STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH, BOARD OF NURSING,

Petitioner,

vs.

SANTANA LASHONDA WILLIAMS, L.P.N.,

Respondent.

/

Case No. 13-4336PL

RECOMMENDED ORDER

An administrative hearing in this case was held by video teleconference on January 17, 2013, in Tampa and Tallahassee, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Casie Marye Barnette, Esquire

Louise Wilhite-St. Laurent, Esquire Department of Health

4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265

For Respondent: Kristian Eiler Dunn, Esquire

Dickens and Dunn, P.L.

517 East College Avenue Tallahassee, Florida 32301-2528

STATEMENT OF THE ISSUE

The issue in this case is whether the allegations set forth in the Amended Administrative Complaint filed by the Department

of Health (Petitioner), against Santana Lashonda Williams, L.P.N. (Respondent), are correct, and, if so, what penalty should be imposed.

PRELIMINARY STATEMENT

By an Administrative Complaint dated August 23, 2013, the Petitioner alleged that the Respondent violated sections 456.072 and 464.018, Florida Statutes (2013).1/ The Respondent disputed the allegations and requested an administrative hearing. The Petitioner forwarded the request to the Division of Administrative Hearings, which scheduled and conducted the hearing.

On December 16, 2013, the Petitioner moved for leave to file an Amended Administrative Complaint, and the Motion was granted on that date.

On January 7, 2014, the parties filed a Joint Pre-Hearing Stipulation containing a statement of admitted facts that have been incorporated herein as necessary.

The case was transferred to the undersigned Administrative Law Judge on January 8, 2014.

At the hearing, the Petitioner presented the testimony of eight witnesses and had Exhibits 1, 2, 4, 5, 7, 9, 15, and 16 admitted into evidence. The Respondent presented no testimony or exhibits.

A Transcript of the hearing was filed on January 27, 2014.

Both parties filed proposed recommended orders that have been considered in the preparation of this Recommended Order.

FINDINGS OF FACT

1. The Petitioner is the state agency charged by statute with regulating the practice of nursing.

2. At all times material to this case, the Respondent was licensed as a practical nurse in the State of Florida, holding license no. PN 5195962, with an address of record at 7255 Bucks Ford Drive, Riverview, Florida 33578.

3. Between July 2012 and June 2013, the Respondent was employed as a licensed practical nurse by Armor Correctional Health Services, Inc. (Armor).

4. At all times material to this case, persons employed by Armor, including the Respondent, provided health services to "patients" (inmates) incarcerated in detention facilities operated by the Hillsborough County Sheriff's Office (HCSO), including the Falkenburg Road Jail.

5. The HCSO utilizes a computerized jail management system ("JAMS") that, in relevant part, stores personal and medical data for each inmate incarcerated in the HCSO detention facilities.

6. Personal data stored in JAMS includes names, birthdates and social security numbers. The HCSO treats inmate social security numbers as confidential and private. The names and

   
   

   birthdates of inmates incarcerated in HCSO detention facilities are published online and are available to the public through the HCSO website.

7. Medical data stored in JAMS is confidential and includes screening information obtained by a registered nurse upon an inmate's initial arrival to a detention facility, as well as information about inmate health issues that are presented during incarceration.

8. Licensed practical nurses working at the Falkenburg Road Jail can access JAMS through computer terminals at nursing stations placed in various locations in the facility.

9. At all times material to this case, the Respondent had access to JAMS and to the relevant data contained therein.

10. In May 2013, Anthony Collins, an undercover detective employed by the HCSO, engaged in an investigation of a tax fraud scheme based on information received from a confidential informant.

11. Detective Collins testified persuasively at the hearing, and his testimony is fully credited.

12. The scheme involved using the personal information (names, birthdates and social security numbers) of inmates incarcerated in HCSO detention facilities to file fraudulent federal tax returns and obtain refunds.

    
    

13. On May 30, 2013, Detective Collins met with the Respondent's father. During the meeting, the Respondent's father showed Detective Collins a handwritten list of names, birthdates and apparent social security numbers (List #1). The reverse side of the document was a blank form titled, "Armor Correctional Health Services, Inc., Infirmary Shift Report."

14. During the May 30 meeting, Detective Collins learned that the Respondent was employed at the Falkenburg Road Jail. With Detective Collins present, the Respondent's father telephoned someone he represented as the Respondent to discuss List #1 and its delivery to Detective Collins. Detective Collins believed the Respondent to be the source of List #1.

15. HCSO Corporal Kristy Udugawa testified at the hearing that during the course of the undercover operation, she was directed to determine whether List #1 revealed personal data of inmates incarcerated in the Falkenburg Road Jail. Corporal Udugawa interviewed nine inmates and determined that List #1 disclosed their names, birthdates and social security numbers. Corporal Udugawa's testimony is fully credited.

16. At the hearing, a witness who had been incarcerated in the Falkenburg Road Jail during the relevant period testified credibly that his name, birthdate, and social security number were on List #1, and that he had not given consent for the data to be used in filing a fraudulent tax return.

    
    

17. The May 30 meeting ended with an agreement between Detective Collins and the Respondent's father to proceed with the scheme.

18. On May 31, 2013, Detective Collins met with the Respondent after a series of telephone calls between Detective Collins, the Respondent, and the Respondent's father. Detective Collins had been directed to bring a computer and related equipment to the meeting so as to begin filing tax returns, and he complied with the instructions.

19. During the May 31 meeting, the Respondent told Detective Collins that on a weekly basis, she would provide personal information for 20 to 30 individuals that could be used to file tax returns and that the proceeds of the tax refunds would be divided evenly between the Respondent and Detective Collins. She directed him to obtain a prepaid cell phone for use in arranging the weekly meeting.

