20-004755PL Department Of Health, Board Of Massage Therapy vs. Kenneth James Dipersio, L.M.T.
 Status: Closed
Recommended Order on Wednesday, May 26, 2021.


View Dockets  
Summary: Department failed to prove by clear and convincing evidence that Respondent engaged in sexual misconduct. Dismissal of Administrative Complaints recommended.

1S TATE OF F LORIDA

6D IVISION OF A DMINISTRATIVE H EARINGS

13D EPARTMENT OF H EALTH , B OARD OF

21M ASSAGE T HERAPY ,

25Petitioner ,

26Case No s. 20 - 4754PL

32vs. 20 - 4755PL

36K ENNETH J AMES D IPERSIO , L.M.T. ,

43Respondent .

45/

46R ECOMMENDED O RDER

50The final hearing was held in this case by Zoom Video Conference in

63Tallahassee, Florida, on March 4 and 5 , 2021, before Brian A. Newman, an

76Administrative Law Judge of the Division of Administr ative Hearings

86(DOAH).

87A PPEARANCES

89For Petitioner: Ann L. Prescott, Esquire

95Julisa Renaud, Esquire

98Department of Health

101Prosecution Services Unit

1044052 Bald Cypress Way , Bin C - 65

112Tallahassee, Florida 32399

115For Respondent: R ichard A. Greenberg, Esquire

122Rumberger Kirk & Caldwell

126101 North Monroe Street , Suite 120

132Tallahassee, Florida 32301

135S TATEMENT OF T HE I SSUE S

143The issues in th ese consolidated case s are whether Respondent committed

155sexual misconduct as ch arged in the Administrative Complaint s , and, if so,

168what penalty should be imposed.

173P RELIMINARY S TATEMENT

177On August 14, 2020, the Department of Health (Department) filed two

188Administrative Complaint s before the Board of Massage Therapy (Board)

198against Kenn eth James DiPersio, L.M.T. (Respondent). In DOAH C ase

209No. 20 - 4754PL , the Department charged Respondent with sexual misconduct

220while treating a client identified as M.S. , in violation of sections 4 80.046(1)(p)

233and 4 80.0485, Florida Statutes , and Florida Adm inistrative Code Rule 64B7 -

2462 6.010(1) and (3). 1 In DOAH C ase No. 20 - 4755PL , the Department charged

262Respondent with committing sexual misconduct while treating a client

271identified as S.B. , in violation of the same provisions. Respondent timely filed

283a reques t for a hearing involving disputed issues of material fact in both

297cases.

298On October 23, 2020, the Department transmitted the Administrative

307Complaint s to DOAH for assignment of an administrative law judge to

319conduct the requested hearing s . On November 9 , 2020, DOAH C ase

332No s . 20 - 475 4 PL and 20 - 4755PL were consolidated for all purposes .

350The final hearing scheduled for January 13 , 202 1 , was continued at the

363request of both parties for good cause and was rescheduled to be heard via

377Zoom V ideo C onference on March 4 and 5, 2021.

388Prior to the hearing, the parties filed a Joint Pre - hearing Stipulation, in

402which they identified their proposed witnesses and exhibits, set forth their

413objections to the other partyÔs proposed exhibits, and agreed to several

4241 The Administrative Complaints are based on events that occurred in 2017 and 2018. All

439references herein to statutes an d rules are to the version s in effect at the time the events at

459issue occurred.

461state ments of fact and law. The partiesÔ agreed facts have been incorporated

474in the Findings of Fact below to the extent relevant.

484At the hearing, the parties offered Joint Exhibit 1 , which was admitted.

496T he Department presented the live testimony of S.B., M.S ., Maxine Satrape,

509and Jasmin Driessen, and the testimony of expert witness Faith Bueller ,

520L.M.T. , by deposition transcript . Department Exhibits 1 through 4, and 7

532were admitted. R espondent presented the testimony of expert witness Donald

543C. Kelley, L.M.T. , and testified on his own behalf. RespondentÔs Exhibits 1

555and 2 were admitted.

