STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2020-28534 JEOVANNI HECHAVARRIA, R.N., 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, Jeovanni Hechavarria, RN, and in support thereof alleges: 1. Petitioner is the state agency 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 a registered nurse within the state of Florida, having been issued license number RN 9387571. 3. Respondent's address of record is 5320 Summerlin Road, Apt. #9, Fort Myers, Florida 33919. 4. Respondent may be located at 20251 Albury Drive, Port Charlotte, Florida 33952. 5. | Respondent may be located at Lee County Jail, 2501 Ortiz Avenue, Fort Myers, Florida 33905. 6. On or about January 10, 2020, in the Circuit Court, Twentieth Judicial Circuit, in and for Lee County, Florida, Respondent was found guilty by jury of one count of sexual battery when the victim is helpless, a first- degree felony in violation of section 794.011(4)(a), Florida Statutes. 7. On or about March 16, 2020, a second corrected order was filed in the above case, adjudicating Respondent guilty of the crime listed above and imposing a sentence. 8. Section 464.018(1)(e), Florida Statutes (2019), provides 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; or having committed an act which constitutes domestic violence as defined in s. 741.28, constitutes grounds for disciplinary action. DOH v. Jeovanni Hechavarria, RN Case Number 2020-28534 9. Section 435.04(2)(s), Florida Statutes (2019), prohibits violations of section 794.011, relating to sexual battery. 10. Respondent was found guilty of an offense prohibited under s. 435.04 when, on January 10, 2020, in the Circuit Court, Twentieth Judicial Circuit, in and for Lee County, Florida, Respondent was found guilty by jury of one count of sexual battery when the victim is helpless, a first-degree felony in violation of section 794.011(4)(a), Florida Statutes. 11. Based on the _ foregoing, Respondent violated section 464.018(1)(e) 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; or having committed an act which constitutes domestic violence as defined in s. 741.28. 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 DOH v. Jeovanni Hechavarria, RN Case Number 2020-28534 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this __11th_ dayof__ September __, 2020. Scott A. Rivkees, M.D. FILE DEPARTMENT OF HEALTH State Surgeon General DEPUTY CLERK CLERK: Amanda Morales DATE: 9/11/2020 [t/ Ann L, Proacete Ann L. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0092974 (850) 558 — 5886 Telephone (850) 245 — 4662 Facsimile Email: Ann.Prescott@flhealth.gov /ALP PCP: 9/11/20 PCP Members: Stone-Gale (chair) & Forst DOH v. Jeovanni Hechavarria, RN Case Number 2020-28534 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. DOH v. Jeovanni Hechavarria, RN Case Number 2020-28534

Docket for Case No: 20-004977PL