STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PAUL ROSBURY, as Executive Director ) of Guides for Christ, Inc., d/b/a ) Life Centers for America, )

)

Petitioner, )

)

vs. ) Case No. 96-4300

) DEPARTMENT OF CHILDREN AND FAMILIES, )

f/k/a Department of Health and ) Rehabilitative Services, )

)

Respondent. )

)

RECOMMENDED ORDER

A formal hearing was held by the Division of Administrative Hearings before Administrative Law Judge, Daniel M. Kilbride, on January 14, 1997, in Melbourne, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Paul Rosbury, pro se

Executive Director

Life Centers for America Post Office Box 361491

Melbourne, Florida 32936-1491

For Respondent: James Sawyer, Esquire

District 7 Legal Counsel Department Children and Families

400 West Robinson Street, Suite S827 Orlando, Florida 32801

STATEMENT OF THE ISSUE

Whether the Petitioner is an established and legally cognizable nonprofit religious organization exempt from the licensing provisions of Section 397.401, Florida Statutes (1995), relating to substance abuse service providers.

PRELIMINARY STATEMENT

This proceeding is the result of Petitioner's request for an exemption from the licensing provisions of Chapter 397, Part II, Florida Statutes (1995). The request was denied by the Respondent's Alcohol, Drug Abuse and Mental Health Program Office, by letter dated June 20, 1996. Thereafter, Petitioner requested an formal hearing before the Division. The Petitioner is seeking an exemption so that his agency may operate a substance abuse treatment facility without first being licensed by the Respondent.

At the hearing Petitioner testified in his own behalf and offered two exhibits in evidence, a book entitled: Be the Best You Can Be, a 90 day Bible study course, and a list of spiritual workshops offered by Petitioner. Respondent offered no witnesses but offered in evidence a copy of Petitioner's application with attachments as its sole exhibit in evidence.

The transcript of the hearing was prepared and filed on January 28, 1997. Petitioner did not file a proposed recommended order as of the date of this order. Respondent filed its proposed findings of fact and conclusions of law on February 7, 1997.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACT

1. Petitioner is the Executive Director of Guides for Christ, Inc., which seeks to operate Life Centers for America as a religious based, not-for-profit substance abuse treatment facility.

   
   

2. Respondent is the state agency charged with the responsibility to license and regulate substance abuse service providers operating in the State of Florida.

   
   

3. The proposed program, named Alcohol and Drug Addiction Programmed Treatment (ADAPT), is a one-year program. Phase I is an intense four week addiction treatment program. Phase II is an eight week transition program leading toward self- sufficiency. Phase III is a nine month extended treatment program.

4. Some of the elements of the program include Bible study, personal and group prayer, counseling by mental health and pastoral counselors, a 12 Step Program and career development. The purpose of the substance abuse treatment is to operate it as an element of a program of religious evangelism.

   
   

5. In addition to its other elements, the ADAPT program includes the administration of chiropractic, acupuncture and nutrition therapy by licensed professionals to its clients.

   
   

6. Petitioner's program uses chiropractic methods, including a technique known as "torque release", which involves the striking of the spine with an instrument in order to induce the release of dopamines.

   
   

7. The use of chiropractic, acupuncture and nutrition therapy as a part of a substance abuse treatment program are not exclusively religious, spiritual or ecclesiastical in nature.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding, and the parties thereto, pursuant to subsection 120.57(1), Florida Statutes.

   
   

9. Under subsection 397.401(1), Florida Statutes (1995), it is unlawful for any person to act as a substance abuse service provider unless licensed or exempt from licensure under this statute.

   
   

10. The requirements for a religious exemption from the licensure requirement are set forth in subsection 397.405(8), Florida Statutes (1995), which states as follows:

    
    

    An established and legally cognizable church or nonprofit religious organization, denomination, or sect providing substance abuse services, including prevention services, which are exclusively religious, spiritual, or ecclesiastical in nature. A church or nonprofit religious organization, denomination, or sect providing any of licensable service components itemized under

    s. 397.311(9) is not exempt for purposes of its provision of such licensable service components but retains its exemption with

    respect to all services which are exclusively religious, spiritual, or ecclesiastical in nature.

    
    

11. The religious exemption is not based on the quality or effectiveness of the proposed services or by the religious sincerity or motivation by those providing the services, but is determined, for a qualified organization, exclusively by the nature of the services provided.

    
    

12. Petitioner's organization is an organization qualified to receive a religious exemption for services which meet the requirements of the statute.

    
    

13. Petitioner's organization is not entitled to a religious exemption under the statute for substance abuse service providers because a regular part of the programs treatment includes chiropractic, acupuncture and nutrition therapy which is not exclusively religious, spiritual, or ecclesiastical in nature.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is

RECOMMENDED that Petitioner's request for religious exemption from licensure as a substance abuse service provider be DENIED.

DONE AND ENTERED this 10th day of March, 1997, in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 10th day of March, 1997.

COPIES FURNISHED:

James Sawyer, Esquire

Department of Children and Families

400 West Robinson Street, Suite S827 Orlando, Florida 32801

Paul Rosbury, Executive Director Life Centers for America

Post Office Box 361491 Melbourne, Florida 32936-1491

Gregory D. Venz, Agency Clerk Department of Children and Families 1317 Winewood Boulevard, Room 204

Tallahassee, Florida 32399-0700

Richard Doran, General Counsel Department of Children and Families 1317 Winewood Boulevard, Room 204

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 96-004300

Orders for Case No: 96-004300