22-000525PL
Department Of Health, Board Of Massage Therapy vs.
William Daniel Corley, L.M.T.
Status: Closed
Recommended Order on Friday, July 8, 2022.
Recommended Order on Friday, July 8, 2022.
1Administrative Complaint; whether Respondent violated section
7480.046(1)(p), Florida Statu tes (2021), through a violation of r ule 64B7 -
2030.001(5), as alleged in the Amended Administrative Complaint; and if so,
31what disciplinary penalty is appropriate .
37P RELIMINARY S TATEMENT
41On December 13, 2021, Petitioner (Petitioner , Department , or Board of
51Ma ssage Therapy ) filed an Administrative Complaint against Respondent
61alleging Respondent engaged in sexual misconduct and fail ed to drape a
73client in violation of section 480.046(1)(p) , as defined in section 480.0485 , and
85r ules 64B7 - 26.010(1) and (3) and 64 B7 - 30.001(5).
97Respondent timely disputed the allegations in the Administrative
105Complaint and requested a final evidentiary hearing. Petitioner then referred
115this case to DOAH for assignment to an administrative law judge to conduct
128a hearing.
130On April 8, 2022, Petitioner filed an Unopposed Motion to Amend the
142Administrative Complaint, which the undersigned granted. Thus, the
150charging document is the Amended Administrative Complaint filed on
159April 20, 2022.
162The hearing was initially scheduled for March 30, 2022. On March 1,
1742022, the Department filed an Unopposed Motion to Continue Final Hearing,
185which the undersigned granted. The case was rescheduled for a hearing on
197May 2, 2022, by Zoom video conference .
205Prior to the hearing, the Parties filed a Join t Pre - H earing Stipulation. To
221the extent relevant, all stipulated facts have been adopted and incorporated
232into the Findings of Fact below.
238Additionally, Petitioner filed a Motion for Confidentiality. At the hearing,
248PetitionerÔs Motion for Confidentiality was granted . Petitioner also filed two
259Motions in Limine . PetitionerÔs First Motion in Limine to Exclude Evidence
271as Inadmissible Character and Reputation Evidence, as Inadmissible
279Hearsay, and as Irrelevant and Unfairly Prejudicial, was denied on the
290mer its . PetitionerÔs Second Motion in Limine to Exclude RespondentÔs
301Exhibits was denied as moot .
307The hearing commenced as scheduled. Joint Exhibits 1, 4, 5A, 5B, and 6
320through 9 were admitted into evidence. Joint Exhibits 2 and 3 were
332withdrawn . At the fin al hearing, Petitioner presented the testimony of five
345witnesses: P.D. (massage therapy client) ; B N; C
353D; Shamika James; and Dr. David Chesire, Ph.D. (offered as a lay
365witness). Respondent testified on his own behalf and did not o ffer any other
379witnesses.
380After the conclusion o f the hearing, the parties were informed of the ten -
395day timeframe provided by rule for filing proposed recommended orders
405(PROs), which runs from the date of filing of the hearing transcript at DOAH.
419The on e - volume Transcript of the hearing was filed with DOAH on June 8,
4352022. Petitioner timely filed its PRO on June 17, 2022 , which has been
448considered in preparing this Recommended Order. Respondent did not file a
459post - hearing submittal.
463Unless otherwise pro vided, citations to Florida Statutes are to the 20 21
476codification , and any citations to rules in the Florida Administrative Code are
488to the versions in effect at the time of the acts alleged to warrant discipline.
503McClosky v. Dep t of Fin. Servs. , 115 So. 3d 441, 444 (Fla. 5th DCA 2013).
519F INDINGS OF F ACT
5241. The Department, is the state agency charged with regulating the
535practice of massage therapy in the S tate of Florida, pursuant to section 20.43,
549and chapters 456 and 480, Florida Statutes .
5572. Respondent is a licensed massage therapist in the State of Florida,
569having been issued license number MA 92274 .
5773. At all times material to the Amended Administrative Complaint,
587Respondent was employed as a massage therapist at Essential Massage,
597located at 14444 Bea ch Boulevard, Suite 3 - 4, Jacksonville, Florida 32250 .
6114. P.D. scheduled a one - hour deep tissue massage appointment for July 5,
6252021, at Essential Massage and requested Respondent to be her massage
636therapist. P.D. selected Respondent because he previously provided a
645massage to P.D. during a couples massage, and she had no issues with him
659during that service.
