FILED

D<>partment of Business and Professional Regulation

Deputy Agency Clerk

CLERK

Date File#

Evette Lawson-Proctor

8/20/2012

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2011-047793

DAGOBERTO CONDE FERNANDEZ,

Respondent.

                                                                        I

ADMINISTRATIVE COMPLAINT

The Department Of Business and Professional Regulation ("Petitioner") files this Administrative Complaint before the Board of Veterinary Medicine against DAGOBERTO CONDE FERNANDEZ ("Respondent"), and alleges:

1. Petitioner is the state agency charged with regulating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes.

2. Respondent's address of record is 111 SW 30t h Ave.,

   
   

   Miami, FL 33135.

   
   

   MATERIAL FACTS

   
   

3. At all times material to this complaint, Respondent did not hold a valid, active veterinary license issued by the State of Florida pursuant to Chapter 474, Florida Statutes.

4 . Sometime around June or July, 2011, Respondent performed surgical procedures on a litter of dogs including

Filed January 3, 2013 3:04 PM Division of Administrative Hearings

docking their tails, inoculations.

removing their claws, and performing

1. On or about July 12, 2011, Willa Downs purchased a puppy named Jake from the litter of puppies Respondent had previously treated.

2. Respondent represented to Mrs. Downs that he was a veterinarian qualified to perform veterinary services on her new puppy, Jake.

7• On or about August 2011 Mrs. Downs contracted Respondent to perform several procedures on Jake including administering de-worming medication, checking for ticks, administering a final set of inoculations, and docking Jake's ears.

1. Respondent administered de-wormer medication to Jake,

   
   

   checked him for ticks, inoculations for Jake.

   and administered a final set of

   COUNT I

   
   

2. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as if fully stated herein.

3. Section 474.213(1)(i), Florida Statutes (2011), states that no person shall "practice veterinary medicine in this state, unless the person holds a valid, active license to practice veterinary medicine pursuant to this chapter."

4. Based upon the facts set forth above, Respondent violated Section 474.213(1)(i), Florida Statutes (2011), when he administered inoculations to Jake and performed surgical procedures on a litter of puppies.

   COUNT II

   
   

5. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as if fully stated herein.

6. Section 474.213(1)(a), Florida Statutes (2011), states that no person shall "lead the public to believe that such person is licensed as a veterinarian, or is engaged in the licensed practice of veterinary medicine, without such person holding a valid, active license pursuant to this chapter."

7. Based upon the facts set forth above, Respondent violated Section 474.213(1)(a), Florida Statutes (2011), when he represented himself as a veterinarian to Mrs. Downs and offered to perform procedures requiring a veterinary license including administering inoculations to Jake and clipping Jake's ears.

WHEREFORE, Petitioner respectfully requests the Veterinary Medicine Board enter an order imposing one or more of the following penalties: suspension or permanent revocation or of Respondent's license, restriction of Respondent's practice, imposition of an administrative fine not to exceed $5,000 for each count or separate offense, issuance of a reprimand,

placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time or any other relief that the Florida Board of Veterinary Medicine is authorized to impose pursuant to Chapters 455 and 474, Florida Statutes, and the rules promulgated thereunder.

Signed this 8th day of August, 2012.

KEN LAWSON, Secretary Department of Business and

Professional Regulation

By: 'EEiza6etli P{etclier Jfencferson

ELIZABETH FLETCHER HENDERSON

Assistant General Counsel Florida Bar No. 0980404 Department of Business and

Professional Regulation Office of the General Counsel 1940 North Monroe Street

PC Found: August 8, 2012 PC Found By: E. Henderson

EFH/maf

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Sections 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 subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

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 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 13-000008