Before the Education Practices Commission of the State of Florida iri it GERARD ROBINSON, as the GET 8 2013 Commissioner of Education, sensation Pith??i?itiES Petitioner, state or noses vs. EPC CASE N9: 12-0244-RT index N9: JOSEPH ANDREW PPS NQ: 101-1945 Respondent. Final 0 rder Respondent, Joseph Andrew Castorina, holds Florida educator?s certificate no. 853313. Petitioner has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. Petitioner and Respondent have entered into a Revised Settlement Agreement for resolution of this cause. The Revised Settlement Agreement and the Administrative Complaint are attached to and made a part of this Final Order. ATeacher Hearing Panel of the Education Practices Commission met on September 13, 2013, in Tallahassee, Florida. The Commission accepts the Revised Settlement Agreement as the appropriate resolution of this cause. It is therefore ORDERED that the Revised Settlement Agreement is hereby ACCEPTED and Respondent shall comply with its terms and conditions. Final Order Joseph Andrew Castcrina Page 2 This Order becomes effective upon tiling. DONE AND ORDERED, this 4th day of October, 2013. COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports Superintendent, Citrus County Schools 1007 W. Main St. Inverness, FL 344504625 Director of Personnel Citrus County Schools 1007 W. Main St, inverness, FL 34450-4625 Rachel Clark Assistant Attorney General Probation Office ?Mm/iv 11?; raw/{ewg/ Presiding Officer NOTICE OF RIGHT TO JUDICIAL REVIEW UNLESS WAIVED, 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 Joseph Andrew Castorina Page 3 QERTEFICATE OF SERVICE I HEREBY the foregoing Order was mailed to Joseph Andrew Castorina, Lecanto, Florida 34461?9777 and Emily Moore, FEA, 213 South Adams Street, Tallahassee, Florida 32301 by Certified US. Mail and by electronic mail to Paul Rendleman, Assistant General Counsel, Suite 1232, Turlington Building, 325 West Gaiaes Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esquire, Post Office Box 5675, Douglasville, Georgia 30154 this day of October, 2013. Jar?iice Harris, Education Practices Commission . STATE- GF LGRESA my emcnees 1.7011111118310111 1E 1. 111E 1? EE Er 31$ 5211.. 5.11"} EA 11?? 13,111" 1.3 C0111111issi1121e1? Petitioner, vs. N6. 1014945 1108131311. ANDREW CASTGRINA. Res 11011 dent. REVISED Petitioner 11.11111112319011de111 hereby stipulate 3.1.111 agree as 1111101113: 1. Certification. Respendest 1101115 Fierids Iffiducetor?s Certi?cate Number 853313 issued by the Deparhnent covering the areas of Mathematics and Education. which is 11111111. through 1111111 30. 2016. '7 .IEmeIey.1ne1:.E Respondent was 1.1111110yede E1. 3. Allegations. Reseendent 1111111111 admns ?.1101 demes but e1ects 1101? 1:0 00111133111111 11111.011110113 8&1? 1111111. 111 PeEitionet? A.d111111is?11111?ive C01E1plail1t 12111111111311: here111 by 1efe1e11ce 4. 81152111131011. 1.1113110111111111 agrees 10 accept a {we (2) year seepensioe of his 111111111 educator?s certi?cate, issuance 111711113 1.3111211. Order entered by the Educaticn Practices C01111111ss1011 (EFC) ecce 1.1111311; 1111s Sett1e111e11t ?eemeet. (Suspension means that Respendem may not teach 01? otherwise he e111p1eyed by a district 3137110111. 1311111711 01? public s1: 1.11101 111111151 capacity requiring direct contact with students 101 the (111.1? 11111111 0f the suspension 131.1 1011 However 11? app heeble Respondent may 111111111! the cerh?cete. 5. 13101121111111. Re3p0?11d.e11teg1ees that he $111111 be _.p1aced 011 1110131111011 101.? 1:1 pe110d 01? three (1) e111p10y111e111ye211fs 11 Respondent 15 currently 11111131031111.1111 11 1103111011 rec 111111111; ?51. 101111.21 educator cem?cete, 1310132111011 $112111. begm 111301111112 1ssuence 0ft11e 10.1131 0111111? by the Education Practices (10011111351011 (RFC) 11113111111111 the RFC has accepted 11113 Settiemem AgreemenE If Respendent IS 11.01: currently employed 111 a 1308111011112111111111g E1F10171da 1311111021101? 5; 1.1.11111111111, 1110132111011 begin 1113011 1118 1e- 1111111 110y3111e11t 111 such 21 1303111011. 