6625. On July 5, 2021, P.D. arrived for her massage appointment. A fter P.D.
676checked in at the reception desk , Respondent escorted her to the massage
688room . Respondent asked P.D. if she had been to Essential Massage prior to
702the July 5, 2021, appointment and she replied, yes.
7116. Respondent asked P.D. if she had any problem areas , and she told him
725that she injured her right hamstring while playing with her daughter . Based
738on P.D.Ôs response, Respondent told P.D. that he would focus more attention
750on the injured hamstring area.
7557. After entering the massage room, Respondent instructed P.D. to
765undress to her comfort level , lie face down on the massage table , and cover
779herself with the sheet he provided . Respondent left the room and P.D.
792removed all her clothing, laid face down on the table, and covered herself
805with the sheet.
8088. Respondent returned to the massage treatment room and closed the
819door behind hi m. Unlike the couples massage, P.D. was in the massage room
833alone with Respondent.
8369. For the first 30 minutes of the massage, RespondentÔs actions seemed
848appropriate. Respondent began with moving the draping sheet to P.D.Ôs lower
859back and massaged her ba ck, neck, and shoulders. He then redraped P.D.Ôs
872back.
87310. Respondent then undraped P.D. Ôs right leg and massaged her right leg
886and right inner thigh . While massaging P.D. Ôs right leg, Respondent used the
900side of his hand (the side of the hand where the pinky is located) and touched
916the labia of P.D.Ôs vaginal area. In response to RespondentÔs action, P.D.
928recalls that her body Ñ tensed up, Ò but she believed RespondentÔs actions were
942unintentional at that time .
94711. Respondent continued to massage P.D. Ôs right leg, moving to her right
960thigh . While massaging her right thigh, RespondentÔs hand touched the area
972where P.D. Ôs thigh meets her vaginal area for a second time. This time, P.D.
987was certain that Respondent had intentionally touched her vagina.
99612. As Respondent continued to massage P.D.Ôs right leg he touched her
1008clitoris with his finger.
101213. Respondent then re draped P.D. Ôs right leg, and undraped her left
1025buttock and left leg down to P.D. Ôs left foot. Respondent then massag ed P.D. Ôs
1041left thigh, lef t buttock, and left hip .
105014. After Respondent completed massaging the left leg, he removed the
1061draping from P.D. Ôs body, leaving her uncovered and exposed on the massage
1074table. Then, w hile using both of his hands in an alternating motion,
1087Respondent rubbe d P.D.Ôs buttocks and at the same time began touching
1099P.D. Ôs vagina with the palm of his hand . During this action, Respondent
1113spread open P.D. Ôs uncovered buttocks with his hands, exposing her anus and
1126vagina .
112815. At no time during the massage did P.D. co nsent to RespondentÔs
1141conduct. She explained that she was unable to verbally command him to stop
1154because her body was ÑfrozenÒ and she could not move. Despite feeling
1166uncomfortable, she tried to ignore it, dismiss her thoughts , and Ñget through
1178it.Ò The en tire inappropriate sexual misconduct portion of the massage
1189happened during the last thirty minutes of the massage. At no point during
1202the massage did P.D. give Respondent consent to touch her vagina, clitoris , or
1215uncovered buttocks.
121716. Respondent never redraped P.D. during the remainder of the massage.
1228P.D. did not give Respondent consent to leave her buttocks or any part of her
1243body undraped. She also did not give him consent to expose her anus or
1257vagina.
125817. After P.D. Ôs massage, Respondent offered P .D. water and stepped out
1271of the massage room so P.D. could get dressed. After P.D. dressed,
1283Respondent handed P.D. water outside the massage room , and then P.D.
1294went to the rest room .
130018. P.D. left the restroom and walked toward the reception desk in the
1313lobby. As she walked toward the lobby, Responden t stopped P.D. and
1325provided instructions for range of motion, stretching, and warm up tips so she
1338could prevent future injury.
134219. P.D. checked out at the reception desk in the front lobby. She also paid
1357a tip to avoid any unwanted additional attention as she wanted to leave as
1371quickly as possible.
137420. After the massage, P.D. confided in her sisters, significant others, and
1386her therapist regarding her discomfort with RespondentÔs conduct during the
1396massage. She also ultimately reported the incident to law enforcement.
