13-001042
Pinellas County School Board vs.
Rose M. Dacanay
Status: Closed
Recommended Order on Wednesday, November 27, 2013.
Recommended Order on Wednesday, November 27, 2013.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8PINELLAS COUNTY SCHOOL BOARD ,
12Petitioner ,
13vs. Case No. 13 - 1042
19ROSE M. DACANAY ,
22Respondent .
24/
25RECOMMENDED ORDER
27Administrative Law Judge John D. C . Newton, II, of the
38Division of Administrative Hearings (DOAH) heard this case in
47Largo, Florida, on October 1, 2013.
53APPEARANCES
54For Petitioner: Laurie A. Dart, Esquire
60Pinellas County Schools
63301 4th Street, Southwest
67Post Office Box 2942
71Largo, Florida 33779 - 2942
76For Respondent: Rose M. Dacanay , pro se
832424 8th Avenue, Southwest
87Largo, Florida 33770 - 2944
92STATEMENT OF THE ISSUE
96Should Petitioner, Pinellas County School Board ( School
104Board or Board), terminate the employment of Respondent, Rose M.
114Dacanay, for the reasons that follow:
120A. Violation of Board Policy 4140A(9), incompetence?
127B. Violation of Board Policy 4140A(9)(a), failure to
135perform the duties of the position?
141C. Violation of Board Policy 4140A(19) , failure to correct
150performance deficiencies?
152D. Violation of Board Policy 4140A(20), insubordination?
159E. Violation of Board Policy 4140A(24), failure to comply
168with B oard policy, state law, or contractual agreement?
177PRELIMINARY STATEMENT
179By letter date d February 19, 2013, the s uperintendent of
190Pinellas County Schools advised Ms. Dacanay that he intended to
200recommend that the Board discharge her. The letter also advised
210Ms. Dacanay of her right to a hearing to dispute the decision.
222On March 11, 2013, M s. Dacanay, through counsel, requested a
233hearing. The Board referred the matter to DOAH to conduct the
244requested hearing. The undersigned noticed the matter for
252hearing to begin June 4, 2013.
258On May 28, 2013, the undersigned issued an O rder allowing
269Ms . Dacanay ' s counsel to withdraw. On May 28, 2013, the
282undersigned entered a Case Management Order that, among other
291things, continued the hearing for a number of reasons " including
301recently failed settlement negotiations, the failure of the
309parties to app ear for the pre - hearing conference, the failure of
322the parties to file the stipulations required by the Order of
333Pre - h earing Instructions, the representations of the parties,
343[and] the parties ' agreement to reschedule . . . . "
354Subsequently , the hearing wa s set for October 1, 2013. The
365undersigned conducted the hearing as scheduled in Largo, Florida.
374The School Board presented the testimony of Ms. Dacanay,
383Kim Gilbert, Darlene Tickner, Jerrie Brown, Karen Trockels,
391Rachel Jones, Tomeka Miller, Janelle Jenk ins, Gail Cox, Caren
401Evans, Linda Vest Mark Manley, and Valencia Walker. School Board
411Exhibits 1 through 13, 15, and 16 were received into evidence.
422Ms. Dacanay testified and presented the testimony of Sherry Non
432and Nellie Turner. Exhibits 1, 2 and 7 t hrough 10 of
444Ms. Dacanay ' s were admitted into evidence. The parties were
455provided an opportunity to submit proposed recommended orders. A
464Tr anscript was filed. Ms. Dacanay did not submit a proposed
475recommended order. The School Board timely filed and s erved a
486proposed recommended order .
490FINDING S OF FACT
4941. The Pinellas County School District has employed
502Ms. Dacanay since August 2005. She has worked as a t eacher
514a ssistant and as an e xceptional s tudent e ducation (ESE)
526a ssociate. At the beginning of th e 2011 - 2012 school year,
539Ms. Dacanay worked as an ESE a ssociate assigned to the Paul B.
552Stephens Exceptional Student Education Center (Paul B. Stephens) .
561The Center serves vulnerable students with significant
568developmental disabilities and medical needs.
5732. ESE a ssociates work under a classroom teacher ' s direct
585supervision. They must assist the teacher in all aspects of both
596the care and the education of the students.
