STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-18232 DANNY MORENO, L.P.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board-of Nursing-against Respondent; Danny Moreno; tPN;-and_in-suppor thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed practical nurse (LPN) within the state of Florida, having been issued license number PN 5157419. 3. Respondent’s address of record is 3999 SW 51* Court, Ocala, Florida 34474, Respondent may be located at 628 Chief Troquois, Saint Cloud, Florida 34772. 4. On or about July 8, 2015, in the Circuit Court of the Fifth Judicial Circuit in and for Marion County, Florida, Respondent entered pleas of guilty to — and was adjudicated guilty of —- one count of unlawful sexual activity with a minor, a second-degree felony in violation of Section 794.05.1, Florida Statutes, and one count of incest, a third-degree felony in violation of Section 826.04, Florida Statutes. 5. Respondent failed to report the above pleas in writing to the Board within 30 days after entering the pleas. | _ _ COUNTI 6. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if set forth herein. 7. Section 464.018(1)(e), Florida Statutes (2015), provides that having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction; or having committed an act which DOH v. Danny Moreno, LPN Case Number 2016-18232 constitutes domestic violence as defined in s. 741.28, constitutes grounds for disciol tion. 8. Section 435.04(2)(u), Florida Statutes (2015), prohibits violations of Section 794.05, relating to unlawful sexual activity with certain minors. 9. Section 435.04(2)(hh), Florida Statutes (2015), prohibits violations of Section 826.04, relating to_incest. .10. Respondent entered guilty pleas to offenses prohibited under s. 435.04, F.S., when on or about July 8, 2015, in the Circuit Court of the Fifth Judicial Circuit in and for Marion County, Florida, Respondent entered a plea of guilty to one count of unlawful sexual activity with a minor, a second-degree felony in violation of Section 794.05.1, Florida Statutes, and to one count of incest, a third-degree felony in violation of Section 826.04, Florida Statutes. 11. Based on the foregoing, Respondent violated Section 464.018(1)(e), Florida Statutes (2015), by having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another DOH v, Danny Moreno, LPN Case Number 2016-18232 nn Sn jurisdiction; or having committed an act which constitutes domestic __________violence-as-definedin-s741,28, COUNT II 12. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if set forth herein. 13. Section 456.072(1)(x), Florida Statutes (2015), provides that | failing to report to the board, or the department if there is no board, in writing within 30 days after the llcensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for disciplinary action. 14. Respondent failed to report to the board in writing within 30 days after he was convicted or found guilty of one count of unlawful sexual aan activity with a minor, a second-degree felony in violation of Section 794.05.1, Florida Statutes, and of one count of incest, a third-degree felony in violation of Section 826.04, Florida Statutes, on or about July 8, 2015. . 15. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2015), by failing to report to the board, or the department if there is no board, in writing within 30 days after the DOH y. Danny Moreno, LPN Case Number 2016-18232 licensee has been convicted or found guilty of, or entered a plea of nolo WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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. [Signature page follows. ] DOH v. Danny Moreno, LPN Case Number 2016-18232 sicneD this 2.0 day ot _Segst-biyippy __, 2016, __ Celeste Philip, MD, MPH State Surgeon General and Secretary | ‘ee .. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0092974 (850) 245 — 4444 Telephone (850) 245 - 4662 Facsimile Email: Ann.Prescott@flhealth.gov /ALP PEP:—September20-2.046---£@@-2-°2°--22.2H—pp-gp-——_——-—-++- . Deparanent OF Health PCP Members: Horne & Desmond Deputy Cler Angel Sanders DOH v. Danny Moreno, LPN Case Number 2616-18232 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. A request or petition for an administrative hearing must be | in writing and must be received by the Department within 21 days fromthe day Respondent _received—the Administrative ——"—--"- Complaint, pursuant — to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28- 106.111(4), Florida Administrative Code. Any request for an administrative_proceeding—_to_challenge—orcontest_the_material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. DOH vy. Danny Moreno, LPN Case Number 2016-18232

Docket for Case No: 17-000625PL