The Issue Whether Respondent, Virginia Bryan Martin, is guilty of the acts alleged in the Administrative Complaint dated April 16, 2007, and, if so, should her Florida Professional Educator's Certificate be disciplined.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Respondent holds Florida Professional Educator's Certificate No. 624273, covering the areas of educational media specialist, elementary education, middle grades integrated curriculum, family and consumer science, and exceptional student education. During all times material to the allegations of misconduct, Respondent was employed at Brandon Alternative School in the Hillsborough County School District. In the early morning hours of April 25, 2004, Respondent was arrested for DUI by Officer Michael Smith of the Lakeland Police Department. Officer Smith videotaped Respondent's erratic driving and the following police stop. The videotape and testimony revealed that Respondent was driving her automobile while under the influence of alcohol. Although initially denied, Respondent acknowledged coming from a bar. She was abusive and threatening to the officer and her daughter, who arrived on the scene of Respondent's arrest. Respondent's conduct was, in short, reprehensible. On November 5, 2004, Respondent was charged with DUI incidental to a motor vehicle accident that occurred in Lakeland, Florida. Both vehicles were damaged to such an extent that they were not drivable. Respondent was charged with careless driving, in addition to DUI. At the hearing, Respondent admitted that prior to the accident, she had drunk so much that she was "feeling no pain." In addition, she minimized the accident, denied fault, and denied that she had been charged with a driving infraction. The November 5, 2004, DUI accident occurred while the legal resolution of the April 25, 2004, DUI was still pending. Respondent's judgment and veracity are subject to serious question. Respondent pled nolo contendere to a reduced charge of reckless driving on the April 25, 2004 DUI. On the November 25, 2004 DUI, she pled nolo contendere. The court found her guilty of DUI. She was sentenced to a treatment program, served 25 days in jail, paid $732.50 in fines and costs, and attended a DUI and Victim Impact Class. Nothing offered by Respondent as mitigating her behavior is accepted as credible.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, John L. Winn, Commissioner of Education, issue a final order finding that: Count 1 be dismissed; Respondent be found guilty of Counts 2 and 3; and Respondent's Florida Professional Educator's Certificate be placed on probation for 24 months, during which time she will be subject to rehabilitative conditions, as determined appropriate by the EPC. DONE AND ENTERED this 13th day of February, 2008, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 13th day of February, 2008. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Edward Gay, Esquire 1516 East Concord Street Orlando, Florida 32803 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012
Findings Of Fact Respondent is a non-instructional employee of the School Board and has been employed by the School Board of Brevard County for approximately nine (9) years. Respondent is a small engine mechanic and is assigned to the Maintenance Division of the School Board. Respondent's duties are to repair and maintain lawnmowers, edgers and other equipment in the North and Central areas of the Brevard County School District. Respondent was assigned School Board Vehicle No. 271 for transportation during working hours. Vehicle No. 271 is a pickup truck with distinctive School Board markings and a county government license tag. No other person was assigned the use of Vehicle 271. Three (3) sets of keys were maintained for Respondent's vehicle. One set was assigned to Respondent, one set is kept by the Maintenance Division in a key locker and one set is kept by the School Board Vehicle Maintenance Shop on State Road 520 in Cocoa, Florida. On or about February 27, 1989, Leon Cowling, Assistant Superintendent for Facilities and Support Services received a telephone call from Assistant Superintendent, Jerry Copeland, concerning Vehicle 271. Mr. Copeland had been contacted by two civilian employees from Patrick Air Force Base who stated that