559The three - volume Transcript of the hearing was filed on March 29, 2021 .

574The deadline to file p roposed r ecommended o rders (PROs) was extended to

588April 26, 2021 , at the request of Respondent. Both parties timely filed PROs ,

601which have been considered in the preparation of this Recommended Order.

612F INDINGS OF F ACT

6171. The Department is charged with regulating the practice of massage

628therapy pursuant to c hapter s 456 and 480, Fl orid a Statutes.

6412. At all times material to this case, Respondent was a licensed massage

654therapist in Florida, having been issued license number MA 11149.

664Respondent has practiced massage therapy for approximately 30 years.

673Client M.S. , DOAH Case No. 20 - 4754PL

6813 . On January 10, 2018, M.S. completed her initial client intake form with

695Respondent which contained several sections . M.S. wrote t hat she suffered

707from post - concussion syndrome. According to M.S., she was diagnosed with

719post - concussion syndrome and mild traumatic brain injury after a log fell on

733her head in August of 2017. Under the heading Ñconcerns , Ò M.S. wrote: ÑIÔm

747going crazy and losing memory completely Ð eyes burning.Ò Under Ñrecent

758changes , Ò M.S. wrote: Ñloss of memory, confusion, irate , irritabil ity,

769uncontrollable anxiety, depression, extreme vertigo, unable to focus or

778comprehend, extreme nervousness and fee ling out of control emotions. Ò

7894 . M.S. had four massage sessions with Respondent on January 10, 19, 24 ,

803and 31, 2018 . M.S. removed her shoe s but was otherwise fully clothed during

818all four massage sessions.

8225 . The Department alleges that the sexual activity occurred during M.S.Ôs

834fourth and final session on January 31, 2018. Specifically, the Department

845alleges that Respondent touched M.S.Ô s labia with his fingers, rested his

857fingers on M.S.Ôs vagina, and cupped her vagina. 2

8666 . During her testimony, M.S. demonstrated how Respondent touched her

877vagina. Using her own hand to demonstrate, M.S. placed her hand above her

890vagina with her fingers pointed in a horizontal position. M.S. did not indicate

903that Respondent ÑcuppedÒ her vagina during this demonstration.

9117 . Respondent denies that he touched M.S.Ôs labia with his fingers , rested

924his fingers on her vagina , or cupped her vagina.

9338 . Respond entÔs testimony as to the touching that occurred during the

946January 31, 2018 , massage session was credible and more precise than th at

959of M.S. RespondentÔs testimony is accepted over the testimony of M.S. where

971it conflicts.

9739 . Dr. George Rozelle is the ph ysician who owns the facility where

987Respondent performed massage therapy on M.S. The Department offered

996hearsay testimony from a witness who heard Dr. Rozelle say Ñnot againÒ

1008when M.S. told him that Respondent had touched her inappropriately during

1019the mas sage session that occurred that day. The inference suggested by the

1032Department is that Respondent had been previously accused of

1041inappropriately touching other massage therapy clients on other occasions.

10502 The Department also states in its PRO that Respondent touched M.S.Ôs breasts. The

1064Administrative Complaint in DOAH Case No. 20 - 4754PL does not, however, identify the

1078touchin g of M.S.Ôs breasts as a sexual activity that occurred when Respondent massaged her,

1093and therefore cannot serve as a basis for disciplinary action in this case. Trevisani v. DepÔt of

1110Health , 908 So. 2d 1108 (Fla. 1st DCA 2005) ; Delk v. DepÔt of ProfÔl Reg . , 595 So. 2d 966, 967

1131(Fla. 5th DCA 1992 ).

