Final Order No. DOH-04-0494-R;,F -MOA

FJL£DDATE- S•l.3·<>Y

Department of Health

STATE OF rLORIDA

Dy:

BOARD OF MASS. GE THERAPY

DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY,

Petitioner

Deputy Agency Clerk

VS. DOAH Case No.: 03-4029PL

DOH Case No.: 01-11491

License No.: MM 008462

BREVARD ARTHRITIS CENTER,

Respondent.

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FINAL ORDER

This matter came before the Florida 8()ard of Massage Therapy, hereinafter the "Board," at a duly noticed public meeting held on April 22, 2004, in Maitland, Florida, pursuant to Sections 120.569 and 120.57(1), Florida Statutes, for consideration of the Administrative Law Judge's Recommended Order (attached hereto as Exhibit A), in the above styled cause. At the hearing, Petitioner was represented by Brian Stabley, Assistant Attorney General. The Respondent did not make an appearance.

Upon review of the Recommended Ord1 r, the transcript of the formal hearing and the complete record in this case, the B, c ard 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. The Petitioner has filed a motion to assess costs of investigation and prosecution in this case. The Board finds the costs are assessed as stated in the

   
   

   Filed October 17, 2019 2:55 PM Division of Administrative Hearings

   
   

   motion, which was unopposed by the Res,pcnde nt. On the record at the meeting, the Board decided to allow Respondent an extra :10 days to pay the assessed costs.

   CONCLUSJONS OF LAW

   
   

   1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 480, Florida Statutes.

   2. The conclusions of law set forth in the Recommended Order are approved

      
      

      and adopted and incorporated herein by r,eference. The Respondent has violated section 480.046 (1)(I), Florida Statutes.

   3. There is competent substantial evidence to support the findings of fact and the conclusions of law based thereon.

DISPOSITION

Upon a complete review of the record in this case, the Board adopts as the penalty in this case the penalty set forth in the Administrative Law Judge's Recommended Order, which is a $500.00 ·fine. Further, as authorized by section 456.072(4}, Florida Statutes, Respondent is assessed the costs related to the investigation and prosecution of this case in the amount of $3,264.78.

WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that:

1. Respondent shall pay a fine of $!500.00 within 30 days of the date this final order is filed.

2. Respondent shall pay the costs. of investigation and prosecution in the amount of $3,264.78 within 60 days of the datei this Final Order is filed.

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3. . _ The same fine and costs shall be made payable to the Department of Health, Division of Medical Quality Assurance, BMS/Client Services Unit, Board of Massage Therapy, Post Office box 6320, Tc1llahass ee, Florida 32314-6320.

This Final Order shall take effect upon filing with the Clerk of the Department of

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Health.

DONE AND ORDERED this _Id:._ day of 7?: 2004 .

BOARD OF MASSAGE THERAPY

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FOR DAVE QUIRING , CHAIR

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.66, FLORIDA STATUTES. PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF THE NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE FIRST DISTRICT COURT OF APPEALS, 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.

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.l CERTIFICATE C>F SERVICE

! I HEREBY CERTIFY that a true and correct copy of the foregoing has been

I furnished by U.S. Mail to Mr. Bruce Milburn, Brevard Arthritis Center, 375 South

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Courtenay Parkway, #3, Merritt Island, Floricla 32952; via interoffice delivery to Brian

Stabley, Assistant Attorney General, Department of Legal Affairs, The Capitol PL-01, Tallahassee, Florida 32399-1050; and to Gary L. Asbell, Assistant General Counsel, Department of Health, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399- 1703 this filay of , 2004.

Docket for Case No: 03-004029PL

Orders for Case No: 03-004029PL