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DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY vs FRANK BROWN, 01-004192PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004192PL Visitors: 41
Petitioner: DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY
Respondent: FRANK BROWN
Judges: HARRY L. HOOPER
Agency: Department of Health
Locations: Pensacola, Florida
Filed: Oct. 25, 2001
Status: Closed
Recommended Order on Wednesday, February 27, 2002.

Latest Update: Oct. 17, 2019
Summary: Whether Respondent violated Section 490.009(2)(c), Florida Statutes (2000).Exhibitionism found to directly impact a psychologist`s fitness to practice his profession.
01004192_282_10172019_15014595_e



STATE OF FLORIDA

BOARD OF PSYCHOLOGY

Pinal Ordff No. DOmH-0

FILED DAR • 1

of


f .MQA

1

O?.,


DEPARTMENT OF HEALTH. BOARD OF PSYCHOLOGY.

By: i,) c;;J,• e,

0tputy A&ency


Petitioner.


\IS.


FRANK BROWN,


Respondent.

DOAH CASE NO: 01-4192PL AHCA CASE NO.: 2000-15736 LICENSE NO.: PY2079


FINAL ORDER

This matter was heard by the Board of Psychology (hereinafter "the Board") pursuant lo Section


120.569 and 120.57(1), Florida Statutes. on June 7, 2002, at a duly-noticed publie meeting of the Board held in Tampa, Florida, for consideration of the Administrative Law Judge's Recommended Order(a copy of which Is attached hereto as ·Exhibit A") In the case of Department of Health, Board of Psycllology v. Frank Brown, DOAH Case No. 01-4192PL; and for consideration of Respondent's motion for stay of suspension . Respondent was served with an Administrative Complaint, filed August 17, 2001, alleging a violation of Seclion 490.009{2)(c). Florida Statutes. (A copy of the Admlnlstrallve ComplafRt is attached hereto as "Exhibit «B".) At the June 7, 2002, meeting of tho Board, the Respondent was present, and he was represented by Paul W. Lambert, Esquire. The Petltioner was represented by Mary Denise O'Brien, Esquire, Agency for Health Care Administration.

Upon consideration of the Administrative Law Judge's Recommended Order, efler review of the entire record and having been otherwise fully advised In its premises, the Board makes the following

findings and conclusions:


FINDINGS OF FACT


  1. . The Administrative Law Judge's Findings of Fact are approved and adopted In toto and are Incorporated herein by reference.

  2. Through counsel, Respondent filed axcepUons to the Admintstratlve Law Judge's


    Recommended Order; however, Respondent's motion for stay of suspension withdrew the exceptions.


  3. Section 456.072(4), Florida Statutes, provides that In aodillon to any other discipline imposed


    through final order entered on or after July 1. 2001, for a violation of the practice act. the Board shall


    Filed October 17, 2019 3:01 PM Division of Administrative Hearings

    I

    .. . ..

    assess costs related to the investigation and prosecution of the case.


  4. The costs of investigation and prosecution of this matter total thlrteeo thousand, forty-six dollars and fifty-three cents ($13,046.53).

  5. There ls competent, substantial evidence to support the Board's findings.


CONCLUSIONS OF LAW

  1. The Board has Ju r isd iction of the parties and subject matter of this case pursuant to iOns


    12.569and12.57,Fl0<ida Statutes . and Chapter 490, Florida Statutes.


  2. The Administrative Law Judge's Conciusioos of Law are approved and adopted in toto and are incorporated herein by reference.

  3. There is competent, substantial evidence to support the Board's conciuslons.


PENALTY


Upon a complete review of the record. the Board approves and adopts the Administrative Law Judge's recommendation that a Final Order be entered finding that Respondent, Frank BroNn, violated Section 490.009(2)(c), Flortda Statutes, and suspending his license to practice psychology for one year,

or a lesser period of time should he demonstrate to the Board that he is rehabilitated.


