13-000740PL
Tony Bennett, As Commissioner Of Education vs.
Alexander Roy
Status: Closed
Recommended Order on Friday, August 2, 2013.
Recommended Order on Friday, August 2, 2013.
1Case No. 13-0740PL
4STATE OF FLORIDA
7DIVISION OF ADMINISTRATIVE HEARINGS
11TONY BENNETT, AS COMMISSIONER OF
16EDUCATION,
17RECOMMENDED ORDER
19Petitioner,
20vs.
21ALEXANDER ROY,
23Respondent.
24/
25On July 2, 2013, a duly-noticed hearing was conducted in
35Tallahassee, Florida, with arrangements for Respondent to appear
43by telephone, by Lisa Shearer Nelson, an administrative law judge
53assigned by the Division of Administrative Hearings.
60APPEARANCES
61For Petitioner: J. David Holder, Esquire
67387 Lakeside Drive
70Defuniak Springs, Florida 32435
74For Respondent: No appearance
78STATEMENT OF THE ISSUE
82The issue to be determined is whether Respondent, Alexander
91(n), Florida Statutes (2011). If violations are found, the
100appropriate penalty must be determined.
105PRELIMINARY STATEMENT
107On October 24, 2012, Petitioner, as Commissioner of
115Education, filed an Administrative Complaint against Respondent,
122Florida Statutes. The factual allegations forming the basis for
131the charges against Respondent are that he was convicted of one
142count of Enticing and Attempting to Entice a Minor to Engage in
154Sexual Activity in violation of 18 U.S.C. section 2422(b) and
164four counts of Possession of Child Pornography in violation of 18
175U.S.C. section 2252(a)(4)(B). Respondent filed an Election of
183Rights form disputing the allegations in the Administrative
191Complaint and requesting a hearing pursuant to section 120.57(1),
200Florida Statutes. On February 27, 2013, the case was forwarded
210to the Division of Administrative Hearings for assignment of an
220administrative law judge.
223Respondent is currently incarcerated in Arizona. He
230apparently has no access to Florida legal documents, and argued
240repeatedly that this lack of access required a continuance of
250this case until no sooner than 30 days after his appeal to the
263Eleventh Circuit Court of Appeals is complete. Respondents
271request for a continuance on this basis was denied; however,
281copies of the relevant statutes identified in the Administrative
290Complaint as well as the Uniform Rules and Florida Rules of Civil
302Procedure related to discovery were provided to him.
310Motion practice in this case was extensive. The motions,
319responses, and rulings related to these motions are readily
328available on the docket.
332The case was originally scheduled for hearing May 9, 2013.
342However, on May 1, 2013, the case was continued and on May 16,
3552013, it was rescheduled for July 2, 2013, with arrangements for
366Respondent to participate by telephone.
371On June 24, 2013, Petitioner filed a Motion to Amend
381Administrative Complaint to Update Caption and Correct
388Scriveners Error, which was granted by Order dated June 24,
3982013. The Amended Administrative Complaint was filed with the
407Division on June 25, 2013. The style of the case is amended to
420reflect Tony Bennett as Commissioner of Education.
427On July 2, 2013, the hearing commenced as scheduled. Prior
437arrangements were made for Respondent to call in to a meet-me
448teleconference number; however, he did not do so. A recess was
459taken to inquire of prison officials whether Respondent was still
469available. While trying to reach Counselor Pino, Respondents
477classification officer at the facility, Division staff received a
486phone call from the classification officer stating that
494Respondent had declined to participate in the hearing. A second
504telephone call was placed to the facility from the hearing room,
515and Counselor Pino confirmed that he had spoken with Respondent
525that morning and that Respondent indicated that he did not intend
536to participate in the proceeding. The undersigned inquired
544whether there was any impediment to Respondents participation
552caused by his incarceration and was informed that there was not.
563Notwithstanding Respondents decision, Petitioner elected to
569present his case. No witnesses were called to testify, however,
579Petitioners Exhibits 1-3 were admitted into evidence.