111 the event Res pendent? e111plcy111e11t 1s 1.111:e1111pted 101111131? reason prior 10 the expuetien 0:1 11111131111011 the JOSEPH. ANDREW CASTORINA Revised. Settlement Agreement Page 2 of 4 probation shall. he tolled. until Respondent resumes employment in a position requiring a Florida educator?s certificate. As conditions of probation, Respondent: a. . shall immediately contact the Department of Education upon employment in Florida in a position. requiring a Florida educator?s certi?cate or upon termination from such a position. if currently employed in such a position, Respondent shall contact the Department of Education Within ten {10) days of the issuance of the Final Order accepting this Settlement Agreement and. Respondent shall provide the Department of Education with. the name and. address of his work; site as well as the same, address and telephozie number of his irm?nediate supervisor; b. shall. make arrangements "for his immediate supervisor to provide the EPC with. a true and. accurate copy of each written annual performance evaluation or assessment prepared by his supervisor within ten days ofits preparation; c. shall pay to the IEPC $150.00 within the ?rst six (6) months of each probation year to defray the costs of monitoring probation; d. shall violate no law and fully comply with all district school board regulations, school roles, and State Board. of Education Rule and. 6. shall satisfactorily perform his duties in a competent, professional manner. Fine. Respondent agrees to pay a fine in the. amount of $500.00 to the EPC within the ?rst year of the probationary period. 7, Violation. In the event Respondent fails to comply with each condition set forth herein, he agrees that the Petitioner shall be authorized. to ?le an Administrative Complaint or a Notice oi?Violation with the EPC seeking sanctions against his Florida educator?s certi?cate up to and including permanent revocation of his Florida educator?s certificate and a permanent bar from rte-application for a Florida educator?s certificate, based. upon. the violation oi?t'he terms of this Settlement Agreement. 8. Costs and Fees. Respondent agrees that any costs associated with. the folifillnient of the teens of this Settlement Agreemeiit shall be his sole responsibility. These costs include, but are not limited to, those associated with the Recovery Network Program (RN13) and Probation, if applicable. The probation monitoring fee shall he held in abeyance if Resposdent is not employed as an educator pursuant to ihe terms of the Probation. 9. Force arid Effect. This Settlement Agreement constitutes 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 JOSEPH ANDREW CASTORINA. Revised Settlement Agreerrtent Page 3 of 4 EEC it tithe Settlement Agreement is not accepted and executed. by all ?parties the tones herein. she}. .1. be inadmissible 113 any subsequent fennel or i31f01133211 administrative hearing or 313 any othet iegal action between the partIes. 10. Notice of ?Three Strikes? Provision. Responderit is hereby put on notice that Section 1012 '795(6)(b) Florida Statutes provides for per moment revocation of an. educat?03 under certain when. the edttcatoi certiihcste has been sanctioned by the Education Practices Commission 013 two (2) previous occasions. 1 1. Waiver of Rights. Respondent understands provisions of this Settlement Agreen'ieotj their [egai effect, and his rights 13.33der Fictida 13W to a formal hearing before a duly" designated administrative lawjudge of the Division ot?Admi'nistratrve Hearings (DOAH) or an. i33?31333231 hearing before the EPC. Respondent speci? ea} 1y waives his 13' to "both a tourist land as info: zeal hear mg, except he may appear befOte the EPC in or der to urge the ?adoption of this Settlement Actreeme'nt Respondent tuither acknowledges that he is under 330 duress coercion or undue in?uence to execute this Settlement Agreement and. that he has had the opportunity to receive the advice of Eegsl counset prior to signing this Settlement Agreement. 1.2. Approval. When fully executed, this Settlement Agreement shall be submitted to the EEC with the joint request by the parties that the EEC accept and adopt the terms ofthis Settlement Agreement as the basis for its Final. Order in this proceeding. The parties understand that the EEC has the discretion to reject this SettlementAgree133e33t and order a full evideotiary on the al?egatioos of the Administrative Comptaioxt if, in the exercise of its discret'.i033., it deems such. action to be appropriate. 13. Notice. Respondent waives alt statutory and regulatory provisions concerning notice oi?heariog and agrees that this Settlement Agreement may be presented to the EPC for consideration at its next avaiishie schedoied. meeting, provided that Respondent is given res?sortable advanced notice of time, piace and date of said meetiog. (SIGNATURES AND NOTARIZATION 0N PAGE) JOSEPH ANDREW CASTORINA. Revised. Settlement Agreement Page 4 0174- WITNESS WHERE the Deities have executed this geniemem/X g1 cement Oh. this Welay of if ,20 ?3 - ?ew ANDREW CAUTORINA STATE OF COUNTY 01:? 