Jul 22 2010 3:44 Jul 22 2010 7:40AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, License No. 7314 Petitioner, Vv. COUNTRY ACRES GROUP HOME, Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner’ or “Agency’), issues this Administrative Complaint against Country Acres Group Home (or “Respondent’), and states the following as the basis for this complaint: 1. 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 Section 20.197 and Chapter 393, Florida Statutes. 2. At all times material to this complaint, Respondent has held a group home facility license issued by the Agency for a residence at the following address: 14304 N.E. State Road 121, Raiford, Florida, 32083. The Country Acres Group Home also has contracted with APD to provide the residents with Medicaid waiver developmental disability services. P- Jul 22 2010 3:45 Jul 22 2010 7:40AM APD 8504100665 Section 393.0673(1)(a)(3), Florida Statutes, provides that the Agency may revoke or suspend a license, or impose an administrative fine if the licensee has failed to comply with the applicable requirements of Chapter 393, Florida Statutes, or the rules applicable to the licensee. Rule 65G-2.012(6)(a), F.A.C. requires, in pertinent part, that: The facility shall be located, equipped, and designed to assure safe care and supervision for all clients. Rule 65G-2.012(7)(a), F.A.C. requires, in pertinent part, that: Each group home facility is responsible for complying with all applicable laws, rules, regulations, or ordinances of each governmental unit in which the facility is located, including but not limited to those relating to buildings, fire, sanitation, heatth, safety, zoning, civil rights and employment. Rule 65G-2.012(15)(b), F.A.C. requires, in pertinent part, that: The facility shall take all reasonable precautions to assure that no client is exposed to, or instigates, such behavior as might be physically or emotionally injurious to him/herself or to another person. Section 393.13(3)(g), Florida Statutes, states that: Persons 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. Section 393.0655, Florida Statutes, requires that all individuals who have access to client living areas, funds, or personal property must have successfully completed a Level 2 background screening. Page A-8 of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook, incorporated into rule through Rule 59G- 43.083(2), F.A.C., requires that each provider of waiver services must P- Jul 22 2010 3:45 Jul 22 2010 7:41AM APD 8504100665 10. 11. 12. agree “to safeguard the health, safety, and well being of all recipients receiving services from the provider,” FACTUAL ALLEGATIONS James Alvarez, husband of group home manager Linda Sue Alvarez, was disqualified pursuant to the background screening provisions of section 393.0655, Fiorida Statutes, and chapter 435, Florida Statutes by letter dated August 19, 2009. These statutes prohibit Mr. Alvarez from providing direct care to Agency clients, having access to a client's livings areas, or having access to a client’s funds or personal property. Mr. and Ms. Alvarez have been advised that Mr. Alvarez could not be at the group home facility. Despite these restrictions, Mr. Alvarez was discovered at the Country Acres Group Home during a spot check investigation performed on June 3, 2010. During the June 3 spot check, eighteen individual firearms were discovered on the premises. A loaded handgun and was found on the top of a gun cabinet and a loaded shotgun was found on the floor of the home. Mr. Alvarez was present at the Country Acres Group Home during this time. These firearms were alleged to be the property of Linda Sue Alvarez, wife of James Alvarez, and manager of the facility. No charges were filed, but Ms. Alvarez was informed that because he was a convicted felon, Mr. Alvarez could not legally be on the same premises as the firearms. P- Jul 22 2010 13. 16. 17. 18. Jul 22 2010 3:45 7:41AM APD 8504100665 During the June 3, 2010 spot check, a staff member of the Country Acres Group Home facility was observed pushing a resident of the facility into a chair. COUNT | Based on the foregoing, the Respondent violated Rule 59G-13.083(2), F.A.C., Rule 65G-2.012(6)(a), F.A.C., Rule 65G-2.012(7)(a), F.A.C., and Rule 65G-2.012(15)(b), F.A.C. by storing guns in the group home, including two which were loaded and unsecured. COUNT Il Based on the foregoing, the Respondent violated Section 393.0655, F.S. by aliowing an individual with a disqualifying criminal offense to have access to clients, their personal funds, and living areas. COUNT Il Based on the foregoing, the Respondent violated Section 393.13(3)(g), F.S. and Rule 59G-13,083(2), F.A.C., by allowing residents of the home to be physically abused and exposed to hazardous environmental conditions. WHEREFORE, Petitioner respectfully requests entry of an order imposing the following penalties: revocation of licensure and/or any other relief authorized by Chapter 393, Florida Statutes, or the rules promulgated thereto, this honorable tribunal deems fair and equitable. Dated: July 1, 2010 P- Jul 22 2010 3:45 Jul 22 2010 7:41AM APD 8504100665 Jonathan Grabb Attorney, Office of General Counsel Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Ce/ Jim Smith, APD Area 3 Administrator Attachments: Explanation of Rights Election of Rights Form P- Jul 22 2010 3:45 5 Jul 22 2010 7:41AM APD 850410066 Copies furnished to: Country Acres group Home Jim Smith, APD Area 3 Administrator 14304 NE State Road 121 Raiford, Fi 32083 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the above named individuals by U.S. Mail or electronic mail, this 1st day of July, 2010. Percy W. Mallison, Jr., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 P- Jul 22 2010 7:41AM APD Jul 22 2010 3:45 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES ELECTION OF RIGHTS RESPONDENT: Country Acres Group Home, Raiford, Florida. | have read the accompanying Administrative Complaint and Explanation of Rights in this matter, and Elect the following hearing option: CO 1 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 only written or oral evidence in mitigation of the charges or explain why the facts alleged do not constitute a violation of law. Oi! dispute the material facts alleged in the Administrative Com plaint and request an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes. Specifically, | dispute the following material facts: 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 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 ma constitute a waiver of your right to be heard in this matter and the Agency may commence roceedings 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. Telephone number for contact: Fax Signature: Date: -10 Jul 22 2010 3:45 OO665 Jul 22 2010 7:41AM APD 85041 Print Name: Title: ee — Business Location Address: City State Zip Mailing Address City State Zip MAIL OR FAX THE COMPLETED FORM TO: Pete Mallison, Agency Clerk Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Fax: (850) 410-0665 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, -11 Jul 22 2010 7:42AM APD Jul 22 2010 3:45 8504100665 m™ STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES EXPLANATION OF RIGHTS 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 competent 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 not dispute the violations alleged in the Complaint and request that a 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 penaity levied will be included in a Final Order. Ifa dispute of material fact arises, the hearing will be terminated and the case referred to the Division of Administrative Hearings. You may elect to dispute the violations alleged in the Complaint and request a hearing 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. 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 may have waived your right to a hearing in this matter and the Agency may proceed against you in this matter without your participation. Please note, per Chapter 120.573, Florida Statutes, mediation is not available in this action.

Docket for Case No: 10-006045

Orders for Case No: 10-006045