586Petitioners Exhibits 2 and 3 are the depositions of Detective
596Charlie Longson and Maurice Bonner, respectively. Respondent did
604not appear for either deposition. The depositions were noticed
613on April 8, 2013, and took place April 18 and 19.
624On April 29, 2013, Respondent requested copies of the
633depositions, and Petitioner supplied the depositions to
640Respondent on April 30, 2013. No motion for protective order was
651filed prior to the taking of the depositions, and no objection
662was entered with respect to their admissibility before, during,
671or after the hearing. Accordingly, both depositions have been
680admitted and have been considered in the preparation of this
690Recommended Order.
692The Transcript of the hearing was filed with the Division
702July 19, 2013, making the deadline for filing proposed
711recommended orders July 29, 2013. Petitioner filed his Proposed
720Recommended Order on July 23, 2013. To date, no post-hearing
730submission has been filed by Respondent.
736All references are to the 2011 version of the Florida
746Statutes unless otherwise indicated.
750FINDINGS OF FACT
7531. Respondent holds Florida Educator Certificate 1035877,
760covering the areas of mathematics, middle grades integrated
768curriculum, and social studies, which is valid through June 2015.
7782. At all times material to the allegations in the
788Administrative Complaint, Respondent was employed by the
795St. Lucie County School Board (SLCSB) as a mathematics teacher at
806Manatee Elementary School, also known as Manatee K-8 School.
8153. On or about January 13, 2012, Respondent was arrested in
826Osceola County, Florida, as the result of allegations that
835Respondent used an internet provider and knowingly persuaded,
843induced, enticed and coerced an individual who had not attained
853the age of eighteen years, to engage in sexual activity.
8634. The allegations were based on the probable cause
872affidavit of Kevin Kulp, Special Agent for the Florida Department
882of Law Enforcement, who worked on the undercover operation giving
892rise to Respondents arrest, which stated that Respondent
900contacted a person on-line that he believed to be the mother of a
91313-year-old girl in order to have sex with both the mother and
925police officers.
9275. As a result of Respondents arrest, a search warrant was
938executed to search Respondents residence in St. Lucie County,
947Florida. According to Detective Longson, the search revealed
955that Respondent possessed approximately 75-100 images of minors
963engaged in explicit sexual conduct. The analysis of the
972information seized at Respondents home also included photos and
981videos of a teenage girl, approximately 16 years old, engaged in
992explicit sexual acts with Respondent.
9976. On January 17, 2012, as a result of his arrest,
1008Respondent was placed on temporary duty assignment at his home.
10187. On or about March 5, 2012, Respondent was charged by
1029indictment with one count of Enticing and Attempting to Entice a
1040Minor to Engage in Sexual Activity in violation of 18 U.S.C.
1051§ 2422(b), and four counts of Possession of Child Pornography in
1062containing the same charges was filed May 31, 2012.
10718. On March 27, 2012, he was suspended without pay by the
1083SLCSB because of the federal criminal charges against him. On
1093April 10, 2012, Respondent was terminated from his employment by
1103the SLCSB, based upon his inability to report for work because of
1115his imprisonment.
11179. On or about June 15, 2012, Respondent was tried in
1128federal court before a jury. He was found guilty of all five
1140counts.
114110. On September 12, 2012, United States District Court
1150Judge K. Michael Moore adjudicated Respondent guilty on all five
1160counts, and sentenced him to life in prison as to Count 1, and
1173120 months of incarceration as to each of Counts 2 through 5,
1185with the penalty for all five counts to be served concurrently.
1196Upon release, Respondent is to be placed on probation for life, a
1208condition of which is to comply with the requirements of the Sex
1220Offender Registration and Notification Act (42 U.S.C. § 16901. et
1230seq. ), as directed by the probation officer, the Bureau of
1241Prisons, or any state sex offender agency in a state in which he
1254resides, works, is a student, or was convicted of a qualifying
1265offense.
126611. Also included in the Special Conditions of Supervision
1275are that Respondent may not possess or use any computer, with the
1287exception of pre-approved use in connection with authorized
1295employment; that Respondent shall not have personal, mail,
1303telephone, or computer contact with children under the age of 18;
1314that Respondent shall not be involved in any childrens or youth
1325organization; and that Respondent shall participate in a sex
1334offender program.