140621. P.D. first confided in her sisters, B N and C
1417D, after she left Essential Massage by calling them via a video call on
1431her mobile phone. She described to them the ev ents that happened with
1444Respondent. She told them that Respondent touched her vagina during the
1455massage. As she was explaining details, her sister, Ms. N, interrupted
1466P.D.Ôs description about the incident because P.D. was choking up on her
1478words and started to cry .Ò Ms. N, a former sexual assault victim
1491advocate, then encouraged P.D. to speak to her therapist about the incident.
150322. P.D. also texted her romantic partners, A nisha Johnson and Shamika
1515James, via group text and told them that Ñ somet hing Ò happened duri ng her
1531massage on July 5, 2021. She did not go into detail about what happened.
1545However, P.D. explained to Ms. Johnson and Ms. James that she did not
1558want to be touched intimately and needed to talk to her therapist.
157023. Despite what ha ppened, P.D. tried to go forward with the remainder of
1584her day. She went car shopping with her father, as previously planned.
1596However, she remained upset about what happened during the massage
1606appointment with Respondent.
160924. Based on the encouragement o f her friends and family, o n the morning
1624of July 6, 2021, P.D. attended an appointment with her therapist,
1635Dr. Chesire. The counseling session with Dr. Chesire was conducted by Zoom
1647video conference. Dr. Cheshire described P.D. as unlike her usual gregario us
1659self. He testified that as the appointment continued, P.D. appeared
1669increa singly upset, anxious, and tearful.
167525. P.D. explained to Dr. Cheshire that she ÑfrozeÒ during RespondentÔs
1686actions , and she could not move or speak. Dr. Chesire testified that , in his
1700experience Ï though he was not testifying as an expert witness Ï when people
1714are faced with difficult or scary situations, those situations can overwhelm
1725the prefrontal cortex, the logical part of the processing area in the brain.
1738Dr. Chesire explained that the brain starts to shut down the higher - ordered
1752attention, problem solving, and impulse control, and individuals retreat to a
1763more primitive area in the brain. Dr. Chesire compared this phenomenon to
1775Ñlizard brain,Ò where individuals go into Ñsurvi va l mode.Ò Dr. Chesire
1788testified that individuals freeze and cannot act because the brain is stuck
1800trying to process if what is happening is a threat, and if it is a threat, how to
1818respond. Dr. Chesire explained the time period for ÑfreezingÒ can be
1829anywhere from a split second to much longer. Dr. Chesire further explained
1841that this phenomenon is a very common experience for most, if not all, people
1855when confronted with a dangerous situation such as sexual assault . During
1867the session, Dr. Cheshire encouraged P.D. to file a complaint with the police.
188026. P.D. followed Dr. CheshireÔs advice, and later in the day on July 6,
18942021, she reported RespondentÔs conduct to the Jacksonville SheriffÔs Office
1904(JSO). The interview with JSO was captured on the police bod y camera. P.D.
1918described the details of the events on July 5, 2021, which were consistent
1931with details to which P.D. testified at the hearing. Similar to her demeanor
1944during the interview, P.D. appeared visibly distraught, shaken, and upset.
195427. Overall, P.D.Ôs testimony was sincere and believable and , as a result,
1966P.D.Ôs testimony is found to be credible. In addition, P.D.Ôs testimony was
1978corroborated by the credible testimony of Ms. N, Ms. D,
1988Ms. James , and Dr. Chesire, the individuals to whom she contemporaneously
1999disclosed the events involving Respondent .
200528. During his deposition, Respondent attempted to undermine P.D. Ôs
2015credibility by suggesting that P.D. might be trying to get a check or an Ñeasy
2030settlementÒ by fabricating the allegations . However, there was no evidence
2041offered during the deposition or at the final hearing that P.D. has filed a
2055lawsuit or has any other basis for reporting a false complaint.
206629. Respondent testified to a similar chronology of the events as P.D.
2078described t hem. Respondent met P.D. in the front lobby and took her back to
2093the massage treatment room where they discussed that P.D. saw him once
2105prior as a former client , and he asked P.D. if she had any problem areas.
