STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2020-04986 2020-04987 ANDRES PEREZ, E.M.T.-P., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, files this Administrative Complaint against Respondent, Andres Perez, E.M.T.-P., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating emergency medical technicians and paramedics pursuant to section 20.43, Florida Statutes; chapter 401, Florida Statutes; and chapter 456, Florida Statutes. 2. Respondent's address of record is 2766 Northwest 62 Street, Miami, Florida 33147. An additional address for Respondent is 3102 Southwest 135 Avenue, Miami, Florida 33175. 3. At all times material to this Administrative Complaint, Respondent was certified as a paramedic within the state of Florida, and was issued certificate number PMD 515150 on or about July 3, 2008. 4. At all times material to this Administrative Complaint, Respondent was certified as an emergency medical technician (EMT), within the state of Florida, and was issued certificate number EMT 519105 on or about August 27, 2007. 5. | Onor about April 13, 2019, Respondent was arrested by Miami Dade Police Department, Special Victims Unit, (MDPD) for Lewd & Lascivious Molestation on a Child under 12, in violation of section 800.04(5)(B), Florida Statutes. 6. Onor about March 5, 2020, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, in case number F19- 007289, Respondent entered a plea of no contest to three counts of Child Abuse/No Great Bodily Harm, third-degree felony violations under section 827.03(2)(c), Florida Statutes (2019). 7. Child Abuse/No Great Bodily Harm, is a crime that is related to the practice, or the ability to practice, Respondent’s profession. DOH v. Perez, E.M.T.-P., Case No. 2020-04986 2020-04987 2 8. Section 401.411(1)(b), Florida Statutes (2019), subjects a certificate holder to discipline for “[b]eing found guilty of, or pleading nolo contendere to, regardless of adjudication in any jurisdiction, a crime that relates to practice as an emergency medical technician or paramedic, or to practice in any other occupation.” 9. As set forth above, Respondent entered a plea of no contest to three counts of Child Abuse/No Great Bodily Harm, crimes that relates to the practice of Respondent's profession. 10. Based on the foregoing, Respondent violated section 401.411(1)(b), F.S., by entering a plea of no contest to crimes that relates to his practice as an EMT and paramedic. WHEREFORE, the Petitioner respectfully requests that the Department enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's certificate, 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. DOH v. Perez, E.M.T.-P., Case No. 2020-04986 2020-04987 3 SIGNED this _27_ day of _October__ 2020. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Amanda Morales DATE: 10/28/2020 PC date: October 27, 2020 PC: Rickey Stone DOH v. Perez, E.M.T.-P., Case No. 2020-04986 2020-04987 Rose Garrison Assistant General Counsel Fla. Bar No. 105920 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9842 Facsimile: (850) 245-4684 Email: Rose.Garrison@flhealth.gov 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. 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 v. Perez, E.M.T.-P., Case No. 2020-04986 2020-04987 5

Docket for Case No: 21-001363PL