16-005551PL
Pam Stewart, As Commissioner Of Education vs.
Patti Guadagno
Status: Closed
Recommended Order on Monday, June 12, 2017.
Recommended Order on Monday, June 12, 2017.
1EXCEPTION 3 (Paragraph 20 of Recommended Order): The Commission rejected the
12exception because it does not have substantial jurisdiction to determine if the attorney
25client privilege was waived, and it addresses the credibility of testimony.
36EXCEPTION 4 (Paragraph 21 of Recommended Order): The Commission rejected the
47exception because it addresses the credibility of witnesses.
55EXCEPTION 5 (Paragraph 22 of Recommended Order): The Commission rejected the
66exception because it addresses the credibility of witnesses.
74Ruling on Respondent's Exceptions
78To Conclusions of Law
82EXCEPTION 6 (Paragraph 36 of Recommended Order): The Commission rejected the
93exception because Respondent testified that she received the notice on March 6, 2012.
106EXCEPTION 7 (Paragraph 37 of Recommended Order): The Commission rejected the
117exception because it addresses the credibility of witnesses.
125EXCEPTION 8 (Paragraph 38 of Recommended Order): The Commission rejected the
136exception because it does not have substantive jurisdiction to determine what
147constitutes "clear and convincing evidence." The Commission can only determine if
158there was no competent substantial evidence.
164EXCEPTION 9 (Paragraph 44 of Recommended Order): The Commission rejected the
175exception because it addresses the credibility of witnesses.
183EXCEPTION 10 (Paragraph 45 of Recommended Order): The Commission rejected
193the exception because it does not have substantive jurisdiction to determine what
205constitutes "clear and convincing evidence." The Commission can only determine if
216there was no competent substantial evidence.
222EXCEPTION 11 (Paragraph 47 of Recommended Order): The Commission rejected
232the exception because it relies on the exceptions to Paragraph 7 of the Findings of
247Fact.
248EXCEPTION 12 (Paragraph 49 of Recommended Order): The Commission rejected
258the exception because it does not have substantive jurisdiction to determine what
270constitutes "clear and convincing evidence." The Commission can only determine if
281there was no competent substantial evidence.
287EXCEPTION 13 (Paragraph 51 of Recommended Order): The Commission rejected
297the exception because it relies on the exceptions to Paragraphs 20-22 of the Findings
311of Fact.
313EXCEPTION 14 (Paragraph 52 of Recommended Order): The Commission rejected
323the exception because it does not have substantive jurisdiction to determine what
335constitutes "clear and convincing evidence." The Commission can only determine if
346there was no competent substantial evidence.
352EXCEPTION 15 (Paragraph 54 of Recommended Order): The Commission rejected
362the exception because it relies on the exceptions to Paragraphs 20-22 of the Findings
376of Fact.
378Ruling on Petitioner's Exception
382To Recommended Penalty
385The Commission rejected the Petitioner's Exception to the Recommended
394Penalty stating that the Respondent's history cited in the exception is unsubstantiated
406except for the suspension for pushing a student.
414Findings of Fact
4171. The findings of fact set forth in the Recommended Order are approved and
431adopted and incorporated herein by reference.
4372. There is competent substantial evidence to support the findings of fact.
449Conclusions of Law
4521 . The Education Practices Commission has jurisdiction of this matter pursuant
464to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.
4742. The conclusions of law set forth in the Recommended Order are approved
487and adopted and incorporated herein by reference.
494Penalty
495Upon a complete review of the record in this case, the Commission determines
508that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is
521therefore ORDERED that:
524Respondent's Florida educator's certificate is hereby suspended for a period of 1
536year from the date of this Final Order.
544This Final Order takes effect upon filing with the Clerk of the Education Practices
558Commission.
559DONE AND ORDERED, this gth day of August, 2017.
568NOTICE OF RIGHT TO JUDICIAL REVIEW
574A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
586TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.
595REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF
604APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING
612ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES
623COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES
632PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST
642DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE
653DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE
664FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.
674CERTIFICATE OF SERVICE
677I HEREBY CERTIFY that a copy of the foregoing Order was mailed to PATII GUADAGNO,
6929010 Southwest 12th Street, Miami, FL 33174 and Melissa C. Mihok, Esq., 201 East Pine
707Street, Suite 445, Orlando, FL 32801. by Certified U.S. Mail and by electronic mail to Darby
723Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street,
735Tallahassee, Florida 32399-0400 and Charles T. Whitelock, Esq., 300 Southeast 13th
746Street, Suite E, Ft. Lauderdale, FL 33316-1924 this ...l!L_ day , 2017.