2120Respondent testified that P.D. told him that h er right hamstring was sore
2133from doing gymnastics with her daughter , and he decided that extra time
2145would be spent on P.D. Ôs right thigh. RespondentÔs testimony about the
2157remaining details were similar to P.D.Ôs. testimony. The difference with
2167RespondentÔs description was that RespondentÔs version of the massage did
2177not include the sexual activity. He denied that he engaged in any
2189inappropriate conduct and instead, performed a routine massage.
219730. In contrast to P.D.Ôs testimony, RespondentÔs testimony lac ks
2207credibility. Given that this case rests on a classic case of P.D.Ôs version of the
2222events against Respondent , as they were the only two individuals present in
2234the massage room, the undersigned finds that P.D.Ôs testimony is more
2245persuasive, credible, cl ear, and convincing regarding the events on
2255July 5, 2021.
2258Ultimate Findings of Fact
226231. The parties stipulated that if Respondent t ouched and/or rubbed
2273and/or cupped P.D. Ôs vagina or clitoris , on July 5, 2021, as alleged, that would
2288be considered sexual misconduct as defined in section 480.0485. Based on the
2300credible, clear, and convincing evidence, Respondent touched and rubbed
2309P.D.Ôs vagina with his hand, and as a result, engaged in prohibited sexual
2322misconduct as defined in section 480.0485.
232832. The parties stipulated that if Respondent t ouched and/or rubbed
2339and/or cupped P.D. Ôs vagina or clitoris , on July 5, 2021, as alleged, that would
2354be considered sexual activity as defined r ule 64B7 - 26.010(4). Based on the
2368credible, clear, and convincing evidenc e, Respondent touched and rubbed
2378P.D.Ôs vagina with his hand, and as a result, engaged in prohibited sexual
2391activity as defined in rule 64B7 - 26.010(4).
239933. The parties stipulated that if Respondent rubbed P.D.Ôs exposed
2409buttocks , on July 5, 2021, as alleg ed, that would be considered sexual
2422misconduct as defined in section 480.0485 . The credible, clear, and convincing
2434evidence demonstrated that Respondent rubbed P.D.Ôs exposed buttocks, and
2443as a result, engaged in prohibited sexual misconduct as defined in section
2455480.0485.
245634. The parties stipulated that if Respondent rubbed P.D.Ôs exposed
2466buttocks , on July 5, 2021, as alleged, that would be considered sexual activity
2479as defined in rule 64B7 - 26.010(4). The credible, clear, and convincing
2491evidence demonstra ted that Respondent rubbed P.D.Ôs exposed buttocks, and
2501as a result, engaged in prohibited sexual activity as defined in rule 64B7 -
251526.010(4).
251635. The parties stipulated that if Respondent spread P.D.Ôs buttocks and
2527exposed her anus and/or vagina, on July 5, 2021, as alleged , that would be
2541con sidered sexual misconduct as defined in section 48 0.0485 . The credible,
2554clear, and convincing evidence demonstrated that Respondent spread P.D.Ôs
2563buttocks and exposed her anus and vagina, and as a result, engaged in
2576pr ohibited sexual misconduct as prohibited in section 480.0485.
258536. The parties stipulated that if Respondent spread P.D.Ôs buttocks and
2596exposed her anus and/or vagina, on July 5, 2021, as alleged, that would be
2610con sidered sexual activity as defined in rule 64B7 - 26.010(4). The credible,
2623clear , and convincing evidence demonstrated that Respondent spread P.D.Ôs
2632buttocks and exposed her anus and vagina , and as a result, engaged in
2645prohibited sexual activity as defined in rule 64B7 - 26.010(4).
265537. The parties st ipulated that if Respondent failed to appropriately drape
2667P.D. , on July 5, 2021, as alleged , by removing the drape and expos ing P.D. Ôs
2683buttocks, anus, and/or vagina without P.D. Ôs specific informed consent to be
2695undraped, that would constitute the failure to practice massage therapy with
2706that level of care, skill, and treatment which is recognized by a reasonably
2719prudent similar massage therapist as being acceptable under similar
2728conditions and circumstances, as outlined in r ule 64B7 - 30.001(5) . The
2741credible , clear , and convincing evidence demonstrated that Respondent failed
2750to appropriately drape P.D., as required by rule 64B7 - 30.001(5).
2761C ONCLUSIONS OF L AW
27663 8 . DOAH has jurisdiction over the subject matter and the parties,
2779pursuant to sections 120.569, 120. 57(1), and 456.073(5).
