STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Petitioner, )

)

vs. ) Case No. 99-2486

)

FRED AND NORMA BUCKNOR, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came before Daniel M. Kilbride, Administrative Law Judge, of the Division of Administrative Hearings on the Motion for Summary Recommended Order filed by the Petitioner, and the Respondents not filing a response to said motion, Rule 28- 106.204, Florida Administrative Code, and being fully advised in the premises, the following Recommended Order is hereby entered.

FINDINGS OF FACT

1. The Agency seeks to revoke the Respondents' Adult Family Care Home (AFCH) license pursuant to an Administrative Complaint dated March 24, 1999, because the Respondents are named as confirmed perpetrators of adult neglect in FPSS Abuse Report No. 1998-023542.

2. This report was uncontested and, therefore, upheld pursuant to Chapter 120, Florida Statutes.

3. The Department of Children and Family Services administers the abuse registry pursuant to the authority

   confirmed in Chapter 415, Florida Statutes, and is a separate and distinct agency of the State of Florida from the Petitioner.

4. The Respondents are the owners and operators of the subject AFCH named the Bucknor Adult and Foster Home and reside therein.

5. The Petitioner sought to suspend the Respondents' AFCH license in 1998 following the incident that formed the basis of FPSS Abuse Report No. 1998-023542.

6. The parties resolved the suspension in DOAH Case

   
   

   No. 98-1947, ACHA No. 7-98-400-AFCH, through an agreement wherein the AFCH closed until the Agency verified that construction activity on the premises of the AFCH no longer presented a danger to residents.

7. The parties did not contemplate that the Respondents would fail to contest their status as confirmed perpetrators of neglect so the agreement does not address the present circumstance.

8. There is no dispute that the Respondents are the persons named as confirmed perpetrators of neglect in FPSS Abuse Report No. 1998-023542.

9. The Respondents have not received an exemption from disqualification in order to operate an AFCH.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties of this

    proceeding, pursuant to Sections 120.569 and 120.57, Florida Statutes.

11. Section 400.6194(1), Florida Statutes (Supp. 1998), states:

    The agency may . . . revoke a license for any of the following reasons:

    1. Failure of any of the persons required to undergo background screening under s. 400.619 to meet the level 1 screening standards of s. 435.03, unless an exemption from disqualification has been provided by the agency.

12. Section 435.03, Florida Statutes (Supp. 1998), states in pertinent part:

    Level 1 screening standards.--

    1. All employees required by law to be screened shall be required to undergo background screening as a condition of employment and continued employment.

       
       

       * * *

       
       

       (3) Standards must ensure that the person:

       (a) For employees and employers licensed or registered pursuant to Chapter 400, does not have a confirmed report of abuse, neglect or exploitation as defined in s. 415.102(5), which has been uncontested or upheld under s. 415.103.

       
       

13. As established in the uncontested findings of fact, Fred and Norma Bucknor, administrators of the Bucknor Adult Foster Home, did not appeal the confirmed report determining that they were the perpetrators of neglect of a resident in their home. The Bucknors have not sought an exemption from disqualification in accordance with Section 435.07, Florida Statutes.

14. Therefore, administrative action may be imposed against the facility. In this instance, the appropriate action is the revocation of the AFCH license in that the Respondents can not defend themselves on the basis of fact or law, given the outcome in FPSS Abuse Report No. 1998-023542. See AHCA vs. Morris Manor, DOAH Case No. 99-0114, Recommended Order dated May 19, 1999, AHCA Final Order dated June 30, 1999.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED that a final order be entered revoking the Respondents' license to operate as an Adult Family Care Home.

DONE AND ENTERED this 22nd day of October, 1999, 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

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of October, 1999.

COPIES FURNISHED:

Thomas W. Caufman, Esquire

Agency for Health Care Administration 6800 North Dale Mabry Highway, Suite 220 Tampa, Florida 33614

Robert Mike, II, Esquire 1801 Lee Road, Suite 120 Winter Park, Florida 32789

Sam Power, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building 3, Suite 3431

Tallahassee, Florida 32308

Julie Gallagher, General Counsel Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building 3, Suite 3431

Tallahassee, Florida 32308

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: 99-002486

Orders for Case No: 99-002486