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DEPARTMENT OF HEALTH, BOARD OF NURSING vs SHEREE ENGLISH, R.N., 01-000677PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000677PL
Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: SHEREE ENGLISH, R.N.
Judges: DANIEL M. KILBRIDE
Agency: Department of Health
Locations: Tampa, Florida
Filed: Feb. 16, 2001
Status: Closed
Recommended Order on Wednesday, July 18, 2001.

Latest Update: Jul. 06, 2004
Summary: Respondent plead nolo contendere to two felonies, grand theft and fraudulent use of a credit card; crimes are related to practice of nursing; guilty; rehabilitation demonstrated; suspension; fine.
U | U STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH -” Petitioner, vs. Case No. 2000-03497 SHEREE ENGLISH, . af fL- Respondent. Ol Oe / 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 the Respondent, Sheree English, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 456, and 464, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaimt, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is and has been at all times material hereto, a licensed Registered Nurse in the State of Florida, having been issued license number 2789282. 4. Respondent's last known address is 1215 E. North Street, Tampa, FL33604 Le ) 5. While employed at Tampa General Hospital, the Respondent plead nolo contendere to grand theft in the-3 degree after she stole a co-employee’s credit card at their place of employment and subsequently fraudulently used the credit card to purchase items. 6. Based on the foregoing, Respondent is subject to discipline pursuant to section 464.018(1)(c), Florida Statutes, by pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing. WHEREFORE, Petitioner respectfully request that the Board of Nursing enter an Order imposing one or more of the following penalties: Revocation or suspension of Respondent's license, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. Signed hid ad day of _( Sol D eal WAEL, Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy Snurkowski, Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR THE PETITIONER: Fl Elizabeth A. Hathaway, Legal Trainee OEPARTMENT Ouernntt Agency for Health Care Administration Allied Health Section CLERK Uehi R. Kanon Post Office Box 14229 DATE /0 / 5 / pooo Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/rd as PCP: fom RL Nw] DOM: Thais d

Docket for Case No: 01-000677PL
Issue Date Proceedings
Jul. 06, 2004 Final Order filed.
Aug. 21, 2001 Motion to Strike Respondent`s Notice of Filing Addendum to Exceptions (filed by Petitioner via facsimile).
Aug. 15, 2001 Notice of Filing Addendum to Exceptions (filed by Respondent via facsimile).
Aug. 13, 2001 Petitioner`s Response to Respondent`s Exceptions (filed via facsimile).
Jul. 30, 2001 Notice of Filing Exceptions to Recommended Order (filed via facsimile).
Jul. 18, 2001 Recommended Order issued (hearing held April 23, 2001) CASE CLOSED.
Jul. 18, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jul. 13, 2001 Order issued (Petitioner`s Motion to reconstruct the testimony is granted, the Summary of Cross-Exaination of the witness, Kynnedra Booker is added to the record as an addition to the Transcript).
Jul. 13, 2001 Summary of Cross-Examination of the Witness, Kynnedra Booker issued.
Jul. 10, 2001 Respondent`s Suggestions for Corrections/Deletions of Draft Copy of the Reconstruction of Kynnedra Booker`s Cross-Examination Testimony filed.
Jul. 10, 2001 Respondent`s Motion requesting the Court to note and Reconstruct the Missing Testimony of Kynnedra Booker on Direct Examination and Objection to Petitioner`s Suggestions for Reconstruction of kynnedra Booker`s Cross-Examination Testimony (filed via facsimile).
Jul. 09, 2001 Notice of Filing Response to the Reconstructed Transcript of Kynnedra Booker (filed by Petitioner via facsimile).
Jul. 06, 2001 Petitioner`s Proposed Recommended Order filed.
Jul. 03, 2001 Petitioner`s Motion Requesting the Court to Take Note and Reconstruct the Missing Testimony of Kynnedra Booker (filed via facsimile).
Jul. 02, 2001 Summary of Testimony of Two Witnesses, Sheree English and Barbara Ward filed.
Jun. 29, 2001 Notice of Filing Deposition of Fred Herold, Manager, Bay Area Court Reporting (filed via facsimile).
Jun. 29, 2001 Deposition (of F. Herold) filed via facsimile.
Jun. 29, 2001 Deposition (of S. Williams) filed.