1136The testimony is hearsay for which the Department fa iled to establish an

1149exception, and is unreliable because D r. Rozelle did not testify to explain

1162what he meant when he said Ñnot again.Ò E ven if Dr. Rozelle said Ñnot again , Ò

1179because there were one or more prior similar complaints about Responden t,

1191such un proven allegations cannot be relied upon here to establish that

1203Respondent had a propensity to commit sexual misconduct on massage

1213therapy clients. § 120.57(1)( d ), Fla. Stat. For all of these reasons, the Ñnot

1228againÒ statement is not accepte d as evidence a gainst Respondent .

124010. The Department failed to prove that Respondent engaged M . S . in

1254sexual activity , or that Respondent touched M.S. in a manner that was

1266intended to, or likely to, erotically stimulate himself or M.S.

1276Client S.B. , DOAH Case No. 20 - 475 5 P L

12871 1 . S.B. presented to Respondent for massage therapy for the first time on

1302August 15, 2017. S.B. completed a client information form indicating that the

1314reason for her visit was Ñlow energy, lost, depressed.Ò S.B. wrote that she

1327experienced these conditi ons for four years, that they followed an undisclosed

1339accident, trauma , or illness , and that they were aggravated by Ñlife.Ò

13501 2 . S.B. was seen by Respondent for massage therapy on nine different

1364occasions on August 17 and 20, and October 10 and 19, 2017; J anuary 16, 23,

1380and 30, and February 6 and 15, 2018. Respondent was fully clothed during all

1394the massage sessions with Respondent.

13991 3 . S.B. testified that Respondent told her that he ÑlovedÒ her and that he

1415was Ñnever going to leaveÒ her during several visi ts , but she could not identify

1430when Respondent made th ose statement s .

14381 4 . S.B also testified that Respondent told her that she may experience an

1453orgasm when he applied pressure to her groin during a session, but she could

1467not recall when that happened. S. B. testified that she returned to see

1480Respondent for message therapy after he touched her groin and allegedly

1491made the ÑorgasmÒ comment, but that she had another female massage

1502therapist with her during the session.

15081 5 . Additionally, S.B. testified that R espondent put his hands over her

1522breasts during more than one session, but she could not say how often or

1536when this occurred. S.B. denied that Respondent ever ÑgraspedÒ her breasts

1547and admitted that she never complained to Respondent about allegedly

1557touchi ng her breasts.

15611 6 . Respondent denied that he told S.B. that he ÑlovedÒ her, that he was

1577Ñnever going to leave Ò her , or that she might experience an Ñorgasm.Ò

1590According to Respondent, he touched S.B.Ôs ad ductor muscles and pubic

1601bone Ð not her vagina Ð to help reduce her complaint of hip pain during her

1617third visit on October 10, 2017.

16231 7 . S.B.Ôs testimony was imprecise and the facts to which she testified

1637were not distinctly remembered. Respondent Ô s testimony is accepted over

1648S.B.Ôs testimony where it conflic ts.

165418. The Department failed to prove that Respondent engaged S.B. in

1665sexual activity or that Respondent touched S.B. in a manner that was

1677intended to, or likely to, erotically stimulate himself or S . B.

1689C ONCLUSIONS OF L AW

16941 9 . A pr o c ee d i ng to s u sp en d , r e v o k e, or i m p o s e other d i sc i p li ne u p on a

1736li c en s e i s p en a l i n n a t u r e. S t at e e x r el . Vi ni ng v. F la . R ea l Es t a te C omm Ô n , 28 1

1784S o . 2 d 4 87 , 4 9 1 ( F la . 19 7 3 ) . T he D e p a r tment the r e f o r e b e a r s the b u rd en of

1829pr o vi ng the c h a r g es agai n s t R e sp on d ent b y c l e a r a nd c on vi n ci n g e vi d en c e.

1872F ox v. D epÔ t of He a l th , 99 4 So. 2 d 41 6 , 4 1 8 ( Fla . 1 s t D C A 2 008 ) (ci t i ng D epÔ t of

1913Ba n k i ng & F i n. v. O s b o r ne S t er n & C o . , 67 0 So. 2 d 93 2 ( Fl a . 1 9 9 6 )) .

