STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2011-12841 JACK J. COHEN, D.P.M., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Podiatric Medicine against Respondent, Jack J. Cohen, D.P.M., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 461, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed podiatric physician within the state of Florida, having been issued license number PO 1663, 3. Respondent's address of record is 1837 East 21° Street, Brooklyn, New York 11229. Filed July 9, 2012 10:13 AM Division of Administrative Hearings 4, On or about December 12, 2008, the Board of Podiatric Medicine held a disciplinary hearing in case numbers 2006-16585, 2006- 16090, 2006-30207, and 2006-40617. 5. On or about February 10, 2009, the Board of Podiatric Medicine filed final order number DOH-09-0118-S-MOQA in case numbers 2006- 16585, 2006-16090, 2006-30207, and 2006-40617. 6. The Final Order required Respondent to pay an administrative fine in the amount of ten thousand dollars ($10,000.00) within thirty (30) months of the filing of the Final Order accepting and incorporating the Settlement Agreement. 7, Respondent failed to pay an administrative fine in the amount of ten thousand dollars ( $10,000.00) within thirty (30) months of the filing of the Final Order accepting and incorporating the Settlement Agreement. 8. Respondent was required to pay the administrative fine imposed by the Final Order by August 9, 2011. 9. The Final Order required Respondent to pay administrative costs in the amount of twenty-three thousand six hundred thirty-three dollars and fourteen cents ($23,633.14) within thirty (30) months of the Department of Health v. Jack 3. Cohen, D.P.M. 2 Case Number 2011-12841 3:\PSU\Nursing\Michael\Podiatric Medicine\ACs\Cohen, Jack (DPM, VFO).doc filing of the Final Order accepting. and incorporating the Settlement Agreement. 10, Respondent failed to pay administrative costs in the amount of twenty-three thousand six hundred thirty-three dollars and fourteen cents ($23,633.14) within thirty (30) months of the filing of the Final Order accepting and incorporating the Settlement Agreement. 11. Respondent was required to pay the administrative costs imposed by the Final Order by August 9, 2011. 12. Section 461.013(1)(w), Florida Statutes (2011), provides that violating a lawful order of the department or the board previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department constitutes grounds for disciplinary action. | 13. Respondent violated a lawful order of the Board of Podiatric Medicine previously entered in a disciplinary hearing in one or more of the following ways: a. By failing to pay an administrative fine in the amount of ten thousand doliars ($10,000.00) within thirty (30) months of the filing of the Final Order accepting and incorporating the Settiement Agreement of the Final Order filed in case Department of Health v. Jack 3. Cohen, D.P.M. 3 Case Number 2011-12841 ; 3:\PSU\Nursing\Michael\Podiatric Medicine\ACs\Cohen, Jack (DPM, VFO).dac numbers 2006-16585, 2006-16090, 2006-30207, and 2006- 40617; b. By failing to pay administrative costs in the amount of twenty-three thousand six hundred thirty-three dollars and fourteen cents ($23,633.14) within thirty (30) months of the filing of the Final Order accepting and incorporating the Settlement Agreement filed in case numbers 2006-16585, 2006-16090, 2006-30207, and 2006-40617. 14. Based on the foregoing, Respondent is in violation of Section 461.013(1)(w), Florida Statutes (2011), by violating a lawful order of the department or the board previously entered in a disciplinary hearing. WHEREFORE, the Petitioner respectfully requests that the Board of. Podiatric Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Department of Health v. Jack J. Cohen, D.P.M. 4 Case Number 2011-12844 3:\PSU\Nursing\Michael\Padiatric Medicine\ACs\Cohen, Jack (DPM, VFO).doc 274 J, SIGNED this day of Ona} : , 2012. H, FRANK FARMER, JR., M.D., Ph.D., RA.C.P. State Surgeon General! Florida Department of Health NICHOLAS W. ROMANELLO General Counsel Florida Department of Health WM. FREEMAN MILLER Attorney Supervisor Prosecution Services Unit Assistant General Counsel Fla. Bar No, 0011265 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 FILED DEPARTPUTY GLERK Tallahassee, FL 32399-3265 CLERK Angels Sand eps Telephone: (850) 245-4640 DATE 20 Facsimile: (850) 245-4683 Email: michael_lawrence@coh.state.fl.us /MGL PCP: January 27, 2012 PCP Members: Dr. Beth Pearce & Dr. James Strickland Department of Health v. Jack J, Cohen, D.P.M. Case Number 2011-12841 J:\PSU\Nursing\Michael\ Podiatric Medicine\ACs\Cohen, Jack (DPM, VFO).doc NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Department of Health v, Jack J. Cohen, D.P.M. 6 Case Number 2011-12841 2:\PSU\Nursing\Michael\Podiatric Medicine\ACs\Cohen, Jack (DPM, VFO).doc

Docket for Case No: 12-002316PL