Petitioner: AGENCY FOR PERSONS WITH DISABILITIES
Respondent: ROSE OF TARA GROUP HOME, OWNED AND OPERATED BY FLORIDA MENTOR
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Persons with Disabilities
Locations: Lakeland, Florida
Filed: Apr. 25, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 2, 2016.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AGENCY FOR PERSONS
WITH DISABILITIES,
Petitioner,
Vv. License Number: 7G394A
Rose of Tara Group Home, Owned and ?O02 2410 OOOb 4982 0353
Operated by Florida Mentor,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The AGENCY FOR PERSONS WITH DISABILITIES, (‘“Petitioner,” “Agency”, Or
“APD’), issues this Administrative Complaint against Rose of Tara Group Home,
owned and operated by Florida Mentor, (“Respondent”), and states the following
as the basis for this complaint:
As Petitioner is the state agency charged with regulating the licensing and
operation of foster care facilities, group home facilities, and residential
habilitation centers, pursuant to § 20.197 and § 393, Fla. Stat. (2015).
2. At all times material to this complaint, Respondent has held a group home
facility license issued by the Agency for the following address: 4639 Rose
of Tara Way, Orlando, Florida 32808. The Respondent also has
contracted with APD to provide the residents with Medicaid Waiver
developmental disability services.
3. Fla. Stat. § 393.0673 (2015), sets forth the Agency’s authority for denial,
suspension, or revocation of license; moratorium on admissions; and
administrative fines. Fla. Stat. § 393.0673(1) (2015), provides that the
Agency may revoke a license if the licensee has failed to comply with the
applicable requirements of this chapter or rules applicable to the licensee.
4. Fla. Admin. Code R. 65G-2.0041(4)(a)2 (2014) provides that Class |
violations may be penalized by a moratorium on admissions, by the
suspension, denial or revocation of a license, by the nonrenewal of
licensure, or by a fine of up to $1,000 dollars per day per violation.
5. Pursuant to Fla. Admin. Code R. 65G-2.0041(4)(a), [c]lass | statutory or rule
violations are violations that cause or pose an immediate threat of death or
10.
serious harm to the health, safety or welfare of a resident and which require
immediate correction.”
Fla. Admin. Code R. 65G-2.009(1)(d), provides in pertinent part, as follows:
(d) The facility shall adhere to and protect resident rights and freedoms in
accordance with the Bill of Rights of Persons with Developmental
Disabilities, as provided in § 393.13, Fla. Stat. (2015). Violations of §
393.13(3)(a), Fla. Stat. (2015) relating to humane care, abuse, sexual
abuse, neglect, or exploitation and all violations of § 393.13(3)(g), Fla. Stat.
(2015), shall constitute a Class | violation. All other violations of Section
393.13(3), Fla. Stat. (2015), shall constitute Class III violations. All violations
of §§ 393.13(4)(c)1.- 2., (f)-(g), Fla. Stat. (2015), shall constitute Class |
violations. All violations of § 393.13(4)(h), Fla. Stat. (2015) shall constitute
Class II violations. All other violations of § 393.13(4), Fla. Stat. (2015), shall
constitute Class III violations.
Fla. Stat. § 393.13(3)(a) (2015), states that “[p]ersons with developmental
disabilities shall have a right to dignity, privacy, and humane care, including
the right to be free from abuse, including sexual abuse, neglect, and
exploitation.
Fla. Stat. § 393.13(3)(g) (2015), states “[p]ersons with developmental
disabilities shall have a right to be free from harm, including unnecessary
physical, chemical, or mechanical restraint, isolation, excessive medication,
abuse, or neglect.”
Pursuant to Fla. Admin. Code R. 65G-2.0041(1)(d)-(e), “[iJn determining
whether to pursue disciplinary action in response to verified findings by the
Department of Children and families of abuse, neglect, or exploitation
involving the licensee or direct service providers rendering services on
behalf of the licensee, the Agency will consider the licensee’s corrective
action plan and other actions taken to safeguard the health, safety, and
welfare of residents upon discovery of the violation. Considerations shall
include the following: Whether the licensee took immediate and appropriate
actions necessary to safeguard the health, safety, and welfare of residents
during and after any investigations. Whether the occurrence is a repeat
violation and the nature of such violation.”
Pursuant to Fla. Admin. Code R. 65G-2.0041(2)(a)-(c) (2014), “[t]he Agency
shall consider the following factors when determining the sanctions for a
violation: The gravity of the violation, including whether the incident involved
the abuse, neglect, exploitation, abandonment, death, or serious physical
or mental injury of a resident, whether death or serious physical or mental
injury could have resulted from the violation, and whether the violation has
resulted in permanent or irrevocable injuries, damage to property, or loss of
WHEREFORE, based on the aforementioned violations of rules and laws
applicable to the licensee as described above, Petitioner respectfully requests
revocation of the group home license held by Rose of Tara Group Home, owned
and operated by Florida Mentor, in accordance with § 393.0673 (1), Fla. Stat.
(2015).
Dated:
March 24, 2016
Attachments:
Explanation of Rights
Election of Rights Form
Copies furnished to:
Sonia Bermudez
Florida Mentor
5035 Edgewater Drive
Orlando, FL 32801
ead ell A
Senior Attorney
Office of the General Counsel
Agency for Persons with Disabilities
200 N. Kentucky Ave., Ste. 422
Lakeland, FL 33801
Clarence Lewis
Regional Operations Manager
APD Central Region
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of this Administrative Complaint was sent to the
above named individuals by U.S. Mail, facsimile, or electronic mail, this OAD
day of wrath 20l0.