195420 . A s s t a ted b y the F l o r i d a Su pr eme C ou r t:

1979C l e a r a nd c on vi n c i ng e vi d en c e r e q u i r es th a t the

2010e v i d en c e mu s t b e f o u nd to b e c r e d ibl e; the f a c ts

2040to w h i c h the wi tne ss es te s t i f y mu s t b e d i s t i n c t l y

2072r emem b e r e d ; the te s t i mony mu s t b e pr e c i s e a nd

2098e x p li c i t a nd the w i tne ss es mu s t b e la ck i ng in

2123c on f u s i on a s to the f a c ts i n i ss ue. T he e vi d en c e

2151mu s t b e of s u c h w e ig ht th a t i t pr o d u c e s i n the

2180m i nd of the t r i er of f a c t a f i r m b e li ef or

2204c on vi c t i on, wi thout he s i t a n c y , a s to the t r uth of the

2230a l l e ga t i ons s ou g ht to b e e s t a b l i s he d .

2256I n r e He n s on , 91 3 So. 2 d 57 9 , 5 9 0 ( F la . 2 0 0 5 ) ( q uot i ng S l omo w i tz v. W al k er ,

229949 2 S o . 2 d 7 97 , 8 0 0 ( F la . 4 th D C A 1 983 )) . T h i s b u rd en of pr oof m a y b e met

2341w he r e the e vi d en c e i s i n c on f li c t; ho w e v e r , Ñ i t s eems to pr e c l u d e e vi d en c e t h a t

2391i s a m b ig uou s . Ò W es t i n g hou s e El e c . C o rp . v. S hu le r Br o s . , 59 0 So. 2 d 98 6 , 9 88

2436( Fla . 1 s t D C A 1 9 91 ) .

245021 . D i sc i p li n a r y s t a t u tes a nd r u l es Ñmu s t b e c on s t r ued s t r i c t ly , i n f av or

2497of the one ag a i n s t w hom the p en al ty w ou l d b e i m p o s e d . Ò G riff i s v. F is h &

2537W il d li f e C on s e r . C o m m Ô n , 5 7 So. 3 d 9 2 9 , 9 3 1 ( Fl a . 1 s t D C A 20 1 1 ) ; M un c h v.

2585D epÔ t of P r o fÔ l R e g. , D i v. of R ea l Es t ate , 59 2 So. 2 d 1 1 36 , 1 1 4 3 ( F l a . 1 s t D C A

263019 9 2 ) ; Mc C l ung v. Cr i m. Ju s t. S td s . & T rai n i ng C omm Ô n , 45 8 S o . 2 d 8 8 7,

266988 8 ( F la . 5 th D C A 1 9 84 ) .

26852 2 . A licensed massage therapist can be disciplined in Florida for

2698violating any provision of c hapter 480, or rules adopted pursuant t hereto.

2711§ 480.046(1)(p), Fla. Stat. Here, t he Department charged Respondent with

2722committing sexual misconduct in violation of section 480.0485 and rule

273264B7 - 26.010 .

27362 3 . Section 480.0485 prohibits massage therapists from engaging or

2747attempting to engage the massage therapy client in sexual activity:

2757The massage therapist - patient relationship is

2764founded on mutual trust. Sexual misconduct in the

2772practice of massage therapy means violation of the

2780massage therapist - patient relationship through

2786which the massage therapist uses that relationship

2793to induce or attempt to induce the patient to

2802engage, or to engage or attempt to engage the

2811patient, in sexual activity outside the scope of

2819practice or the scope of generally accepted

2826examination or treatment of the patie nt. Sexual

2834misconduct in the practice of massage therapy is

2842prohibited.

28432 4 . Rule 64B7 - 26.010 reiterates the statuteÔs prohibition against sexual

2856activity during massage therapy and defines Ð in detail Ð what constitutes

2868Ñsexual activityÒ in this context:

2873(1) Sexual activity by any person or persons in any

2883massage establishment is absolutely prohibited.

