Final Order No.

DOH-16-2010- •5 -MQA
FILED DATE - q 11,011
Department of Health

STATE OF FLORIDA By: 0)

BOARD OF MASSAGE THERAPY Deputy • gency Clerk

DEPARTMENT OF HEALTH,

Petitioner,

vs. Case No.: 2014-17672

License No.: MA 14343

THOMAS G. GRASSO,

Respondent.

FINAL ORDER

THIS CAUSE came before the BOARD OF MASSAGE THERAPY (Board)

pursuant to Sections 120.569 and 120 . 57 (4) , Florida Statutes, on July

28, 2016, in St. Petersburg, Florida, for the purpose of considering

a settlement agreement (attached hereto as Exhibit A) entered into

between the parties in this cause. Upon consideration of the

settlement agreement, the documents submitted in support thereof, the

arguments of the parties, and being otherwise fully advised in the

premises, it is hereby
ORDERED AND ADJUDGED that the settlement agreement as submitted

be and is hereby approved and adopted in toto and incorporated herein

by reference. The costs are $278.80. Accordingly, the parties

shall adhere to and abide by all the terms and conditions of the

settlement agreement.
This Final Order shall take effect upon being filed with the

Clerk of the Department of Health.

 DONE AND ORDERED this day o

2016.

BOARD OF MASSAGE THERAPY

KAMA MONROE
Executive Director for
Lydia Nixon, Chair

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing

Final Order has been provided by U.S. Mail to THOMAS G. GRASSO, 4975

Fay Blvd. , Cocoa, FL 32927; and by e-mail to Lee Ann Gustafson, Senior

Assistant Attorney General, LeeAnn.Gustafson@myflorida.com and

Department of Health-PSU Cecilie.Sykes@flhealth.gov , on this

0‘41‘ day o , 2016.

Deputy Agency Clerk

2
Case No. 2014-17672
872

STATE OF FLORIDA
BOARD OF MASSAGE THERAPY

DEPARTMENT OF HEALTH,

Petitioner,

v. CASE NO. 2014-17672

THOM..AS GRASSO, LMT,

Respondent.

ETT EMENT fiGREEMENT

Thomas Grasso, LMT, referred to as the "Respondent", and the

Department of Health, referred to as "Department", stipulate and agree to

the following Settlement Agreement and to the entry of a Final Order of the

Board of Massage Therapy, referred to as "Board", incorporating the

Stipulated Facts and Stipulated Disposition in this matter.

Petitioner is a state agency charged with regulating the practice of

massage therapy pursuant to Section 20.43, Florida Statutes, and Chapters

456 and 480, Florida Statutes.

S ULATEDJ.FACTS
L At all times material hereto, Respondent was a licensed

massage therapist in the State of Florida, having been issued license

number MA 14343 on or about January 29, 1993.

873

2. The Department charged Respondent with an Administrative

Complaint that was filed and properly served upon Respondent with

violations of Chapter 455, Chapter 456, Florida Statutes, or Chapter 480,

Florida Statutes, and the rules adopted pursuant thereto. A true and correct

copy of the Administrative Complaint is attached hereto as Exhibit A.

3. Respondent neither admits nor denies the allegations of fact

contained in the Administrative Complaint for purposes of these proceedings

only.

1. Respondent admits that, in his/her capacity as a licensed massage

therapist, he/she is subject to the provisions of Chapters 456 and 480, Florida

Statutes; the Rules of the Board of Massage Therapy at 6487, Florida

Administrative Code; the jurisdiction of the Department and the Board; and

prior to 2000, Chapter 455, Florida Statutes.

2. Respondent admits that the facts alleged in the Administrative

Complaint, if proven, would constitute violations of Chapter 455, Florida

Statues, Chapter 456, Florida Statutes, or Chapter 480, Florida Statutes, as

alleged in the Administrative Complaint.

3. Respondent agrees that the Stipulated Disposition in this case is

fair, appropriate and acceptable to Respondent.

DOH v. Thomas Grasso, LMT

Case No.: 2014-17672 Page 2 of 8
Settlement Agreement
874

gLIMLIMalgSYDREIDN
tl The Board of Massage Therapy shall issue

Respondent a letter of concern.