Jun. 29, 2001 Notice of Filing Deposition of Susan Williams, Accuscript Court Reporting (filed via facsimile).
Jun. 29, 2001 Notice of Filing Reply to Judge`s Suggested Summary of Lost Testimony (filed via facsimile).
Jun. 28, 2001 Notice of Filing Deposition of Fred Herold, Manager, Bay Area Court Reporting (filed via facsimile).
Jun. 28, 2001 Notice of Filing June 14, 2001 Memo from Deborah White, ACHA Contract Administration, RE: ACHA Contracts with Court Reporters (filed via facsimile).
Jun. 27, 2001 Order issued (the parties shall file their proposed recomended orders by July 6, 2001).
Jun. 26, 2001 Motion in Opposition to Petitioner`s Motion to Extend Time (filed via facsimile).
Jun. 26, 2001 Notice of Cancellation of Deposition (C. Bowman) filed via facsimile.
Jun. 25, 2001 Notice of Filing (of transcript of motion hearing held on June 13, 2001) filed via facsimile.
Jun. 25, 2001 Motion for Extension of Time (filed by Petitioner via facsimile).
Jun. 22, 2001 Notice of Filing (post-hearing submittals) filed via facsimile.
Jun. 22, 2001 Proffer & Affidavit (filed by Respondent via facsimile).
Jun. 22, 2001 Notice of Filing Proffer & Affidavit (filed by Respondent via facsimile).
Jun. 21, 2001 Notice of Filing Letter to Petitioner with Objection to Motion and to Claim Time to Respond (filed via facsimile).
Jun. 21, 2001 Petitioner`s Motion to Cancel the Respondent`s Deposition Duces Tecum and Production from Non-Party and Request for Attorney`s Fees filed.
Jun. 15, 2001 Notice of Production for Non-Party (filed by Respondent via facsimile).
Jun. 14, 2001 Notice of Taking Deposition Duces Tecum (S. Williams) filed via facsimile.
Jun. 14, 2001 Notice of Taking Deposition Duces Tecum (F. Herold) filed via facsimile.
Jun. 14, 2001 Notice of Taking Deposition Duces Tecum (C. Bowman) filed via facsimile.
Jun. 13, 2001 Order issued. (motion for reconsideration denied; parties ore tenus motions for attorney`s fees and cost are both denied; parties are directed to file post hearing submittals by 6/29/01)
Jun. 12, 2001 Petitioner`s Response in Opposition to Respondent`s Motion for Reconsideration filed.
Jun. 12, 2001 Notice of Hearing (motion hearing set for June 12, 2001; 2:00 p.m.) filed via facsimile.
Jun. 06, 2001 Amended Certificate of Service (for Motion for Reconsideration) filed by Respondent via facsimile.
Jun. 06, 2001 Motion for Reconsideration (filed by Respondent via facsimile).
Jun. 05, 2001 Transcript of Hearing on May 25, 2001 (filed via facsimile).
Jun. 05, 2001 Notice of Filing (Transcript of Hearing on May 25, 2001) filed via facsimile.
May 31, 2001 Affidavit (of S. Williams) filed.
May 29, 2001 Order issued (parties shall file thier proposed recommended orders by June 18, 2001).
May 23, 2001 Hearing by Video Teleconference (Transcript) filed.
May 23, 2001 Motion for Extension of Time (filed by Petitioner via facsimile).
May 07, 2001 (Proposed) Order (of dismissal) filed by Respondent.
May 07, 2001 Proffer filed by Respondent.
May 07, 2001 Memorandum of Law filed by Respondent.
May 07, 2001 Notice of Filing Post-Hearing Submittals filed by Respondent.
Apr. 23, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 23, 2001 Notice of Filing (arguments of counsel on Respondent`s Motion for Partial Summary Judgment; Argument of Counsel on Respondent`s Motion for Partial Summary Judgment (filed via facsimile).
Apr. 20, 2001 Notice of Filing Exhibits; Exhibits filed.
Apr. 20, 2001 Petitioner`s Response in Opposition to Respondent`s Motion in Limine filed.
Apr. 20, 2001 Notice of Filing (Respondent`s Exhibits); Respondent`s Exhibits (filed via facsimile).
Apr. 19, 2001 Order issued (Petitioner`s Motion to Take Testimony by Telephone is denied).