6043. During the first semester of the 2011 - 2012 school year,
616Ms. Dacanay worked in the classroom of Paulette Pickering.
625Because Ms. Dacanay ' s performance in Ms. Pickering ' s class was
638not satisfactory, the principal, Gail Cox, reassigned her to the
648classroom of Linda Vest for the second semester, which started
658January 2012.
6604. Ms. Cox se lected Ms. Vest ' s classroom because it did not
674have as many students as Ms. Pickering ' s , and the class was not
688as demanding. The reassignment was to give Ms. Dacanay an
698opportunity to improve her skills and continue working at the
708school.
7095. Also during 2011, Ms. Cox, along with other
718administrators and a teacher ' s union representative , met in
728October and November with Ms. Dacanay four times to review
738multiple deficiencies in her performance and offer improvement
746plans. In the meeting held November 10, 2 011, Ms. Cox encouraged
758Ms. Dacanay to apply for other positions in the school system
769that would not be so demanding and would be a better fit for her.
783In January of 2012, Ms. Cox spoke to Ms. Dacanay and told her
796very directly, " This is not working, Rose . You need to find a
809different job. Even though everyone is nice and polite, you ' re
821still not doing your job, and you need to find another one that
834better fits your skills. "
8386. Ms. Dacanay did not take this advice. She worked the
849remainder of the 201 1 - 2012 school year at Paul B. Stephens.
862After summer break , she returned to employment in the 2012 - 2013
874school year. She was assigned to assist Kim Gilbert.
8837. The students of Paul B. Stephens have emotional, mental,
893and physical disabilities. Many hav e severe and multiple
902disabilities. They are dependent upon the services of their
911teachers and teacher assistants.
9158. One of the students in Ms. Gilbert ' s class required the
928use of Dynamic Ankle Foot Orthotics (DAFO S ). These are hard
940plastic inserts pos itioned around a child ' s foot before putting
952on the child ' s shoe. They must be positioned and wedged on
965carefully to avoid hurting the student. After correct placement ,
974they are strapped on. The DAFOS are individually made for each
985wearer ' s feet. Ms. D acanay had been instructed and trained on
998how to put DAFO S on.
10049. DAFO S position a child ' s foot to cure or resist
1017deformity. They are uncomfortable even when properly applied.
1025When DAFO S are put on the wrong foot, they are painful and can
1039cause blisters and sores. They also do not properly perform
1049their rehabilitative function.
105210. On October 23, 2012, Ms. Dacanay put a student ' s DAFO S
1066on backwards. This would cause the student pain and eliminate
1076the benefits of the DAFO S .
108311. Fortunately , Ms. Gilbert spotted the mistake and
1091corrected it.
109312. The same student also needed and wore an arm splint.
1104Ms. Dacanay had been instructed and trained on how to fasten the
1116arm splints.
111813. On October 24, 2012, Ms. Dacanay was improperly
1127fastening the arm splint. Ms. Gilbert noticed and corrected her.
113714. In 2012, Ms. Dacanay ' s duties includ ed placing
1148wheelchair - bound students in the bus and securing their
1158wheelchairs. This service is critical to the students ' safety
1168and the safety of the other students. It requir es properly
1179fastening the students in their chairs with chest and foot straps
1190to prevent them from falling from the chair or injuring their
1201feet during transportation.
120415. Ms. Dacanay was trained in securing the students and
1214their wheelchairs for transport .
121916. On October 29, 2012, Ms. Dacanay did not fasten the
1230chest straps on one student ' s wheelchair.
123817. On October 30, 2012, Ms. Dacanay did not properly
1248secure a student ' s feet for transport on the bus.
125918. Fortunately each time, other employees noticed t he
1268errors and corrected them.
127219. On another occasion, Ms. Dacanay did not properly
1281fasten the chest strap of a student in a wheelchair on the bus.
1294Another ESE a ssociate checked the student ' s straps and tightened
1306them properly.
130820. The students ' wheelcha irs were also strapped tightly in
1319the bus to prevent movement or falling. Ms. Dacanay was properly
1330trained on how to secure the bus hook - up straps.