2. Fine - The Board of Massage Therapy shall impose an

administrative fine of one thousand doilarSarid zero cep (3: oo.00

against the Respondent, to be paid by Respondent to the Department of

Health, Compliance Management Unit, Bin C-76, Post Office Box 6320,

Tallahassee, Florida 32314-6320, Attention: Board of Massage Therapy

Compliance Officer, within, ninety (90) days from the date of filing of the

Final Order accepting this Agreement. All fines shall be paid by check or

money order. Put the case number on any check or money order so that

the money may be credited to the proper case. The Board office does not

have the authority to change the terms of payment of any fine imposed by

the Board.

RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT

OF THE FINE IS HIS/HER LEGAL OBLIGATION AND

RESPONSIBILITY AND RESPONDENT AGREES TO CEASE

PRACTICING MASSAGE THERAPY IF THE FINE IS NOT PAID AS

AGREED TO IN THIS SETTLEMENT AGREEMENT.

DOH v. Thomas Grasso, LMT

Case No.: 2014-17672 Page 3 of
Settlement Agreement
875

3. Reiminersegign costs - Pursuant to Section 456.072, Florida

Statutes, Respondent agrees to pay the Department for any and all costs

incurred in the investigation and prosecution of this case. Such costs exclude

the costs of obtaining supervision or monitoring of the practice, the cost of

quality assurance reviews, and the Board's administrative cost directly

associated with Respondent's probation, if any. The current estimate of the

Department's costs in this case is e d

btit this a ount may increase prior to

Respondent will pay costs to the Department of Health, Compliance

Management Unit, Bin C76, P.O. Box 6320, Tallahassee, Florida 32314-6320,

Attention: Board of Massage Therapy Compliance Officer, within ninety (90)

days from the date of filing of the Final Order in this cause. Any post-Board

costs, such as the costs associated with probation, are not included in this

Settlement Agreement.

RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT

OF THE COSTS. IS HIS/HER LEGAL OBLIGATION AND

RESPONSIBILITY AND RESPONDENT AGREES TO CEASE

PRACTICING MASSAGE IF THE COSTS ARE NOT PAID AS AGREED

TO IN THIS CONSENT AGREEMENT.

DOH v. Thomas Grasso, LMT

Case No.: 2014-17672 Page 4 of 8
Settlement Agreement
876

4. Ccintinuing .,Etittotion — Respondent will enroll in and

successfully complete 10 hours of continuing education in laws and rules.

This shall be in addition to other normally required continuing education

courses. Verification of course content and course completion must be

submitted to the Massage Therapy Compliance Officer within six (6) months

from the date of filing of the Final Order accepting this Agreement.

Correspondence will be made to: the Department of Health, Compliance

Management Unit, Bin C76, P.O. Box 6320, Tallahassee, Florida 32314-6320,

Attention: Board of Massage Therapy Compliance Officer.

1. Appearance - Respondent is required to appear before the

Board at the meeting of the Board where this Settlement Agreement is

considered, unless notified otherwise.

2. No forcer effect until final order - It is expressly

understood that this Settlement Agreement is subject to the approval of the

Board and the Department. In this regard, the foregoing paragraphs (and

only the foregoing paragraphs) shall have no force and effect unless the

Board enters a Final Order incorporating the terms of this Settlement

Agreement.

3. Addresses - Respondent must keep current residence and

establishment addresses on file with the Board. Respondent shall notify the

DOH v. Thomas Grasso, LMT

Case No.: 2014-17672 Page 5 of 8
Settlement Agreement
877

Board within ten (10) days of any changes of said addresses.

4. FuturgCgLita
id - In the future, Respondent shall not violate
Chapter 456, 480 or 893, Florida Statutes, or the rules promulgated pursuant

thereto, or any other state or federal law, rule, or regulation relating to the

practice of massage therapy or the ability to operate a massage

establishment. Prior to signing this Settlement Agreement, the Respondent

shall read Chapters 456, 480, Florida Statutes, and the Rules of the Board of

Massage Therapy at Chapter 64871 Florida Administrative Code.