133612. Respondents arrest, prosecution, and conviction were
1343covered by the media, in the newspaper and on the radio,
1354television, and internet.
135713. Respondents conviction significantly impairs
1362Respondents effectiveness as a teacher in the community.
1370Respondents certification is for middle school grades. The
1378prohibition from having contact with children under the age of 18
1389makes it impossible for him to hold employment as a teacher in
1401the public school system. As stated by Maurice Bonner, the
1411Director of Personnel for St. Lucie County Schools, [t]here is
1421absolutely no way that the students and the parents and the
1432community would have any faith in him being alone in a classroom
1444with kids even for one minute. And he would not be able to
1457effectively be in a classroom. Or be on campus, period, where
1468there are children present. His testimony is credited.
1476CONCLUSIONS OF LAW
147914. The Division of Administrative Hearings has
1486jurisdiction over the subject matter and the parties to this
1496action in accordance with sections 120.57(1), Florida Statutes
1504(2012).
150515. This is a proceeding in which Petitioner seeks to
1515revoke Respondents educator certification. Because disciplinary
1521proceedings are considered penal in nature, Petitioner is
1529required to prove the allegations in the Administrative Complaint
1538by clear and convincing evidence. Dept of Banking & Fin. v.
1549Osborne Stern & Co. , 670 So. 2d 932 (Fla. 1996); Ferris v.
1561Turlington , 510 So. 2d 292 (Fla. 1987).
156816. As stated by the Florida Supreme Court:
1576Clear and convincing evidence requires that
1582the evidence must be found to be credible;
1590the facts to which the witnesses testify must
1598be distinctly remembered; the testimony must
1604be precise and lacking in confusion as to the
1613facts in issue. The evidence must be of such
1622a weight that it produces in the mind of the
1632trier of fact a firm belief or conviction,
1640without hesitancy, as to the truth of the
1648allegations sought to be established.
1653In re Henson , 913 So. 2d 579, 590 (Fla. 2005)(quoting Slomowitz
1664v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983)).
167517. The Amended Administrative Complaint makes the
1682following allegations in support of Petitioners decision to take
1691disciplinary action against Respondents educators certificate:
16972. At all times pertinent hereto, the
1704Respondent was employed as a Mathematics
1710Teacher at Manatee Elementary School in the
1717St. Lucie County School District.
17223. On or about January 13, 2012, the
1730Respondent was arrested in Osceola County,
1736Florida, as the result of allegations that
1743Respondent attempted to contact a minor
1749online and arrange for sexual activity with
1756the minor.
17584. As a result of the Respondents arrest,
1766a search warrant was executed on the
1773Respondents residence in St. Lucie County,
1779Florida. The Respondent was found to be in
1787possession of images depicting minors
1792engaged in explicit sexual conduct. On or
1799about March 7, 2012, the Respondent was
1806arrested and charged with one count of
1813Enticing and Attempting to Entice a Minor to
1821Engage in Sexual Activity in violation of 18
1829U.S.C. § 2422(b) and four counts of
1836Possession of Child Pornography in violation
1842of 18 U.S.C. § 2252(a)(4)(B). On or about
1850September 12, 2012, the Respondent was
1856adjudicated guilty on all five counts.
18625. Pursuant to Section 1012.795(2), Florida
1868Statutes, the plea of guilty in any court or
1877the decision of guilty by any court is prima
1886facie proof of grounds for the revocation or
1894other sanction of a teaching certificate.
19006. The Respondents convictions under 18
1906U.S.C. § 2422(b), and 18 U.S.C. § 2252
1914(a)(4)(B) disqualify the Respondent from
1919certification pursuant to Sections
19231012.315(1)(oo) and 1012.315(3), Florida
1927Statutes, in that the Respondent has been
1934convicted of acts that constitute a
1940violation of Chapter 847, Florida Statutes.
194618. Petitioner has proven the factual allegations in
1954paragraphs two, three, and four by clear and convincing evidence.
