The Issue Whether Respondent violated Sections 943.1395(6), (7), and 943.13(7), Florida Statutes, and Rules 11B-27.0011(4)(c) and 11B-20.0012(1)(f), Florida Administrative Code.
Findings Of Fact Respondent, Michelle Mann (Mann), was certified by the Petitioner, Department of Law Enforcement, Criminal Justice Standards and Training Commission (Department) on October 11, 1991, and was issued Correctional Probation Officer Certificate Number 122933 and Instructor Certificate Number 595-40-7895. Mann was employed by the Florida Department of Corrections as a correctional probation officer in December 1994 until her resignation in February 7, 1997. Dwight Williams, aka Dwight Moment is an inmate with the Florida Department of Corrections. In December 1994, Dwight Williams was on probation with the Florida Department of Corrections for the charge of conspiracy to traffic cocaine. Mann was assigned as Mr. Williams' probation officer on December 18, 1994. This was the first time that Mr. Williams and Mann had met. From December 1994 through December 1996, Mann was Mr. Williams' supervising probation officer. Between December 1994 and November 27, 1996, Mann initiated and engaged in a physical relationship with Mr. Williams, which included hugging, kissing, and sexual relations. During this time, Mann and Mr. Williams went to hotel rooms and had sexual relations between fifteen and twenty times.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED a Final Order be entered revoking Michelle F. Mann's Correctional Probation Certificate Number 122933 and Instructor Certificate Number 595-40-7895. DONE AND ENTERED this 22nd day of March, 1999, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1999. COPIES FURNISHED: A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James D. Martin, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michelle Mann 1556 Northwest 5th Street Fort Lauderdale, Florida 33311
The Issue Whether the Petitioner's application for licensure as a real estate salesperson should be granted or denied.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Florida Real Estate Commission operates within the Department of Business and Professional Regulation and is the entity responsible for certifying to the Department that an applicant for licensure under Chapter 475 is qualified to practice as a real estate broker or salesperson. Sections 475.02 and .181, Florida Statutes. On or about January 24, 1997, Mr. Dempsey submitted to the Commission an application for licensure as a real estate salesperson. Mr. Dempsey answered "yes" to Question No. 9 on the application, which asks in pertinent part: "Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld?" He attached the details to his application. Mr. Dempsey answered "yes" to Question No. 10(a) on the application, which asks in pertinent part: "Has any judgment or decree of a court been entered against you in this or any other state, . . . in which you were charged . . . with any fraudulent or dishonest dealing?" Mr. Dempsey attached the details of a 1988 conviction for mail fraud to his application. On December 12, 1983, the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, revoked Mr. Dempsey's probation and sentenced him to two years imprisonment based on his plea of guilty to three counts each of uttering a forged instrument and of second degree grand theft, one count of forgery, and one count of failure to redeliver a hired motor vehicle. On July 9, 1986, the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, sentenced Mr. Dempsey to three and one-half years imprisonment based on his plea of guilty to one count of robbery, one count of aggravated battery, one count of possession of cocaine, two counts of forgery, two counts of uttering a forged instrument, and two counts of second degree grand theft. On or about May 31, 1989, Judge Roettger of the United States District Court for the Southern District of Florida sentenced Mr. Dempsey to three years confinement based on a guilty plea to one count of mail fraud. The court withheld imposing a sentence of confinement on Mr. Dempsey for another count of the indictment, and sentenced him to five years probation, to run concurrently with the sentence of confinement. On December 21, 1990, Judge Moreno of the United States District Court for the Southern District of Florida sentenced Mr. Dempsey to fifteen months' imprisonment based on his plea of guilty to one count of escape. The sentence of imprisonment was suspended, and Mr. Dempsey was placed on a three-year term of supervised release. On January 29, 1992, Mr. Dempsey appeared in the Dade County Court and pled not guilty to one count of soliciting for prostitution. He was found guilty and sentenced to attend an AIDS course and to have an AIDS test. On May 27, 1992, Judge Moreno of the United States District Court for the Southern District of Florida revoked Mr. Dempsey's supervised release and sentenced him to one-year imprisonment for violation of the terms of his supervised release. On July 9, 1995, Judge Roettger of the United States District Court for the Southern District of Florida revoked Mr. Dempsey's probation and sentenced him to imprisonment for five years for violation of the conditions of his probation. On January 14, 1997, Mr. Dempsey was paroled by the United States Parole Commission and released from the Marianna Federal Correctional Institution. His parole expires May 14, 2000. Since January 23, 1997, Mr. Dempsey has been employed by Westgate Resorts, a timeshare resort in Miami, Florida. In July 1997, he was promoted to manager. Since he was found guilty in 1988 of mail fraud, Mr. Dempsey's only criminal conviction was for the misdemeanor of soliciting for prostitution. His other offenses were violations of the terms of his supervised release on the charge of escape and of his probation on the charge of mail fraud. The evidence presented in this case is not sufficient to establish that Mr. Dempsey, at this time, is of good character and trustworthiness and has a reputation for fair dealing. The uncontroverted evidence establishes that Mr. Dempsey has been convicted of crimes involving forgery, grand theft, and mail fraud.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order denying the application of Lloyd Robert Dempsey for licensure as a real estate salesperson. DONE AND ENTERED this 8th day of June, 1998, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of June, 1998. COPIES FURNISHED: Lloyd Robert Dempsey, pro se 5577 La Gorce Drive Miami Beach, Florida 33140-2137 Andrea D. Perkins Assistant Attorney General Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Henry M. Solares Division Director Division of Real Estate 400 West Robinson Street Orlando, Florida 32802-1900 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The primary issue for determination is whether Dr. Jones violated provisions of Chapter 458, F.S. by violating terms of his probation, more specifically, those terms requiring attendance at Grand Rounds and monitoring by a local, Board certified pediatrician. If those violations occurred, an appropriate disciplinary action must be determined.