Apr. 19, 2001 Motion in Limine (filed by Respondent via facsimile).
Apr. 18, 2001 Notice of Response to Respondent`s Interrogatories (filed via facsimile).
Apr. 18, 2001 Notice of Filing Addendum to Proposed Amended Prehearing Statement (filed via facsimile).
Apr. 18, 2001 Motion in Limine or in the Alternative Motion to Strike (filed by Petitioner via facsimile).
Apr. 18, 2001 Motion to Take Testimony by Telephone (filed by Petitioner via facsimile).
Apr. 18, 2001 Notice of Filing Petitioner`s Response to Requests for Interrogatories (filed via facsimile).
Apr. 18, 2001 Notice of Response to Respondent`s Admissions (filed via facsimile).
Apr. 18, 2001 Notice of Filing Petitioner`s Response to Request for Admissions (filed via facsimile).
Apr. 18, 2001 Notice of Filing (2) (depositions of B. Ward and J. Gagne); Depositions (filed via facsimile).
Apr. 17, 2001 Notice of Filing (deposition ofB. Ward); Deposition (filed via facsimile). filed.
Apr. 17, 2001 Notice of Filing (deposition of J. Gagne); Deposition (filed via facsimile). (filed via facsimile).
Apr. 17, 2001 Notice of Filing (deposition of K. DiSalvo); Deposition (filed via facsimile).
Apr. 17, 2001 Amended Unilateral Prehearing Statement (filed by Petitioner via facsimile).
Apr. 16, 2001 Unilateral Prehearing Statement (filed by Petitioner via facsimile).
Apr. 16, 2001 Amended Proposed Prehearing Statement (filed by Respondent via facsimile).
Apr. 16, 2001 Witness List (filed by Respondent via facsimile).
Apr. 16, 2001 Proposed Prehearing Statement (filed via facsimile).
Apr. 16, 2001 Notice of Cancellation of Deposition filed via facsimile.
Apr. 12, 2001 Order Denying Motion for Partial Summary Judgement issued.
Apr. 11, 2001 Notice of Cancellation of Deposition (filed via facsimile).
Apr. 10, 2001 Notice of Hearing (Motion hearing set for April 11, 2001, 11:30 a.m.) filed by Respondent via facsimile.
Apr. 09, 2001 Amended Notice of Taking Deposition Duces Tecum (filed via facsimile).
Apr. 09, 2001 Amended Notice of Taking Deposition Duces Tecum (filed by Respondent via facsimile).
Apr. 09, 2001 Notice of Filing (of Exhibits); Exhibits (filed via facsimile).
Apr. 09, 2001 Notice of Filing Correction to Respondent`s Motion for Partial Summary Judgment (filed via facsimile).
Apr. 06, 2001 Amended Notice of Taking Deposition Duces Tecum (filed via facsimile).
Apr. 06, 2001 Petitioner`s Response in Opposition to Respondent`s Motion for Partial Summary Judgment filed.
Apr. 05, 2001 Notice of Taking Deposition Duces Tecum (filed by Respondent via facsimile).
Apr. 05, 2001 Respondents Responses to Request for Production (filed via facsimile).
Apr. 05, 2001 Respondents Responses to Interrogatories (filed via facsimile).
Apr. 05, 2001 Notice of Filing (Petitioner`s Interrogatories) filed via facsimile.
Apr. 04, 2001 Notice of Taking Deposition (5) filed by Petitioner via facsimile.
Apr. 03, 2001 Witness List (filed by Respondent via facsimile).
Apr. 02, 2001 Order issued (Respondent`s Motion for Change of Venue is Denied).
Apr. 02, 2001 Notice of Limited Appearance (filed by Respondent`s via facsimile).
Mar. 30, 2001 Motion for Partial Summary Judgment (filed by Respondent via facsimile).
Mar. 29, 2001 Motion for Change of Venue (filed by Respondent via facsimile).
Mar. 28, 2001 Notice of Filing (2 exhibits for motion hearing); 2 letters to Respondent from E. Hathaway requesting further communication be in writing (filed by Respondent via facsimile).
Mar. 27, 2001 Notice of Filing (Addendum to her Request for Shortened Time for Petitioner`s Response to Respondent`s Discovery Requests) filed via facsimile.
