The Issue Did Respondent, Jianping Liu, L.M.T. (Ms. Liu), induce patients N.D. and J.H. to engage in sexual activity or engage in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment? Did Ms. Liu massage patient N.D. at a location not licensed as a massage establishment and without exemption? Did sexual misconduct occur in Respondent, Queen Spa, Inc.’s (Queen Spa), massage establishment? Did Queen Spa’s backpage.com and anyitem.org advertisements induce or attempt to induce, or engage or attempt to engage, clients in unlawful sexual misconduct? Did Queen Spa fail to include its license number in its backpage.com and anyitem.com advertisements?
Findings Of Fact Section 20.43 and chapters 456 and 464, Florida Statutes, charge the Department with licensing and regulation of massage therapy. At all times material to the allegations in the Administrative Complaint, Ms. Liu was a licensed massage therapist in the State of Florida. She holds license MA 68834. At all times material to the allegations in the Administrative Complaint, Queen Spa was a licensed massage therapy establishment in the State of Florida. It holds license MM 32567 registered at 10915 Bonita Beach Road, Unit 1121, Bonita Springs, Florida 34135, and license MM 32546 registered at 51 9th Street South, Naples, Florida 34102. Patient N.D. was a criminal investigation detective for the narcotics and vice division of Lee County Sheriff’s Office. On March 27, 2014, N.D., as part of an undercover investigation, scheduled an appointment for a massage at Ms. Liu’s home, 9951 Utah Street, Bonita Springs, Florida 34135. During the massage, Ms. Liu touched N.D.’s penis and asked if he wanted it massaged. N.D. offered an additional $50.00 tip and Ms. Liu began masturbating his penis. Ms. Liu was charged with prostitution. On April 30, 2014, Ms. Liu entered into a deferred prosecution agreement with the Lee County State Attorney’s Office. Ms. Liu’s home on Utah Street has a home occupational license issued by the city for a massage therapy administration office. It is not a licensed massage establishment. J.H. is a police officer in the crime suppression unit for the City of Naples, Florida. On May 9, 2014, the Naples Police Department began investigating Ms. Liu’s massage parlor. On July 24, 2014, J.H., as part of an undercover investigation, scheduled a massage appointment with Ms. Liu at the Queen Spa in Naples. After the massage, J.H. gave Ms. Liu a $20.00 tip and she gave him a separate business card. She explained this card was for “special customers” and had a different phone number than her regular card. J.H. scheduled a second massage for July 29, 2014. At some point near the end of that massage, J.H. asked if Ms. Liu offered special or extra services. Ms. Liu replied by asking if he was trouble or a cop. J.H. asked how much it would cost, but Ms. Liu did not take additional payment. Ms. Liu then began masturbating J.H.’s penis until he ejaculated. Ms. Liu contends that penis manipulation is part of a “full body” massage. But she testified during the hearing that this was an additional service to the full body massage. Further, she testified that she only conducted each “extra service,” because J.H. and N.D. requested it. This establishes that masturbation was not part of the massage. It was a sexual service. Testimony of the expert witness Jennifer Mason also proves this fact. Backpage.com is a classified advertising website that contains listings explicitly for prostitution. The adult entertainment section of backpage.com is linked to the majority of the Naples police investigations into prostitution. Ms. Liu posted ads for Queen Spa on backpage.com and anyitem.org. The backpage.com ad titled “erotic pleasure” was listed in the adult services section. The anyitem.org ad titled “erotic pleasure” was listed in the escort section. Ms. Liu contends the postings did not advertise sexual services and that the application on her phone mistranslated the word erotic from Mandarin to English. However, the character of backpage.com and posting the advertisements as adult services, rather than as massage services, supports the conclusion the postings advertised sexual activities. The backpage.com and anyitem.com advertisements did not include the license number of Queen Spa. Touching of the genitalia is not within the scope of a full body massage. Stimulation of the genital area is considered sexual misconduct. It is not part of an ethical massage. There is no therapeutic value to massaging a client’s penis. Sexual innuendo or stimulation is a problem in massage therapy. The industry has worked to remove it from the practice to create a safe and therapeutic environment. Training of massage therapists requires them to “decline, leave the room, terminate the massage” when sexual stimulation is requested by a patient. When discussing “extra services,” Ms. Liu told J.H. about her friend who got into trouble after performing certain acts and that the friend had lost her license; “no license, no job”. Ms. Liu engaged in sexual misconduct with J.H. just three months after she signed a deferred prosecution agreement disposing of the Lee County charges.