Findings Of Fact Respondent, Dr. Jones, is now, and has been at all relevant periods, a licensed physician in the State of Florida, having been issued license number ME0017104. His practice is located in Seminole, Florida. On April 21, 1986, a Final Order was entered by the Board of Medical Examiners, resolving by an amended stipulation, a twenty-count Administrative Complaint that had been filed against Dr. Jones on December 1, 1983. Pertinent provisions of the Final order included: Placement on probation for a period of five years commencing with the effective date of the order; Attendance at Grand Rounds weekly during probation at both All Children's Hospital in St. Petersburg, Florida and the University of South Florida in Tampa, Florida; and, Monitoring by a local Board-certified pediatrician, John H. Cordes, Jr., M.D., who was to make visits to Dr. Jones' office every two weeks and to randomly select 15 percent of Dr. Jones' medical charts to verify appropriateness of care and thoroughness of record-keeping. Dr. Jones was out of the country, in Antigua, when the order arrived, and it was in his office when he returned on May 4, 1986. Approximately two weeks later, around May 19th, Dr. Jones tried to call Dr. Cordes, the designated monitoring physician, and was told he was out of town. When he reached Dr. Cordes in early June, Dr. Cordes told him that under no circumstances would he serve as his monitoring physician and that he had written a letter to DPR advising them of such. After making some unspecified and unsuccessful efforts to locate a substitute, Dr. Jones contacted Lewis A. Barness, M.D., Chairman of the Department of Pediatrics at the University of South Florida. In a letter to Dr. Jones dated July 11, 1986, Dr. Barness agreed to review "about ten or fifteen percent of your charts on a biweekly basis." (Petitioner's exhibit #4) Dr. Jones was out of the country again the last two weeks of July, and the monitoring by Dr. Barness began on August 15, 1986. Dr. Barness was approved by the Board of Medical Examiners as a substitute on August 2, 1986. Dr. Jones continues to be monitored by Dr. Barness at Dr. Barness' office at the University. Dr. Jones brings his appointment book (although Dr. Barness never reviews it) and his charts, and Dr. Barness pulls, at random, fifteen to twenty percent of the charts and reviews them. Grand Rounds, lectures on pediatric medical topics, are held at 8:00 A.M. on Fridays at the University of South Florida Medical Center, and at 12:30 P.M. on Fridays at All Children's Hospital. Between his receipt of the Final Order and June 15, 1986, (the date specified in the amended complaint) Dr. Jones never attended Grand Rounds at the University of South Florida. He attended once, June 6th, during this period at All Children's Hospital. The basis for non-attendance is specified for each Friday session during the relevant period as follows: May 9, 1986 (the first Friday after Dr. Jones returned and saw the Final Order)--Dr. Jones' van was broken. His wife, a part-time employee at an interior design shop, was called in for work that day, so he did not have transportation. Further, he met with the mother of one of his patients at noon on this date. May 16 and 23, 1986--Dr. Jones' recently-widowed mother was visiting, and since she was also quite ill, he spent time with her. Further, Grand Rounds were cancelled at the University of South Florida on May 16th. May 30, 1986--Dr. Jones' van was again broken and his wife was called to work leaving him without transportation. June 6, 1986--Dr. Jones awoke with gastroenteritis, so he did not attend the morning session at the University of South Florida; he did attend the session at All Children's Hospital. June 13, 1986--Grand Rounds were cancelled at the University of South Florida on this date. Dr. Jones decided to take his children to Disney World as they lived out of state and were leaving the next day. June 15, 1986 was the close of the relevant period regarding attendance at Grand Rounds, according to the Administrative Complaint, as amended. From the testimony and evidence, I am unable to determine conclusively whether Dr. Jones has attended regularly since that date. Except for weekends and the trips out of country, Dr. Jones continued to practice medicine as a pediatrician between April 21, 1986 and July 1986, the date of the Administrative Complaint. He stipulated that he understood the terms and conditions of the Board's Order regarding probation. His testimony at the hearing revealed that he was thoroughly familiar with the details of the order. Nevertheless, he violated the terms of probation. Although he knew that the Board had approved the Stipulation in January 1986, and that the stipulation specified Dr. Cordes as the monitoring physician, he waited until the last minute (two weeks after he received the order) to contact Dr. Cordes about commencing the monitoring. While Dr. Cordes' refusal to participate is not