TIE OD STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES AMBER SATTERWHITE, pd 02 GV ES Piet Petitioner, pe, vs. Case Nos. 02-1238; 02-1241 RENDITION NO. DCF-02-- 284 -FO DEPARTMENT OF CHILDREN AND FAMILY SERVICES, F | L E D Vem -CLOS Respondent. NOV4 2 2002 FINAL onDER Departmer+ Clerk THIS CAUSE is before me as the result of a Recommended Order (RO) that was issued by an Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings, to hear this case. The Petitioner filed a letter containing Proposed Findings of Fact. The Respondent did not file a Proposed Recommended Order, but did file exceptions to the ALJ's RO. Transcript of the hearing was filed with the Agency Clerk on July 12, 2002. Upon review of the entire record, | cannot agree with the ALJ’s statement of the issue as being whether the Petitioner is entitled to services on account of her disability. This was not an issue in dispute. Instead, the issue is whether or not the Department has general revenue funds available to pay the providers of the services that have been requested by the Petitioner. As such, the ALJ’s statement of the issue is hereby rejected and substituted by Respondent's Exception number one, which is hereby accepted, adopted and incorporated herein. The ALJ’s RO concludes that the Respondent showed lack of funds and no priority under Medicaid funded waiver program, but failed to show the same under general revenue funded program. In reaching this conclusion, the ALJ made a finding of fact in paragraph 19 that the Spending Plan, Crisis Identification Tool, and Legislative proviso language do not address the general revenue funded program. | accept, adopt and incorporate herein, the ALJ’s findings of fact in paragraphs one through 18. However, upon review of the complete record, the ALJ's finding of fact in paragraph 19 is not supported by competent substantial evidence from which even such an inference can be drawn, and is thus, hereby rejected and substituted by the Respondent's Exceptions number two and three, which are hereby accepted, adopted and incorporated herein. In summary, these Exceptions establish that the Department's Spending Plan applies to, and prohibits, the use of general revenue funds to serve individuals such as the Petitioner, who are on the waiting list for enrollment in the Medicaid Waiver Program. | accept, adopt and incorporate herein, the ALJ’s conclusions of law in paragraphs 20 through 25, except the last sentence in paragraph 25, which is hereby rejected for the reasons as stated in Respondent's Exceptions number two and three. Also, for the reasons as stated within the Respondent's excepticns two and three, the ALJ’s recommendation that the Department grant the Petitioner's application for covered developmental services is rejected. Accordingly, the Respondent's Exception number four is accepted, adopted and incorporated herein. . And the undersigned being otherwise duly advised, it is hereby ORDERED that the Petitioner shall remain on the Medicaid Waiver Program waiting list arid the request that the applied for services be paid for from general revenue sources is hereby DENIED. DONE and ORDERED on this “aay of } Nie , 2002 in Tallahassee, Leon County, Florida. cy D. 1\Weputy Secretary epartmant of Children and Family Services Copies of this Final Order are being furnished to: Copies of this Final Order are being furnished to: ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Reverend Ronald Satterwhite Qualified Representative 8260 Northwest 172nd Street Hialeah, Florida 33015 Hilda Fluriach District 11 Legal Counsel Department of Children and Family Services 401 Northwest Second Avenue Suite N-1020 Miami, Florida 33128 Cc HT TO APPEAL A party who is adversely affected by this final order is entitled to judicial review. To initiate judicial review, the party seeking it must file one copy of a “Notice of Appeal” with the Agency Clerk. The party seeking judicial review must also file another copy of the “Notice of Appeal,” accompanied by the filing fee required by law, with the First District Court of Appeal in Tallahassee, Florida, or with the District Court of Appeal in the district where the party resides. The Notices must be filed within thirty (30) days of the rendition of this final order.’ CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U.S. Mail or hand delivery to each of the persons named above on this 1a” day of An-erF>., 2002. PAUL FLOUNLACKER, Acting Agency Clerk Department of Children and Family Services 1317 Winewood Blvd. Bldg. 2 Room 204 Tallahassee, FL 32399-0700 The date of the “rendition” of this Final Order is the date that is stamped on its first page. The Notices of Appeal must be received on or before the thirtieth day after that date.

Docket for Case No: 02-001241

Orders for Case No: 02-001241