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  6. Timothy Frizzell
Timothy Frizzell
Timothy Frizzell
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Bar #26005(FL)     License for 19 years
Tallahassee FL

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Related Laws :

Florida Laws: 120.52, 120.54, 120.56, 120.569, 120.57, 120.68, 464.019, 57.111

18-001872  EMERGENCY EDUCATION INSTITUTE vs BOARD OF NURSING  (2018)
Division of Administrative Hearings, Florida Filed: Apr. 10, 2018
The issues are: 1) whether, based on the 2017 passing rate of graduates of Petitioner's prelicensure nursing education program (Program) taking the National Council of Licensing Examination (NCLEX), Respondent is required to return the Program from probationary to approved status, pursuant to section 464.019, Florida Statutes; and 2) whether, in declining to return the Program to approved status, Respondent has unlawfully relied on an unadopted rule, in violation of section 120.57(1)(e). At Petitioner's request, the parties presented evidence concerning constitutional challenges that Petitioner intends to present to a district court of appeal.No jurisdiction under s. 120.57(1) due to lack of genuine issue of material fact, even though agency's retroactive implementation of statute was ruled to be an unadopted rule in a related case, because correct implementation produces same result.
19-000442RU  EMERGENCY EDUCATION INSTITUTE vs BOARD OF NURSING  (2019)
Division of Administrative Hearings, Florida Filed: Jan. 24, 2019
The issues are whether, in violation of sections 120.54(1)(a) and 120.56(4), Florida Statutes, Respondent has made an agency statement that is an unadopted rule in implementing a 2017 statutory amendment broadening the category of first-time test-takers to be counted when calculating the passing rate of the graduates of Petitioner’s prelicensure professional nursing education program (Program) and whether, pursuant to section 57.111, Petitioner may recover attorneys’ fees and costs from Respondent. At Petitioner’s request, the parties presented evidence concerning constitutional challenges that Petitioner intends to present to a district court of appeal.Retroactive implementation of a statutory amendment changing the method of calculating the passing rate of graduates of a prelicensure nursing education program is an unadopted rule. Request for attys' fees under s. 57.111 denied.
21-000016  DREW BREZNITSKY vs DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL, WORK, MARRIAGE AND FAMILIY THERAPY AND MENTAL HEALTH COUNSELING  (2021)
Division of Administrative Hearings, Florida Filed: Jan. 04, 2021
Whether Petitioner, Drew Breznitsky (“Petitioner” or “Mr. Breznitsky”), should be issued a license as a mental health counselor intern; Whether Petitioner is unable to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of materials or as a result of any mental or physical condition pursuant to section 456.072(1)(z), Florida Statutes; and Whether Petitioner is unable to practice as a mental health counselor intern with reasonable skill or competence as a result of any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance, in violation of section 491.009(1)(p), Florida Statutes.Respondent did not establish that there was competent, substantial evidence to demonstrate that Petitioner was unable to practice as a registered mental health counselor intern.

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