134121. From October forward, Ms. Dacanay routinely failed to
1350properly secure students for the bus. A fellow E SE a ssociate
1362regularly observed this and began routinely checking and
1370tightening the straps for the student s .
137822. Specifically , Ms. Dacanay did not properly fasten the
1387wheelchair hook - ups on November 14 and December 4, 2012. Despite
1399the fact that proper ly securing the wheelchairs was one of her
1411duties, on December 4, 2012, Ms. Dacanay asked a student why he
1423had not hooked up the side straps on his wheelchair.
143323. Ms. Dacanay ' s neglect of the task of securing students
1445in their wheelchairs was so common th at the other ESE a ssociates
1458who worked in Ms. Gilbert ' s class were concerned for the
1470children ' s safety. Consequently , they regularly checked the
1479wheelchairs of students for whom Ms. Dacanay was responsible to
1489ensure that the students were properly secured and safe. They
1499often found the straps loose and secured them.
150724. Swimming was part of the curriculum and services for
1517some students. On November 5, 2012, while bringing students back
1527from the pool, Ms. Dacanay used only one hand to push a student
1540in a tall, cumbersome therapy chair. The chair was tall,
1550unstable, and very difficult to maneuver along the sidewalk.
1559With her other hand, Ms. Dacanay was escorting another student.
1569Two other ESE a ssociates yelled at her to stop. Ms. Dacanay did
1582not, and th e chair " wobbled " and went off the sidewalk.
159325. Ms. Dacanay was taking prescription medicine. She did
1602not properly secure it, and a pill fell to the bathroom floor.
1614Ms. Gilbert found the pill and gave it to the school nurse,
1626Tomeka Miller. Ms. Dacana y went to Ms. Miller and asked her to
1639return the pill. She also asked if anyone else knew about the
1651pill. Ms. Miller advised Ms. Dacanay that Ms. Gilbert knew.
166126. The ready availability of the pill to the students with
1672disabilities represented a potenti al risk to the students.
168127. One of the students for whom Ms. Dacanay was
1691responsible was blind and had other issues. In the words of his
1703teacher , Ms. Gilbert:
1706That was my student who was blind. In
1714addition to having a lot of other issues,
1722he ' s a student who is transported in a
1732wheelchair and he kind of cruises around
1739furniture, but it ' s not a walker. He ' s
1750very, very difficult, very strong, very
1756stubborn. He has a lot of sensory issues,
1764so you can ' t hurry him to do anything. It
1775just makes the problem w orse.
178128. Ms. Dacanay was aware of the student ' s issues and
1793needs.
179429. On November 8, 2012, Ms. Dacanay was hurrying the
1804student back into the classroom. She was urging him on and
1815saying " come on, let ' s go. " He became agitated.
182530. Ms. Gilbert instruc ted Ms. Dacanay to let the student
1836calm down. Ms. Dacanay did not.
184231. This detrimentally affected the rest of the morning
1851routine, including the student ' s therapy schedule.
18593 2. Ms. Dacanay denied each of the events described above.
1870Her denials are not credible judged in light of the conflicting
1881testimony, consistency of testimony among several witnesses, and
1889consistent reports in contemporaneously created documents.
18953 3. In addition, Ms. Dacanay regularly displayed an
1904inability to perform her work or le arn her duties.
19143 4. Despite repeated instructions, she failed to correctly
1923perform routine functions.
19263 5. When she worked with her students and the physical
1937education teacher, Darlene Tickner, Ms. Tickner had to repeat
1946instructions and requests multiple times to get her to work.
19563 6. Ms. Dacanay ' s inability to understand her duties caused
1968Ms. Tickner to develop a " Teacher Associate Class Expectations "
1977worksheet to help remind Ms. Dacanay and the other associates of
1988their fundamental duties. Although the worksheet was given to
1997all associates, Ms. Dacanay ' s repeated inability to perform the
2008duties of her position was the reason Ms. Tickner prepared the
2019worksheet.
20203 7. Although Ms. Dacanay was only responsible for seven
2030students, she could not even remember their names.
20383 8. Ms. Dacanay also demonstrated a pattern of not paying
2049attention to the students, preferring instead to perform chores.