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Health, Board of Massage Therapy, enter a final order: finding that Respondent, Jianping Liu, L.M.T., violated sections 480.0485 and 480.046(1)(o), Florida Statutes; revoking her license; requiring the payment of an administrative fines in the amount of $2,750.00; and awarding costs for the investigation and prosecution of this case to the Department. Based on the foregoing Findings of Fact and Conclusions of Law, it is also RECOMMENDED that Petitioner, Department of Health, Board of Massage Therapy, enter a final order: finding that Respondent, Queen Spa, Inc., violated sections 480.046(1)(e) and 480.0465, Florida Statutes, and Florida Administrative Code Rule 64B7-26.010; revoking its license; requiring the payment of an administrative fine in the amount of $4,000.00; and awarding costs for the investigation and prosecution of this case to the Department. DONE AND ENTERED this 2nd day of October, 2015, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 2nd day of October, 2015.
The Issue The issue to be decided is whether Respondent violated the provisions of chapters 456 and 480, Florida Statutes, as alleged in the Administrative Complaint, and if so, what penalty should be imposed?
Findings Of Fact The Department of Health is the state agency charged with the licensing and regulation of massage therapists pursuant to section 20.42 and chapters 456 and 480, Florida Statutes. At times material to the allegations in the Administrative Complaint, Respondent, Giuseppe Chiarizia, was licensed as a massage therapist in the State of Florida, having been licensed on August 26, 2008, and issued license number MA54313. At the time of the alleged incident in this case, his license was clear and active. Teri Ingram and M.C. are close friends who reside, with their respective spouses, in Illinois. In late September, early October of 2008, the two couples were vacationing in Panama City. On or about October 1, 2008, Ms. Ingram and T.C. went to the Salon Baliage and Spa for a massage. Upon arriving at the spa, the women were led to a room to fill out paper work, and offered some refreshments, which they declined. Each woman was then taken back for the services they were receiving. Ms. Ingram was called back first, and had a facial and a massage. M.C. was having similar services. After Ms. Ingram's massage was finished, she returned to the waiting room to wait for M.C. At some point, an employee at the spa came to her and told her that M.C. was in another room and wanted to see her immediately. As Ms. Ingram approached the room, M.C. came out. She was dressed, but was shaking and crying hysterically. Ms. Ingram described her as "all hunched over, more like hugging herself." M.C. wanted to call the women's husbands and leave the spa. Ms. Ingram notified the manager that something had happened but she was not sure what, and that they were leaving the spa. Ms. Ingram paid for her services; she did not know if M.C. did so as well. The two women went outside, and while waiting for their husbands, M.C. told Ms. Ingram that the massage therapist, Respondent, had touched her. Ms. Ingram asked her what she meant by that statement, and M.C. told Ms. Ingram that the massage therapist had rubbed his genitals across her hands and her shoulders during her massage, and that once he began the massage he slipped his finger inside her vagina. M.C. stated that she told him to leave the room and to leave her alone, and in response, he held her down and told her he was sorry. She asked him repeatedly to leave the room and he finally did so. Once their husbands arrived, the two couples drove to the Panama City Beach Police Station to report the incident. Deputy Andrew LoTurco was employed by the Bay County Sheriff's Office. He was dispatched to the Panama City Beach Police Department to respond to M.C.'s complaint of sexual battery. When he encountered M.C., she was very distraught and embarrassed. After hearing her complaint and speaking with M.C., her husband and a lady, presumably Ms. Ingram, Deputy LoTurco transported M.C. to the Bay Medical Center for examination, and turned over the investigation to Deputy Jason Larson. Deputy Larson met with M.C. and also observed that she was extremely upset and had been crying. During the interview, she was withdrawn. M.C. related