_ DIVISION GF FIVE HEARINGS pare_ FUR loos STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | IA-OAIGPL PETITIONER, v. "CASE NO. 2011-15374 SHAUN R. PADGETT, LMT, RESPONDENT. ee ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against Respondent, Shaun R. Padgett, and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of massage therapy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this complaint, Respondent was a licensed massage therapist within the state of Florida, having been issued license number MA 40523 on or about February 20, 2004. 1 . T:\PSU\Medical\DICONCILIO\MASSAGE BOARD \Padgett, Shaun - Fall to Rpt-2021-15374\AC.doc 3. Respondent's address of record is 3538 Lake Padgett Drive, Land © Lakes, Florida 34639, 4. On or about October 11, 2011, the Department received a complaint that alleged that Respondent entered a plea of nolo contendere on July 20, 2010, to two counts of Contributing to the Delinquency of a Child, in violation of Section 827.04(1)(a), Florida Statutes, in the Sixth Judicial Circult of Florida in and for Pasco County, Florida, in Case Number 2010-MM001939A000ES. 5. Certified court documents reveal that on or about February 7, 2010, Respondent committed an act which caused, or tended to cause, encouraged, or contributed to E.R., a child, and S.W., a child, becoming a delinquent or dependent child or a child in need of services, to wit: provided vodka. 6. Respondent failed to report his plea to the department in writing within thirty (30) days of the plea, as required by statute. 7. Section 480.046(1)(0), Florida Statutes (2010), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Massage Therapy. 2 J:\PSU\Medical\ DICONCILIO\MASSAGE BOARD\Padgett, Shaun - Fail to Rpt-2011-15374\AC. doc 8. Section 456.072(1)(x), Florida Statutes (2010), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for disciplinary action by the Board of Massage Therapy. 9. Respondent failed to report to the Department in writing within 30 days of his plea of nolo contendere to two counts of Contributing to the Delinquency of a Child on July 20, 2010, 10. Based on the foregoing, Respondent violated Section 480.046(1)(0), and 456.072(1){x), Florida Statutes (2010). WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 3 J:\PSU\Medical\DICONCILIO\MASSAGE BOARD\Padgett, Shaun - Fall to Rpt-2011-15374\AC.doc SIGNED this 15" day of March, 2012. Steven L. Harris, M.D., M. Sc, Interim State Surgeon General - cure Assistant General Counsel FILED DOH Prosecution Services Unit DEPARTMENT OE HEALTH 4052 Bald Cypress Way, Bin C-65 CLERK Angel Sanders Tallahassee, FL. 32399-3265 (850) 245-4640, Ext. 8129 (850) 245-4684 FAX PCP: March 15, 2012 PCP Members: Karen Harrison & Lisa Oliver 4 JAPSU\Medical\DICONCILIO\MASSAGE BOARD \Padgett, Shaun - Fail to Rpt-2011-15374\aCdoc NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum Issued on his or her behalf if a hearing is requested, NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may . include attorney hours and costs, on the Respondent in addition to any other discipline imposed. 5 3:\PSU\Medical\DICONCILIO\MASSAGE BOARD\Padgett, Shaun - Fail to Rpt-2011-15374\AC.doc

Docket for Case No: 12-002292PL