Mar. 27, 2001 Notice of Filing (reference letters); 3 reference letters filed by Respondent via facsimile.
Mar. 27, 2001 Respondents Responses to Request for Admissions (filed via facsimile).
Mar. 27, 2001 Notice of Hearing (Telephonic Motion Hearing set for March 28, 2001, 11:30 a.m.) filed via facsimile.
Mar. 27, 2001 Notice of Filing, Discovery (filed via facsimile).
Mar. 27, 2001 Petitioner`s Motion to Deem Admissions Admitted or in the Alternative Compel Respondent to Answer Petitioner`s Admissions filed.
Mar. 27, 2001 Petitioner`s Response to Respondent`s Motion for Protective Order filed.
Mar. 27, 2001 Petitioner`s Response in Opposition to Respondent`s Request for Shortened Time for Petitioner`s Responses to Respondent`s Discovery Request filed.
Mar. 27, 2001 Notice of Filing (Addendum to the Motion for Protective Order) filed via facsimile.
Mar. 23, 2001 Notice of Taking Deposition in Lieu of Testimony at Hearing (filed via facsimile).
Mar. 21, 2001 Letter to Elizabeth Hathaway from S. Suarez (responding to letter of March 20, 2001) filed.
Mar. 20, 2001 Petitioner`s Requests for Admissions (filed via facsimile).
Mar. 20, 2001 Motion for Protective Order (filed by S. Suarez via facsimile).
Mar. 20, 2001 Request for Shortened Time for Petitioner`s Responses to Respondent`s Discovery Requests (filed by S. Suarez via facsimile).
Mar. 20, 2001 Second Request for Admissions (filed by S. Suarez via facsimile).
Mar. 20, 2001 Notice of Filing First Set of Interrogatories (filed by S. Suarez via facsimile).
Mar. 16, 2001 Notice of Appearance filed.
Mar. 16, 2001 Request for Admissions filed.
Mar. 16, 2001 Second Request for Production filed.
Mar. 16, 2001 Answer to Amended Complaint filed on January 23, 2001 filed.
Mar. 16, 2001 Affidavit of Eugene D. Weiner filed.
Mar. 16, 2001 Respondent`s Objections to a 120.57(2) Informal Hearing and Petition for 120.57(1) Formal Hearing at DOAH filed.
Mar. 16, 2001 Motion for Hearing Not Involving Disputed Issues of Material Facts (Informal) filed.
Mar. 16, 2001 Respondent`s Request for Production filed.
Mar. 16, 2001 Election of Rights Form filed.
Mar. 16, 2001 Administrative Complaint filed.
Mar. 16, 2001 Notice of Filing filed by Suzanne Suarez.
Mar. 02, 2001 Notice of Serving Petitioner`s First Request for Production filed.
Mar. 02, 2001 Petitioner`s Requests for Admissions filed.
Mar. 02, 2001 Petitioner`s First Set of Interrogatories filed.
Mar. 02, 2001 Notice of Filing Petitioner`s Requests for Interrogatories, Admissions and Production filed.
Mar. 01, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for April 23, 2001; 9:00 a.m.; Tampa and Tallahassee, FL).
Mar. 01, 2001 Order of Pre-hearing Instructions issued.
Feb. 27, 2001 Response to Initial Order (filed by Petitioner via facsimile).
Feb. 22, 2001 Notice of Filing Pettioner`s Response to Requests for Admissions and First and Second Production (filed via facsimile).
Feb. 19, 2001 Initial Order issued.
Feb. 16, 2001 Answer to Amended Complaint filed on January 23, 2001 filed.
Feb. 16, 2001 Election of Rights filed.
Feb. 16, 2001 Administrative Complaint filed.
Feb. 16, 2001 Agency referral filed.
Nov. 17, 2000 Respondent`s Request for Production (filed via facsimile).
Nov. 17, 2000 Notice of Appearance (filed by S. Suarez via facsimile).

Orders for Case No: 01-000677PL
Issue Date Document Summary
Dec. 17, 2001 Agency Final Order
Jul. 18, 2001 Recommended Order Respondent plead nolo contendere to two felonies, grand theft and fraudulent use of a credit card; crimes are related to practice of nursing; guilty; rehabilitation demonstrated; suspension; fine.
Source:  Florida - Division of Administrative Hearings

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