DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NOS. 2018-24382 2017-21659 JODI LYNN LEVINS, R.N., A.P.R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Jodi Lynn Levins, R.N., A.P.R.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a registered nurse and an advanced practice registered
nurse within the state of Florida, having been issued license number RN and APRN 9258228. 3. Respondent's address of record is 737 Waterbridge Road, Winter Haven, Florida 33880. 4. On or about January 15, 2019, in the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, Respondent entered pleas of nolo contendere to, and was adjudicated guilty of, the following: a. Eight counts of Obtaining a Controlled Substance by Fraud, thirddegree felonies in violation of Section 893.13, Florida Statutes (2018); and/or b. Seven counts of Criminal Use of Personal Identification Information, third-degree felonies in violation of Section 817.568, Florida Statutes (2018). COUNT ONE 5. Petitioner reaileges and incorporates paragraphs one through four herein. 6. Section 464.018(1)(e), Florida Statutes (2018), provides that having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or 2
similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s. 741.28, constitutes grounds for disciplinary action. 7. Section 435.04(2)(ss), Florida Statutes (2018), prohibits violations of Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. 8. Respondent entered a plea of guilty to an offense prohibited under s. 435.04 when, on January 15, 2019, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, Respondent entered a plea of nolo contendere to, and was adjudicated guilty of, eight counts of Obtaining a Controlled Substance by Fraud, third-degree felonies in violation of Section 893.13, Florida Statutes (2018). 9. Based on the foregoing, Respondent violated Section 464.018(1)(e), Florida Statutes (2018), by having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s. 741.28.
COUNT TWO 10. Petitioner realleges and incorporates paragraphs one through four herein. 11. Section 464.018(1)(d)3, Florida Statutes (2018), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a violation of chapter 817 relating to fraudulent practices constitutes grounds for disciplinary action. 12. Respondent entered a plea of guilty to a violation of chapter 817 when, on January 15, 2019, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, Respondent entered a plea of nolo contendere to, and was adjudicated guilty of, seven counts of Criminal Use of Personal Identification Information, third-degree felonies in violation of Section 817.568, Florida Statutes (2018). 13. Based on the foregoing, Respondent violated Section 464.018(1)(d)3, Florida Statutes (2018), by being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a violation of chapter 817 relating to fraudulent practices. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: 4
permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, 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 21st day of March 2019. ni Arun/ L. Pre4cott Ann L. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0092974 (850) 558 5886 Telephone (850) 245 4662 Facsimile Email: Ann.Prescott@flhealth.gov /ALP PCP: 3/21/19 PCP Members: Habgood (chair) & Baumwald PILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: 61\1.0 1 9amix.A.4,..- DATE: AR 2 1 2019 5
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. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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.