2888(2) No massage establishment owner shall engage

2895in or permit any person or persons to engage in

2905sexual activity in such owner's massage

2911establishment or use su ch establishment to make

2919arrangements to engage in sexual activity in any

2927other place.

2929(3) No licensed massage therapist shall use the

2937therapist - client relationship to engage in sexual

2945activity with any client or to make arrangements to

2954engage in sexual a ctivity with any client.

2962(4) As used in this rule, Ñsexual activityÒ means any

2972direct or indirect physical contact by any person or

2981between persons which is intended to erotically

2988stimulate either person or both or which is likely to

2998cause such stimulatio n and includes sexual

3005intercourse, fellatio, cunnilingus, masturbation, or

3010anal intercourse. For purposes of this subsection,

3017masturbation means the manipulation of any body

3024tissue with the intent to cause sexual arousal. As

3033used herein, sexual activity ca n involve the use of

3043any device or object and is not dependent on

3052whether penetration, orgasm, or ejaculation has

3058occurred. Nothing herein shall be interpreted to

3065prohibit a licensed massage therapist, duly

3071qualified under Rule 64B7 - 31.001, F.A.C ., from

3080pr acticing colonic irrigation.

30842 5 . The evidence here falls short of establishing that Respondent engaged

3097in Ñ sexual activity Ò with M.S. or S.B. , as the term is defined by rule. This is

3115primarily because the testimony from M.S. and S.B. was imprecise and

3126lac ked the certainty that the clear and convincing burden of proof requires .

3140But even so, most of the touching Respondent was accused of performing Ð on

3154clients who remained fully clothed during all sessions Ð does not constitute

3166sexual activity , because the touc hing was not a sexual act enumerated in the

3180rule or touching that was otherwise intended to erotically stimulate.

319026 . Based upon the weight of the credible evidence , t he Department failed

3204to prove by clear and convincing evidence that Respondent engaged S.B. or

3216M.S. in sexual activity while performing massage therapy on them.

3226R ECOMMENDATION

3228Based on the foregoing Findings of Fact and Conclusions of Law, it is

3241R ECOMMENDED that the Department of Health, Board of Massage Therapy,

3252enter a final order dismis sing the Administrative Complaints.

3261D ONE A ND E NTERED this 26th day of May , 2021 , in Tallahassee, Leon

3276County, Florida.

3278S

3279B RIAN A. N EWMAN

3284Administrative Law Judge

32871230 Apalachee Parkway

3290Tallahassee, Florida 32399 - 3060

3295(850) 488 - 9675

3299www.doah.state.fl.u s

3301Filed with the Clerk of the

3307Division of Administrative Hearings

3311this 26th day of May , 2021 .

3318C OPIES F URNISHED :

3323Mary A. Wessling, Esquire R ichard A. Greenberg, Esquire

3332Department of Health Rumberger Kirk & Caldwell

3339Prosecution Services Unit 101 North Monroe Street , Suite 120

33484052 Bald Cypress Way , Bin C - 65 Tallahassee, Florida 32301

3359Tallahassee, Florida 32399

3362Julis a Renaud, Esquire Ann L. Prescott, Esquire

3370Florida Department of Health Department of Health

33774052 Bald Cypress Way , Bin C - 65 Prosecution Services Unit

3388Tallahassee, Florida 32399 4052 Bald Cypress Way , Bin C - 65

3399Tallahassee, Florida 32399

3402Kama Monroe, JD, Executive Director

3407Board of Massage Therapy L ouise St. Laurent, General Counsel

3417Department of Health Department of Health

34234052 Bald Cypress Way , Bin C - 06 4052 Bald Cypress Way , Bin C - 65

3439Tallahassee, Florida 32399 - 3257 Tallahassee, Florida 32399 - 3265

3449N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

3460All parties have the right to submit written exceptions within 15 days from

3473the date of this Re commended Order. Any exceptions to this Recommended

3485Order should be filed with the agency that will issue the Final Order in this

3500case.