attributable to Dr. Jones, the delay in obtaining a substitute could clearly have been eliminated with better planning by Dr. Jones. Technically, the monitoring conducted by Dr. Barness does not comply with the terms of the probation order, as Dr. Jones brings the charts to him for review. Dr. Barness has impressive credentials and is understandably unable to visit Dr. Jones' office every two weeks. However, Dr. Jones admitted that he never asked the Board to modify the terms of his probation in that regard. Dr. Jones' lack of judgment regarding the terms of probation is also reflected in his uncontroverted excuses for non-attendance at Grand Rounds. With the obvious exception of the cancellation of the lectures, the excuses fail to mitigate the violations.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Board of Medicine enter a final order: Finding that Respondent, Archbold M. Jones, M.D. violated subsections 458.331(1)(h) and (x) F.S.. Suspending Dr. Jones' license for three months (conforming to the approximate period that he practiced without supervision). Requiring Dr. Jones to appear before the Board with Dr. Barness to outline the details of the monitoring process and insure that proper review can be made at Dr. Barness' office, rather than Dr. Jones' office. Providing for Dr. Jones' immediate notification to the Board in the event Dr. Barness is unable to continue with monitoring consistent with the Board's direction. Outlining specific guidelines for excused non-attendance at Grand Rounds and providing for notification by Dr. Jones to the Board each time he fails to attend, and the reason for such failure. Providing that future violations will result in nullification of the stipulation and immediate proceeding on the original multi-count complaint. Providing that all other terms and conditions of the April 21, 1986 Order remain in full force and effect. DONE and RECOMMENDED this 6th day of July, 1987 in Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of July, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-3920 The following constitute my specific rulings on the findings of fact proposed by the parties. Petitioner's Proposed Findings of Fact 1. Adopted in paragraph #1. 2. Rejected as unnecessary. 3. Adopted in substance in paragraph #2. 4. Rejected as unnecessary. 5-6. Adopted in substance in paragraph #2. 7-8. Adopted in paragraph #7. 9. Adopted in substance in paragraph #4. 10-11. Adopted in paragraph #9. Respondent's Proposed Findings of Fact 1. Adopted in paragraph #1. 2-3. Adopted in substance in paragraph #2. The closing date is addressed in paragraph #7, however the June 15, 1986, date relates only to attendance at Grand Rounds and not to the period during which monitoring did not occur. (See motions to amend complaint.) Adopted in paragraph #3. Adopted in paragraph #6. 7-15. Adopted in substance in paragraph #7. However, the characterization of a "medical emergency" in paragraph #9 is unsupported by the record, as are the characterizations, "justification" for not attending Grand Rounds and "legitimately prevented" from attendance. Respondent was not unable to attend Ground Rounds, except when the rounds were cancelled. He chose rather not to attend for various reasons which to him were more important than his attendance. Adopted in paragraph #4. Adopted in paragraph #5, except however the "diligence" of the search was not established by competent credible evidence. Adopted in substance in paragraph #5. 19-27. Rejected as irrelevant and unnecessary. Rejected as unsupported by competent, substantial evidence. Rejected as immaterial. Rejected as contrary to the weight of the evidence. Adopted in paragraph 9. Rejected as cumulative and unnecessary. The "diligence" is unsupported by competent credible evidence. Rejected as immaterial. COPIES FURNISHED: Dorothy Faircloth, Executive Director Board of Medical Examiners Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph A. Sole, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Bruce D. Lamb, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Michael I. Schwartz, Esquire Suite 100, Capitol Office Center 119 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact The Respondent is now and was at all times material to the allegations in the Administrative Complaint, a licensed Registered Nurse in the State of Florida, license number 71601-2. On April 13, 1982, Respondent's Florida nursing license was placed on probation. On April 13, 1982, the Florida State Board of Nursing entered a Final Order placing the Respondent's license on probation for two years, with the following terms and conditions. The licensee shall not violate any applicable federal or state laws, or rules or orders of the Board of Nursing. For the duration of the probationary period, the licensee will report immediately (within seven calendar days) either by telephone or letter to his/her probation supervisor assigned by the Department, and by certified registered mail