Jones v. Turlington
| Decision Date | 07 April 1987 |
| Docket Number | No. 86-1679,86-1679 |
| Citation | 504 So.2d 811,12 Fla. L. Weekly 952 |
| Parties | 39 Ed. Law Rep. 468, 12 Fla. L. Weekly 952 Johnny L. JONES, Appellant, v. Ralph D. TURLINGTON, as Commissioner of Education, Appellee. |
| Court | Florida District Court of Appeals |
Elizabeth J. DuFresne, Miami, for appellant.
Susan T. Proctor, Gen. Counsel and Charles S. Ruberg, Counsel, Tallahassee, for appellee.
Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.
This appeal is brought from a final order of the Education Practices Commission which directs the appellant to voluntarily and irrevocably relinquish a teaching certificate.
The order is based on a stipulation whereby the appellant agreed to surrender his teaching certificate if convicted of pending criminal charges in exchange for a continuation of a scheduled administrative proceeding based on the same criminal conduct. There is now a disagreement as to what was the intent of the parties. 1
When the stipulation was entered into there were two cases pending against the appellant involving felony and misdemeanor offenses. After a trial and appeals, appellant was convicted of two misdemeanors. 2 He contends that the stipulation contemplated only felony convictions--that he would never have agreed to such a severe sanction based on misdemeanor convictions. The Commission's position is that the relinquishment agreement was not conditioned on a felony conviction.
In many respects the agreement, which would ordinarily resolve such a dispute, is extraordinary. According to on-the-record discussions the parties contemplated a written stipulation containing "specifics," but the agreement was never executed or even drafted. 3 The attorney who negotiated the agreement for appellant is deceased. The "parameters" of the agreement were placed on the record in the June 21, 1982, pre-trial administrative hearing by the attorney for the Educational Practices Commission, in the appellant's absence. The attorney who appeared for the appellant at the pre-trial hearing, although a member of the deceased attorney's law firm, may never have discussed with the appellant or the deceased attorney the specifics which give rise to the present controversy.
Fischler v. Askew, 349 So.2d 227 (Fla. 4th DCA 1977) is instructive. In reviewing an order of the State Board of Education permanently revoking a teaching certificate based on a stipulation to the same facts which supported a guilty finding in a felony prosecution, the court held:
Permanent revocation is the extreme penalty that may be imposed. In order to sustain such an order it must be supported by competent, substantial evidence. If a stipulation is to form the basis for such an order, the terms thereof and the petitioner's agreement thereto must appear clearly on the record. The stipulation relied on here is insufficient in both respects, and instead reveals a lack of agreement, as well as a possible misunderstanding of the effect of any agreement. Such a stipulation cannot be a substitute for competent substantial evidence.
Fischler, 349 So.2d at 230 (footnote omitted). See also Troup v. Bird, 53 So.2d 717 (Fla.1951) (); Tall Trees Condominium Ass'n v. Division of Florida Land Sales & Condominiums, 455 So.2d 1101 (Fla. 3d DCA 1984) ().
We need not go as far as did the court in Fischler to hold the stipulation insufficient because the case comes to us in a different procedural posture. With the case before it on the Department's motion to enforce the stipulation, the...
To continue reading
Request your trial
-
Diaz de la Portilla v. FLA. ELECTIONS COM'N, 3D02-574.
...v. Bird, 53 So.2d 717, 721 (1951); Travelers Ins. Co. v. VES Service Co., 576 So.2d 1349, 1350 (Fla. 1st DCA 1991); Jones v. Turlington, 504 So.2d 811, 813 (Fla. 3d DCA 1987); Gentile v. Dept. of Prof'l. Regulation, 448 So.2d 1087, 1089-90 (Fla. 1st DCA 1984). Accordingly we reverse the fin......