WHEREFORE, ft Is ORDERED AND ADJUDGED that the license of the Respondent, Frank Brown. to practice psychology, license number PY 2079. is suspended for one year, or a lesser period of time should he demonstrate to the Board that he Is rehabilita ted. Respondent shall pay the costs of Investigationand prosecution of ttiis matter, which total thirteen thousand, forty-six dollars and fifty-three cents ($13,046 .53). Respondent shall pay this amount to the Department of Health, Board of Psychology, P.O . Box 6340, Tallahassee, Florida 32314, within one year of the date of filing of this Final

dayr ,

Order.


The Respondent's motion for stay of suspension Is denied.


This Final Order shall become effective upon filing wtth the Cleric of the Department of Health.

DONE ANO ORDERED. tt,;s .£_


200 2 ,

BOARD OF PSYCHOLOGY

(L9

Howerton, Executive Director,

for Keturah Jenkins-Hall, Ph.D., Chair


Kaye


NOTICE OF RIGHT TO APPEAL

Pursuant to Sectlon 120.569, Florida Statutes, the parties are hereby notified lhat they may appeal lhls Final Order by filing one copy of a Notice of Appeal wtth the Cieri< of the Depar1ment of Heatlh and by fifing the filing fee and one copy of lhe Notice of Appeal with the District Court of Appeal within 30 days of the date this Final Order is fded.


CERTIFICATE PE SEBY!CE

I HEREBY CERTIFY THAT a true and correct copy of the foregoing has been forwarded by United States Mau to Paul W. Lambert, Esquire, Magnolia centre. Sutte 102, 1203 Governor's Square Boulevard, T all ahassee, Florida 32311-2960; Lisa P98$8, Eaqulre, 2727 Mahan OrtYe, Malstop 39,

Tallahassee, Florida 32308; and to Ma,y Denise _9'8rlen, Esquire, Senior Attorney, AQerw;;y for Health

care Administration, P.O. Box 14229, Tallahasaee, Florida 32317-4229, on lhla 4- g/


day of


F:WSERS\ADMIN\Su \BrcMn. Fnink FinalOrd«.wpd


Docket for Case No: 01-004192PL
Issue Date Proceedings
Oct. 17, 2019 Agency Final Order filed.
Oct. 17, 2019 Respondent's Exceptions to Recommended Order filed.
Feb. 27, 2002 Recommended Order issued (hearing held January 16, 2002) CASE CLOSED.
Feb. 27, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Feb. 20, 2002 Petitioner`s Proposed Recommended Order filed.
Feb. 20, 2002 Respondent`s Proposed Recommended Order filed.
Feb. 11, 2002 Order issued (Proposed Recommended Orders are due by February 20, 2002).
Feb. 06, 2002 Respondent`s Motion for Extension of Time Within Which to File Proposed Recommended Orders filed.
Jan. 30, 2002 Transcript filed.
Jan. 16, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jan. 11, 2002 (Joint) Prehearing Stipulation (filed via facsimile).
Jan. 11, 2002 Order issued (the motion to continue is denied).
Jan. 10, 2002 Petitioner`s Response to Respondent`s Motion for Continuance (filed via facsimile).
Jan. 10, 2002 Respondent`s Motion for Continuance filed.
Dec. 03, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 16 and 17, 2002; 9:30 a.m.; Pensacola, FL).
Nov. 28, 2001 Motion for Continuance (filed by Petitioner via facsimile).
Nov. 19, 2001 Notice of Correction of Address filed by Respondent.
Nov. 16, 2001 Notice of Serving Discovery to Respondent (filed by Petitioner via facsimile).
Nov. 09, 2001 Order of Pre-hearing Instructions issued.
Nov. 09, 2001 Notice of Hearing issued (hearing set for January 14 and 15, 2002; 9:30 a.m.; Pensacola, FL).
Nov. 05, 2001 Joint Response to Initial Order (filed via facsimile).
Oct. 29, 2001 Initial Order issued.
Oct. 25, 2001 Request for Formal Hearing filed.
Oct. 25, 2001 Administrative Complaint filed.
Oct. 25, 2001 Agency referral filed.

Orders for Case No: 01-004192PL
Issue Date Document Summary
Feb. 27, 2002 Recommended Order Exhibitionism found to directly impact a psychologist`s fitness to practice his profession.
Source:  Florida - Division of Administrative Hearings

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