DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2015-24174 HOSEA Z. COBB, C.N.A., 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, Hosea. Z. Cobb, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing assistance pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 4641 Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a certified nursing assistant (C.N.A.) within the state of Florida, having been issued certificate number CNA 284889.
3. Respondent's address of record is 3419 Henry Street, Melbourne, Florida 32901. 4. Respondent is currently located at Reception and Medical Center, P.O. Box 628, Hwy. 231, Lake Butler, Florida 32054-0628. 5. On or about December 7, 2017, in the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, Respondent entered a plea of nolo contendere to and was adjudicated guilty of one count of burglary of a structure, armed, a first-degree felony in violation of section 810.02(2)(b), Florida Statutes; one count of possession of a firearm or ammunition by a Florida delinquent, a second-degree felony in violation of section 790.23(1)(b), Florida Statutes; and fifteen counts of grand theft of a firearm, a third-degree felony, in violation of section 812.014(2)(c)(5), Florida Statutes. COUNT ONE 6. Petitioner realleges and incorporates paragraphs one through five as if set forth herein. 7. Section 464.204(1)(b), Florida Statutes (2017), provides that intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board, constitutes grounds for discipline.
8. Section 464.018(1)(e), Florida Statutes, 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 similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s. 741.28, constitutes grounds for discipline. 9. Section 435.04(2)(z), Florida Statutes (2017)1 prohibits violations of section 810.02, relating to burglary. 10. On or about December 7, 2017, in the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, Respondent entered a plea of nolo contendere to and was adjudicated guilty of one count of burglary of a structure, armed, a first-degree felony in violation of section 810.02(2)(b), Florida Statutes. 11. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2017), by intentionally violating Section 464.018(1)(e), Florida Statutes (2017), 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 3
jurisdiction; or having committed an act which constitutes domestic violence as defined in s. 741.28. COUNT TWO 12. Petitioner realleges and incorporates paragraphs one through five as if set forth herein. 13. Section 464.204(1)(b), Florida Statutes (2017), provides that intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board, constitutes grounds for discipline. 14. Section 464.018(1)(d)2, Florida Statutes (2017), provides that being found guilty, regardless of adjudication, of a violation of chapter 812, relating to theft, robbery, and related crimes, constitutes grounds for discipline. 15. On or about December 7, 2017, in the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, Respondent entered a plea of nolo contendere to and was adjudicated guilty of fifteen counts of grand theft of a firearm, a third-degree felony, in violation of section 812.014(2)(c)(5), Florida Statutes. 16. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2017), by intentionally violating Section 4
464.018(1)(d)2, Florida Statutes (2017), being found guilty, regardless of adjudication, of a violation of chapter 812, relating to theft, robbery, and related crimes. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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, 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. [Signature page follows.]
SIGNED this 27th day of June, 2018. Celeste Philip, MD, MPH State Surgeon General and Secretary Is/ Judson Searcy FL Bar# 98772 for 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 9886 Telephone (850) 245-4662 Facsimile Email: Ann.Prescott@flhealth.gov /ALP PCP: 6/26/18 PCP Members: Trybulski (chair) & Baumwald CLERK: DATE: FILED DEPARTMENT OF HEALTH DEPUTY CLERK *noel Saysigrs,UN 2 7 -am 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. 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. 7