278739. According to PetitionerÔs Amended Administrative Complaint,
2794Petitioner seeks to suspend, revoke, or impose other disciplin e upon
2805Respondent's license. Thus, this proceeding is penal in nature. State ex rel.
2817Vining v. Fla. Real E st . Comm Ô n , 281 So. 2d 487, 491 (Fla. 1973). Therefore,
2835Petitioner must prove the allegations in the Complaint by clear and
2846convincing evidence. Dep Ô t of Banking & Fin., Div. of Sec. & Inv . Prot. v.
2863Osborne Stern & Co. , 670 So. 2d 932, 933 - 34 (Fla. 1996); Wright v. Dep Ô t of
2882Health, Bd. of Med. , 973 So. 2d 1233, 1235 (Fla. 4th DCA 2008).
289540. As stated by the Supreme Court of Florida:
2904Clear and convincing evidence requires that the
2911evidence must be found to be credible; the facts to
2921which the witnesses test ify must be distinctly
2929remembered; the testimony must be precise and
2936lacking in confusion as to the facts at issue. The
2946evidence must be of such a weight that it produces
2956in the mind of the trier of fact a firm belief or
2968conviction, without hesitancy, as t o the truth of the
2978allegations sought to be established.
298341. In re Henson , 913 So. 2d 579, 590 (Fla. 2005) ( quoting Slomowitz v.
2998Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983)). This burden of proof may
3013be met where the evi dence is in conflict; however, Ñ it seems to precl ude
3029evidence that is ambiguous.Ò Westinghouse Elec. Corp. v. Shuler Bros., Inc. ,
3040590 So. 2d 986, 988 (Fla. 1st DCA 1991).
304942. Penal statutes and rules authorizing discipline against a professional
3059license must be strictly construed, wit h any ambiguity resolved in favor of the
3073licensee. Elmariah v. Dep Ô t of Pro. Regul., Bd. of Med. , 574 So. 2d 164, 165
3090(Fla. 1st DCA 1990).
309443. Further , disciplinary action must be predicated on facts alleged and
3105charges set forth in an administrative comp laint. See § 120.60(5), Fla. Stat.;
3118Trevisani v. Dep Ô t of Health , 908 So. 2d 1108, 1109 (Fla 1st DCA 2005);
3134Cottrill v. Dep Ô t of Ins. , 685 So. 2d 1371, 1372 (Fla. 1st DCA 1996).
315044. Here, Count I of the Amended Administrative Complaint charges
3160Respondent with violating s ection 480.046(1)(p), through a violat ion of
3171section 480.0485 and/or r ule 64B7 - 26.010(1) and/or (3) , by touching P.D.Ôs
3184clitoris with his finger(s); by rubbing P.D.Ôs exposed buttocks; by spreading
3195P.D.Ôs buttocks and exposing her anus and/ or vagina; and/or by placing his
3208hand on P.D.Ôs vagina in a cupping fashion.
321645. Section 480.046(1)(p) provides that violating any provision of chapters
3226480 or 456 , or any rules adopted pursuant thereto , constitutes grounds for
3238disciplinary action.
324046 . Section 480.0485 prohibits sexual misconduct in the practice of
3251massage therap y as follows:
3256The massage therapist - patient relationship is
3263founded on mutual trust. Sexual misconduct in the
3271practice of massage therapy means violation of the
3279massage therapist - patient relationship through
3285which the massage therapist uses that relationship
3292to induce or attempt to induce the patient to
3301engage, or to engage or attempt to engage the
3310patient, in sexual activity outside the scope of
3318practice or the scope of generally accepted
3325examination or treatment of the patient. Sexual
3332misconduct in the practice of massage therapy is
3340prohibited.
334147. Rule 64B7 - 26.010(1) provides that s exual activity by any person or
3355persons in any massage establishment is absolutely prohibited.
336348. Rule 64B7 - 26.010(3) provides that no licensed massage therapist shall
3375use the therapist - client relationship to engage in sexual activity with any
3388client or to make arrangements to engage in sexual activity with any client.
340149. Rule 64B7 - 26.010(4) defi nes Ñsexual activity , Ò in pertinent part , as
3415follows:
3416[A] ny direct or indirect physical contact by any
3425person or between persons which is intended to
3433erotically stimulate either person or both or which
3441is likely to cause such stimulation. È For purposes
3450of this subsection, masturbation means the
3456manipulation of any body tissue with the intent to
3465cause sexual arousal. As used herein, sexual
3472activity can involve the use of any device or object
3482and is not dependent on whether penetration,
3489orgasm, or ejaculatio n has occurred.
