Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: SAMANTHA L. GRAF, C.N.A.
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Health
Locations: Sarasota, Florida
Filed: Jan. 17, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 7, 2020.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2019-38841
SAMANTHA L. GRAF, C.N.A,,
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, Samantha L. Graf, C.N.A., and in
support thereof alleges:
1. Petitioner is the state agency charged with regulating the
practice of nursing assistance 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 a certified nursing assistant (C.N.A.) within the state of
Florida, having been issued certificate number CNA 220502.
3. Respondent’s address of record is 2189 Park Road, Venice,
Florida 34293.
4. Respondent may also be located at 913 Acadia Road, Venice,
Florida 34293.
5. Onor about August 20, 2019, in the Circuit Court of the Twelfth
Judicial Circuit in and for Sarasota County, Florida, Respondent entered a
plea of no contest to one count of Neglect of a Child Without Great Bodily
Harm, a third-degree felony in violation of section 827.03(2)(d), Florida
Statutes (2019).
6. Section 464.204(1)(b), Florida Statutes (2019), provides that
intentionally violating any provision of this chapter, chapter 456, or the rules
adopted by the board constitutes grounds for disciplinary action.
7. Section 464.018(1)(d)(6), Florida Statutes (2019), provides that
being convicted or found guilty of, or entering a plea of guilty or nolo
contendere to, regardless of adjudication, a violation of chapter 827, relating
to child abuse, constitutes grounds for disciplinary action.
8. As set forth above, on or about August 20, 2019, in the Circuit
Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida,
Respondent entered a plea of no contest to one count of Neglect of a Child
Without Great Bodily Harm, a third-degree felony in violation of section
827.03(2)(d), Florida Statutes (2019).
9. Based on the foregoing, Respondent violated section
464.204(1)(b), Florida Statutes (2019), by intentionally violating section
464.018(1)(d}(6), Florida Statutes (2019), by being convicted or found guilty
of, or entering a plea of guilty or nolo contendere to, regardless of
adjudication, a violation of chapter 827, relating to child abuse.
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 certificate, 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.
[signature page follows]
SIGNED this __ 25 day of November , 2019.
Scott A. Rivkees, MD
State Surgeon General
FILED Ja] Dbibiy. A. Cresuford
DEPART OEHEALTH Pili A. Crawford |
ssistant General Counse’
CLERK: (rare Moxud — Fla, Bar No. 91378
pate:___NOV_2 5 2019. Florida Department of Health
Prosecution Services Unit
4052 Bald Cypress Way, Bin #C65
Tallahassee, FL 32399-3265
Telephone: (850) 558-9829
Facsimile: (850) 245-4662
Email: Philip.Crawford@flhealth.gov
/PAC
PCP: November 22, 2019
PCP Members: Habgood & Forst
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.
Docket for Case No: 20-000188PL
Issue Date |
Proceedings |
Feb. 07, 2020 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 06, 2020 |
Notice of Filing Respondent's Second Amended Election of Rights Form Requesting Informal Hearing filed.
|
Feb. 06, 2020 |
Respondent's Second Amended Election of Rights Form filed.
|
Feb. 06, 2020 |
CASE STATUS: Motion Hearing Held. |
Feb. 05, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for February 6, 2020; 11:00 a.m.).
|
Feb. 04, 2020 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 30, 2020 |
Order of Pre-hearing Instructions.
|
Jan. 30, 2020 |
Notice of Hearing by Video Teleconference (hearing set for March 5, 2020; 9:30 a.m.; Sarasota and Tallahassee, FL).
|
Jan. 28, 2020 |
Joint Response to Initial Order filed.
|
Jan. 21, 2020 |
Notice of Filing Petitioner's First Request for Admissions, Petitioner's First Set of Interrogatories, and First Request for Production filed.
|
Jan. 21, 2020 |
Initial Order.
|
Jan. 17, 2020 |
Letter to Kevin Griffith from Phillip Crawford regarding your petition for formal hearing filed.
|
Jan. 17, 2020 |
Administrative Complaint filed.
|
Jan. 17, 2020 |
Amended Election of Rights filed.
|
Jan. 17, 2020 |
Agency referral filed.
|