STATE OF FLORIDA BOARD OF MEDICINE

DEPARTMENT OF HEALTH,

Petitioner, DOH CASE NO.: 97-14489 DOAH CASE NO.: 99-2394

vs. LICENSE NO.: MB0053453

PEDRO RENE BENITEZ, M.D.,

Respondent.

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FINAL ORDER

THIS CAUSE came before the Board of Medicine (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on August 6, 2000, in Tampa, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order, and Petitioner's Motion to Increase Penalty, (copies of which are attached hereto as Exhibits A and B. respectively) in the above- styled cause. Petitioner was represented by Larry G. McPherson, Jr., Senior Prosecuting Attorney. Respondent was present telephonically, and his counsel, Anthony C. Vitale, Esquire, appeared at the meeting.

Upon review of the Recommended Order, the argument of the parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions.

FINDINGS OF FACT

1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

   
   

2. There is competent substantial evidence to support the findings of fact.

CONCLUSIONS OF LAW

1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 458, Florida Statutes.

   
   

2. The Board rejects the conclusion of law set forth in paragraph 21 of the Recommended Order.

3. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference as amended above.

   
   

4. There is competent substantial evidence to support the conclusions of law as amended.

RULING ON MOTION

The Board reviewed and considered the Petitioner's Motion to Increase Penalty and the Board granted the Motion based upon the reasons stated by the Petitioner.

PENALTY

Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be REJECTED based upon the following:

1. The mitigating circumstances found by the Administrative Law Judge are without merit in consideration of mitigation; specifically it was not until after Respondent was apprehended that he turned on his co-conspirators. The fact that he turned on his co-conspirators should not be given weight in deciding what disciplinary penalty is necessary to protect the citizens of Florida.

   
   

2. The fraud in this case directly relates to health care and exposes citizens of the State of Florida to harm by reducing the amount of money available for health care. Respondent cheated the citizens of Florida.

   
   

3. The offense for which he was convicted was a very serious offense for which Respondent was sentenced to seven months in prison and was ordered to pay $150,000 for restitution.

WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that

Respondent's license to practice medicine in the State of Florida is hereby REVOKED.

This Final Order shall take effect upon being filed with the Clerk of the Department of Health.

DONE AND ORDERED this 5th day of September, 2000.

BOARD OF MEDICINE

Tanya Williams

for GEORGES A. El-BAHRI, M.D. CHAIRMAN

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH The AGENCY STORK OF The AGENCY FOR HEALTH CARE ADMINISTRATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN The APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Pedro Rene Benitez, M.D., 6375 SW 136th Court, Unit I-111, Miami, Florida 33183; to Anthony C. Vitale, Esquire, 799 Brickell Plaza, Suite 700, Miami, Florida 33131; to William J. Kendrick, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by interoffice delivery to Kathryn L. Kasprzak, Chief Medical Attorney, Agency for Health Care Administration, and Simone Marstiller, Senior Attorney - Appeals, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, F1orida 32308-5403, on or before 5:00 p.m., this 12th day of September, 2000.

Connie Singletary

Docket for Case No: 99-002394

Orders for Case No: 99-002394