying the students who did not attend school on that day. Respondent did not comply with that requirement. While Respondent was teaching at Lake Shore Middle School an incident occurred between male students K.A. and M.F. in the school lunch room. K.A. and M.F. were arguing. Respondent came over and broke up the argument by grabbing both of the students by their respective shoulders. On two other occasions while Respondent was in the lunch room with the students, he grabbed A.H. around the neck in the first encounter and the second encounter grabbed that student by the shoulder. When Respondent grabbed A.H. around the neck the student winced and frowned. The reason for that initial encounter between the Respondent and A.H. is not clear. On the second occasion Respondent grabbed A.H. by the shoulder, A.H. had similar expression in that he winced and frowned. Again it is unclear concerning the reason for Respondent's actions. In the experience of K.A., while attending a class taught by Respondent, he observed Respondent curse in class on a somewhat frequent basis. That frequency was as much as four times a day, three days a week. On one occasion K.A. observed Respondent grab D.A. around the neck and tell D.A. to sit down or Respondent was going to be "kicking his fucking ass." Other curse words that K.A. heard the Respondent use were words like "ass", "damn", and "asshole". According to Ms. Guthrie, an expert in education, cursing in front of students, using inappropriate discipline such as grabbing necks and shoulders of students and leaving the class unattended on more than one occasion, constitutes a circumstance in which the Respondent has lost his effectiveness as a teacher. That opinion by Ms. Guthrie is accepted.
Recommendation Based on the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED that a Final Order be entered finding Respondent in violation of the four counts in the Administrative Complaint and suspending the Respondent's teaching certificate for thirty (30) days. DONE AND ENTERED this 24th day of March, 1995, in Tallahassee, Florida. CHARLES C. ADAMS 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 24th day of March, 1995. COPIES FURNISHED: Nathan L. Bond, Esquire 2121 Killarney Way, Suite G Tallahassee, Florida 32308 J. David Holder, Esquire 1408 Piedmont Way Tallahassee, Florida 32312 Steven A. Williams 6200 South Barnes Road, P-20 Jacksonville, Florida 32216-5633 Karen Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
