Before the Education Practices Commission of thcile Siatchf Florida JOHN L. as the JUN 3 2007 Commissioner of Education, EDUCATION COMMISSION Petitioner, STATE OF FLORIDA vs. CASE N9: EPC Index 0'7 DAVID C. SAMORE, Respondent. I Final Order Respondent, David C. Samore. holds Florida educator?s certi?cate no. 470062. Petitioner has ?led an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. Petitioner and Respondent have entered into a Settlement Agreement Amending Administrative Complaint for resolution of this cause. The Settlement Agreement and the Administrative Complaint are attached to and made a part of this Final Order. An Administrator Panel of the Education Practices Commission met on May 31, 2007, in Tampa. Florida. The Commission accepts the Settlement Agreement as the appropriate resolution of this cause. It is therefore ORDERED that the Settlement Agreement is hereby ACCEPTED and Respondent shall comply with its terms and conditions. Final Order David C. Samore Page 2 This Order becomes effective upon ?ling. DONE AND ORDERED, this 3! day of COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certi?cation Florida Administrative Law Reports Superintendent Palm Beach County Schools 3340 Forest Hill Blvd., Room C316 West Palm Beach, FL 33406-5869 Chief Personnel Of?cer Palm Beach County Schools 3362 Forest Hill Boulevard. Suite A-128 West Palm Beach. FL 33406-5870 Probation Of?ce Ronald G. Stowers DOE counsel for PPS Daniel Biggins Assistant Attorney General ?My . 2007. 9m ?ax DANE GILBERT. Presiding Of?cer TICE OF RI IAL RE I UNLESS WANED. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68. FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER. Final Order David C. Samore Page 3 VI REBY TIFY hat a copy of the foregoing Order was mailed to David C. Samore. Wellington, Florida 33414; and Sec N. Richard . 1551 Forum Place, Suite 30 - .West Palm Beach, Florida 33401 this ?day of $23: 2007 by Certified US. Mail. DON D. SHIELDS Education Practices Commission STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN. as Commissioner Petitioner, V8. CASE NO. 0344 IIX-M DAVID C. SAMORE. Respondent. TT ENT Petitioner and Respondent hereby stipulate and agree as follows: i. Qartiftgation, Respondent holds Florida Educator?s Certi?cate Number 470062 issued by the Department of Education covering the arms of French, Spanish. Educational Leadership, and School Principal which is valid through June- 30, 2010. 2. Emplovm cot. At all times pertinent hereto, Respondent was employed as a Principal at Okcelteelee Middle School' In the Palm Beach County School District. 3. 3. Petitioner hereby amends the Material Allegations of the Administrative Camptaint by striking paragraph 3 and adding the following: On or about October 28. 2003 Respondent dismayed a toy plasn'cca pistol (revolver) and a BB gun (automatic) at school. Respondent showed both guns mi, a 12- ear-old male student Respondent tool: the revolver and pointed it 11-. touching his neck. stated that be lower the gun was a toy at the time Respondent placed against his neck. The Palm Beach County school board Suspended the RcSpondent without pay for ten working days in January, 2004." b. Respondent neither admits her denies. but elects not to contest the allegations set forth in Petitioner's Administrative Complaint, as amended herein, which are incorporated herein by reference. 4. mm Respondent agrees to accept a period at~ suspension ofhis Florida educator's certi?cate, commencing June 6, 2007 and lasting through August 14, 2007. (Suspension means that Respondent may not be employed by any district school board or any DAVID C. SAMORE Settlement Agreement Page 2 of 4 other public school or in a position requiring a Florida educator's certi?cate in a private school during the period of suspension; however, if applicable, Respondent may renew the certificate}. 5. ?19; Respondent agrees to pay a ?ne in the amount of $1 300.00 to the EPC within one (1) year of the date of the Final Order accepting this Settlement Agreement. 6. yiglatign. In the event Respondent fails to comply with each condition set forth herein, he agrees that the Petitioner shall be authorized to tile an Administrative Complaint or a Notice of? Violation with the RFC seeking sanctions againsr his Florida educator's certi?cate up to and including permanent: revocation of his Florida educator?s certi?cate and a permanent bar from re-application for a Florida educator?s certi?cate, based upon the violation of the terms of this Settlement Agreement. 7. ?95.15 and gg?, Respondent agrees that any costs associated with the of the terms of this Settlement Agreement shall be his sole responsibility- These costs include. but are not limited to, those associated with the Recovery Network Program (RN P) and Probation. if applicable. The Probation monitoring fee shall be held in aheyance if Respondent is not employed as an educator pursuant to the terms of the Probation. 8. Eel-cc and Effect. This Settlement Agreement constinnes an offer of settlement of disputed issues of material fact until accepted and executed by all parties. The Settlement Agreement is void and has no force or effect unless executed by all parties and accepted by the EPC. if the Settlement Agreement is not accepted and executed by all parties, the terms herein shall be inadmissible in any subsequent formal or informal adminisn-ative hearing or in any other legal action between the parties. 