02% The feiegoing twas aeknowi {edged before me thisW?jb Cm (U 3% who is personally} {?own 01 predueed LQHUK :21" as identi?cation [type of. identi?cation produced]. (Navy Fiestas HUN New 3: 66mm.?Exeires Jun 9. 20'? Qai?hm?ssien Name Bene?t} Thraugh National Notary hes NOTARY ?i?f??lc My eonmiissien expiies; 9 3? ?nun; ?wa?k? a a: ?if @314? . WEAVER, - Mm Mom The Law Of?ce of Weaver Fi?mida Education Post Of?ce Box 5675 2'13 8. A?ams St. Douglasvi?e: Georgia 30154 Tallahassee, Florida 32301 Telephoee (850) 980-0254 Telephoae (850) 224w7818 Facsimile (678) 391?0573 Feceimiie (850) 224-0447 ATTORNEY FOR PETITIONER ATTORNEY FOR STATE OF FLORMA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissiooer of Education,- Petitioner, vs, CASE N0. 1814945 JOSEPH ANEREW CASTORINA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, ?les this Administrative Complaint against JOSEPH ANDREW CASTORINA. The l?etitioner seeks the appropriate disciplinary sanction of the Respondent?s educator?s certi?cate pursuaot to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 63?1306, Florida AdministratiVe Code, Principles of Professional Conduct for the Education Profession in Flodda, said sanctions speci?cally et forth in Sections 181179-56) and lilorida Statutes. The Petitioner alleges: QERISBICTIGN l. The Respondent holds Florida Educator?s Cedi?cete 853313, covering the areas of Mathematics and I?hysicei Education, which is valid ?through June 38, 20%. 2. At all times pertinent hereto, the Respondent Was employed as 21 Mathematics Teacher at (311th High School in the Citrus County School District= MATERIAL ALLEGATIGNS 3. Between October I. 2, 2010 and? November 9, 2010, the Respondent offered to obtain several ?rearms and resell them to an individual. The individual purchased. ?rearms from, the Respondent and the Respondent offered to obtain other ?rearms to sell to the individual. The R.e3pondent did not have a license to sell the ?rearms. 4. On or about December 7, 2010, the Respondent was arrested and charged with one count ofDealing in Firearms Without a License in violation of 1.8 SC 922{e}{ On or about August 31, 201 l, the Respondent entered a plea of guilty to the charge and was adjudicated guilty. JOSEPH ANDREW CASTORINA Administrative Complaint Page 2 of 2- 5; Pursuant to Section 1012.79.50); Florida Statutes, the plea of guilty in any court or the decision of guilty by any court is prima facie proof. of grounds. for. the revocation or Other sanction of a teaching certi?cate. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in Violation of Section Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitucle as defined. by rule of the State Board ot?Edu-cation. CQUNT 2: The Respondent is in violation of Section Flarida Statutes; in that Respondent has been convicted or found guilty- of, or entered a plea of guilty to, regardless of adjudication of guilt; a misdemeanor; felony, or any other criminal charge; other than a minor traf?c violation. WHEREFQRE, based on the reasons set forth herein and in accordance with. the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impOse an appropriate sanction against the Responder}? educator" certi?cate pursuant to the authority provided in Sections 1012.795(l) arid 10123960}; Florida Statutes. The Sanctions imposed by the Education Practices Commission. may include, but are not limited to, any one or a combination ofthe following: issuing the Respondent a written reprimand"; placing the Respondent on probation for any period of time; restricting tr Respondent?s authorized scope 0 practice; assessing the Respondent an administrative tine; directing'the Respondent to enroll in the Recovery Network Program; suspending the Respondent?s educator?s certi?cate for a period of time not to exceed ?ve years; revoking the. Respondent?s educator?s certi?cate for a period of time up to 10 years or pennaneatly; determining the Resriendeat to be ineligible for certi?cati r; or barring the Respondent from reapplying for an educator?s certi?cate for a period of time up to it") years or permanently. I on this day of Mag/ah ,2012. I GERARD Commissioner of Education State of Florida