196419. Based upon these factual allegations, Petitioner asserts
1972in Counts One through Four that Respondent has violated section
19821012.795(1)(d)(gross immorality or an act involving moral
1989found guilty of a misdemeanor, felony, or any other criminal
1999charge, other than a minor traffic violation); section
2007an employee of the school board); and section
20151012.795(1)(n)(disqualification from educator certification under
2020section 1012.315).
202220. Section 1012.795 authorizes the Education Practices
2029Commission to take action against the certifications of
2037instructors under certain enumerated circumstances. It provides
2044in pertinent part:
2047(1) The Education Practices Commission may
2053suspend the educator certificate of any
2059person as defined in s. 1012.01(2) or (3)
2067for up to 5 years, thereby denying that
2075person the right to teach or otherwise be
2083employed by a district school board or
2090public school in any capacity requiring
2096direct contact with students for that period
2103of time, after which the holder may return
2111to teaching as provided in subsection (4);
2118may revoke the educator certificate of any
2125person, thereby denying that person the
2131right to teach or otherwise be employed by a
2140district school board or public school in
2147any capacity requiring direct contact with
2153students for up to 10 years, with
2160reinstatement subject to the provisions of
2166subsection (4); may revoke permanently the
2172educator certificate of any person thereby
2178denying that person the right to teach or
2186otherwise be employed by a district school
2193board or public school in any capacity
2200requiring direct contact with students; may
2206suspend the educator certificate, upon an
2212order of the court or notice by the
2220Department of Revenue relating to the
2226payment of child support; or may impose any
2234other penalty provided by law, if the
2241person:
2242* * *
2245(d) Has been guilty of gross immorality or
2253an act involving moral turpitude as defined
2260by rule of the State Board of Education.
2268* * *
2271(f) Has been convicted or found guilty of,
2279or entered a plea of guilty to, regardless
2287of adjudication of guilt, a misdemeanor,
2293felony, or any other criminal charge, other
2300than a minor traffic violation.
2305(g) Upon investigation, has been found
2311guilty of personal conduct that seriously
2317reduces that persons effectiveness as an
2323employee of the district school board.
2329* * *
2332(n) Has been disqualified from educator
2338certification under s. 1012.315.
2342(2) The plea of guilty in any court, the
2351decision of guilty by any court, the
2358forfeiture by the teaching certificateholder
2363of a bond in any court of law, or the
2373written acknowledgment, duly witnessed, of
2378offenses listed in subsection (1) to the
2385district school superintendent or a duly
2391appointed representative of such
2395superintendent or to the district school
2401board shall be prima facie proof of grounds
2409for revocation of the certificate as listed
2416in subsection (1) in the absence of proof by
2425the certificateholder that the plea of
2431guilty, forfeiture of bond, or admission of
2438guilt was caused by threats, coercion, or
2445fraudulent means.
244721. Section 1012.315, Florida Statutes (2012), the version
2455of the statute in effect at the time of Respondents conviction,
2466provided in pertinent part:
24701012.315 Disqualification from employment.A
2474person is ineligible for educator
2479certification, and instructional personnel
2483and school administrators, as defined in s.
24901012.01, are ineligible for employment in
2496any position that requires direct contact
2502with students in a district school system,
2509charter school, or private school that
2515accepts scholarship students under s.
25201002.39 or s. 1002.395, if the person,
2527instructional personnel, or school
2531administrator has been convicted of:
2536(1) Any felony offense prohibited under any
2543of the following statutes:
2547* * *
2550(oo) Chapter 847, relating to obscenity.
2556* * *
2559(3) Any criminal act committed in another
2566state or under federal law which, if
2573committed in this state, constitutes an
2579offense prohibited under any statute listed
2585in subsection (1) or subsection (2).
259122. Count One of the Amended Administrative Complaint
2599charges Respondent with violation of section 1012.795(1)(d), which
2607makes it a basis for discipline when a certificate holder has been
2619guilty of gross immorality or an act involving moral turpitude as
2630defined by rule of the State Board of Education.