to Deputy Larson an account of what happened that was essentially the same as what she had stated to Ms. Ingram. She identified the massage therapist as Respondent. At some point, Respondent was taken to the Sheriff's Office, and Deputy Larson interviewed him and advised him of his Miranda rights. Respondent declined to give a taped statement, but did speak with Officer Larson. Initially, he denied M.C.'s report, but as the interview continued, he stated that it was possible he may have accidentally penetrated M.C.'s vagina with the tip of his finger. He also stated that if he was in his country, M.C. would have given him a tip and thanked him. At the hospital, a rape kit was administered. M.C. continued to be very upset by the incident, and the two couples shortened their planned vacation to return home as a result. Respondent claims that M.C. was a difficult client to massage because she was heavy-set. By contrast, Ms. Ingram testified that she thought M.C. was approximately five feet, four inches tall, and weighed approximately 140 pounds. Respondent also testified that during the massage, M.C. brought her hands out too far, making it difficult for him to continue massaging her and also avoid intimate contact with her hands. Finally, he claimed, essentially, that M.C. was masturbating during the massage. Respondent's testimony is not credited. Massage therapy training often involves blindfold massage, and teaches that massage in the vicinity of the genital area is to be conducted very carefully. If a massage therapist properly draped a patient consistent with the requirements of Florida Administrative Code Rule 64B7-30.001, it would not be possible to inadvertently touch a client's genital area. The placement of a massage therapist's finger into the vagina of a massage client is outside the scope of the professional practice of massage therapy and is below the standard of care.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That the Board of Massage Therapy enter a final order finding Respondent guilty of violating sections 456.063(1); 456.072(1)(v); 480.046(1)(h) and(o); and 480.0485, Florida Statutes, and Florida Administrative Code Rule 64B7-26.010; finding Respondent not guilty of violating rule 64B7-30.001(5); and imposing a fine of $1,000 and revoking his license to practice massage therapy. DONE AND ENTERED this 1st day of September, 2011, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 1st day of September, 2011. COPIES FURNISHED: Greg S. Marr, Esquire Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Manshi Shah, Esquire Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Giuseppe Chiarizia P.S.C. 451, Box 490 FPO, AE 09834 (giuseppechiarizia@hotmail.com) Nicholas W. Romanello, General Counsel Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32299-1701 Anthony Jusevitch, Executive Director Board of Massage Therapy Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32299-1701
The Issue Whether Respondent violated Sections 480.046(1)(k), Florida Statutes, and, if so, what penalty should be imposed on his license to practice massage therapy.
Findings Of Fact At all times relevant to this proceeding, and since 1983, Respondent has been a licensed massage therapist in the State of Florida, having been issued License Number MA 0004592. At all times relevant to this proceeding, Respondent was employed as a massage therapist by Health Matters, located in Clearwater, Florida. Respondent has received training in several areas of massage technique including the following: postural integration; deep tisssue therapy combined with acupressure techniques; craniosacral massage; chi kung body movement awareness; myofascial release therapy; corrective body massage; and management of low back pain. Respondent specializes in postural integration massage and, typically, this is the kind of massage he performs. This type of massage involves deep tissue therapy combined with acupressure techniques. On August 28, 1995, the Complainant called Health Matters to schedule an appointment. When she telephoned the facility, the Complainant indicated that she wanted a relaxation massage. On August 30, 1995, the Complainant went to Health Matters for her scheduled appointment. When she arrived at the facility, the Complainant was asked to complete a medical history form. On the form, the Complainant indicated the areas of her body which were in pain. Also, on the employment portion of the form, Complainant noted that she was a massage therapist. As of August 30, 1995, the Complainant had worked as a massage therapist for about four months. After completing the form, the Complainant went to the room where the massage was to be given and met Respondent. Prior to this time, the Complainant had never