Jeannette Estes
Senior Attorney
Office of the General Counsel
200 N. Kentucky Ave., Ste. 422
Lakeland, FL 33801
STATE OF FLORIDA
AGENCY FOR PERSONS WITH DISABILITIES
EXPLANATION OF RIGHTS FOR ADMINISTRATIVE COMPLAINT
The enclosed Administrative Complaint charges you with violating one or more
provisions of Chapter 393, Florida Statutes, or the rules supplementing that
Chapter. If you have questions regarding your response or best course of action,
you may wish to seek the advice of legal counsel.
Your receipt of this Administrative Complaint packet constitutes service upon
you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows:
You may elect to dispute the violations and alleged material facts in the
Complaint and request a formal hearing with the Division of Administrative
Hearings before an Administrative Law Judge, which is an administrative “trial”.
You and the Agency may present evidence and witnesses to prove or disprove
the facts alleged and submit a written proposed recommended order after the
hearing for the Judge’s consideration. Based on the evidence and any proposed
recommended orders submitted, the Judge will issue a Recommended Order
containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if
any. Following review of the Recommended Order, the Agency will issue a Final
Order.
In the alternative, you may elect to not dispute the material facts alleged in the
Complaint and request that an informal hearing be held to present testimony or
documents you wish the Agency to consider in mitigation of the alleged violations
prior to disposition of this case. Any penalty levied will be included in a Final
Order. If a dispute of material fact is raised during the informal hearing, the
hearing will be terminated and the case referred to the Division of Administrative
Hearings for a formal hearing before an Administrative Law Judge.
An Election of Rights form is included with the Administrative Complaint. The
Agency must receive it within 21 days of your receipt of this Administrative
Complaint packet. After the Agency determines whether a dispute of material fact
exists, it will make arrangements on your behalf for the appropriate hearing. You
will receive notice of the date, time, and place of hearing at the address
designated by you on your Election of Rights.
IMPORTANT: If the Agency does not receive a completed copy of the
Election of Rights form, or any other written response from you, within the
21 days of your receipt of this Administrative Complaint, you will be
considered to have waived your right to a hearing in this matter and the
Agency may proceed against you in this matter without your participation.
STATE OF FLORIDA
AGENCY FOR PERSONS WITH DISABILITIES
ELECTION OF RIGHTS FOR ADMINISTRATIVE COMPLAINT
RESPONDENT: Florida Mentor
| have read the accompanying Administrative Complaint and Explanation of
Rights in this matter. | would like to request a hearing, and | elect for the following
hearing option:
Ol dispute the material facts alleged in the Administrative Complaint and
request that a formal evidentiary hearing be held before an Administrative Law
Judge at the Division of Administrative Hearings, pursuant to Section 120.57(1),
Florida Statutes. Specifically, | dispute the following material facts (attach
additional sheets if necessary):
| do not dispute the facts alleged in the Administrative Complaint and wish
to be heard on the issue of penalty or conclusions of law. | request an informal
hearing pursuant to Section 120.57(2), Florida Statutes. | understand that at that
hearing | will be permitted to submit written or oral evidence in mitigation of the
charges or explain why the facts alleged do not constitute a violation of law.
Please be advised this is a legally binding document and contains important
information regarding your rights. Should you desire advice regarding your
response, you may wish to seek legal counsel before proceeding. By signing this
document, you represent that you are authorized to act on behalf of the
establishment named herein and accept responsibility for compliance with any
final order resulting from this action.
Failure to complete, sign and return the election of rights form to the
agency within 21 days of receipt will constitute a waiver of your right to be
heard in this matter and the Agency may commence proceedings without
your participation, which may result in penalties against your license. As
provided in §393.063(1), Florida Statutes, penalties may include suspension,
revocation or denial of licensure, and fines up to $1000 per day for each
violation.
Election of Rights page 1
Please fill out completely:
Telephone number for contact: Fax
Signature: Date:
Print Name: Title:
Business Location Address: City State Zip
Mailing Address City State Zip
Electronic mail for contact
MAIL OR FAX BOTH PAGES OF THE COMPLETED FORM TO:
David De La Paz, Esq., Agency Clerk
Agency for Persons with Disabilities
4030 Esplanade Way, Suite 380
Tallahassee, Florida 32399-0950
Fax: (850) 414-5759
You are advised, per Section 120.573, Florida Statutes, that mediation is not
available for this action. Please keep a copy of this document for your records.
Election of Rights page 2
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Docket for Case No: 16-002315FL
Issue Date |
Proceedings |
Aug. 02, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Aug. 02, 2016 |
Joint Motion to Relinquish Jurisdiction filed.
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Jul. 18, 2016 |
Order Placing Case in Abeyance (parties to advise status by August 15, 2016).
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Jul. 15, 2016 |
Joint Status Update filed.
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Jun. 03, 2016 |
Order Granting Continuance (parties to advise status by July 15, 2016).
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Jun. 01, 2016 |
Joint Motion for Continuance of Final Hearing filed.
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May 03, 2016 |
Order of Pre-hearing Instructions.
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May 03, 2016 |
Notice of Hearing by Video Teleconference (hearing set for June 27 and 28, 2016; 9:30 a.m.; Lakeland and Tallahassee, FL).
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May 02, 2016 |
Joint Response to Initial Order filed.
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Apr. 26, 2016 |
Initial Order.
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Apr. 25, 2016 |
Election of Rights for Administrative Complaint filed.
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Apr. 25, 2016 |
Request for Formal Administrative Hearing filed.
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Apr. 25, 2016 |
Administrative Complaint filed.
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Apr. 25, 2016 |
Notice (of Agency referral) filed.
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