STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 85-0123

)

MARY E. WILLIS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice this case was heard on March 20, 1985 in West Palm Beach before Donald D. Conn, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented as follows:

For Petitioner: K. C. Collette, Esquire

HRS District Legal Counsel

111 Georgia Avenue, 3rd floor West Palm Beach, Florida 33401

For Respondent: Dorothy M. Walker, Esquire

349 Southeast 3rd Street Belle Glade, Florida 33430

At the commencement of the hearing the parties agreed and stipulated on the record that there are no factual disputes in this case, and that Respondent does not deny the allegations set forth in the Administrative Complaint issued by Petitioner.

FINDINGS OF FACT

1. On August 13, 1984, Mary E. Willis, Respondent, ran an advertisement in the Palm Beach Post Times to which a member of the public responded on August 14, 1984, by phone call. During that phone conversation Respondent offered personal services as defined in Chapter 400, Part II, Florida Statutes, to the caller for care of the caller's mother at 4837 Badger Road, for a

   specified monthly charge. At the time, Respondent had no valid current license to operate an Adult Congregate Living Facility.

   
   

2. On August 18, 1984, Respondent offered to provide personal services as defined in Chapter 400, Part II, Florida Statutes, to two members of the public at 4837 Badger Road, West Palm Beach, Florida. Respondent had no valid current license on this date.

   
   

3. On August 18, 1984, two members of the public responded to an invitation by Respondent pursuant to the above advertisement and observed Respondent operating an Adult Congregate Living Facility without a valid current license at 4837 Badger Road, West Palm Beach, Florida.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the parties and the subject matter involved in this case pursuant to Section 120.57, Florida Statutes. The Department of Health and Rehabilitative Services, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapter 400, Part II, Florida Statutes, and specifically Section 400.419(1)(a), Florida Statutes.

   
   

5. Section 400.447(1), Florida Statutes, provides that it is unlawful for any person to offer or advertise to the public, in any way, personal services as defined in Section 400.402(8), Florida Statutes, without license. The services being offered or advertised by Respondent constitute personal services as defined in Section 400.402(8).

   
   

6. Based on Section 400.419(4), Florida Statutes, the Petitioner may assess a fine not to exceed $500 for each violation. Respondent has committed at least three violations of Section 400.447(1), Florida Statutes.

RECOMMENDATION

Based upon the above findings of fact and conclusions of law, and also based upon agreement of the parties, it is recommended that a fine of $1500 be assessed against Respondent.

DONE and ENTERED this 4th day of April, 1985 in Tallahassee, Florida.

DONALD D. CONN, 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 4th day of April, 1985.

COPIES FURNISHED:

K. C. Collette, Esquire HRS District Nine Legal

Counsel

111 Georgia Avenue, 3rd fl. West Palm Beach, Florida 33401

Dorothy M. Walker, Esquire

349 SE 3rd Street

Belle Glade, Florida 33430

David Pingree Secretary

Department of Health and Rehabilitative Services

1323 Winewood Blvd.

Tallahassee, Florida 32301

Docket for Case No: 85-000123

Orders for Case No: 85-000123