263923. The Education Practices Commission has not defined
2647gross immorality or moral turpitude for the purpose of
2656discipline to be imposed pursuant to section 1012.795. However,
2665use by school districts when taking action against instructional
2674personnel in Florida Administrative Code Rule 6A-5.056 (previously
2682numbered as rule 6A-4.009). Rule 6A-5.056 defines these terms as
2692follows:
2693(2) Immorality is defined as conduct that is
2701inconsistent with the standards of public
2707conscience and good morals. It is conduct
2714sufficiently notorious to bring the
2719individual concerned or the education
2724profession into public disgrace or disrespect
2730and impair the individual's service in the
2737community.
2738* * *
2741(6) Moral turpitude is a crime that is
2749evidenced by an act of baseness, vileness or
2757depravity in the private and social duties;
2764which, according to the accepted standards of
2771the time a man owes to his or her fellow man
2782or to society in general, and the doing of
2791the act itself and not its prohibition by
2799statute fixes the moral turpitude.
280424. In Florida Board of Bar Examiners, Re: G.W.L.
, 2813364 So.
28152d 454 (Fla. 1978), the Supreme Court of Florida examined the
2826requirement of good moral character in considering a Florida Bar
2836applicant who had voluntarily discharged his student debts in
2845bankruptcy before they were actually due. The Court noted that
2855previously it had defined moral turpitude in State ex rel.
2865Tullidge v. Hollingsworth , 108 Fla. 607, 611, 146 So. 660, 661
2876(1933) by saying, "[m]oral turpitude involves the idea of
2885inherent baseness or depravity in the private social relations or
2895duties owed by man to man or by man to society . . . ." In
2911addressing what constitutes a lack of good moral character, the
2921Court stated:
2923In our view, a finding of a lack of
"2932good moral character" should not be
2938restricted to those acts that reflect moral
2945turpitude. A more appropriate definition of
2951the phrase requires an inclusion of acts and
2959conduct which would cause a reasonable man
2966to have substantial doubts about an
2972individual's honesty, fairness, and respect
2977for the rights of others and for the laws of
2987the state and nation.
2991364 So. 2d at 458.
299625. Petitioner has proven a violation as charged in Count
3006One by clear and convincing evidence, which requires a finding of
3017gross immorality, implicating even more egregious conduct.
3025There is no doubt that Respondent's actions cause "substantial
3034doubts about [Respondent's] honesty, fairness, and respect for the
3043rights of others and for the law of the state and nation." The
3056children in the videos have been no doubt victimized in a manner
3068that will affect them for the rest of their lives, and are of
3081similar ages as those children entrusted to his care in the
3092classroom. As stated in Department of Professional Regulation v.
3101Rosenberg , Case No. 89-5858, ¶ 14 (DOAH May 7, 1990; FREC June 19,
31141990):
3115If individuals to not attempt to procure
3122[motion pictures containing sexual conduct
3127by children], it is reasonable to conclude
3134that fewer children will be subjected to
3141such exploitation and mistreatment. Adults
3146owe a duty to children not to debauch them
3155by placing them in pornographic films. The
3162support of the child pornography market is
3169morally despicable or abhorrent, and meets
3175Florida's definition of "moral turpitude."
3180See also Gallagher v. Rosenthall , DOAH Case No. 00-3888PL (DOAH
3190Jan. 10, 2001; EPC Apr. 23, 2001).
319726. Count Two charges Respondent with violating section
32051012.795(f), quoted in paragraph 20. Petitioner has proven this
3214Count by clear and convincing evidence, in that Respondent has
3224been convicted of five felonies in violation of 18 U.S.C.
3234sections 2422(b) and 2252(a)(4)(B).
323827. Count Three charges Respondent with violating section
32461012.795(1)(g), by being found guilty of personal conduct which
3255seriously reduces his effectiveness as an employee of the School
3265Board. Petitioner has proven this Count by clear and convincing
3275evidence. The media provided substantial coverage of his arrest
3284and conviction. There was credible testimony that his
3292effectiveness would be significantly impaired. Moreover, the
3299terms of his probation, should he ever be released from prison,
3310forbid him from having contact with children under 18. This
3320prohibition by definition makes it impossible for him to work as
3331a middle-school teacher.