to the Department of Professional Regulation, Attention Administrator, Office of Investigative Services, 130 North Monroe Street, Tallahassee, Florida 32301, by license number and licensed name, any change in Respondent's residence address; any change in Respondent's employment (including address); and any arrests. If employed as a nurse, the licensee will be responsible for causing reports to be fur- nished by his/her employer to the Board or the probation supervisor, relative to the licensee's performance, and any problems. These reports shall be submitted every 3 months during probation as scheduled by the probation supervisor. The licensee shall not consume alcohol while on duty as a nurse, nor function as a nurse while under the influence of alcohol. The licensee shall obtain/continue counseling with a psychiatrist, psychologist or other recognized drug/alcohol rehabilita- tion program, and shall cause progress reports to be furnished to the Board or probation supervisor every 3 months during treatment as scheduled by the probation supervisor. Any deviation from the requirements of this probation without the prior written consent of the Board or the Department shall constitute a violation of this probation. Upon a finding of probable cause that a violation of this probation has occurred, the licensee's license to practice nursing in this state shall be immediately and automatically suspended pending the licensee's appearance before the next Board meeting, or such subsequent meeting as may be mutually agreed upon between the licensee and the Department. The licensees will be given notice of the hearing and an opportunity to defend. The Petitioner assigned Investigator Gerry Padgett to be Respondent's probation supervisor. During 1982, the Respondent satisfactorily complied with the terms of her probation. During the latter part of January, 1983, Respondent received a letter from the Board of Nursing indicating that she had not complied with the probationary terms. After receipt of the letter, Respondent went to see her probation supervisor, who in turn informed the Board of Nursing that the Respondent was, in fact, in compliance with the probationary terms. At that meeting in late January 1983, between Respondent and her probation supervisor, the latter told Respondent that she would be seeing her in three months. Prior to that meeting, Respondent had made appearances in her probation supervisor's office every three months. The next date which the probation supervisor had scheduled to see Respondent was April 1, 1983. There was no clear evidence adduced to show that the scheduled date of April 1, 1983, was communicated to Respondent, and she denied being told specifically to return on April 1, 1983. However, Respondent acknowledged that she knew that she was to see her probation supervisor sometime during April 1983. For several months prior to April 1983, Respondent had been employed by Indian River Memorial Hospital. The last day that Respondent worked at Indian River Memorial Hospital was April 19, 1983. On April 27, 1983, the Respondent admitted herself to the Heritage Health Corporation, an alcohol treatment program located in Sebastian, Florida, to he treated for alcohol abuse. At that time, according to the Respondent's own testimony, she could not have functioned as a nurse due to alcohol impairment. The program in Heritage Health Corporation was a 30 day in-patient alcoholic rehabilitation program. During the Respondent's stay at the Heritage Health Corporation, her employment with Indian River Memorial Hospital was terminated. The Respondent did not report her change in employment status nor her change in residence or entry into an alcohol rehabilitation program to her probation supervisor as required by the above quoted order of probation. On May 18, 1983, after not having beard from the Respondent, her probation supervisor attempted to locate her, and did in fact locate Respondent at the Heritage Health Corporation facility. At that time, Respondent informed the probation supervisor that her employment with the Indian River Memorial Hospital had been terminated. The meeting between the probation supervisor and Respondent on May 18, 1983, was the last time until the formal bearing in this matter that the Respondent reported any information to her probation supervisor. On or about June 20, 1983, the Respondent moved her residence address from Vero Beach to Sebastian, Florida. Three weeks prior to the formal bearing in this matter, the Respondent moved her residence address from Sebastian, Florida to Orlando, Florida. Neither changes of residence address were forwarded by Respondent to her probation supervisor or to the DPR administrator, as required by the order of probation. However, she reported the move from Vero Beach to Sebastian, Florida directly to the Board of Nursing office in Jacksonville. Respondent never received written consent to deviate from the terms of the order of probation.