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Date
Proceedings
PDF:
Date: 10/04/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 09/28/2021
Proceedings: Agency Final Order
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Date: 05/26/2021
Proceedings: Recommended Order
PDF:
Date: 05/26/2021
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 05/26/2021
Proceedings: Recommended Order (hearing held March 4 and 5, 2021). CASE CLOSED.
PDF:
Date: 04/26/2021
Proceedings: Respondent's Proposed Recommended Order filed.
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Date: 04/26/2021
Proceedings: Petitioner's Proposed Recommended Order filed.
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Date: 04/01/2021
Proceedings: Order Granting Extension of Time.
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Date: 03/30/2021
Proceedings: Petitioner's Response to Respondent's Motion for Additional Time to File Recommended Order filed.
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Date: 03/29/2021
Proceedings: Notice of Filing Transcript.
Date: 03/29/2021
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/29/2021
Proceedings: Respondent's Motion for Additional Time to File Recommended Order filed.
Date: 03/04/2021
Proceedings: CASE STATUS: Hearing Held.
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Date: 03/03/2021
Proceedings: Joint Pre-Hearing Stipulation filed.
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Date: 03/02/2021
Proceedings: Notice of Transfer.
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Date: 02/25/2021
Proceedings: Joint Exhibit filed. (Exhibit not available for viewing.)
Date: 02/25/2021
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 02/25/2021
Proceedings: (Petitioners) Notice of Filing Exhibits filed.
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Date: 02/25/2021
Proceedings: Order Granting Motion in Limine in Part.
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Date: 02/22/2021
Proceedings: Respondent's Response to Petitioner's Motion in Limine filed.
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Date: 02/19/2021
Proceedings: Notice of Intent to Seek to Admit Records Pursuant to Section 90.803(6)(c), Florida Statutes filed.
Date: 02/18/2021
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 02/15/2021
Proceedings: Petitioner's Motion in Limine filed.
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Date: 02/02/2021
Proceedings: Notice of Appearance (Ann Prescott) filed.
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Date: 01/04/2021
Proceedings: Notice of Taking Continued Deposition Pursuant to Subpoena Ad Testificandum (Kelley) filed.
PDF:
Date: 12/29/2020
Proceedings: Amended Notice of Court Reporter filed.
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Date: 12/29/2020
Proceedings: Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for February 18, 2021; 10:00 a.m., Eastern Time).
PDF:
Date: 12/22/2020
Proceedings: Amended Notice of Court Reporter filed.
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Date: 12/15/2020
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for March 4 and 5, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 12/10/2020
Proceedings: Notice of Taking Deposition Pursuant to Subpoena Ad Testificandum (D.K) filed.
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Date: 12/10/2020
Proceedings: Notice of Taking Deposition Pursuant to Subpoena Ad Testificandum (N.S) filed.
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Date: 12/10/2020
Proceedings: Notice of Taking Deposition Pursuant to Subpoena Ad Testificandum (M.L) filed.
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Date: 12/10/2020
Proceedings: Notice of Taking Deposition Pursuant to Subpoena Ad Testificandum (L.J) filed.
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Date: 12/10/2020
Proceedings: Notice of Taking Deposition Pursuant to Subpoena Ad Testificandum (K.R) filed.
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Date: 12/10/2020
Proceedings: Notice of Taking Deposition Pursuant to Subpoena Ad Testificandum (A.D) filed.
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Date: 12/10/2020
Proceedings: Second Amended Notice of Taking Deposition Via Zoom Conference filed.
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Date: 12/08/2020
Proceedings: Joint Motion for Continuance filed.
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Date: 12/08/2020
Proceedings: Respondent's Amended Notice of Compliance with Case Management Order filed.
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Date: 12/07/2020
Proceedings: Petitioner's Notice of Serving Petitioner's Response to Respondent's First Request for Production ( 20-04754PL and 20-04755PL) filed.