on or about February 22, 1989, they had seen Vehicle No. 271 in the Cape Canaveral area being driven in an erratic manner by a person holding a pistol and a large amount of cash. Mr. Cowling telephoned the Maintenance Department and relayed this information to Johnny Romans, Maintenance Coordinator, who confirmed that Vehicle 271 was assigned to Respondent and was parked in the maintenance yard. Respondent was on sick leave that day and Cowling asked Romans to secure the truck. Romans checked Vehicle 271 and found it locked. He went to the key locker for the extra set of keys but found them missing. Romans then called the Vehicle Maintenance Shop for their set of keys but those keys were also missing. Romans decided to take the matter up with his supervisor, Henry Hartrich, the next day and left Hartrich a memo on the incident. On or about February 28, 1989, Henry Hartrich returned to work from a conference and read the memo. Hartrich looked in the locked vehicle and observed several key rings and keys hanging on knobs on the dash board and on the console. Hartrich asked the locksmith, Bob Dunkinson, to open the vehicle and bring him all keys found inside. Dunkinson unlocked the vehicle and delivered the keys to Hartrich. Hartrich then asked Dunkinson to identify the various keys found in the vehicle. Dunkinson identified the keys and determined that one ring contained keys to the truck, as well as, keys to Mr. Hartrich's office, Mr. Buckner's office, Bobby Young's office, the warehouse, and the big forklift in the maintenance yard. Respondent was not assigned any of these keys except the truck keys. On March 6, 1989, a meeting was scheduled by the Maintenance Division to discuss the reported sighting of Respondent with a handgun and money in the School Board vehicle. Present at the meeting were the two civilian employees from Patrick Air Force Base who reported the incident, Mr. Cowling, Mr. Hartrich, Mr. Romans, Mr. Buckner and Respondent. At the meeting, Respondent was identified by the Air Force employees as the person they observed in Vehicle 271. Respondent denied having a handgun or cash in the vehicle. The Air Force employees were dismissed from the meeting and Mr. Hartrich then confronted Respondent with the keys found in his School Board vehicle. At first Respondent denied the keys were his, but then admitted that they were. Mr. Cowling suspended Respondent for the remainder of March 6 and March 7 with pay. On March 8, 1989, Respondent was recommended for termination of employment for misconduct for having unauthorized keys in his possession and suspended without pay. The School Board's Maintenance Division is entrusted with millions of dollars of equipment, tools and other public property. Theft of School Board property from the Maintenance Division is a serious problem and access to the areas where the property is stored is strictly controlled. Keys to the equipment storage areas and offices in the Maintenance Division are assigned only to those employees who require access to these areas. Respondent was not assigned the keys to the offices in the Maintenance Division or the warehouse and forklift. He had no reason to have those keys in his truck. Respondent's possession of the unauthorized keys was a serious violation of School Board policy. There have been documents and property stolen from the Maintenance Division in the past several years. The area from which these items were taken were secured by lock and key. Keys to the offices of Mr. Buckner, Mr. Hartrich, and the warehouse were among those discovered in Respondent's vehicle. The unauthorized keys in question were in Respondent's locked vehicle. Respondent was not assigned these keys or authorized to have them in his possession. Respondent was the only person who drove Vehicle 271. There was no evidence presented that any other person had the opportunity or motive to place the keys in Respondent's truck. Respondent did not present any evidence that showed the existence of a conspiracy by his immediate supervisor, Ed Buckner, or others to place the keys in his truck or to cause his termination from employment. Neither the Respondent's testimony nor that of his witnesses showed bias against the Respondent nor motive on the part of any of his supervisors to conspire against him.