349550. Petitioner proved by clear and convincing evidence that Respondent
3505violated section 480.046(1)(p), through a violation of section 48 0.0485 and
3516rule 64B7 - 26.010(1) and (3) , by engaging in sexual misconduct in the practice
3530of massage th erapy , by using his position as a massage therapist to induce or
3545attempt to induce, or to engage or attempt to engage P.D. in sexual activity
3559outside of the scope of practice as a massage therapist as follows: a) by
3573touching P.D.Ôs vagina and clitoris with his hand and fingers; b) by rubbing
3586P.D.Ôs exposed buttocks with his hands ; c) by spreading P.D. Ôs buttocks and
3599exposing her anus and vagina ; and d) by rubbing his hand on P.D.Ôs vagina.
361351. Count II charges Respondent with violating section 480.045(1)(p ) by
3624violating rule 64B7 - 30.001(5).
362952. Rule 64B7 - 30.001 provides in pertinent part:
3638The following acts shall constitute the failure to
3646practice massage therapy with that level of care,
3654skill, and treatment which is recognized by a
3662reasonably prudent simi lar massage therapist as
3669being acceptable under similar conditions and
3675circumstances:
3676(5) Failure to appropriately drape a client.
3683Appropriate draping of a client shall include
3690draping of the buttocks and genitalia of all clients,
3699and breasts of female c lients, unless the client gives
3709specific informed consent to be undraped.
371553 . Petitioner proved by clear and convincing evidence that Respondent
3726violated section 480.046(1)(p) th rough a violation of rule 64B7 - 30.001(5) by
3739failing to appropriately drape P .D. by removing the drap e from her body and
3754exposing P.D.Ôs buttocks without P.D. Ôs specific i nformed consent to be
3766undraped.
376754. Section 456.079, requires the Board of Massage Therapy to adopt
3778disciplinary guidelines for specific offenses. Penalties impo sed must be
3788consistent with any disciplinary guidelines prescribed by rule. See Parrot
3798Heads, Inc. v. DepÔt of Bus. & Pro. Regul. , 741 So. 2d 1231, 1233 - 34 (Fla. 5th
3816DCA 1999).
381855. At the time of RespondentÔs conduct, the disciplinary guidelines,
3828codified in r ule 64B7 - 30.002, were the guidelines in effect and applicable to
3843this matter. Fla. Admin. Code R. 64B7 - 30.002, ( effective Oct. 8, 2020 ) .
385956 . Rule 64B7 - 30.002 provides that the recommended discipline for a first -
3874time violation of section 480.046(1)(p ) includes a reprimand, an
3884administrative fine ranging from $250 to $1,000, and continuing education.
389557 . Rule 64B7 - 30.002 provides that the recommended discipline for a first -
3910time vi olation of section 480.0485 or r ule 64B7 - 26.010 rang es from a $2,500
3928a d ministrative fine to revocation.
393458. RespondentÔs conduct demonstrate s a clear violation of the client -
3946massage therapist relationship as he was is in a position of trust that he used
3961for his own sexual gratification . Given that the appropriate penalty is within
3974the disciplinary guidelines, discussion about aggravating and mitigating
3982factors is not necessary here.
3987R ECOMMENDATION
3989Based on the foregoing Findings of Fact and Conclusions of Law, it is
4002R ECOMMENDED that the Department of Health, Board of Massage Therapy,
4013enter a final order finding as follows:
4020a) finding that Respondent, William Daniel Corley, violated section
4029480.046(1)(p) through a violation of section 480.0485 and rule 64B7 -
404026.010(1) and (3);
4043b) finding that Respondent violated section 480.04 6(1)(p) through a
4053violation of r ule 64B7 - 30.001(5);
4060c) revoking RespondentÔs license to practice massage therapy; and
4069d) imposing an administrative fine in the amount of $2,500.
4080D ONE A ND E NTERED this 8th day of July , 2022 , in Tallahassee, Leon
4095County , Florida.
