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.
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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
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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).
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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.
|