2058For instance on September 19, 2012, when Ms. Dacanay should have
2069been assisting with a student activity , she left the c lassroom
2080area for about ten minutes and spent her time folding and storing
2092student bathing suits. This was after she had read and signed
2103the " Class Expectations " worksheet that listed " Focus on the
2112students and the activity, not chores " first.
21193 9 . On anot her occasion, Ms. Dacanay neglected to bring a
2132blind student who also needed a wheelchair, because of cerebral
2142palsy, to the physical education class. Ms. Tickner asked
2151Ms. Dacanay where the student was. Ms. Dacanay said " she didn ' t
2164know. "
216540. Ms. Tickne r sent Ms. Dacanay back to the classroom to
2177get the student. Ms. Dacanay returned without the student and
2187said " she couldn ' t get him into his chair. " Ms. Tickner had to
2201go get the student and bring him to the class.
221141. As the " Class Expectation " workshe et notes and
2220Ms. Tickner had emphasized, class participation was important for
2229the students and participation with the students was an important
2239part of the associate ' s job.
22464 2. Once when Ms. Tickner specifically instructed
2254Ms. Dacanay to work with the o ther associates getting the
2265students in and out of the pool, Ms. Dacanay disobeyed. Instead ,
2276she followed a mobile student who did not need assistance around.
22874 3. On another occasion , Ms. Dacanay was supposed to
2297prepare the students for swimming. She rem oved the diaper from a
2309child who was not going swimming.
23154 4. Similar issues and concerns about Ms. Dacanay ' s focus
2327and attention to her duties caused the physical education teacher
2337the year before, Mark Manley, to conclude that he could not leave
2349the room if Ms. Dacanay was working with the students. She
2360repeatedly demonstrated problems " focusing on tasks, staying on
2368task . . . inability to stay with a program all the time. "
23814 5. The problems Ms. Dacanay had during the 2012 - 2013
2393school year were similar to earlier performance failures during
2402her time at Paul B. Stephens when she was working with
2413Ms. Pickering.
24154 6. Ms. Cox met with Ms. Dacanay on October 18, 2012. The
2428letter of reprimand following that meeting summarized the
2436failings identified above and o thers.
24424 7. The letter advised Ms. Dacanay:
2449[Y]ou appear to avoid work, especially
2455toileting/changing student. Your ability to
2460learn your job or perform your work
2467responsibilities has been questioned and
2472requires your teacher to constantly monitor
2478you to e nsure student safety. For example
2486you appear not to remember which student
2493uses which chair nor how to secure students
2501in their chairs. This has happened several
2508times. After 3 - 4 weeks in school you still
2518needed direction to assist students with
2524table a ctivities before morning group. You
2531have been off - task during PE and you were
2541not able to monitor students assigned to you
2549when they were in the pool. You also fell
2558asleep during music class. In addition to
2565classroom issues the assistants on the bus
2572wit h you have stated that you pretend to
2581forget how to hook up wheelchairs and
2588harnesses, and do not do your share on the
2597bus. You also fall asleep regularly on the
2605way home in the afternoon which also puts
2613more work on the other assistants.
26194 8. Before work ing at Paul B. Stephens, Ms. Dacanay
2630received less than satisfactory ratings on her evaluations
2638beginning on February 20, 2007 , at Largo High School , where her
2649evaluation noted that she needed to improve punctuality and that
2659she left her assigned area with out notifying the teacher. In
2670all, between February 20, 2007 , and February 10, 2011,
2679Ms. Dacanay ' s evaluations reflect 16 instances of being evaluated
2690as unsatisfactory or in need of improvement in areas that include
2701punctuality, judgment, job knowledge, quality of work, quantity
2709of work, initiative and attendance.
27144 9. The weight of the persuasive, credible evidence
2723established that Ms. Dacanay was not competent to perform her
2733duties, did not perform her duties, and did not improve her
2744performance despite being given repeated opportunities to
2751improve .