been to Health Matters and did not know Respondent. At some point prior to Respondent's beginning the massage, the Complainant told Respondent that she was a licensed massage therapist. Prior to beginning the Complainant's massage, Respondent provided her with a clean towel with which to drape herself after she undressed herself. After instructing the Complainant on how to drape herself with the towel, Respondent left the room while the Complainant undressed and draped herself in preparation for the massage. Respondent returned to the room a few minutes later and knocked on the door. After the Complainant indicated that she was undressed and draped, the Respondent entered the room to begin the massage. Prior to performing Complainant's massage, Respondent informed her that he would be performing a postural integration massage. Although the Complainant was unfamiliar with this type of massage, at no time prior to, during or after the massage did she tell Respondent that she did not want him to perform a postural integration massage. Neither did the Complainant tell Respondent that she wanted a Swedish relaxation massage. During the postural integration massage, Respondent continuously spoke to the Complainant and explained the purpose of each of his postural integration massage movements. In explaining each of the steps, Respondent utilized and referred to a wall chart of the human anatomy displayed in the room. The massage lasted between thirty and forty minutes. During the course of the massage, the Complainant remained draped except for a ten minute period when Respondent was working in the Complainant's upper thoracic area. Prior to beginning to work on the thoracic area, Respondent explained to the Complainant what he would be doing and the purpose and effect of the procedures. Also, Respondent pointed out on the human anatomy wall chart, the muscle groups, tendons, and ligaments on which he would be working. Finally, Respondent also told the Complainant that he would have to remove the towel to work in the thoracic area. As he had indicated, prior to working on the Complainant's thoracic area, Respondent removed the towel that was draping Complainant’s breasts. The postural integration massage includes and involves the massage therapist performing certain penetrations to the pectoralis minor muscles and to the area under the breast tissue. These practices and procedures were consistent with Respondent's education and training in the area of postural integration massage and were implemented by Respondent when he performed the massage on the Complainant. At no time during the massage, including the ten minute period when the breasts were undraped, did Respondent touch the Complainant's breasts in a sexual manner. The Respondent neither fondled her breasts nor touched her nipples. According to the Complainant, Respondent worked on the right side of her breast and then "did the same thing on the other side." During the time that Respondent was working on the Complainant's thoracic area, she never indicated to Respondent that she was uncomfortable when the drape was removed from her breasts or that she wanted the drape pulled up to cover her breasts. After completing the work on the thoracic area, Respondent redraped Complainant’s breasts and completed the massage. During various types of massages, it is sometimes necessary to work around the sternum area, or the perimeters of the breasts. While doing so, it is the practice of some therapists to work with a towel over that area and pull it down through the center and move it from side to side as necessary. Notwithstanding this practice by some therapists, a female's breasts may sometimes be undraped during a massage. The mere undraping of a breast during a massage, in and of itself, is not prohibited by law or rule and is not evidence of sexual activity.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Board of Massage Therapy enter a final order dismissing the Administrative Complaint and finding that Respondent, Maurice Battista, did not violate Section 480.046(1)(k), Florida Statutes, and Rules 61G11-26.008(2) and 61G11-26.010(2), Florida Administrative Code. DONE and ENTERED this 6th day of June, 1997, in Tallahassee, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 6th day of June, 1997. COPIES FURNISHED: Ruby Seymour-Barr, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 33599 Albert P. Lima, Esquire Lima and Associates 620 Twiggs Street Tampa, Florida 33602 Joe Baker Executive Director Board of Massage Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issues in these consolidated cases are whether Respondent committed sexual misconduct as charged in the Administrative Complaints, and, if so, what penalty should be imposed.