757Lisa Forbess, Clerk
760Education Practices Commission
763COPIES FURNISHED TO:
766Office of Professional Practices Services
771Bureau of Educator Certification
775Superintendent of Schools
7781450 NE Second Avenue #912
783Miami, FL 33132
786Director
787Office of Professional Standards
791Dade County Schools
7941500 Biscayne Blvd., Suite 222
799Miami, FL 33132
802Lee Ann Gustafson
805Senior Assistant Attorney General
809F. SCOTT BOYD
812Administrative Law Judge
815Division of Administrative Hearings
8191230 Apalachee Parkway
822Tallahassee, FL 32399-1550
825Claudia Llado, Clerk
828Division of Administrative Hearings

- Date
- Proceedings
-
PDF:
- Date: 06/13/2017
- Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Exhibit numbered R-1, to Respondent.
-
PDF:
- Date: 06/12/2017
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
-
PDF:
- Date: 05/22/2017
- Proceedings: Joint Motion for Extension of Time to File Proposed Recommended Orders filed.
-
PDF:
- Date: 04/26/2017
- Proceedings: Petitioner's Response to Respondent's Motion to Continue Hearing filed.
- Date: 03/15/2017
- Proceedings: CASE STATUS: Motion Hearing Held.
-
PDF:
- Date: 02/28/2017
- Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 2, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
-
PDF:
- Date: 02/21/2017
- Proceedings: Petitioner's Objection to Respondent's Notice of Production from Non-party, Miami-Dade County School Board filed.
-
PDF:
- Date: 02/13/2017
- Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference and Denying Motion to Compel (hearing set for April 13, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
-
PDF:
- Date: 02/10/2017
- Proceedings: Petitioner's Response to Respondent's Motion to Continue Hearing and Motion to Compel filed.
-
PDF:
- Date: 02/09/2017
- Proceedings: Non-party Branden Vicari's Motion to Appear Telephonically at the Final Hearing filed.
- Date: 02/07/2017
- Proceedings: CASE STATUS: Motion Hearing Held.
-
PDF:
- Date: 02/06/2017
- Proceedings: Petitioner's Response to Non-party's Motion for Protective Order filed.
-
PDF:
- Date: 02/03/2017
- Proceedings: Petitioner's Objection to Respondent's Notice of Production from Non-party filed.
-
PDF:
- Date: 12/06/2016
- Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 17, 2017; 9:30 a.m.; Miami and Tallahassee, FL; amended as to ).
-
PDF:
- Date: 12/05/2016
- Proceedings: Respondent's Motion to Continue and Reschedule Final Hearing filed.
-
PDF:
- Date: 09/22/2016
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 16, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
-
PDF:
- Date: 09/21/2016
- Proceedings: Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 16-1850PL)
-
PDF:
- Date: 01/12/2015
- Proceedings: Letter to P. Guadagno from G. Brantley regarding your case file filed.
Case Information
- Judge:
- F. SCOTT BOYD
- Date Filed:
- 09/22/2016
- Date Assignment:
- 09/22/2016
- Last Docket Entry:
- 08/17/2017
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- ADOPTED IN TOTO
- Suffix:
- PL
Counsels
-
Gretchen Kelley Brantley, Executive Director
Education Practices Commission
Turlington Building, Suite 316
325 West Gaines Street
Tallahassee, FL 323990400
(850) 245-0455 -
Mark Herdman, Esquire
Herdman & Sakellarides, P.A.
Suite 110
29605 U.S. Highway 19 North
Clearwater, FL 33761
(727) 785-1228 -
Branden M. Vicari, Esquire
Herdman & Sakellarides, P.A.
Suite 110
29605 U.S. Highway 19 North
Clearwater, FL 33761
(727) 785-1228 -
Charles T. Whitelock, Esquire
Charles T. Whitelock, P.A.
Suite E
300 Southeast 13th Street
Fort Lauderdale, FL 33316
(954) 463-2001 -
Robert F. McKee, Esquire
Kelly & McKee
Suite 301
1718 East Seventh Avenue
Tampa, FL 33605
(813) 248-6400 -
Melissa C Mihok, Esquire
Melissa C. Mihok, P.A.
Suite 445
201 East Pine Street
Orlando, FL 32801
(407) 647-7887 -
Gretchen Kelley Brantley, Executive Director
Address of Record -
Mark Herdman, Esquire
Address of Record -
Robert F. McKee, Esquire
Address of Record -
Melissa C. Mihok, Esquire
Address of Record -
Branden M. Vicari, Esquire
Address of Record -
Charles T. Whitelock, Esquire
Address of Record