2753CONCLUSIONS OF LAW
2756Jurisdiction, Burden, and Authority
276050. The Division of Administrative Hearings has
2767jurisdiction over the parties and the subject matter of this case
2778pursuant to sections 120.569, 120.57 (1), and 1012.40(2)(c),
2786Florida Statutes (2013). 1/
279051. T he superintendent of the school district has the
2800authority to make recommendations for dismissal of school
2808employees pursuant to section 1012.27(5).
28135 2 . The Board has the authority to dismiss employ ees
2825pursuant to sections 1001.42(5) and 1012.22(1)(f) , Florida
2832Statutes .
28345 3 . District school boards have authority to " adopt rules
2845governing personnel matters. " § 1012.23(1) , Fla. Stat .
28535 4 . Th e Board must prove that it has just cause to
2867terminate Ms. Daca nay ' s employment. Dileo v. Sch. Bd. Dade Cnty.
2880569 So. 2d 883 (Fla. 3d DCA 1990). It must prove just cause by a
2895preponderance of the evidence. See McNeill v. Pinellas Cnty.
2904Sch. Bd. , 678 So. 2d 476, 477 (Fla. 2d DCA 1996); Sublett v.
2917Sumter Cnty. Sch. B d. , 664 So. 2d 1178, 1179 (Fla. 5th DCA 1995).
29315 5. " Preponderance of evidence is evidence ' which as a
2942whole shows that the fact sought to be proved is more probable
2954than not. ' State v. Edwards , 536 So. 2d 288, 292 n.3 (Fla. 1st
2968DCA 1988). " Dufour v. Stat e , 69 So. 3d 235, 252 (Fla. 2011) .
2982S ee also Escambia Cnty. Elec. Light & Power Co. v. Sutherland ,
299461 Fla. 167, 193; 55 So. 83, 92 (1911).
30035 6. An ESE a ssociate is an " educational support employee "
3014under s ection 1012.40(1)(a). Section 1012.40(2)(b) permits a
3022school board to discharge an educational support employee for
3031reasons stated in the collective bargaining agreement. The
3039bargaining agreement here provides that Board Policy 4140 will
3048define just cause for dismissal.
3053Reasons for Discharge
30565 7. The Board alleges that Ms. Dacanay violated the
3066following policies:
3068A. Board Policy 4140A(9), " Incompetence as evidenced by
3076inability or lack of fitness to discharge the required duty " ;
3086B. Board Policy 4140A(9)(a), " Failure to perform the duties
3095of the position " ;
3098C. Board Policy 4140A(19), " Failure to Correct Performance
3106Deficiencies " ;
3107D. Board Policy 4140A(20), " Insubordination, which is
3114defined as a continuing or intentional failure to obey a direct
3125order, reasonable in nature, and given by and with proper
3135aut hority " ; and
3138E. Board Policy 4140A(24), " Failure to comply with board
3147policy, State law, or appropriate contractual agreement. "
31545 8 . Board policy 4140A(9) defines " incompetence " as an
" 3164inability or lack of fitness to discharge the required duty. "
31745 9. The p reponderance of the persuasive, credible evidence
3184proves that Ms. Dacanay was not competent or willing to perform
3195her duties , despite training and eff orts to improve her
3205performance .
320760. Board Policy 4140A(9)(a) makes " [f]ailure to perform
3215the duties of t he position " an offense for which an employee may
3228be dismissed. The preponderance of the persuasive, credible
3236evidence proves a broad and continued failure by Ms. Dacanay to
3247perform the duties of her position, despite training and efforts
3257to improve her p erformance.
326261. Board Policy 4140A(19) makes failure to correct
3270performance deficiencies grounds for dismissal. As detailed in
3278the F indings of F act, Ms. Dacanay was advised of multiple and
3291repeated performance deficiencies in 2012 , as well as 2011. As
3301al so detailed in the F indings of F act, Ms. Dacanay did not
3315correct those deficiencies despite the fact that Ms. Cox and
3325other supervisors made repeated efforts to correct Ms. Dacanay ' s
3336deficiencies by advising her of them, counseling her, and
3345creating t a sk l ists for her.
33536 2. Board Policy 4140A(20) defines " Insubordination . . .
3363as a continuing or intentional failure to obey a direct order,
3374reasonable in nature, and given by and with proper authority. "
3384The persuasive evidence did not establish a direct orde r given to
3396Ms. Dacanay that she continually or intentionally failed to obey .