5. ViggOon of teryno consi4 It is expressly understood

that a violation of the terms of this Settlement Agreement shall be considered

a violation of a Final Order of the Board, for which disciplinary action may

be initiated pursuant to Chapters 456 and 480, Florida Statutes.

6. Purpose of Agreement - Respondent, for the purpose of

avoiding further administrative action with respect to this cause, executes

this Settlement Agreement. In this regard, Respondent authorizes the Board

to review and examine all investigative file materials concerning Respondent

prior to or in conjunction with consideration of the Settlement Agreement.

Respondent agrees to support this Settlement Agreement at the time it is

presented to the Board and shall offer no evidence, testimony or argument

that disputes or contravenes any stipulated fact or conclusion of law.

Furthermore, should this Settlement Agreement not be accepted by the

DOH v. Thomas Grasso, LMT

Case No.: 2014-17672 Page 6 of 8
Settlement Agreement
878

Board, it is agreed that presentation to and consideration of this Agreement

and other documents and matters by the Board shall not unfairly or illegally

prejudice the Board or any of its members from further participation,

consideration or resolution of these proceedings.

7. No_predusiorfotadditionai proceedirms Respondent and

the Department fully understand that this Settlement Agreement and

subsequent Final Order incorporating same will in no way preclude additional

proceedings by the Board and/or the Department against Respondent for

acts or omissions not specifically set forth in the Administrative Complaint

attached as Exhibit A.

8. aive.f ., an - - Upon the Board's

adoption of this Settlement Agreement, the parties hereby agree that, with

the exception of costs noted above, the parties will bear their own attorney's

fees and costs resulting from prosecution or defense of this matter.

Respondent waives the right to seek any attorney's fees or costs from the

Department and the Board in connection with this matter under Florida

Statutes, Chapters 57, 120, 456, and 480, or on any other basis.

9. Waiver of further procedural steps - Upon the Board's

adoption of this Settlement Agreement, Respondent expressly waives all

further procedural steps and expressly waives all rights to seek judicial

review of or to otherwise challenge or contest the validity of the Settlement

DOH v. Thomas Grasso, LMT

Case No.: 2014-17672 Page 7 of 8
Settlement Agreement
879

Agreement and the Final Order of the Board incorporating said Settlement

Agreement.

SIGNED this "rtk day of 3-uwe. / 2016.

omas Grasso, LMT

STATE OF FLORIDA
COUNTY OF. 8re_vos
Before me personally appeared 7-1111-p,k 6rctsso whose
identity is known to me by P rsoruvally LuGoiti (type of
identification), and who, under oath, acknowledges that their signature
appears above. Sworn to or affirmed before me this et 4- day of
2016. I

014-Z4 EUDIBERISCHOONMAKER
MY COMMISSION t FF011050
EXPIRES: January 18,2018
Yt‘-1\ 14-etv-aq-o-INP\ Liondedlliru BudgatNelty Swims

Notary Public My Commission Expires

APPROVED this 111{A- day of r 2016.

Celeste Philip, MD, MPH
Interim State Surge General

0 ni
Assistant G al Counsel
DOH Pros ution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar#0099413
(850) 245-4444 ext. 8178
(850) 245-4684 fax
DOH v. Thomas Grasso, LMT
Case No.: 2014-17672 Page 8 of 8
Settlement Agreement
880

STATE OF FLORIDA
BOARD OF MASSAGE THERAPY

DEPARTMENT OF HEALTH,

PETITIONER,

CASE 0.2014-17672

THOMAS G. GRASSO, LMT,

RESPONDENT.

COMES NOW, Petitioner, Department of Health, by and through

its undersigned counsel, and files this Administrative Complaint before

the Board of Massage Therapy against Respondent, Thomas G. Grasso,

LMT, and in support thereof alleges:

1. Petitioner is the state agency charged with regulating the

practice of massage therapy pursuant to Section 20.43, Florida

Statutes; Chapter 456, Florida Statutes; Chapter 480, Florida

Statutes; and prior to 2000, Chapter 455, Florida Statutes.

