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DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY, AND MENTAL HEALTH COUNSELING vs FRANK LEAR, 01-004592PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004592PL Visitors: 5
Petitioner: DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY, AND MENTAL HEALTH COUNSELING
Respondent: FRANK LEAR
Judges: CHARLES C. ADAMS
Agency: Department of Health
Locations: Daytona Beach, Florida
Filed: Dec. 04, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 20, 2002.

Latest Update: Jan. 09, 2025
STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF KR CLINICAL SOCIAL WORK, MARRIAGE ; AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING, Petitioner, Dd / - ys SFI2- p 7 vs. AHCA Case Number: 2000-13265 FRANK LEAR, ' , Respondent. e / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, against FRANK LEAR, hereinafter referred to as “Respondent,” and alleges: : 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the profession of mental health counseling pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes (formerly Chapter 455, Part II, see Chapter 2000-160, Laws of Florida), and Chapter 491, Florida Statutes. Pursuant to Section 20.43(3)(2), Florida Statutes, the Department has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times ‘material ‘hereto, a Mental Health Counselor, licensed in the State of Florida, having been issued license number MH 5320. - 3. The last address of record of the Respondent is 2075 La Valley Lane, Glenwood, Florida 32720. 4. On September 27, 2000, an Amended Information was filed in the Circuit Court of the Seventh Judicial Circuit, in and for Volusia County, Florida, in the case of the State of Florida vs. Frank Leon Lear, Case Number 99-34738-CFAES. The Amended Information brought three charges against the Respondent: Count I, Lewd or Lascivious Act in the Presence of a Child, in violation of F.S. 800.04(4), a Second Degree Felony; Direct Count I, Exposure of Sexual Organs, in violation of F.S. 800.03, a first degree misdemeanor; and Direct Count HI, Child Abuse (Contributing to Delinquency/Dependency of Child), in violation of F.S. 827.04, a first degree misdemeanor. 5. On September 27, 2000, an Order of Probation was entered against the Respondent. The The Respondent entered a plea of nolo contendere to exposure of sexual organs, a first degree misdemeanor, Direct Count II of the Amended Information, and entered a plea of nolo contendere to child abuse (contributing to the delinquency/dependency of a child), a first degree misdemeanor, Direct Count Il of the Amended Information. Count I of the Amended Information was dropped. 6. The Order of Probation placed the Respondent on probation for one (1) year. 7.. Charges related to the exposure of sexual organs and contributing to the delinquency/dependency of a child reflect poor judgment and poor decision-making skills. Requisite skills for a mental health counselor include the ability to use and counsel critical thinking skills and good decision-making. 8. Chapter 491, Florida Statutes, states that a licensee is subject to discipline if the licensee enters a plea of nolo contendere to a crime in any jurisdiction which directly relates to the practice of his profession or the ability to practice his profession. Based on the foregoing, the Respondent is subject to discipline for violation of Section 491.009(2)(c), Florida Statutes, by being convicted or found guilty of, regardless of adjudication, or . having entered a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of mental health counseling. erornem or spent oe ore er gem On oid ek en ee ee cope Os Er geo erm rr 7 WHEREFORE, Petitioner respectfully requests the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling to enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license; restriction of Respondent’s practice; imposition of an administrative fine; issuance of a reprimand; placement of the Respondent’s license on ' probation for a period of time and subject to terms and/or conditions imposed by the Board; and/or any other relief that the Board deems appropriate. . SIGNED this__| a Ih day of Oddoer 2001. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney Practitioner Regulation — Legal General Counsel’s Office -MQA COUNSEL FOR PETITIONER: ’ Deborah B. Loucks * : Senior Attorney © Florida Bar Number 0169889 Agency for Health Care Administration DEPARTME Practitioner Regulation ~ Legal DENN, CreneA TH General Counsel’s Office - MQA Post Office Box 14229 CLERK Yehif, Kener Tallahassee, Florida 32317-4229 (850) 487-9694 DATE__/ o/zzJoy “TOP: Sytner BWwerwry On \olstor povemrcer = + pyre merece ope tA ee eo

Docket for Case No: 01-004592PL
Issue Date Proceedings
Feb. 20, 2002 Order Closing File issued. CASE CLOSED.
Feb. 19, 2002 Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
Feb. 14, 2002 Order issued (Petitioner`s unopposed motion to allow Robert Hosford, LMhC, to testify by telephone is granted).
Feb. 13, 2002 Petitioner`s Motion to Allow Witness to Testify Telephonically (filed via facsimile).
Dec. 21, 2001 Notice of Serving Discovery to Respondent (filed by Petitioner via facsimile).
Dec. 19, 2001 Order of Pre-hearing Instructions issued.
Dec. 19, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for February 21, 2002; 10:00 a.m.; Daytona Beach and Tallahassee, FL).
Dec. 10, 2001 Joint Response to Initial Order (filed via facsimile).
Dec. 04, 2001 Administrative Complaint filed.
Dec. 04, 2001 Election of Rights filed.
Dec. 04, 2001 Agency referral filed.
Dec. 04, 2001 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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