Recommendation Based on the foregoing, it is RECOMMENDED that Respondent's license as a Registered Nurse be suspended until such time as she demonstrates to the Board of Nursing her fitness to practice nursing. This demonstration should include a psychological or psychiatric evaluation, along with a recommendation from a licensed mental health care professional, that Respondent be reinstated. Upon reinstatement, Respondent should be placed on probation with generally the same terms as her previous probation, along with any other reasonable terms, such as urine or blood screens as appropriate under the circumstances. DONE and ENTERED this 16th day of March, 1984, in Tallahassee, Florida. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 1984.
The Issue Whether Petitioner, Alexander DeArmas ("Petitioner") can establish, by a preponderance of the evidence, that at least three years have elapsed since he has been lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felonies pursuant to section 435.07(a)(1)1., Florida Statutes, such that he is eligible for an exemption from disqualification.
Findings Of Fact Petitioner is a 38-year-old male seeking to qualify, pursuant to section 435.07, to participate in the Medicaid program. AHCA is the state agency responsible for administration of the Medicaid program in Florida. On February 27, 2014, Petitioner pled guilty to the two disqualifying felony drug offenses. Petitioner was adjudicated guilty and he was sentenced to five years of drug offender probation. On April 15, 2014, the court entered an Order that the "remainder of the defendant's probation shall be converted from drug offender probation to regular probation." On February 23, 2017, Petitioner was released early from his probation. On October 4, 2018, Petitioner submitted an application for exemption from disqualification to AHCA pursuant to section 435.07. In a letter dated December 28, 2018, AHCA notified Petitioner that his request for an exemption from disqualification was denied. AHCA determined Petitioner is ineligible for an exemption because section 435.07 requires that three years elapse between the date Petitioner was lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felonies and the date of application for the exemption. Petitioner is ineligible for an exemption because three years have not elapsed since he was released from probation on February 23, 2017.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Health Care Administration enter a final order denying Petitioner's request for an exemption from disqualification as a Medicaid provider. DONE AND ENTERED this 5th day of September, 2019, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 5th day of September, 2019. COPIES FURNISHED: Bradley Stephen Butler, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Alexander DeArmas 8874 West 35th Lane Hialeah, Florida 33018 Ryan McNeill, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Thomas M. Hoeler, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Kim Annette Kellum, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Stefan Grow, General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Mary C. Mayhew, Secretary Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1 Tallahassee, Florida 32308 (eServed)
The Issue The central issue in this case is whether the Respondent committed the violation alleged in the corrected administrative complaint; and, if so, what penalty should be imposed.
Findings Of Fact The Respondent, Charles Harry Kent, is a licensed physician in the State of Florida, license no. ME 0037235. The Petitioner is the state agency charged with the responsibility of regulating and disciplining licensed physicians. In connection with a prior disciplinary case against this Respondent the Agency issued a final order placing the Respondent on two years probation and requiring Respondent to pay an administrative fine in the amount of $2,000.00. Such fine was to be paid not later than March 5, 1995. As of March 28, 1996, the Respondent had not paid the administrative fine nor had he provided any explanation for the failure to timely remit payment. Efforts to notify the Respondent regarding the unpaid fine were unanswered by the Respondent. Ultimately, the administrative complaint in this case was filed against the Respondent and notice of the non-payment provided by way of allegations set forth in paragraphs 6 through 12. On October 3, 1995, the Respondent executed an election of rights which disputed the allegations and listed his address as 3605 Juan Ortiz Circle, Fort Pierce, Florida 34947. Attempts to personally contact this Respondent by an Agency investigator proved fruitless. Respondent has not responded to mail addressed to his address of record.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Agency for Health Care Administration, Board of Medicine, enter a final order suspending Respondent's medical license until such time as the administrative fine at issue in this cause is paid in full; imposing an additional fine in the amount of $5,000.00; and extending Respondent's period of probation by an additional two years. DONE AND ENTERED this 16th day of May, 1996, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-5535 Rulings on the proposed findings of fact submitted by Petitioner: 1. Paragraphs 1 through 10 are accepted. Rulings on the proposed findings of fact submitted by Respondent: 1. None submitted. COPIES FURNISHED: Albert Peacock Senior Attorney Agency for Health Care Administration 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Charles Harry Kent, M.D. Post Office Box 2478 Fort Pierce, Florida 34947 Dr. Marm Harris Executive Director Agency for Health Care Administration, Board of Medicine Division of Medical Quality Assurance Boards 1940 North Monroe Street Tallahassee, Florida 32399-0342