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Date: 12/02/2020
Proceedings: Petitioner's Notice of Serving Petitioner's Response to Respondent's First Set of Interrogatories filed.
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Date: 12/02/2020
Proceedings: Notice of Appearance (Julisa Renaud) filed.
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Date: 11/30/2020
Proceedings: Respondent's Notice of Service of Verified Answers to Interrogatories (20-004754PL and 20-004755PL) filed.
PDF:
Date: 11/24/2020
Proceedings: Respondent's Responses to Petitioner's First Set of Requests for Production (20-004755) filed.
PDF:
Date: 11/24/2020
Proceedings: Respondent's Response to Petitioner's First Set of Requests for Production (20-004754) filed.
PDF:
Date: 11/24/2020
Proceedings: Respondent's Notice of Service of Answers to Interrogatories (20-004755PL) filed.
PDF:
Date: 11/24/2020
Proceedings: Respondent's Notice of Service of Answers to Interrogatories (20-004754) filed.
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Date: 11/20/2020
Proceedings: Respondent's Notice of Compliance with Case Management Order filed.
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Date: 11/19/2020
Proceedings: Amended Notice of Taking Deposition via Zoom Conference filed.
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Date: 11/19/2020
Proceedings: Amended Notice of Taking Deposition via Zoom Conference filed.
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Date: 11/19/2020
Proceedings: Notice of Taking Deposition via Zoom Conference filed.
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Date: 11/19/2020
Proceedings: Notice of Taking Deposition via Zoom Conference filed.
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Date: 11/19/2020
Proceedings: Notice of Taking Deposition Via Zoom Conference Pursuant to Subpoena Ad Testificandum (Respondent) filed.
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Date: 11/19/2020
Proceedings: Notice of Taking Deposition In Lieu of Live Testimony Via Zoom Conference Pursuant to Subpoena Ad Testificandum filed.
PDF:
Date: 11/13/2020
Proceedings: Notice of Court Reporter (Pre-Hearing Conference) filed.
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Date: 11/13/2020
Proceedings: Notice of Court Reporter (Hearing) filed.
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Date: 11/12/2020
Proceedings: Respondent's Responses to Petitioner's First Set of Requests for Admissions (20-004755PL) filed.
PDF:
Date: 11/12/2020
Proceedings: Respondent's Responses to Petitioner's First Set of Requests for Admissions filed.
PDF:
Date: 11/12/2020
Proceedings: Order Granting Motion to Withdraw as Counsel of Record.
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Date: 11/12/2020
Proceedings: (Petitioner's) Notice of Unavailability filed.
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Date: 11/12/2020
Proceedings: Respondent's Notice of Service of Discovery Requests filed.
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Date: 11/12/2020
Proceedings: Respondent's Notice of Service of Discovery Requests (filed in Case No. 20-004755PL).
PDF:
Date: 11/10/2020
Proceedings: (Proposed) Order Granting Motion to Withdraw as Counsel of Record filed.
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Date: 11/10/2020
Proceedings: Motion to Withdraw as Counsel of Record (Jason Chapman) filed.
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Date: 11/10/2020
Proceedings: Case Management Order.
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Date: 11/09/2020
Proceedings: Order of Consolidation (DOAH Case Nos. 20-4754 and 20-4755).
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Date: 11/02/2020
Proceedings: Notice of Substitution of Counsel (Greenberg) filed.
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Date: 10/30/2020
Proceedings: Petitioner's Unilateral Response to the Initial Order filed.
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Date: 10/23/2020
Proceedings: Initial Order.
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Date: 10/23/2020
Proceedings: Notice of Serving Petitioner's First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
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Date: 10/23/2020
Proceedings: Election of Rights filed.
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Date: 10/23/2020
Proceedings: Administrative Complaint filed.
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Date: 10/23/2020
Proceedings: Agency referral filed.

Case Information

Judge:
BRIAN A. NEWMAN
Date Filed:
10/23/2020
Date Assignment:
03/02/2021
Last Docket Entry:
10/04/2021
Location:
Sarasota, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (2):