333428. Count Four charges Respondent with violating section
33421012.795(1)(n), alleging that Respondent has been disqualified
3349from educator certification pursuant to section 1012.315.
3356Subsection 1012.315(3) provides that a person is ineligible for
3365educator certification if, among other prohibitions, the person
3373has been convicted of any criminal act committed in another state
3384or under federal law which, if committed in Florida, constitutes
3394a violation of a Florida offense listed in the statute.
340429. Respondent was convicted of violating section 18 U.S.C.
34132422(b). This section provides:
3417(b) Whoever, using the mail or any facility
3425or means of interstate or foreign commerce,
3432or within the special maritime or
3438territorial jurisdiction of the United
3443States knowingly persuades, induces,
3447entices, or coerces any individual who has
3454not attained the age of 18 years, to engage
3463in prostitution or any sexual activity for
3470which any person can be charged with a
3478criminal offense, or attempts to do so,
3485shall be fined under this title and
3492imprisoned not less than 10 years or for
3500life.
350130. Within chapter 847, Florida Statutes, referenced in
3509section 1012.315(1)(oo), is section 847.0135(3), which provides:
3516(3) CERTAIN USES OF COMPUTER SERVICES OR
3523DEVICES PROHIBITED.Any person who knowingly
3528uses a computer online service, Internet
3534service, local bulletin board service, or
3540any other device capable of electronic data
3547storage or transmission to:
3551(a) Seduce, solicit, lure, or entice, or
3558attempt to seduce, solicit, lure, or entice,
3565a child or another person believed by the
3573person to be a child, to commit any illegal
3582act described in chapter 794, chapter 800,
3589or chapter 827, or to otherwise engage in
3597any unlawful sexual conduct with a child or
3605with another person believed by the person
3612to be a child; or
3617(b) Solicit, lure, or entice, or attempt to
3625solicit, lure, or entice a parent, legal
3632guardian, or custodian of a child or a
3640person believed to be a parent, legal
3647guardian, or custodian of a child to consent
3655to the participation of such child in any
3663act described in chapter 794, chapter 800,
3670or chapter 827, or to otherwise engage in
3678any sexual conduct,
3681commits a felony of the third degree, . . .
369131. The allegations forming the basis for Respondents
3699conviction under 18 U.S.C. § 2422(b) would also form a basis for
3711prosecution under section 847.0135, and is thus a disqualifying
3720offense under section 1012.315(3)(oo).
372432. Petitioner asserts that Respondents conviction of four
3732violation of section 827.071(5), Florida Statutes, which is a
3741disqualifying offense under section 1012.315(1)(m). While
3747Petitioners analysis is correct, the only disqualifying offenses
3755alleged in the Amended Administrative Complaint are any offenses
3764in chapter 847, identified in section 1012.315(1)(oo). Respondent
3772was not charged with committing a disqualifying offense under
3781section 1012.315(1)(m). Respondent cannot be found guilty of
3789violations for which he was not charged. Trevisani v. Dept of
3800Health , 908 So. 2d 1108 (Fla. 1st DCA 2005); Ghani v. Dept of
3813Health , 714 So. 2d 1113 (Fla. 1st DCA 1998); and Willner v. Dept
3826of Prof. Reg. , 563 So. 2d 805 (Fla. 1st DCA 1990).
383733. In this event, however, the ultimate result is the same.
3848Petitioner proved the violations in Counts One through Four by
3858clear and convincing evidence. Respondents convictions
3864disqualify him from holding a teaching certificate in Florida.
3873The Disciplinary Guidelines located at Florida Administrative Code
3881Rule 6B-11.007 provide for penalties ranging from probation to
3890revocation for those violations that do not expressly disqualify
3899him from holding a teaching certificate. In this instance, the
3909only appropriate penalty is permanent revocation.
3915RECOMMENDATION
3916Based on the foregoing Findings of Fact and Conclusions of
3926Law, it is RECOMMENDED that the Education Practices Commission
3935enter a Final Order finding Respondent guilty of all four Counts
3946in the Amended Administrative Complaint and permanently revoking
3954his certification.
