STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, BOARD ) OF PHARMACY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-053

)

MONROE MONFORD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a hearing officer with the Division of Administrative Hearings. This hearing was conducted on July 20, 1983 in the Richard P. Daniel Building, 111 Coast Line Drive East, Jacksonville, Florida. The recommended order is being entered following the receipt and review of the transcript of record which was filed with the Division of Administrative Hearings on August 1, 1983.

APPEARANCES

For Petitioner: Bruce D. Lamb, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: No appearance

ISSUES

The matters to be determined in this case concern an administrative complaint which has been filed against Monroe Monford a/k/a Monroe Monford, Jr. seeking to take disciplinary action based upon the allegation that the Respondent, by the entry of a plea of guilty to a violation of Section 893.13(1)(e) Florida Statutes, possession of cocaine, has thereby violated Sections 455.227(1)(c) and 465.016(1)(f), Florida Statutes.

FINDINGS OF FACT

1. Respondent, Monroe Monford also known as Monroe Monford, Jr. is a pharmacist licensed under the laws of the State of Florida, License No. 0009494 whose address is 3822 Elbert Avenue, Jacksonville, Florida 32208.

   
   

2. In June of 1982 an investigation was conducted by the Duval County Sheriff's office, Duval County, Florida leading to the arrest of the Respondent. The arrest occurred at 5929 Ramona Boulevard in the Days Inn Motel. A monitor had been placed in the room where a suspected drug transaction was to occur and it was determined that the Respondent was involved in that transaction to the

   extent of conducting a test to ascertain if the substance being purchased was actually cocaine. It was later determined to be cocaine. Another individual who was in the room with Monroe Monford, one Eddie Lee Tuff, went to a car to obtain money that was being paid for cocaine. Subsequent to that time law enforcement officials entered the room which was under surveillance and found Monroe Monford on the bed counting the money in question. Monford was arrested for a violation of Section 893.135, Florida Statutes, trafficking in a controlled substance, namely cocaine. In response to charges which were brought against Respondent in the Circuit Court of Duval County, Florida, Case No. 82- 5383CFS, Respondent entered a plea of guilty to the sale of cocaine and received a period of probation of five years, assessment of court costs in the amount of

   $12,153 and as a special condition of probation, was prohibited from practicing pharmacy in Florida or any other state while serving the probationary term. The offense to which he plead guilty was a violation of Section 893.13, Florida Statutes. Respondent was not adjudged guilty of the violation of law to which he plead, imposition of the sentence having been withheld pending the satisfactory completion of the probationary period. The date of the court disposition of the case was October 15, 1982.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action. See Subsection 120.57(1), Florida Statutes.

   
   

4. Cocaine is a Schedule II controlled substance within the meaning of Subsection 893.03(2)(a), Florida Statutes. By his plea to sale of cocaine, Respondent has admitted to a violation of Subsection 893.13(1)(a)1, Florida Statutes, which is a felony of the second degree.

   
   

5. In the face of the events related in the administrative complaint, Petitioner claims that Respondent has violated Section 455.227(1)(c), Florida Statutes, which subjects a pharmacist to possible disciplinary action because of the conviction of a felony related to the practice of his profession.

   Respondent has plead guilty to a matter sufficiently related to his profession; however, he has not been convicted of that offense, adjudication having been withheld. Therefore, no violation of Subsection 455.227(1)(c) Florida Statutes, has occurred.

   
   

6. Respondent is additionally charged under Subsection 465.016(1)(f), Florida Statutes. That provision allows for disciplinary action for those individuals who have ". . . been convicted or found guilty, regardless of adjudication, in a court of this state or other jurisdiction, of a crime which directly relates to the practice of pharmacy. A plea of nolo contendere shall constitute a conviction for purposes of this provision." No adjudication was made on the offense of sale of cocaine, however, the plea was accepted and adjudication was not necessary to establish a violation of the provision. The crime at issue being one which directly relates to the ability of the Respondent to practice pharmacy, the Respondent is guilty of Subsection 465.016(1)(f), Florida Statutes, and is subject to the penalties announced in Subsections 465.016(2), Florida Statutes.

   
   

7. In consideration of the facts found and the Conclusions of Law reached, it is

RECOMMENDED that a Final Order be entered which suspends the Respondent's license to practice, pharmacy in the State of Florida for a period of five

years, from October 15, 1982, a period which runs concurrent with the court's disposition in the criminal court case.

DONE and ENTERED this 26th day of August, 1983 in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1983.

COPIES FURNISHED:

Bruce D. Lamb, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Wesley L. Smith, Esquire 5426-1 Norwood Avenue

Jacksonville, Florida 32208

Wanda Willis, Executive Director Board of Pharmacy

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Fred M. Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

=================================================================

AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PHARMACY,

Petitioner,

vs. LICENSE NO. 9494

CASE NO. 83-053

MONROE MONFORD,

Respondent.

/

FINAL ORDER

The Florida Board of Pharmacy of the Department of Professional Regulation, after determining that no exceptions have been filed with respect to the Recommended Order entered in this case by Charles C. Adams, Hearing Officer, Division of Administrative Hearings, on August 26, 1983, and after reviewing the complete record accompanying the Recommended Order, and being otherwise fully advised in the premises, hereby adopts the Findings of Fact and Conclusions of Law contained in the attached Recommended Order.

The Florida Board of Pharmacy after reviewing the entire record in this cause has determined that the recommended penalty is too lenient especially due to the fact that Respondent has been previously disciplined by the Florida Board of Pharmacy for similar violations. As a result therefore, Respondent's license to practice pharmacy in the State of Florida is hereby REVOKED.

DONE AND ORDERED this 8th of November, 1983, by the Florida Board of Pharmacy.

WANDA WILLIS, Acting Director Florida Board of Pharmacy

COPIES FURNISHED:

Bruce D. Lamb, Esquire Wesley L. Smith, Esquire Charles C. Adams, DOAH

Docket for Case No: 83-000053

Orders for Case No: 83-000053