2. At all times material to this Complaint, Respondent was a

licensed massage therapist (LMT) within the state of Florida, having

been issued license number MA 14343 on or about January 29, 1993.

881

3. Respondent's address of record is 4975 Fay Boulevard,

Cocoa, Florida 32927. However, an additional address for Respondent

is 121 South Park Avenue, Titusville, Florida 32796.

4. On or about July 26, 1999, Respondent pled nolo

contendere to one count of Driving Under the Influence (DUI) in the

County Court of the Eighteenth Judicial Circuit, in an for Brevard

County, Florida in Case Number 99-20962-MMA.

5. Respondent failed to report this plea to the Board, in

writing, by October 1, 1999.

6. On or about October 16, 2009, Respondent pled nolo

contendere to and was adjudicated guilty of 1) DUI, Second Offense

2) Driving While License Suspended (DWLS) and 3) Refusing to Give

Breath, Urine, or Blood Test (Refusing Testing) in the County Court of

the Eighteenth Judicial Circuit, in and for Brevard County, Florida In

Case Number 05-2009-MM-022227-A>00(.

7. Respondent failed to report these pleas to the Board, in

writing, within 30 days.

DOH v. Thomas G. Grasso, LMT 2

Case No. 2014-17672
882

COUNT I

8. Petitioner realleges and incorporates paragraphs one (1)

through five (5) as if fully set forth herein.

9. Section 480.046(1)(k), Florida Statutes (1999), provides, in

relevant part, that violating any provision of this chapter or a rule of

the board or department, constitutes grounds for which disciplinary

action may be taken by the Board of. Massage Therapy.

10. Section 455.624(1)(w), Florida Statutes (1999), subjects a

massage therapist to discipline for failing to report to the 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. Convictions, findings,

adjudications, and pleas entered into prior to the enactment of this

paragraph must be reported in writing to the board, or department if

there is no board, on or before October 1, 1999.

11. Respondent pled nolo contendere to DUI on or about July

26, 1999 and failed to timely report this to the Board, in writing, by

October 1, 1999.

DOH v. Thomas G. Grasso, LMT 3

Case No, Z014-17672
883

12. Based on the foregoing, Respondent has violated Section

480.046(1)(k), Florida Statutes (1999), through a violation of Section

455.624(1)(w), Florida Statutes (1999).

13. Petitioner realleges and incorporates paragraphs one (1)

through three (3) and six (6) through seven (7) as if fully set forth

herein.

14. Section 480.046(1)(o), Florida Statutes (2009), provides

that violating any provision of chapter 480 or 456, or any rules adopted

pursuant thereto, constitutes grounds for whiCh disciplinary action may

be taken by the Board of Massage Therapy.

15. Section 456.072(1)(x), Florida Statutes (2009), subjects a

massage therapist to discipline for failing to report to the 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.

16: Respondent pled nolo contendere to 1) DUI, Second

Offense 2) DWLS and 3) Refusing Testing on or about October 16,

2009 and failed to timely report these criminal pleas to the Board, In

DOH v. Thomas G. Grasso, LMT 4

Case No. 2014-17672
884

writing, within 30 days.

17. Based on the foregoing, Respondent has violated Section

480.046(1)(o), Florida Statutes (2009), through a violation of Section

456.072(1)(x), Florida Statutes (2009).

WHEREFORE, the Petitioner respectfully requests that the

Board of Massage Therapy 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, refund of fees billed or collected, remedial

education and/or any other relief that the Board deems appropriate.

SIGNED this IML day of iNtAiDtki 2016:

Celeste Philip, MD, MPH
Interim State Surgeon General

0
AsSistant Veal Counsel
DOH ,PrOse(LOn Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar # 0099413
(850) 245-4444 ext, 8178
(850) 245-4684 FAX

DOH v. Thomas G. Grasso, LMT

Case No. 2.014-17672
885

FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
CLERK:
PCP: 5/12/16
PCP Members: Ms. Phillips and Mr. Brooks DATE:

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.

DOH v. Thomas G. Grasso, LMT 6

Case No, 2014-17672