3956DONE AND ENTERED this 2nd day of August, 2013, in
3966Tallahassee, Leon County, Florida.
3970S
3971LISA SHEARER NELSON
3974Administrative Law Judge
3977Division of Administrative Hearings
3981The DeSoto Building
39841230 Apalachee Parkway
3987Tallahassee, Florida 32399-3060
3990(850) 488-9675
3992Fax Filing (850) 921-6847
3996www.doah.state.fl.us
3997Filed with the Clerk of the
4003Division of Administrative Hearings
4007this 2nd day of August, 2013.
4013COPIES FURNISHED:
4015David Holder, Esquire
4018J. David Holder, P.A.
4022387 Lakeside Drive
4025Defuniak Springs, Florida 32435
4029Alexander Roy, Register # 99238-004
4034United States Penitentiary
4037Post Office Box 24550
4041Tucson, Arizona 85734
4044Kathleen M. Richards, Executive Director
4049Education Practices Commission
4052Department of Education
4055Turlington Building, Suite 224
4059325 West Gaines Street
4063Tallahassee, Florida 32399-0400
4066Matthew Carson, General Counsel
4070Department of Education
4073Turlington Building, Suite 1244
4077325 West Gaines Street
4081Tallahassee, Florida 32399-0400
4084Marian Lambeth, Bureau Chief
4088Bureau of Professional
4091Practices Services
4093Department of Education
4096Turlington Building, Suite 224-E
4100325 West Gaines Street
4104Tallahassee, Florida 32399-0400
4107NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
4113All parties have the right to submit written exceptions within
412315 days from the date of this Recommended Order. Any exceptions
4134to this Recommended Order should be filed with the agency that
4145will issue the Final Order in this case.
- Date
- Proceedings
- PDF:
- Date: 08/02/2013
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- Date: 07/19/2013
- Proceedings: Transcript of Proceedings (not available for viewing) filed.
- Date: 07/02/2013
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 07/01/2013
- Proceedings: Respondent's Motion to Subpoena Tony Bennett/Motion for Thirty day Continuance to File and Serve the Tony Bennett and Pam Stewart Subpoenas filed.
- PDF:
- Date: 06/28/2013
- Proceedings: Respondent's Notice of Compliance with the Order of Pre-hearing Instructions filed.
- PDF:
- Date: 06/27/2013
- Proceedings: Order Denying Motion to Determine the Sufficiency of Petitioner`s Answers and Objections to Respondent`s Request for Admissions.
- PDF:
- Date: 06/26/2013
- Proceedings: Petitioner's Response to Respondent's Motion to Determine Sufficiency of Answers and Objections to Respondent's Request for Admissions filed.
- PDF:
- Date: 06/25/2013
- Proceedings: Petitioner's Notice of Filing Amended Administrative Complaint filed.
- PDF:
- Date: 06/24/2013
- Proceedings: Respondent's Motion to Determine the Sufficiency of Petitioner's Answers and Objections to Respondent's Request for Admissions filed.
- PDF:
- Date: 06/24/2013
- Proceedings: Respondent's Response to Petitioner's Motion for Leave to Amend Administrative Complaint to Update Caption and Correct Scrivener's Error filed.
- PDF:
- Date: 06/24/2013
- Proceedings: Petitioner's Response to Respondent's Motion for Thirty-Day Continuance and Motion to Quash Witness Subpoena filed.
- PDF:
- Date: 06/21/2013
- Proceedings: Petitioner's Motion in Limine and to Quash Witness Subpoenas filed.
- PDF:
- Date: 06/21/2013
- Proceedings: Petitioner's Response to Respondent's Motion to Deem Matters Admitted filed.
- PDF:
- Date: 06/18/2013
- Proceedings: Letter to DOAH from S.Griffin requesting a telephonic hearing filed.
- PDF:
- Date: 06/13/2013
- Proceedings: Petitioner's Motion for Leave to Amend Administrative Complaint to Update Caption and Correct Scrivener's Error filed.