20. During the May 31 meeting, the Respondent advised Detective Collins that she had access to personal information for about 3,400 people.

21. The Falkenburg Road Jail houses about 3,400 inmates.

    
    

22. During the May 31 meeting, Detective Collins paid $500 to the Respondent, which she accepted. The Respondent provided Detective Collins a list of six handwritten names (List #2), with birthdates and apparent social security numbers.

    
    

23. By deposition, a witness who had been incarcerated at the Falkenburg Road Jail during the relevant period testified that List #2 disclosed his name, birthdate, and social security number, and that he had not given consent for the data to be used in filing a fraudulent tax return. The testimony is credited.

24. The interaction between the Respondent and Detective Collins was recorded through the use of electronic audio and video surveillance equipment.

25. At the conclusion of the May 31 meeting, the Respondent was arrested by HCSO officers who had been monitoring the surveillance.

26. Deputy Paul Baez, one of the officers participating in the surveillance monitoring, testified at the hearing that after having been advised of her "Miranda Rights," the Respondent admitted that she had obtained personal data of inmates at the jail and had sold the data. Deputy Baez further testified that the Respondent admitted "doing drops," which Deputy Baez explained involved obtaining the personal data of other people and selling it for use in fraudulent tax return filings. Deputy Baez's testimony was persuasive and is fully credited.

    CONCLUSIONS OF LAW

    
    

27. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. §§ 120.569 & 120.57(1), Fla. Stat. (2013).

    
    

28. In this case, the Petitioner is seeking to impose discipline against the Respondent's license. In order to prevail, the Petitioner must demonstrate the truthfulness of the allegations in the Administrative Complaint by clear and convincing evidence. Dep't of Banking & Fin. v. Osborne Stern &

    Co., 670 So. 2d 932 (Fla. 1996); Ferris v. Turlington, 510 So. 2d

    
    

    292 (Fla. 1987). In order to be "clear and convincing," the evidence must be "of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established." See Slomowitz v. Walker, 429 So. 2d 797, 800 (Fla. 4th DCA 1983). In this case, the burden has been met.

29. As set forth in Count I of the Amended Administrative Complaint, section 464.018(1)(h) authorizes the Petitioner to impose discipline against a licensee for "unprofessional conduct, as defined by board rule." Florida Administrative Code Rule 64B9-8.005(4) provides that "stealing from a patient" constitutes unprofessional conduct. Rule 64B9-8.005(7) provides that "violating the confidentiality of information or knowledge concerning a patient" constitutes unprofessional conduct.

30. The evidence establishes that the Respondent, employed as a nurse in a detention center, engaged in unprofessional conduct in violation of section 464.018(1)(h), when she obtained and sold confidential personal data of patients for the purpose

    
    

    of filing fraudulent federal tax returns and receiving tax refunds to which she was not entitled.

31. As set forth in Count II of the Amended Administrative Complaint, section 464.018(1)(o) authorizes the Petitioner to impose discipline against a licensee for violating any provision of chapter 456. Section 456.072(1)(m) provides that a licensee may be disciplined for "employing a trick or scheme in or related to the practice of a profession."

32. The Respondent had access to inmate personal data contained in JAMS through her employment as a nurse at the Falkenburg Road Jail. The evidence establishes that the Respondent, through her employment, obtained personal data of others and provided it for use in filing fraudulent federal tax returns for personal gain, thereby violating sections 456.072(1)(m) and 464.018(1)(o).

33. Guidelines for the imposition of discipline in this case are set forth at rule 64B9-8.006.

34. According to the guidelines, the minimum penalty for a violation of section 464.018(1)(h) and rule 64B9-8.005(4) is revocation of the Respondent's license.

35. The guidelines provide that violation of section 464.018(1)(h) and rule 64B9-8.005(7) warrants a penalty ranging from a minimum of reprimand, continuing education and a $250 fine, to a maximum of probation and a $500 fine.

    
    

36. The guidelines provide that a violation of section 456.072(1)(m) warrants a penalty ranging from a minimum of reprimand and a $250 fine, to a maximum of suspension and a

    $10,000 fine.

    
    

37. Rule 64B9-8.006(6) requires the imposition of a $10,000 fine for any offense involving fraud.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order finding the Respondent guilty of the violations set forth herein, revoking the Respondent's license as a practical nurse, and imposing a fine of $10,000.

DONE AND ENTERED this 24th day of February, 2014, in Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 24th day of February, 2014.

ENDNOTE

1/ Unless otherwise noted, all statutory references are to Florida Statutes (2013), which is the version in effect in both 2012 and 2013.

COPIES FURNISHED:

Joe Baker, Jr., Executive Director Board of Nursing

Department of Health

4052 Bald Cypress Way, Bin C-02 Tallahassee, Florida 32399-3252

Dr. Ann-Lynn Denker, ARNP, Chair Board of Nursing

Department of Health

4052 Bald Cypress Way, Bin C-02 Tallahassee, Florida 32399-3252

Jennifer A. Tschetter, General Counsel Department of Health

4052 Bald Cypress Way, Bin A-02 Tallahassee, Florida 32399-1701

Kristian Eiler Dunn, Esquire Dickens and Dunn, P.L.

517 East College Avenue Tallahassee, Florida 32301-2528

Casie Marye Barnette, Esquire Louise Wilhite-St. Laurent, Esquire Department of Health

4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 13-004336PL

Orders for Case No: 13-004336PL