3407It established, amply, that Ms. Dacanay did not perform her
3417duties and did not improve when given the opportunity. But it
3428does not prove a direct order given by someone with pro per
3440authority that she failed to obey.
34466 3. Board Policy 4140A(24) makes failure to comply with
3456Board p olicy, s tate law, or appropriate contractual agreement
3466grounds for dismissal. The F indings of F act establish violation s
3478of Board Policy 4140A(24).
34826 4. Bo ard Policy 4140 provides that the district " generally
3493follows a system of progressive discipline in dealing with
3502deficiencies in employee work performance or conduct.
3509Progressive discipline may include, but is not limited to,
3518written counseling/conference summary, caution, reprimand,
3523suspension without pay, and dismissal . . . . " The district
3534followed a system of progressive discipline for Ms. Dacanay.
3543Despite the efforts of Ms. Cox, Ms. Dacanay ' s supervisors, and
3555her co - workers, Ms. Dacanay ' s unacceptab le behavior continued,
3567was repetitive, and did not respond to progressive discipline
3576procedures. Board Policy 4140, Disciplinary Guideline (E)
3583provides that dismissal is appropriate in these circumstances.
35916 5. Board Policy 4140C identifies 12 aggravating or
3600mitigating circumstances to be considered in imposing a penalty.
3609All but four of them weigh in favor of dismissal. The four that
3622do not are actual damage, pecuniary gain, length of employment,
3632and whether the misconduct was motivated by unlawful
3640discr imination.
36426 6. Of the nine that weigh in favor of dismissal, the first
3655is the threat posed to the health, safety , or welfare of the
3667students. Ms. Dacanay ' s inability to perform her duties placed
3678the very vulnerable population of students , which she served , at
3688risk for injury.
36916 7. The second is the severity of the offense. Not
3702performing the basic functions of a position, especially when
3711vulnerable students with disabilities are depending on you , is a
3721severe offense.
37236 8. The third is the degree of studen t involvement. All of
3736Ms. Dacanay ' s failings directly involved the students for whom
3747she was responsible.
37506 9. The fourth is the " disciplinary history of the
3760employee, including the number of offenses, the length of time
3770between offenses as well as the sim ilarity of offenses. "
3780Ms. Dacanay ' s offenses repeated for months and were quite
3791similar.
379270. The fifth is the lack of efforts by Ms. Dacanay to
3804rehabilitate her failings.
380771. The sixth is the lack of attempts by Ms. Dacanay to
3819correct her deficiencies.
38227 2. The seventh is the impact on students and co - workers.
3835Ms. Dacanay ' s deficiencies denied students the care and attention
3846they needed and imposed additional burdens on her co - workers.
38577 3. The eighth is the " employee ' s evaluations. "
3867Ms. Dacanay ' s history of evaluations has multiple warnings and
3878reprimands for failings very similar to the specific offenses
3887upon which the District relies for her discharge.
38957 4. Consequently , the aggravating factors outweigh the
3903mitigating factors .
3906RECOMMENDATION
3907Based on t he foregoing Findings of Fact and Conclusions of
3918Law, it is RECOMMENDED that the Pinellas County School Board
3928enter a final order finding that there is just cause to terminate
3940Ms. Dacanay ' s employment and terminating her professional service
3950contract for j ust cause pursuant to section 1012.33, Florida
3960Statutes.
3961DONE AND ENTERED this 27th day of November , 2013 , in
3971Tallahassee, Leon County, Florida.
3975S
3976JOHN D. C. NEWTON, II
3981Administrative Law Judge
3984Division of Administrative Hearings
3988The DeSoto Building
39911230 Apalachee Parkway
3994Tallahassee, Florida 32399 - 3060
3999(850) 488 - 9675
4003Fax Filing (850) 921 - 6847
4009www.doah.state.fl.us
4010Filed with the Clerk of the
4016Division of Administrative Hearings
4020this 27th day of November , 2013 .
4027ENDNOTE
40281/ All references are to the 2013 edition of the Florida
4039Statutes.