- PDF:
- Date: 06/12/2013
- Proceedings: Petitioner's Response to Respondent's Request for Admissions filed.
- PDF:
- Date: 06/03/2013
- Proceedings: Respondent's Response to Petitioner's Motion for Attorney's Fees for Filing Frivolous Pleading filed.
- PDF:
- Date: 05/17/2013
- Proceedings: Petitioner's Response to Respondent's Motion to Compel Dated May 10, 2013 and Motion for Attorney's Fees for Filing Frivolous Pleading filed.
- PDF:
- Date: 05/16/2013
- Proceedings: Respondent's Motion to Compel Counsel for Petitioner to Provide Respondent with the Rules that are Directly and Indirectly Cited by the Statute Violations of the Administrative Complaint filed.
- PDF:
- Date: 05/16/2013
- Proceedings: Order Re-scheduling Hearing (hearing set for July 2, 2013; 11:00 a.m.; Tallahassee, FL).
- PDF:
- Date: 05/13/2013
- Proceedings: Respondenrt's Response to Petitioner's Request for Admissions filed.
- PDF:
- Date: 05/06/2013
- Proceedings: Petitioner's Response to Respondent's Motion for Dismissal filed.
- PDF:
- Date: 05/06/2013
- Proceedings: Petitioner's Response to Respondent's Motion to Compel Dash-Cam Video/Audio filed.
- PDF:
- Date: 05/03/2013
- Proceedings: Petitioner's Notice of Compliance by Filing Proposed Dates for Re-scheduling Formal Hearing filed.
- PDF:
- Date: 05/02/2013
- Proceedings: Petitioner's Motion for Reconsideration of Order Canceling Hearing and Addressing Pending Motions filed.
- PDF:
- Date: 05/01/2013
- Proceedings: Order Canceling Hearing and Addressing Pending Motions (parties to advise status by May 10, 2013).
- PDF:
- Date: 04/30/2013
- Proceedings: Petitioner's Response to Respondent's Motion to Compel Opposing Counsel to Furnish Him with the Rules Governing This Proceeding filed.
- PDF:
- Date: 04/29/2013
- Proceedings: Respondent's Response to Petitioner's Motion to Deem Matters Admitted and Remand to the Education Practices Commission filed.
- PDF:
- Date: 04/29/2013
- Proceedings: Respondent's Motion to Compel Counselor for Petitioner to Provide Respondent with the Rules That Govern This Proceeding filed.
- PDF:
- Date: 04/25/2013
- Proceedings: Letter to A. Roy from J. Holder in response to Respondent's letter requesting production of materials filed.
- PDF:
- Date: 04/22/2013
- Proceedings: Respondent's Response to Petitioner's Motion to Cancel Formal Hearing filed.
- PDF:
- Date: 04/22/2013
- Proceedings: Respondent's Reply to Petitioner's Response to Respondent's Motion for Continuance filed.
- PDF:
- Date: 04/16/2013
- Proceedings: Petitioner's Notice of Compliance with Order on Pending Motions filed.
- PDF:
- Date: 04/16/2013
- Proceedings: Petitioner's Motion to Deem Matters Admitted and for Remand to the Education Practices Commission filed.
- PDF:
- Date: 04/04/2013
- Proceedings: Motion to Cancel Formal Hearing and Relinquish Jurisdiction in Absence of Disputed Issues of Material Fact filed.
- PDF:
- Date: 04/01/2013
- Proceedings: Petitioner's Response to Respondent's Motion for Continuance filed.
- PDF:
- Date: 03/07/2013
- Proceedings: Notice of Hearing (hearing set for May 9, 2013; 9:30 a.m.; Tallahassee, FL).
Case Information
- Judge:
- LISA SHEARER NELSON
- Date Filed:
- 02/27/2013
- Date Assignment:
- 02/28/2013
- Last Docket Entry:
- 10/29/2013
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
- Suffix:
- PL
Counsels
-
David Holder, Esquire
Address of Record -
Kathleen M. Richards, Executive Director
Address of Record -
Alexander Roy, Register # 99238-004
Address of Record -
J. David Holder, Esquire
Address of Record