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DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs STANLEY CARROLL, 03-004030PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004030PL Visitors: 15
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: STANLEY CARROLL
Judges: CHARLES C. ADAMS
Agency: Department of Health
Locations: Jacksonville, Florida
Filed: Oct. 30, 2003
Status: Closed
Recommended Order on Thursday, May 20, 2004.

Latest Update: Jul. 21, 2004
Summary: Should discipline be imposed by the Department of Health, Board of Massage Therapy (the Petitioner), against Stanley Carroll's (the Respondent) license as a massage therapist for alleged violations of Sections 480.046(1)(o) and 480.0485, Florida Statutes?Respondent engaged in inappropriate conduct, sexual in nature.
03004030_282_07102020_15453620_e

Finnl Order No. DOH-04=1020- FoF.MQA

FILED DATE- 9 - \ -C

Dcp rtmalt of Health

STATE OF FLORJDA By: CJ:>J

BOARD OF MASSAGE THERAPY ' Deputy Agency Clerk


DEPARTMENT OF HEALTH, BOARD OF

MASSAGE THERAPY,

Petitioner,


Vs. DOAH Case No.:

DOH Case No.: License No.:


03-4030PL

02-14797

MA-20209



STANLEY CARROLL,

Respondent.


,/


FINAL ORDER


This matter came before the Florida Board of Massage Therapy, hereinafter the "Board," at a duly noticed public meeting held on July 29, 2004, in Jacksonville, Florida, pursuant to Sections 120.569 and 120.57(1), Florida S1atutes, 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 was present and represented by Janet E. Johnson, Esquire.

Upon review of the Recommended Order, the transcript of the formal hearing held on March 2, 2004, and 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.


CONCLUSIONS OF LAW

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

    1


    Filed July 10, 2020 3:45 PM Division of Administrative Hearings


  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference. The Respondent has violated section 480.0485, Florida Statutes (2000), thereby violating section 480.046 (1) (k) Florida Statutes (2000).

  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 revocation of the license.

WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that:


1. Respondent's license number MA -20209 is REVOKED.

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

DONE AND ORDERED this J/ day of , 2004.

BOARD OF MASSAGE THERAPY


amela E. King, Executive 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 120.68, 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 APPEAL, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE

2


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 furnished via postage paid first class U.S. mail to Janet E. Johnson Esq., Attorney for Respondent, at 225 East Church Street Jacksonville, Florida 32202; via interoffice Delivery to Brian J. Stabley Esquire, Assistant Attorney General, Collins Building, Tallahassee, Florida; and to Gary L. Asbell, Assistant General Counsel,

Department of Health, 4052 Bald Cypress Way, BIN A-02, Tallahassee, Florida 32399-

1703 this \ SI: day of Se?lR,rn'OV:{ , 2004.