Recommendation Based on the findings of fact and conclusions of law set forth herein, it is recommended that Respondent's suspension, effective March 8, 1989, be upheld and that he be terminated from employment with the School Board of Brevard County. DONE AND ENTERED this 30th day of November, 1989, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 30th day of November, 1989. COPIES FURNISHED: Burton J. Green, Esquire Post Office Box 320087 Cocoa Beach, Florida 32932-0087 William C. Walker, Jr., Esquire 1260 S. Florida Avenue Rockledge, Florida 32955 Harold T. Bistline, Esquire Building I, Suite 10 1970 Michigan Avenue Cocoa, Florida 32922 Abraham L. Collinsworth Superintendent School Board of Brevard County 1260 S. Florida Avenue Rockledge, Florida 32955 Hon. Larry C. Williamson, Chair School Board of Brevard County 1260 S. Florida Avenue Rockledge, Florida 32955
The Issue Whether it is appropriate for Petitioner to discipline Respondent's Florida educator's certificate for acts alleged in Petitioner's Administrative Complaint dated May 28, 2009.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Respondent holds Florida Professional Educator's Certificate No. 999830, covering the area of elementary education, which is valid through June 30, 2010. Petitioner is the head of the state agency responsible for certifying and regulating public school teachers in Florida. On August 1, 2008, Respondent was operating a motor vehicle in which her three children were passengers in Pasco County, Florida, in an erratic manner, causing law enforcement officers to stop the vehicle. Upon stopping Respondent’s vehicle, the law enforcement officers observed Respondent exhibiting multiple indicators of impairment. Respondent advised the law enforcement officers that she was taking five prescription medications: Soma, Clonazepam, Oxycondone, Prozac, and Fentanal. Respondent was arrested for driving under the influence and taken to a local hospital for medical clearance. She was subsequently booked at the Land O'Lakes Detention Center. On November 20, 2008, Respondent entered a plea of no contest to an amended charge of reckless driving. The law enforcement officers presented clear and convincing evidence that Respondent operated a motor vehicle while impaired by prescription medications.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Tina Ramette Adams, be found not guilty of violating Subsections 1012.795(1)(d) and (f), Florida Statutes, and that no disciplinary action be taken. DONE AND ENTERED this 18th day of February, 2010, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 18th day of February, 2010.
The Issue The issue presented in DOAH Case No. 13-2051 is whether the allegations of the Administrative Complaint filed by the Department of Children and Families (Petitioner) against Wanda Williams, owner and operator of Mini Miracles Children's World Daycare Center (Respondent), are correct, and, if so, what penalty should be imposed. The issue presented in DOAH Case No. 13-2798 is whether the Petitioner should approve the Respondent's application to renew the license to operate a child care facility.
Findings Of Fact At all times material to these cases, Wanda Williams operated Mini Miracles Children's World Daycare Center located at 1712 West Chase Street, in Lakeland, Florida, under Florida license no. C10PO0769. At the time of the hearing, the status of the license was "provisional." DOAH CASE NO. 13-2051 Improper Transportation of Children The Administrative Complaint filed in DOAH Case No. 13-2051 alleges that the Respondent has transported children attending the child care facility in an unsafe manner and in violation of a written commitment from the Respondent to refrain from providing transportation under the license. Section 402.305(10), Florida Statutes (2012), and Florida Administrative Code Rule 65C-22.001(6)(d) limit the number of individuals being transported in a vehicle on behalf of a child care facility to the number of seat belts present in the transportation vehicle. The Respondent was previously cited for such transportation issues in an Administrative Complaint dated October 21, 2011, related to the Respondent's operation of another licensed child care facility. The Respondent did not contest the allegations and paid an administrative fine. The Respondent also executed a written commitment dated June 27, 2012, wherein she committed to refrain from providing transportation to children attending the facility. Based on the previous litigation, the Respondent was aware that transporting children in a number exceeding the appropriate capacity of a vehicle based on the number of seat belts or child safety restraints in the vehicle was not acceptable. Nonetheless, on more than one occasion while operating the child care facility under the license at issue in this proceeding, the Respondent transported children in an unsafe manner, or directed an employee to transport children in an unsafe manner, by placing more than one child into a seat belt and exceeding the seating capacity of vehicles. An employee of the Respondent who worked at the facility testified at the hearing that Ms. Williams had directed her to transport more children than were seat-belted positions in a vehicle by placing more than one child into a single seat belt. Although the employee knew the practice was unsafe, she complied with the Respondent's direction. Her testimony has been fully