STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GLORIA GILBERT t/a )

OUR HOME FOUNDATION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1963

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Palatka, Florida, on November 4 and December 15, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter.

APPEARANCES

For Petitioner: Mrs. Gloria Gilbert

203 South Moody Road Palatka, Florida 32077

For Respondent: James A. Sawyer, Jr., Esquire

District Legal Counsel

2002 Northwest 13th Street, 4th Floor Gainesville, Florida 32601

This matter arose on Respondent's denial of Petitioner's application for a license to operate an Adult Congregate Living Facility (ACLF). The parties submitted proposed findings of fact which have been incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Petitioner has operated an ACLF in Palatka since 1976. Her license became invalid when she relocated her facility on March 1, 1982. She herein seeks licensure at 203 Moody Road, her present location.

   
   

2. Petitioner will purchase the Moody Road facility from the University of Florida. The National Heritage Foundation, a nonprofit organization, will obtain title to the property when the transaction is completed. Petitioner will serve as a "trustee" for the National Heritage Foundation and will operate the ACLF as a nonprofit business.

   
   

3. The Moody Road property also contains space to be rented to non-ACLF clients. The income from these rentals is to be combined with the ACLF income to cover expenses and mortgage payments. Petitioner's agreement with the

   University of Florida and the National Heritage Foundation requires her to perform specified improvements on the property in lieu of certain payments.

   
   

4. Petitioner has allocated cost free labor to building maintenance. Such labor is to be obtained from prisoners furnished by the Florida Department of Corrections to volunteer or charitable activities. Petitioner has obtained preliminary assurance that she qualifies for these services. Additionally, Petitioner will obtain operations assistance from local volunteer agencies and plans to allocate no salary for her services or those of her family members.

   She is also willing to commit personal and family assets to the operation if necessary. The value of these assets was not established.

   
   

5. Petitioner's amended application fails to clarify the status of the contract with the University of Florida, and there was no legal document produced which established her trusteeship with the National Heritage Foundation. Her balance sheet and income statement indicate that the operation will generate sufficient initial income to cover anticipated expenses with the exception of depreciation. However, various deficiencies and discrepancies are apparent in these financial statements and they cannot be considered entirely reliable.

   
   

6. Since the purchase of the property is not yet complete, and the projected income and expense figures are necessarily speculative, such deficiencies must be tolerated by reviewing authorities. Petitioner is an experienced ACLF operator and is an established member of the Palatka business and social community. She is therefore well situated to obtain assistance with any financial or operational problems she may encounter.

   
   

   CONCLUSIONS OF LAW

   
   

7. Subsection 400.411(3), Florida Statutes (1981), pertaining to the ACLF licensure provides:

   
   

   (3) The applicant shall furnish satisfactory proof of financial ability to operate and conduct the facility in accordance with the requirements of this part. Applicants applying for an initial license shall submit a balance sheet setting forth assets and liabilities of the owner and a statement of operation of the facility projecting revenues, expenses, taxes, extraordinary items, and other credits or charges for the first 6 months of operation.

   
   

8. Subsection 400.414(2), Florida Statutes (1981), pertaining to ACLF license denial, suspension or revocation provides in part:

   
   

   (2) Any of the following actions by a facility or its employee shall be grounds for action by the department against a facility:

   * * *

   (b) The determination by the department that the facility owner or operator is of questionable moral character or lacks the financial ability to provide continuing adequate care to residents, pursuant to the

   information obtained through s. 400.411, s. 400.417, or s. 400.434.

   
   

9. The above statutory provisions require Petitioner to present satisfactory proof of financial ability to operate the ACLF, Since this is not an application for an "initial license," Petitioner's proof of financial ability does not require a balance sheet and statement of operations. She has, however, furnished such documents.

   
   

10. Although Petitioner's financial statements and projections are incomplete and lacking in sophistication, her experience and community resources must be considered in determining whether or not she meets financial responsibility criteria. Considering all evidence presented, Petitioner has demonstrated the requisite financial ability to operate this ACLF.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That Respondent enter a final order granting Petitioner's application for a license to operate an Adult Congregate Living Facility at 203 Moody Road, Palatka, Florida.

DONE and ENTERED this day of January, 1983, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 1983.

COPIES FURNISHED:

Mrs. Gloria Gilbert

203 South Moody Road Palatka, Florida 32077

James A. Sawyer, Jr., Esquire District Legal Counsel

2002 Northwest 13th Street, 4th Floor Gainesville, Florida 32601

David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-001963

Orders for Case No: 82-001963