STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: The revocation or )

Suspension of the )

License of Joan Celeste ) CASE NO. 75-272 Jalbert, No. 2345 )

)

RECOMMENDED ORDER

The Florida State Board of Massage ("Board" hereafter) filed an Administrative Complaint against Joan Celeste Jalbert ("Licensee" hereafter) who holds Massage License Number 2345.

APPEARANCES

The following appearances were entered:

For Board of Massage: John S. Miller, Jr.

Tallahassee, Florida

For Joan Celeste Owen McGovern, Jr. Jalbert: Denson, McGovern & Scales

Ocala, Florida

1. The Licensee requested a hearing before the Division of Administrative Hearings through a letter filed with the Division on April 18, 1975. A prehearing conference was scheduled and was conducted through a telephone conference. The parties indicated at that time that they would enter into a stipulation respecting the facts in this case. A Stipulation and Agreement was ultimately signed by counsel for the Board and for the Licensee, and was filed with the Division on June 18, 1975. A copy of the Stipulation and Agreement, and Exhibits thereto are attached. The parties stipulated that the licensee is guilty of the offenses charged in the Administrative Complaint, that the hearing officer should conclude this matter without any further evidence being taken, and that the licensee could submit letters or affidavits in mitigation of the punishment. No such letters or affidavits have been filed with the Division.

   In the Administrative Complaint it is charged that the licensee violated Chapter 480.11(a)(f) and (g). The violation is based upon the licensee's arrest on charges of keeping a house of ill-fame by performing a lewd act and failure to have a current occupational license, and operating a business without proper zoning.

   
   

2. The Stipulation and Agreement of the parties, together with Exhibits thereto, and the Administrative Complaint filed by the Board are hereby adopted as findings of fact.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter of this case and over the parties.

4. The licensee has violated the provisions of Florida Statutes 480.11(a)(f) and (g).

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED as follows:

That the license to practice massage issued to Joan Celeste Jalbert, Massage License #2345, be suspended for a period of 30 days.

ENTERED this 19th day of August, 1975 in Tallahassee, Florida.

G. Steven Pfeiffer Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida

COPIES FURNISHED:

Owen McGovern, Jr., Esquire

John S. Miller, Jr., Esquire Florida Board of Massage Post Office Box 20148 Tallahassee, Florida 32304

Docket for Case No: 75-000272

Orders for Case No: 75-000272