STATE OF FLORIDA BOARD OF MASSAGE THERAPY _ DEPARTMENT OF HEALTH, Z Betitioner, vo CASE NO, 2016-08686 SEON H. WOLF, L.M.T., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy (“Board”) against Seon H. Wolf, L.M.T. and alleges: 1. Petitioner is the state department charged with regulating the practice of massage therapy pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist in the state of Florida, having been issued license number MA 62593. 3. Respondent's mailing address of record is 10832 Burrito Drive, Riverview, Florida 33569. An additional address for Respondent is 221-63 Horace Harding Expressway , Bayside, New York 11364. 4. On or about November 20, 2015, a detective (“Detective”) working in an undercover capacity with the Jacksonville Sheriff's Office Vice Unit paid eighty dollars ($80.00) for a massage from Respondent at Southside Spa located at 3733 Southside Boulevard, #4, Jacksonville, Florida 32216. | 5. During the course of the massage, Respondent agreed to masturbate the Detective. 6. Section 480.046(1)(p), Florida Statutes (2015), provides that a massage therapist is subject to discipline for violating any provision of this Chapter or Chapter 456, or any rules adopted pursuant thereto. 7. Section 480.0485, Florida Statutes (2015), prohibits sexual misconduct in the practice of massage and specifically provides that: DOH v. Seon H. Wolf, L.M.T. - we Page 2 of 5 DOH Case No.: 2016-08686 The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the. massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient 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 therapy is prohibited. 8. | Respondent engaged in sexual misconduct in the practice of massage by using the massage therapist-patient relationship to induce or attempt to induce, or to engage or attempt to engage the Detective in sexual activity outside of the scope of practice by agreeing to masturbate the Detective. 9. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2015), through a violation of Section 480.0485, Florida Statutes (2015). WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective DOH v. Seon H. Wolf, L.M.T. i” Page 3 of 5 DOH Case No.: 2016-08686 action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this 30th day of November, 2018. Celeste Philip, MD, MPH Surgeon General and Secretary /s/ Christina Arzillo Shideler Christina Arzillo Shideler Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 DEPARTMENT OF HEALTH ; Florida Bar # 90869 DEP 7 CLERK: Angel Senders (850) 558-9844 DATE: 5 218 (850) 245-4684 FAX a (EC 05 VS Christina.Shideler@flhealth.gov PCP: 11.28.18 PCP Members: Wakeman & Spassoff DOH v. Seon H. Wolf, L.M.T. Page 4 of 5 DOH Case No.: 2016-08686 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 from the 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 or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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 v. Seon H. Wolf, L.M.T. : - - nk Page 5 of 5 DOH Case No.: 2016-08686 - :

Docket for Case No: 19-001128PL