Findings Of Fact The Department is charged with regulating the practice of massage therapy pursuant to chapters 456 and 480, Florida Statutes. At all times material to this case, Respondent was a licensed massage therapist in Florida, having been issued license number MA 11149. Respondent has practiced massage therapy for approximately 30 years. Client M.S., DOAH Case No. 20-4754PL On January 10, 2018, M.S. completed her initial client intake form with Respondent which contained several sections. M.S. wrote that she suffered from post-concussion syndrome. According to M.S., she was diagnosed with post-concussion syndrome and mild traumatic brain injury after a log fell on her head in August of 2017. Under the heading “concerns,” M.S. wrote: “I’m going crazy and losing memory completely—eyes burning.” Under “recent changes,” M.S. wrote: “loss of memory, confusion, irate, irritability, uncontrollable anxiety, depression, extreme vertigo, unable to focus or comprehend, extreme nervousness and feeling out of control emotions.” M.S. had four massage sessions with Respondent on January 10, 19, 24, and 31, 2018. M.S. removed her shoes but was otherwise fully clothed during all four massage sessions. The Department alleges that the sexual activity occurred during M.S.’s fourth and final session on January 31, 2018. Specifically, the Department alleges that Respondent touched M.S.’s labia with his fingers, rested his fingers on M.S.’s vagina, and cupped her vagina.2 During her testimony, M.S. demonstrated how Respondent touched her vagina. Using her own hand to demonstrate, M.S. placed her hand above her vagina with her fingers pointed in a horizontal position. M.S. did not indicate that Respondent “cupped” her vagina during this demonstration. Respondent denies that he touched M.S.’s labia with his fingers, rested his fingers on her vagina, or cupped her vagina. Respondent’s testimony as to the touching that occurred during the January 31, 2018, massage session was credible and more precise than that of M.S. Respondent’s testimony is accepted over the testimony of M.S. where it conflicts. Dr. George Rozelle is the physician who owns the facility where Respondent performed massage therapy on M.S. The Department offered hearsay testimony from a witness who heard Dr. Rozelle say “not again” when M.S. told him that Respondent had touched her inappropriately during the massage session that occurred that day. The inference suggested by the Department is that Respondent had been previously accused of inappropriately touching other massage therapy clients on other occasions. 2 The Department also states in its PRO that Respondent touched M.S.’s breasts. The Administrative Complaint in DOAH Case No. 20-4754PL does not, however, identify the touching of M.S.’s breasts as a sexual activity that occurred when Respondent massaged her, and therefore cannot serve as a basis for disciplinary action in this case. Trevisani v. Dep’t of Health, 908 So. 2d 1108 (Fla. 1st DCA 2005); Delk v. Dep’t of Prof’l Reg., 595 So. 2d 966, 967 (Fla. 5th DCA 1992). The testimony is hearsay for which the Department failed to establish an exception, and is unreliable because Dr. Rozelle did not testify to explain what he meant when he said “not again.” Even if Dr. Rozelle said “not again,” because there were one or more prior similar complaints about Respondent, such unproven allegations cannot be relied upon here to establish that Respondent had a propensity to commit sexual misconduct on massage therapy clients. § 120.57(1)(d), Fla. Stat. For all of these reasons, the “not again” statement is not accepted as evidence against Respondent. The Department failed to prove that Respondent engaged M.S. in sexual activity, or that Respondent touched M.S. in a manner that was intended to, or likely to, erotically stimulate himself or M.S. Client S.B., DOAH Case No. 20-4755PL S.B. presented to Respondent for massage therapy for the first time on August 15, 2017. S.B. completed a client information form indicating that the reason for her visit was “low energy, lost, depressed.” S.B. wrote that she experienced these conditions for four years, that they followed an undisclosed accident, trauma, or illness, and that they were aggravated by “life.” S.B. was seen by Respondent for massage therapy on nine different occasions on August 17 and 20, and October 10 and 19, 2017; January 16, 23, and 30, and February 6 and 15, 2018. Respondent was fully clothed during all the massage sessions with Respondent. S.B. testified that Respondent told her that he “loved” her and that he was “never going to leave” her during several visits, but she could not identify when Respondent made those statements. S.B also testified that Respondent told her that she may experience an orgasm when he applied pressure to her groin during a session, but she could not recall when that happened. S.B. testified that she returned to