Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: MICHAEL SPUZA, M.D.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Aug. 11, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 14, 2009.
Latest Update: Jan. 05, 2025
Jun 24 2005 14:56
JUN-24-2085 14:59
* O58 4i4 1999 PS
¥
ARCA“LEGAL MEDICAL
STATE OF FLORIDA . of
DEPARTMENT OF FIEALTH :
DEPARTMENT OF HEALTH,
)
)
_ PETITIONER, }
)
v. ) CASE NO. 1999-58653
)
MICHAEL SPUZA, M.D., 5
)
RESPONDENT. )
—
ADMINISTRATIVE COMPLAINT.
) COMES NOW the Patitioner, Deparlment of Health, hereinafter referred to as
“Petitioner,” and files this Administrative Complaint before the Board of Medicine against
Michael Spuza, M.D., hereinafter referred to as “Raspondent,” and alleges:
}. Effective July 1, 1997, Petitioner is the slate agency charged with
regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter
456, Florida Stalutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of
Section 20.43(3), Florida Statutes, the Petitioner 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, coundls, or
boards, as appropriate.
2 Respondent is and has been at all times material herelo a licensed ”
‘physician in the state of Florida, having been issued license number ME 0060429.
Jun 24 2005 14:57
JUN-24-2885 14958 AHCA/LEGAL MEDICAL 856 414 1989 P.a4
Respondent's last known address Is P.O. “Box 22159, 431 S.W, Boulevard North, St.
Petersburg, Florida 33742.
3. Respondent is not board certified.
1. On or aboul March 2001, Respondent was indlcted in a criminal case
in the United States District Court, Middle District of Florida, Case number 8:99-cr-226-
T-26A, for the offense of Receiving Remuneration in Return for Medicare —
Referrals, a violation of 42 U.S.C5 1320a-7b(b)(1) and for the offense of
Conspiracy to Defraud the United States, a violation of 18 U.S.C, §371.
Ln On or about August 11, 2000, Respondent was found guilty of five
counts of Receiving Remuneration In Return for Medicare Referrals and one
count of Conspiracy to Defraud the United States.
6. Respondent was sentenced:
(a) to be imprisoned with the U.S, Burcau of Prisons for a term of
etghteen months; and,
(b) to pay—
i restitution of fifty-five thousand three hundred and seventy-
oné dollars and thirty-six cents ($55,371.36); and,
Tl. six hundred dollars ($600.00) as assessed costs.
7. After Respondent is released from imprisonment, he will be placed on
supervised release for a term of two years, during which time he will be required to pay
the fine and restitution adjudged.
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B. Respondent was convicted of a crime that directly relates to the practice
of medicine or to the ability to practice medicine, In Wiolation of § 458.331(1)(c), Florida
Statutes (2000).
WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an
order imposing one or more of the following penalties: permanent revocation or
suspension of the Respondent's license, restriction of the Respondent's Practice,
imposition of an administrative fine, issuance of a reprimand, placement of the
_Respondent an probation, the assessment of costs related to the investigation and
prosecution of this case as provided for in Section 456,0/2(4), Florida Statutes, and/or
any other relief that the Board deems appropriate.
signev tis 2 Eleay of LyAbontyrs 2003,
John 0, Agwunobi, M.D., M.B.A.
Secretary
Nancy oy
Chief Attorney, Practitioner Regulation
COUNSEL FOR DEPARTMENT:
Ephraim DP. Livingstan Fi LED
Senior Attorney DEPARTMENT OF HEALTH
Agency for Health Care Administration DEP K
PO, Box 14229: CLERK :
Tallahassee, Florida 32317-4229 - paTe_SEP 2 6 200i
Florida Bar # 0121347
EDL/SW
PCP: September 14, 2001
PCP Members: Ashkar, Kent, Rodriguez
Docket for Case No: 08-003890PL
Issue Date |
Proceedings |
Jan. 14, 2009 |
Order Closing File. CASE CLOSED.
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Jan. 13, 2009 |
Motion to Relinquish Jurisdiction filed.
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Jan. 07, 2009 |
Order of Pre-hearing Instructions.
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Jan. 07, 2009 |
Notice of Hearing (hearing set for March 25, 2009; 9:00 a.m.; Tallahassee, FL).
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Oct. 14, 2008 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by December 15, 2008).
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Oct. 13, 2008 |
CASE STATUS: Motion Hearing Held. |
Oct. 09, 2008 |
Motion to Continue Administrative Hearing filed.
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Oct. 08, 2008 |
Joint Pre-hearing Stipulation filed.
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Oct. 07, 2008 |
Notice of Taking Telephonic Deposition of Witness in Lieu of Live Testimony (J. Mahoney, M.D.) filed.
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Sep. 15, 2008 |
Notice of Appearance filed.
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Sep. 11, 2008 |
Amended Notice of Hearing (hearing set for October 15, 2008; 9:00 a.m.; Clearwater, FL; amended as to Hearing room).
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Sep. 04, 2008 |
Order of Pre-hearing Instructions.
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Sep. 04, 2008 |
Notice of Hearing (hearing set for October 15, 2008; 9:00 a.m.; Clearwater, FL).
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Aug. 18, 2008 |
Joint Response to Initial Order filed.
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Aug. 12, 2008 |
Motion to Consolidate Pleadings filed.
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Aug. 11, 2008 |
Initial Order.
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Aug. 08, 2008 |
Notice of Appearance filed.
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Aug. 08, 2008 |
Motion to Reopen filed. (FORMERLY DOAH CASE NO. 05-2305PL)
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Jun. 24, 2005 |
Election of Rights filed.
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Jun. 24, 2005 |
Administrative Complaint filed.
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Jun. 24, 2005 |
Agency referral filed.
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