4040COPIES FURNISHED:
4042Pam Stewart, Commissioner of Education
4047Department of Education
4050Turlington Building, Suite 1514
4054325 West Gaines Street
4058Tallahassee, Florida 32399 - 0400
4063Dr. Michael A. Grego, Superintendent
4068Pinellas County School Board
4072301 4th Street Southwest
4076Largo, Florida 33770 - 2942
4081Matthew Carson, General Counsel
4085Department of Education
4088Turlington Building, Suite 1244
4092325 West Gaines Street
4096Tallahassee, Florida 32399 - 0400
4101Laurie A . Dart, Esquire
4106Pinellas County Schools
4109301 4th Street, Southwest
4113Post Office Box 2942
4117Largo, Florida 33779 - 2942
4122Rose M. Dacanay
41252424 8th Avenue, Southwest
4129Largo, Florida 33770 - 2944
4134NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
4140All parties have the right to submit written exceptions within
415015 days from the date of this Recommended Order. Any exceptions
4161to this Recommended Order should be filed with the agency that
4172will issue the Final Order in this case.
![](/images/view_pdf.png)
- Date
- Proceedings
-
PDF:
- Date: 12/09/2013
- Proceedings: Transmittal letter from Claudia Llado returning Petitioner's Exhibit 14, which was not offered into evidence.
-
PDF:
- Date: 11/27/2013
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- Date: 10/22/2013
- Proceedings: Transcript Volume I-II (not available for viewing) filed.
- Date: 10/01/2013
- Proceedings: CASE STATUS: Hearing Held.
- Date: 09/19/2013
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
-
PDF:
- Date: 09/16/2013
- Proceedings: Letter to Judge Newton from L. Dart enclosing Petitioner's Pre-hearing Statement filed.
-
PDF:
- Date: 06/11/2013
- Proceedings: Order Re-scheduling Hearing (hearing set for October 1, 2013; 9:00 a.m.; Largo, FL).
-
PDF:
- Date: 06/11/2013
- Proceedings: Notice of Telephonic Pre-hearing Conference (set for September 19, 2013; 11:00 a.m.).
-
PDF:
- Date: 06/04/2013
- Proceedings: Letter to Judge Newton from L. Dart regarding hearing dates for Respondent filed.
- Date: 05/28/2013
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
-
PDF:
- Date: 05/28/2013
- Proceedings: Case Management Order (parties to advise status by June 4, 2013).
-
PDF:
- Date: 05/28/2013
- Proceedings: Letter to Judge Newton from R. Dacanay regarding respondent opposed counsel Andrew Salzman amend motion to withdraw filed.
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PDF:
- Date: 05/24/2013
- Proceedings: Notice of Telephonic Status Conference (set for May 28, 2013; 11:00 a.m.).
-
PDF:
- Date: 05/14/2013
- Proceedings: Respondent's Response to Petitioner's First Request for Production of Documents filed.
-
PDF:
- Date: 05/14/2013
- Proceedings: Notice of Serving Respondent's Verified Answers to Petitioner's Interrogatories filed.
-
PDF:
- Date: 04/17/2013
- Proceedings: Respondent's First Request for Production of Documents to Petitioner filed.
-
PDF:
- Date: 04/17/2013
- Proceedings: Respondent's Notice of Serving Interrogatories to Petitioner filed.
-
PDF:
- Date: 04/10/2013
- Proceedings: Petitioner's Notice of Serving Interrogatories to Respondent filed.
-
PDF:
- Date: 04/10/2013
- Proceedings: Petitioner's First Request for Production of Documents to Respondent filed.
-
PDF:
- Date: 04/09/2013
- Proceedings: Notice of Telephonic Pre-hearing Conference (set for May 20, 2013; 2:00 p.m.).
Case Information
- Judge:
- JOHN D. C. NEWTON, II
- Date Filed:
- 03/19/2013
- Date Assignment:
- 03/21/2013
- Last Docket Entry:
- 02/28/2014
- Location:
- Largo, Florida
- District:
- Middle
- Agency:
- ADOPTED IN PART OR MODIFIED
Counsels
-
Rose M. Dacanay
Address of Record -
Laurie A. Dart, Esquire
Address of Record