4097S
4098Y OLONDA Y. G REEN
4103Administrative Law Judge
41061230 Apalachee Parkway
4109Tallahassee, Florida 32399 - 3060
4114(850) 488 - 9675
4118www.doah.state.fl.us
4119Filed with the Clerk of the
4125Division of Administrative Hearings
4129this 8th day of July , 2022 .
4136C OPIES F URNIS HED :
4142William Daniel Corley , L.M.T. Collie Lynne Nolen, Esquire
4150Apartment 85 Department of Health
41551085 Atlantic Boulevard 4052 Bald Cypress Way, Bin C - 65
4166Jacksonville, Florida 32233 Tallahassee, Florida 32399
4172John Wilson, General Counsel Kama Monroe, Executive Director
4180Department of Health Department of Health
41864052 Bald Cypress Way, Bin C - 65 Board of Massage Therapy
4198Tallahassee, Florida 32399 - 1703 4052 Bald Cypress Way, Bin C06
4209Tallahassee, Florida 32399 - 3257
4214N OTICE OF R IGHT T O S UBMIT E XCEPTIONS
4225All parties have the right to submit written exceptions within 15 days from
4238the date of this Recommended Order. Any exceptions to this Recommended
4249Order should be filed with the agency that will issue the Final Order in this
4264case.
- Date
- Proceedings
- PDF:
- Date: 09/08/2022
- Proceedings: (Corrected) Transcript of Proceedings (not available for viewing) filed.
- PDF:
- Date: 09/08/2022
- Proceedings: (Corrected) Transcript of Proceedings (not available for viewing) filed.
- PDF:
- Date: 08/31/2022
- Proceedings: Unopposed Motion to Redact Recommended Order and Petitioner's Proposed Recommended Order, and Motion to Remove Unredacted Recommended Order and Petitioner's Proposed Recommended Order from Docket, Pursuant to Section 456.057(9)(A), Florida Statutes filed.
- PDF:
- Date: 07/08/2022
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- PDF:
- Date: 06/16/2022
- Proceedings: Undeliverable envelope returned from the Post Office. (updated 6/17/22)
- Date: 05/02/2022
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 05/02/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 05/02/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 05/02/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/29/2022
- Proceedings: Petitioner's Second Motion in Limine: to Exclude Respondent's Exhibit(s) filed.
- Date: 04/25/2022
- Proceedings: Joint Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Motion for Confidentiality Pursuant to Section 456.057(9)(A), Florida Statutes filed.
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/25/2022
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 04/22/2022
- Proceedings: Petitioner's First Motion in Limine: to Exclude Evidence as Inadmissible Character and Reputation Evidence, as inadmissible Hearsay, and as Irrelevant and Unfairly Prejudicial filed.
- PDF:
- Date: 04/15/2022
- Proceedings: Petitioner's Notice of Disclosure of Witness and Exhibit List filed.
- PDF:
- Date: 04/08/2022
- Proceedings: Petitioner's Unopposed Motion to Amend the Administrative Complaint filed.
- PDF:
- Date: 03/25/2022
- Proceedings: Petitioner's Notice of Taking Deposition Testimony via Video Teleconference (Jessica Corley) filed.
- PDF:
- Date: 03/25/2022
- Proceedings: Petitioner's Notice of Taking Deposition Testimony via Video Teleconference (Aide Rivera Sanchez) filed.
- PDF:
- Date: 03/25/2022
- Proceedings: Petitioner's Notice of Taking Deposition Testimony via Video Teleconference (Lisa Moore) filed.
- PDF:
- Date: 03/25/2022
- Proceedings: Petitioner's Notice of Taking Deposition Testimony via Video Teleconference (William Corley) filed.
- PDF:
- Date: 03/02/2022
- Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for May 2, 2022; 9:30 a.m., Eastern Time).
- PDF:
- Date: 02/24/2022
- Proceedings: Notice of Hearing by Zoom Conference (hearing set for March 30, 2022; 9:30 a.m., Eastern Time).
Case Information
- Judge:
- YOLONDA Y. GREEN
- Date Filed:
- 02/18/2022
- Date Assignment:
- 02/18/2022
- Last Docket Entry:
- 09/12/2022
- Location:
- Jacksonville, Florida
- District:
- Northern
- Agency:
- Department of Health
- Suffix:
- PL
Counsels
-
William Daniel Corley
Apartment 205
2553 State Road A1A
Jacksonville, FL 32233 -
Collie Lynne Nolen, Esquire
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399
(850) 558-9891