STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-24400 JOSE SANTIAGO, APRN, RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Jose Santiago, APRN, and in support thereof alleges: . 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was an advanced practice registered nurse (APRN) within the state of Florida, having been issued license number APRN9191327. 3. Respondent's address of record is 75 Delacorte Way, Oviedo, Florida 32765. 4. Respondent may be located at 1204 Tisdall Court, Casselberry, Florida 32707. 5. On or about May 22, 2018, in the Circuit Court for the Eighteenth Judicial Circuit in and for Seminole County, Florida, Respondent entered a plea of no contest to one count of video voyeurism, a third- degree felony in violation of Section 810.145(6)(b), Florida Statutes. 6. Section 464.018(1)(e), Florida Statutes (2017), provides, in pertinent part, that having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction is grounds for disciplinary action. | 7. Section 435.04(2)(bb), Florida Statutes (2017), includes violations of Section 810.145, Florida Statutes, relating to video voyeurism, if the offense was a felony. 8. On or about May 22, 2018, in the Circuit Court for the Eighteenth Judicial Circuit in and for Seminole County, Florida, Respondent entered a plea of no contest to one count of video voyeurism, a third- degree felony in violation of Section 810.145(6)(b), Florida Statutes. Department of Health v. Jose Santiago, APRN 2 Case No. 2018-24400 9. Based on the foregoing, Respondent violated Section 464.018(1)(e), Florida Statutes (2017), by having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction. Department of Health v. Jose Santiago, APRN 3 Case No. 2018-24400 WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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. SIGNED this _22Cday of Avil , 2019. Bar No. 1003247 F | L E D 4o- Matthew G. Witters DEPARTMENT OF HEALTH Assistant General Counsel DEPUTY CLERK Fla. Bar No. 0091245 CLERK: (hat MoUs Florida Department of Health DATE: APR 2 3 2079 Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 599-9918 Facsimile: (850) 245-4662 Email: matthew.witters@flhealth.gov PCP Meeting: April 23, 2019 PCP Members: John P. McDonough; Derrick C. Glymph Department of Health v. Jose Santiago, APRN 4 Case No. 2018-24400 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Department of Health v. Jose Santiago, APRN Case No, 2018-24400

Docket for Case No: 19-002872PL