credited. During the Petitioner's investigation of the transportation issue, the Respondent initially denied the allegation, but subsequently acknowledged that children had been transported in the manner described. Failure to Employ a Credentialed Director Section 402.305(3) and rule 65C-22.003(8) require that a licensed child care facility employ an appropriately credentialed director. During an inspection conducted by the Petitioner on August 29, 2012, the Respondent was operating without having a credentialed director. Although the Respondent suggested a credentialed director had been employed until the day prior to the inspection, the evidence failed to support the assertion. Although the Respondent asserted that attempts were made to employ a credentialed director, the evidence established that the Respondent failed to employ a credentialed director and routinely operated without a credentialed director. Failure to Maintain Screening Documentation 11. Section 402.305(2)(a) and rule 65C-22.006(4)(d) require that the staff of a child care facility be subjected to "Level 2" background screening prior to employment and that the facility retain documentation that such screening has occurred. 12. During an inspection on October 9, 2012, the Respondent was unable to document that one of the staff members had passed the appropriate background screening process. During an inspection on October 22, 2012, the Respondent was still unable to document that the staff member had passed the appropriate background screening process. DOAH CASE NO. 13-2798 Failure to Maintain Documentation of Staff Training 13. Section 402.305(2)(d) and rule 65C-22.003(2)(a)1. require that all child care personnel must complete a specified introductory training course within 90 days of commencing employment at a child care facility and that the Respondent retain documentation that such training has occurred. During an inspection on October 22, 2012, the Respondent was unable to document that two of the staff members had completed the required training. During inspections on April 23 and June 12, 2013, the Respondent was still unable to document that staff members had completed the training. Failure to Maintain Screening Documentation As stated previously, the staff of a child care facility is required to undergo "Level 2" background screening prior to employment, and the facility is required to retain documentation that such screening has occurred. During inspections on April 23, May 21, and June 12, 2013, the Respondent was unable to document that all staff members involved in providing child care had passed the appropriate background screening process, a deficiency that had existed since inspections conducted in October 2012. Failure to Comply With Staffing Ratios Section 402.305(4) and rule 65C-22.001(4) establish minimal child care facility staffing requirements based on the number and age of children who are attending a child care facility. During inspections on May 21 and June 12, 2013, the Respondent did not have sufficient staff present to meet the requirements based on the number and age of children present at the facility during the inspection. This deficiency had been identified during an inspection on August 29, 2012. Child Sleeping in "Bouncer Seat" Rule 65C-22.002(5) establishes specific requirements related to the equipment that must be provided by a child care facility to permit children to nap or sleep. The rule requires that children up to one year of age be placed in individual cribs, portacribs, or sided-playpens. During an inspection conducted on May 21, 2013, an infant was observed sleeping in a "bouncer" seat, contrary to the specific provisions of the rule. This deficiency had been identified during an inspection on October 9, 2012. Failure to Post Menus Rule 65C-22.005 establishes specific requirements related to the provision of food by a child care facility. Such requirements state that at the beginning of each week, a child care facility must post menus of meals and snacks available to the children during the week. During inspections on June 12 and June 14, 2013, the required menus were not posted by the Respondent. This deficiency was identified during two inspections conducted in October 2012. Providing Fraudulent Information to DCF The Administrative Complaint alleged that the Respondent twice provided fraudulent information to the Petitioner related to the identification of the credentialed facility director. The allegation was not supported by competent evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a final order revoking the license at issue in this proceeding and denying the Petitioner's application to renew the referenced license. DONE AND ENTERED this 4th day of February, 2014, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 4th day of February, 2014. COPIES FURNISHED: Esther Jacobo, Interim Secretary Department of Children and Families Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Marion Drew Parker, General Counsel Department of Children and Families Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory D. Venz, Agency Clerk Department of Children and Families Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Cheryl Dianne Westmoreland, Esquire Department of Children and Families 1055 U.S. Highway 17 North Bartow, Florida 33830-7646 Arthur C. Fulmer, Esquire Fulmer and Fulmer, P.A. 1960 East Edgewood Drive Lakeland, Florida 33803-3471
