Leon FL Administrative law and Criminal defense Lawyers

18-002751FL AGENCY FOR PERSONS WITH DISABILITIES vs MIRACLES HOUSE, INC., AND FELICIA WHIPPLE AS OWNER AND OPERATOR OF MIRACLES HOUSE, INC., GROUP HOME (2018)

Division of Administrative Hearings, Florida Filed: May 29, 2018

The issues to be determined are whether Respondent, Miracles House, Inc. (Respondent or Miracles), as licensee of Miracles House, Inc., a group home facility, violated provisions of section 393.0673, Florida Statutes (2017), and administrative rules,1/ as alleged in the Administrative Complaint; and, if so, what is the appropriate sanction.Respondent's failure to adequately supervise a client and action taken under the Medicaid program warranted suspension of license and fine. Charges of neglect not verified by the Department of Children and Families did not constitute violations.

18-001136FL AGENCY FOR PERSONS WITH DISABILITIES vs ASPIRING AMBITIONS, LLC, OWNED AND OPERATED BY TANYA WARREN (2018)

Division of Administrative Hearings, Florida Filed: Mar. 02, 2018

Whether the Respondent’s group home license issued by the Agency for Persons with Disabilities (APD) should be revoked or otherwise disciplined on charges stated in an Administrative Complaint, APD License 5604-6GA.APD proved one of three charges. Inadequate supervision and inadequate staffing proven. Responsibility for verified abuse not proven. RO: $1,000 fine.

18-001600EXE TERRENCE JOHNSON vs AGENCY FOR PERSONS WITH DISABILITIES (2018)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2018

The issue to be determined is whether Petitioner has established rehabilitation following a disqualifying offense in order to obtain an exemption pursuant to section 435.07, Florida Statutes (2017), in order to hold a position of trust.Petitioner did not demonstrate rehabilitation by clear and convincing evidence.

18-000390EXE ARTONIA FERGUSON vs AGENCY FOR PERSONS WITH DISABILITIES (2018)

Division of Administrative Hearings, Florida Filed: Jan. 22, 2018

Whether Petitioner has shown, by clear and convincing evidence, that she is rehabilitated from her disqualifying offense; and, if so, whether the denial of her request for an exemption from disqualification from employment would constitute an abuse of discretion.Petitioner proved, by clear and convincing evidence, that she is rehabilitated from her disqualifying offense. It would be an abuse of discretion for Respondent to deny her request for exemption.

18-002137FL AGENCY FOR PERSONS WITH DISABILITIES vs CARING ANGELS, INC., RAVI KUMAR, PRESIDENT (2018)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2018

Whether the Agency for Persons with Disabilities (“APD”) should approve the application for licensure sought for the group home facility Catalina Group Home, owned and operated by Caring Angels, Inc. (“Caring Angels”).The Agency was justified in denying Respondent's application for licensure of a group home facility based upon its two misrepresentations in the affidavit section of the application.

17-006025FL FELICIA WHIPPLE, AS OWNER/OPERATOR OF MIRACLES HOUSE, INC. vs AGENCY FOR PERSONS WITH DISABILITIES (2017)

Division of Administrative Hearings, Florida Filed: Nov. 02, 2017

Whether Petitioner's Medicaid Waiver Services Agreement should be terminated with cause by Respondent Agency for Persons with Disabilities.APD met its burden and demonstrated that Petitioner's Medical Waiver Services Agreement should be terminated.

17-003921FL AGENCY FOR PERSONS WITH DISABILITIES vs SMOOTH LIVING GROUP HOME INC. (2017)

Division of Administrative Hearings, Florida Filed: Jul. 14, 2017

The issues are (1) whether the group home facility license of Smooth Living, Inc. (Smooth Living), should be revoked; and (2) whether the application of Smooth Living for a license to operate a second group home facility should be approved.Agency established that licensee violated statutes and rules and that existing license should be revoked.

17-003922FL SMOOTH LIVING GROUP HOME vs AGENCY FOR PERSONS WITH DISABILITIES (2017)

Division of Administrative Hearings, Florida Filed: Jul. 14, 2017

The issues are (1) whether the group home facility license of Smooth Living, Inc. (Smooth Living), should be revoked; and (2) whether the application of Smooth Living for a license to operate a second group home facility should be approved.Agency established that licensee violated statutes and rules and was unfit for a new license.

17-006001EXE KIMBERLY LEDBETTER vs AGENCY FOR PERSONS WITH DISABILITIES (2017)

Division of Administrative Hearings, Florida Filed: Nov. 01, 2017

Whether the Agency for Persons with Disabilities’ intended decision to deny Petitioner’s application for exemption from disqualification for a license is an abuse of the Agency’s discretion.Petitioner proved rehabilitation by clear and convincing evidence and APD's intended decision to deny the exemption from disqualification was an abuse of discretion. The Agency should grant Petitioner an exemption from disqualification to hold a position.

15-007356 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs SOLER AND SON ROOFING (2015)

Division of Administrative Hearings, Florida Filed: Dec. 30, 2015

The issues are whether, under section 440.107, Florida Statutes, Petitioner may calculate a penalty assessment for a failure to secure the payment of workers' compensation for one day as though the failure persisted over two years and whether Petitioner may calculate a penalty assessment based on double the statewide average weekly wage (AWW) when the lone uncovered employee earned $10 per hour.For calculation of penalty assessment, DFS proved that one employee earning $10/hr was uncovered for one day for penalty of $1000 statutory minimum. DFS's interpretation of rule extending period of noncompliance 2 yrs rendered rule invalid in this case.

Trevor S Suter