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Docket for Case No: 03-004030PL
Issue Date Proceedings
Jul. 10, 2020 Agency Final Order filed.
Jul. 21, 2004 Letter to J. Johnson from Judge Adams advising that no action will be taken before DOAH on the objection to the motion to assess costs.
Jul. 13, 2004 Objection to Motion to Assess Costs in Accordance with Section 456.072 (4), Florida Statutes filed by Respondent.
May 20, 2004 Recommended Order (hearing held March 2, 2004). CASE CLOSED.
May 20, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Apr. 19, 2004 Objection to Attorney General`s Proposed Recommended Order filed by J. Johnson.
Apr. 19, 2004 Respondent`s Proposed Recommended Order filed by J. Johnson.
Apr. 15, 2004 Petitioner`s Proposed Recommended Order (filed via facsimile).
Apr. 09, 2004 Transcript filed.
Mar. 02, 2004 CASE STATUS: Hearing Held.
Mar. 01, 2004 Petitioner and Respondent`s Joint Stipulation tha a Redacted Copy of Jennifer Mason`s Deposition Transcript Shall be Admitted into Evidence at Hearing (filed via facsimile).
Feb. 26, 2004 Petitioner`s Opposition to Respondent`s Second Motion in Limine (filed via facsimile).
Feb. 26, 2004 Petitioner`s Opposition to Respondent`s Motion to Dismiss Amended Complaint (filed via facsimile).
Feb. 25, 2004 Defendant`s Motion to Dismiss Amended Complaint (filed via facsimile).
Feb. 25, 2004 Respondent`s Second Motion in Limine (filed via facsimile).
Feb. 19, 2004 Order (the motion to amend the Administrative Complaint is granted).
Feb. 19, 2004 Order (on motions in limine).
Feb. 18, 2004 Amended Administrative Complaint (filed by Petitioner via facsimile).
Feb. 18, 2004 Petitioner`s Unopposed Motion to Amend Administrative Complaint and Voluntary Dismiss Count 1 of the Original Administrative Complaint in Regards to Complainant K.C. (filed via facsimile).
Feb. 17, 2004 Amended Notice of Taking Deposition (K. Oram) filed.
Feb. 13, 2004 Petitioner`s Notice of Telephonic Motion Hearing (filed via facsimile).
Feb. 10, 2004 Petitioner`s Response to Respondent`s Motion to Compel Discovery (filed via facsimile)
Feb. 09, 2004 Petitioner`s Opposition to Respondent`s Motion in Limine (filed via facsimile).
Feb. 09, 2004 Notice of Taking Deposition (K. Oram) filed.
Feb. 05, 2004 Respondent`s Response to Petitioner`s Second Motion in Limine filed.
Feb. 05, 2004 Respondent`s Response to Petitioner`s Motion in Limine filed.
Feb. 05, 2004 Motion to Compel Response to Discovery filed by Respondent.
Feb. 05, 2004 Respondent`s Motion in Limine filed.
Feb. 03, 2004 Petitioner and Respondent`s Pre-hearing Stipulation (filed via facsimile).
Feb. 02, 2004 Notice of Serving Amended Answers to Interrogatories filed by Respondent.
Jan. 27, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 2, 2004; 10:00 a.m.; Jacksonville, FL).
Jan. 26, 2004 Petitioner`s Second Motion in Limine (filed via facsimile).
Jan. 26, 2004 Petitioner`s Motion in Limine (filed via facsimile).
Jan. 26, 2004 (Proposed) Order on Respondent`s Motion for Continuance (filed via facsimile).
Jan. 26, 2004 Second Motion for Continuance (filed by Respondent via facsimile).
Jan. 21, 2004 Respondent`s Notice of Serving Initial Interrogatories to Petitioner filed.
Jan. 06, 2004 Notice of Serving Answers to Interrogatories filed by Respondent.
Dec. 18, 2003 Answer to Petitioner`s Request for Admissions filed by Respondent.
Dec. 04, 2003 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 4, 2004; 10:00 a.m.; Jacksonville, FL).
Dec. 03, 2003 Motion for Continuance filed by Respondent.
Nov. 25, 2003 Petitioner`s Notice of Serving Initial Interrogatories to Respondent (filed via facsimile).
Nov. 25, 2003 Petitioner`s Request for Admissions (filed via facsimile).
Nov. 17, 2003 Order of Pre-hearing Instructions.
Nov. 17, 2003 Notice of Hearing (hearing set for January 20, 2004; 10:00 a.m.; Jacksonville, FL).
Nov. 14, 2003 Answer to Administrative Complaint filed by Respondent.
Nov. 12, 2003 Petitioner`s Response to Initial Order (filed via facsimile).
Oct. 31, 2003 Initial Order.
Oct. 30, 2003 Statement of Disputed Issues of Material Fact filed.
Oct. 30, 2003 Administrative Complaint filed.
Oct. 30, 2003 Request for Hearing filed.
Oct. 30, 2003 Referral for Hearing filed.

Orders for Case No: 03-004030PL
Issue Date Document Summary
May 20, 2004 Recommended Order Respondent engaged in inappropriate conduct, sexual in nature.
Source:  Florida - Division of Administrative Hearings

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