see Respondent for message therapy after he touched her groin and allegedly made the “orgasm” comment, but that she had another female massage therapist with her during the session. Additionally, S.B. testified that Respondent put his hands over her breasts during more than one session, but she could not say how often or when this occurred. S.B. denied that Respondent ever “grasped” her breasts and admitted that she never complained to Respondent about allegedly touching her breasts. Respondent denied that he told S.B. that he “loved” her, that he was “never going to leave” her, or that she might experience an “orgasm.” According to Respondent, he touched S.B.’s adductor muscles and pubic bone—not her vagina—to help reduce her complaint of hip pain during her third visit on October 10, 2017. S.B.’s testimony was imprecise and the facts to which she testified were not distinctly remembered. Respondent’s testimony is accepted over S.B.’s testimony where it conflicts. The Department failed to prove that Respondent engaged S.B. in sexual activity or that Respondent touched S.B. in a manner that was intended to, or likely to, erotically stimulate himself or S.B.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Health, Board of Massage Therapy, enter a final order dismissing the Administrative Complaints. DONE AND ENTERED this 26th day of May, 2021, in Tallahassee, Leon County, Florida. S BRIAN A. NEWMAN Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of May, 2021. COPIES FURNISHED: Mary A. Wessling, Esquire Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399 Richard A. Greenberg, Esquire Rumberger Kirk & Caldwell 101 North Monroe Street, Suite 120 Tallahassee, Florida 32301 Julisa Renaud, Esquire Florida Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399 Kama Monroe, JD, Executive Director Board of Massage Therapy Department of Health 4052 Bald Cypress Way, Bin C-06 Tallahassee, Florida 32399-3257 Ann L. Prescott, Esquire Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399 Louise St. Laurent, General Counsel Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265
The Issue Whether Respondent Sabina Dahlberg's Massage Therapy violated Sections 480.46(1)(k) and 480.043(7), Florida Statutes (1993), whether Respondent Sabina Dahlberg violated Section 480.046(1)(k), Florida Statutes (1993), and if so, what penalties should be imposed.
Findings Of Fact Respondent Sabina Dahlberg (Dahlberg) holds a massage therapy license from the state of Florida, license number, MA0011128. Dahlberg owns Sabina Dahlberg’s Massage Therapy which holds a massage establishment license from the state of Florida, license number MM004301. In March, 1993, Dahlberg opened a vitamin store, Powerhouse Vitamins, at 732 S. Federal Highway, Dania, Florida. At that time Dahlberg was involved in professional body building and did not provide massage therapy services. Subsequent to the opening of the vitamin store, Dahlberg began to give massages in the rear of the building. There is a neon sign in the front window of the store which says "massages." Dahlberg filed an application with the Department of Business and Professional Regulation (Department) to obtain the necessary license for a massage therapy establishment. The license was issued to Sabina Dahlberg’s Massage Therapy located at the 732 South Federal Highway address. Between August 1993 and March 1994, Dahlberg employed licensed massage therapists Cynthia Williams and Dorothy Martin. Donna Booras, who was then under the apprenticeship of Dorothy Martin, also worked at Dahlberg’s establishment. In August, 1993, Ruth "Debbie" Cerminaro was also working at the establishment known as Powerhouse Vitamins. Ms. Cerminaro had a cosmetology license and was hired to perform facials, body wraps, and body waxing. Ms. Cerminaro did not have a license to give massages. Sometimes Dahlberg’s mother, Ursula Metzler, would help out at the store by answering the telephones and selling vitamins. At one time Ms. Metzler was considering becoming an apprentice in order to obtain a license to practice massage. Dahlberg testified that her mother never performed massages; however the pages from the store’s appointment book indicate that on March 3, 1994, Ursula had two appointments. In each massage room there is a sign which tells the customers, "Don’t even ask" for illegitimate acts. A customer could get a half-hour massage for $25 or a full hour massage for $45. The half-hour massage consisted of massaging the back and the back of the legs. The hour massage consisted of massaging the back, the front and back of the legs, the arms, the chest, and the colon. It was not unusual for customers to leave tips. In 1993 and 1994, Dahlberg had an arrangement with Dr. and Mrs. Spingarn to give the Spingarn’s massage therapy. Mrs. Spingarn had been involved in an accident and was receiving massage therapy as well as pool therapy from Dahlberg. For