DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF DENTISTRY PETITIONER, v. CASE NO. 2016-26251 GREGORY S. ROTOLE, D.D.S., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Dentistry against Respondent, Gregory S. Rotole, D.D.S. In support, Petitioner alleges: 1. Petitioner is the state department charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes. 2. At all times material to this order, Respondent was a licensed dentist having been issued License Number 14656. 3. Respondent's address of record is 6720 South Tamiami Trail, Sarasota, Florida 34231. DOH v. Gregory S. Rotole, D.D.S. 1
4. On or about June 14, 2017, Respondent entered pleas of nolo cotendere to charges of resisting an officer without violence in violation of Section 843.02, Florida Statutes, and disturbing the peace in violation of Section 877.03, Florida Statutes. 5. The charges stem from an incident on or about April 14, 2016. On that date, N.M. was swimming at the Lido Beach Hotel pool with his family when Respondent approached the fence on the west side of the pool where N.M. was sitting. 6. Respondent began yelling obscenities at N.M. through the fence. N.M. had never met Respondent before and had no idea why Respondent had approached him. Respondent also accused N.M. of ruining his marathon at the Ford Motor Company. 7. N.M. observed that Respondent became very agitated and was acting very strangely. Respondent threatened to kill N.M. Specifically, Respondent told N.M. he was going to get a gun to kill N.M. Respondent then walked towards the parking lot of the Lido Beach Hotel pool. 8. When a law enforcement officer approached Respondent after being contacted by N.M., the Officer observed Respondent talking to himself. Respondent yelled at the Officer that he was the CEO of Ford DOH v. Gregory S. Rotole, D.D.S. 2
Motor Company. When the Officer asked the Respondent what happened at the Hotel, Respondent did not answer the question, but Respondent yelled that there was a conspiracy against him perpetrated by the police and a terrorist group. 9. The Officer instructed Respondent to stop, but instead the Respondent attempted to flee. This resulted in the Officer having to subdue the Respondent with the use of a Taser. 10. Respondent failed to report either plea to the Board of Dentistry in writing within 30 days. Count One- Crime Related 11. Petitioner re-alleges paragraphs one through nine as if fully set forth within this count. 10. Respect for human safety and welfare are essential requirements to the practice and the ability to practice dentistry. 11. As Respondent's plea for disturbing the peace is the result of incident where the Respondent threatened to kill another person, Respondent's plea is related to the practice or the ability to practice dentistry. 12. Emotional stability and a grasp of reality are essential DOH v. Gregory S. Rotole, D.D.S. 3
requirements to the practice of dentistry. 13. Both Respondent's plea to disturbing the peace and resisting arrest without violence took place during an incident where Respondent was under the impression that the he was CEO of Ford Motor Company. This demonstrates a lack of emotional stability and a grasp of reality. Thus, Respondent's pleas to both offenses are related to the practice or the ability to practice dentistry. 14. Section 456.072.028(1)(c), Florida Statutes (2016), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession, is grounds for disciplinary action by the Board of Dentistry. 15. Respondent entered a plea of nolo contendere to a crime that relates to the practice or the ability to practice dentistry through one or more of the following: a) When Respondent entered a nolo contendere plea to disturbing the peace; and/or, b) When Respondent entered a nolo contendere plea to resisting an officer without violence. DOH v. Gregory S. Rotole, D.D.S. 4
16. Based on the foregoing, Respondent violated Section 466.028(1)(c), Florida Statutes. Count Two- Failure to Report 17. Petitioner re-alleges paragraphs one through four and ten as if fully set forth within this count. 18. Section 456.072(1)(x), Florida Statutes (2016-2017), subjects a licensee to discipline for failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 19. Respondent failed to report his June 14, 2017, pleas of nolo contendere to disturbing the peace and resisting an officer without violence to the Board of Dentistry in writing within 30 days. 20. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes. WHEREFORE, the Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, DOH v. Gregory S. Rotole, D.D.S. 5
placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this \ L r day of 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK DATE FILED DEPARTMENT OF HEALTH DEPUTY CLERK Angel San 2018 rs JO 1 6 M Tobey cchultz Assistant Gener ounsel Florida. Bar # 0542131 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Express Mail-2585 Merchants Row, Ste. 105 Tallahassee, Florida 32399-3265 (850)558-9896 tobey.schultz@flhealth.gov PCP: 1/12/17 Gesek, Robinson & Miro DOH v. Gregory S. Rotole, D.D.S. 6
NOTICE OF RIGHTS Respondent, has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. Gregory S. Rotole, D.D.S. 7