STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2014-21983 - "QUEEN SPA, INC., RESPONDENT. ADMINISTRATIVE COMPLAINT . Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Massage Therapy against Respondent, Queen Spa, the, and in support thereof alleges: © 1. Petitioner is the state agency charged with regulating the practice of massage therapy pursuant to Section 456.073(8), Chapters 20, 456, and 480, Florida Statutes (2013-2014). 2. At all times material to this Complaint, Respondent wes licensed a licensed massage establishment within the State of Florida, having been issued license number MM 32546. DOH v. Queen Spa, Inc., M.M. : 1 DOH Case No. 2014-16539 3. Respondent's address of record is 51 9" Street South, Naples, Florida 34102. - 4, J.L. is the owner and operator of Queen Spa, Inc. 5. Betvieen May 2014 and July 2014, the Naples . Police Department (“NPD”) investigated Respondent to determine . whether " Respondent’s business activities included the commission of prostitution. 6. Over the course of the investigation, NPD discovered at least 140 Queen Spa, Inc. online advertisements that did not list Respondent's massage establishment license number. 7. Over the course of the investigation, NPD discovered at least two Queen Spa, Inc. online advertisements indicating that Respondent offered services involving “erotic pleasure.” 8. Over the course of the investigation, NPD discovered at least one Queen Spa, Inc. online advertisement on Backiagecon: , 9. Backpage.com is a specialty website often used to advertise massage establishments that offer sexual services. 10. Onor about July 29, 2014, iH, a male NPD detective working undercover, received a massage from J.L. at Queen Spa, Inc. 11. While performing a massage on J.H., 3.L. manually manipulated DOH v. Queen Spa, Inc., M.M. _ * 2 DOH Case No. 2014-16539 J.H.'s penis. COUNT I 12, Petitioner realleges paragraphs 1 through 11, as if fully set forth herein. 13. Section 480.046(1)(p), Florida Statutes (2013-2014), subjects a massage establishment to discipline for violating any provision of Chapter 480 or Chapter 456, Florida Statutes, or any rules adopted pursuant thereto. . 14. Rule 64B7-26.010, Florida Administrative Code, establishes rules pertaining to prohibited sexual activity in massage establishments and . states: , (1) Sexual activity by any person or persons in any massage establishment is absolutely prohibited. (2) No massage establishment owner shall ‘engage in or permit any person or persons to engage in sexual activity in such owner's massage establishment or use such establishment to make arrangements to engage in sexual activity in any other place..: (4) As used in this rule, “sexual activity” means any direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both or which likely to cause such stimulation... 15. Respondent violated Section 480.046(1)(p), Florida Statutes DOH v. Queen Spa, Inc., M.M. 3 DOH Case No. 2014-16539 : (2014), by violating Rule 64B7-26.010, Florida Administrative Code, through the actions of its owner and operator who engaged in sexual activity within the massage establishment by manually manipulating J.H.'s penis. COUNT II 16. Petitioner realleges paragraphs 1 through 11, as if fully set forth herein. 17. Section 480.046(1)(e), Florida Statutes (2013-2014), authorizes the Board of Massage Therapy to discipline a licensee for “advertising to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct as described in Section 480.0485.” 18. ‘Section 480.0485, Florida Statutes (2013-2014), defines sexual misconduct, in pertinent part, as a: violation of the massage therapist-patient relationship through which the massage therapist uses the relationship to induce or attempt to induce such person to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage is prohibited. 19. Respondent violated Section 480.046(1)(e), Florida Statutes DOH v. Queen Spa, Inc., M.M. (4 DOH Case No. 2014-16539 (2013-2014), by. advertising that Respondent offers clients “erotic pleasure.” | COUNT III 20. Petitioner realleges paragraphs 1 through 11, as if fully set forth herein. | 21. . Section 480.0465, Florida Statutes (2013-2014), requires that each massage establishment “licensed under the provisions of this act shall include the number of the license in any advertisement of massage services appearing in any newspaper, airwave transmission, telephone directory, or other advertising medium.” 22. Respondent violated Section 480.0465, Florida Statutes (2013- 2014), by failing to list Respondent’s massage establishment license number on at least two online advertisements. WHEREFORE, Petitioner respectfully requests: that the Board of Massage Therapy enter an order imposing one or more of the following penalties: 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 DOH v. Queen Spa, Inc., M.M. 5 DOH Case No. 2014-16539 fees billed or collected, remedial education, and/or any other relief that the Board deems appropriate. SIGNED this _30™_ day of December , 2014. FILED DEPARTMENT OF HEALTH DEPUTY CLERK _ CLERK Angel Sanders pare DEC's 1 201 PCP: December 30, 2014 John H. Armstrong, ‘MD State Surgeon General. . and Secretary of Health Shoshana Silver, Esq. Assistant General Counsel Florida Bar No.: 93035 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 P: (850) 245 — 4444 x 8103 F: (850) 245 — 4662. shoshana.silver@flhealth.gov PCP Members: Bob Smallwood; Jonathan Walker . DOH v. Queen Spa, Inc., M.M. DOH Case No. 2014-16539. 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 i in addition to any -other discipline imposed. DOH v. Queen Spa, Inc., M.M. DOH Case No, 2014-16539

Docket for Case No: 15-001103

Orders for Case No: 15-001103