the most part, Mrs. Spingarn’s therapy was paid through workers’ compensation insurance. Dr. Spingarn was a dentist and at times Dahlberg would provide massage therapy to Dr. Spingarn in exchange for dental services. Dr. Spingarn would be given the massages at his office, the Powerhouse Vitamins’ location, or at his home. Because of the severity of her injuries, Mrs. Spingarn usually received her massage therapy at home, but she had also been given therapy at her husband’s office. When she received therapy at home, Dahlberg would massage her for about one and one-half hours and provide therapy in the swimming pool for about an hour. The home sessions would usually begin in the morning around ten or eleven o’clock and go into the afternoon. Around August 2, 1993, the Broward County Sheriff’s office received information alleging that Dahlberg and other employees at her business had engaged in sexual activity with customers at the business. Detectives Chris Percival (Percival) and Joseph Ventura (Ventura) of the Broward County Sheriff’s Office were assigned to conduct an undercover operation to determine if prostitution was occurring at Dahlberg’s place of business. On August 7, 1993, Ventura went to Powerhouse Vitamins and requested a massage. He was shown to a room in the back of the store, where he removed his clothes and placed a towel around his waist. A female named Debbie entered the massage room and told him to lay on his belly on the massage table. Debbie put lotion on her hands and began to massage Ventura’s back. Halfway through the massage, Ventura asked Debbie if she worked for tips and what could he get for a tip. Debbie wanted to know what he wanted, and he told her that he wanted to be taken care of. She told him to roll over on his back. Debbie wanted to know if Ventura was a cop and he assured her that he was not. Debbie began to rub lotion on his upper leg area. She removed the towel, poured lotion on his groin area, and began to masturbate Ventura. Ventura told her to stop that he was nervous. Debbie stopped and then resumed the back massage. A few minutes later the massage ended. Ventura paid her for the massage, including a tip, and left. On August 10, 1993, Detective Chris Percival (Percival) went to Powerhouse Vitamins for an appointment with Dahlberg for a massage at 4:30 p.m. During the massage, Percival told Dahlberg that he was impotent. About twenty to twenty-five minutes into the massage, Dahlberg applied lotion to her hands and began to masturbate Percival. Percival stopped her and told her that he thought that she had taken care of his problem. He paid her for the massage and included a tip. On August 10, 1993, Dahlberg gave a massage to Pat Spingarn at Mrs. Spingarn’s home. The message session started at ten o’clock and lasted for about one and one-half hours. They broke for lunch and then did pool therapy for an hour. The distance from Mrs. Spingarn’s home to Dahlberg’s establishment is approximately a 45 minute drive. There was sufficient time for Dahlberg to provide therapy to Mrs. Spingarn and return to her business establishment to give a massage to Percival beginning at 4:30 P.M. On the afternoon of March 2, 1994, Percival went to Powerhouse Vitamins for a massage with Sabina at 4:30. Sabina remembered him from his previous visit. Percival was shown to a room in the rear of the building where he disrobed. Sabina came in and began to give him a massage. About half way through the massage, Sabina told Percival to roll over face up. Sabina put a lubricant on her hands and massaged his penis. Once Percival achieved an erection, Sabina stopped. Percival paid her and left. Respondent’s Exhibit Three is a page from the business’s appointment book for March 2, 1994. There is a notation that Sabina was not working that afternoon; however, the notation was written over an erasure that appeared to be an appointment from 4:30 to 5:30 p.m.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Respondent Sabina Dahlberg’s Massage Therapy is guilty of the violations set forth in Counts I and II of the Administrative Complaint in DOAH Case No. 94-01866 and revoking the massage establishment license of Sabina Dahlberg’s Massage Therapy and that a Final Order be entered finding that Sabina Dahlberg is guilty of the violation set forth in Count I of the Administrative Complaint in DOAH Case No. 96-1991, dismissing Count II of the Administrative Complaint in DOAH Case No. 96- 1991, and revoking the massage therapy license of Sabina Dahlberg. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 29th day of May, 1997. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1997. COPIES FURNISHED: Ruby Seymour Barr, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Jerome H. Shevin, Esquire 100 North Biscayne Boulevard, 30th Floor Miami, Florida 33132 Joe Baker, Executive Director Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399