9. ?p?ce of ?Three Strikes? Provision. Respondent is hereby put on notice that Section Florida Statutes (2004). provides for permanent revocation of an educator's certi?cate under certain circumstances when the educator?s certi?cate has been sanctioned by the Education Practices Commission on two (2) previous occasions. to. Waiye; of Righg, Respondent understands provisions of this Settlement Agreement, their legal effect, and his rights under Florida law to a fomral hearing before a duly designated administrative law judge of the Division of Administrative Hearings or an informal hearing before the EPC. speci?cally waives his right to both a formal and an informal hearing, except he may appear before the EPC in order to urge the adoption of this Settlement Agreement. Respondent further acknowledges that he is under no duress, coercion or undue in?uence to execute this Settlement Agreement and that he has had the opportunity to receive the advice of legal counsel prior to signing this Settlement Agreement. DAVID C. SAMORE Settlement Agreement Page 3 of 4 11. Approval. When fully executed, this Settlement Agreement shall be submitted to the EPC with the joint request by the parties that the EPC accept and adopt the terms of this Settlement Agreement as the basis for its Final Order in this proceeding. The parties understand that the EPC has the discretion to reject this Settlement Agreement and order a full cvidentiary hearing on the allegations of the Administrative Complaint. as amended herein, if, in the exercise of its discretion, it deems such action to be appropriate. 12. Notice. Respondent waives all statutory and regulatory provisions concerning notice of hearing and agrees that this Settlement Agreement may be presented to the EPC for consideration at its next available scheduled meeting, provided that Respondent is given reasonable advanced notice of time, place and date of said meeting. (SIGNATURES AND NOTARIZATION ON FOLLOWING PACE) DAVLD C. SAMURE Settlement Agreement Page 4 of 4 a WITNESS WHEREOF, the parties have executed this Settlement Agreement on this 2 STATE OF FLO A COUNTY OF nally known or produced - as identi?cation [type of identi?cation produccdl. rm BM 0. Was foregoing instrument was acknowledged before me this Zl$_day of 20 07?; by . who is Assistant General Comiscl Suite 1244, Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-6400 Telephone (850) 245-0443 Facsimile (850) 245-9425 ATTORNEY FOR PETITIONER SCOTT N. RICHARDSON. ESQ. 1551 Forum Plaee. Suite 300?? West Palm Beach. FL 33401 Telephone (561) 471-9600 Facsimile (561) 471-9955 All ?tr-x SCOTT mommsozv, ESQUIRF. 2592\me ~5thth Wes;- Palm-Beach: Florida 33401- Telepth-Wm (See cor rec I. address below) MEYER Meyer and Brooks. PA. 2544 Blairslonc Pines Drive Tallahassee, Florida 32301 Telephone (850} 878-5212 Facsimile (350) 65 6-6750 FOR RESPONDENT STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commission er of Education, Petitioner. vs. CASE NO. DAVID C. SAMORE, Respondent. . Petitioner. John L. inn, as Commissioner of Education, ?les this Administrative Complaint against DAVID C. SAMORB. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator?s certi?cate pursuant to Sections [012.795 and 1012.796, Florida Statutes, and pursuant to Rule 613- .006. Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions speci?cally set forth in Sections 101 2.795( 1) and Florida Statutes. The Petitioner alleges: l. The Respondent holds Florida Educator's Certi?cate 470062. covering the areas of French. Spanish, Educational Leadership. and School Principal, which is valid through June 30, 2010. 2. At all times pertinent hereto. the Respondent was employed as a Principal at Okeeh eelee School in the Palm Beach County School District. MA - LALLEGAT CNS 3. On or about October 28. 2003, Respondent was in unlawful possession of a plastic starter pistol (revolver) and a BB gun (automatic) at school. Respondent showed both guns to a 12- ar?old, male student. Respondent took the revolver and pointed it in a threatening manner at touching his neck. The school board suspended Respondent for 10 working days in January 2004. DAVTD C. SAMORE Administrative Complaint Page 2 of 2 A LATI COUNT l: The Respondent is in violation of Section Florida Statutes, in that Respondent has been guilty of' gross immoralityr or an act involving moral tnrpitud c. COUNT 2: The Respondent is in violation of Section Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board ol'Edttcation rules. RULE VIOLATIQES COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning andfor to the student's mental health andlor physical health audior safety. COUNT 4: The allegations ol?misconduet set forth herein are in violation of Rule 6B- Florida Administrative Code. in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections till 2.795(1) and 10123950), Florida Statutes, which penalty nun)r include a reprimand, probation, restriction of the authorized scope of practice, administrative ?ne, suspension of the teaching certi?cate not to exceed three years, permanent revocatiort of the teaching certi?cate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this (7 day of 2005. JOHN L. WINN. as Commissioner of Education State of Florida