STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, v, . AHCA No, 2012012586 HOWELL’S ASSISTED LIVING, LLC d/b/a HOWELL’S ALF I, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, State of Florida, Agency for Health Care Administration (“the Agency”), by and through its undersigned counsel, and files this Administrative Complaint against the Respondent, Howell’s Assisted Living, LLC d/b/a. Howell’s ALF I (“the Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (201 1), and alleges: NATURE OF THE ACTION This is an action to revoke Respondents licensure to operate an assisted living facility. PARTIES | 1, The Agency is the licensing and regulatory authority that oversees assisted living facilities in Florida and enforces the applicable state statutes and rules governing such facilities, Ch. 408, Part Il, Ch. 429, Part I, Fla. Stat. (2012); Ch. 58A-5, Fla. Admin. Code. The Agency may deny, revoke, and suspend any license issued to an assisted living facility and impose an administrative fine for a violation of the Health Care Licensing Procedures Act, the authorizing statutes or applicable rules. §§ 408.813, 408.815, 429.14, 429.19, Fla. Stat. (2012). In addition to licensure denial, revocation or suspension, or any administrative fine imposed, the Agency may assess a survey fee against an assisted living facility, § 429.19(7), Fla. Stat. (2012). 2. The Respondent was issued a license by the Agency to operate an assisted living facility located at 273 Howell Road, Defuniak Springs, Florida 32433 (“the Facility”), and was at all times material required to comply with the applicable statutes and rules governing assisted living facilities. Assisted living facilities are residential care facilities that provide housing, meals, personal care and supportive services to older persons and disabled adults who are unable. to live independently. These facilities are intended to be a less costly alternative to the more restrictive, institutional settings for individuals who do not require 24-hour nursing supervision, Assisted living facilities are regulated in a manner so as to encourage dignity, individuality, and choice for residents, while providing them a reasonable assurance for their health, safety and welfare. Generally, assisted living facilities provide supervision, assistance with personal care and supportive services, as well as assistance with, or administration of, medications to residents who require such services. COUNT I Criminal Background Screening 3. Under Florida law, no resident of an assisted living facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to: (a) Live in a safe and decent living environment, free from abuse and neglect. § 429.28(1)(a), Fla. Stat. (2012). 4. Under Florida law, the Agency shall require level 2 background screening for personnel as required in Section 408.809(1)(e) pursuant to Chapter 435 and Section 408.809. § 429.174, Fla, Stat. (2012). 5, Under Florida law, level 2 background screening pursuant to Chapter 435 must be conducted through the Agency on each of the following persons, who are considered employees for the purposes of conducting screening under Chapter 435: (a) The licensee, if an individual. (b) The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider. (c) The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider. (d) Any person who is a controlling interest if the Agency has reason to believe that such person has been convicted of any offense prohibited by Section 435.04. For cach controlling interest who has been convicted of any such offense, the licensee shall submit to the Agency a description and explanation of the conviction at the time of license application. (e) Any person, as required by authorizing statutes, seeking employment with a licensee or provider who is expected to, or whose responsibilities may require him or her to, provide personal care ot services directly to clients or have access to client funds, personal property, or living areas; and any person, as required by authorizing statutes, contracting with a licensee ot provider whose responsibilities require him or her to provide personal care or personal services directly to clients. Evidence of contractor screening may be retained by the contractor’s employer or the licensee. § 408.809(1), Fla. Stat. (2012). 6. Under Florida law, every 5 years following his or her licensure, employment, or entry into a contract in a capacity that under subsection (1) would require level 2 background screening under Chapter 435, each such person must submit to level 2 background rescreening as a condition of retaining such license or continuing in such employment or contractual status. For any such rescreening, the Agency shall request the Department of Law Enforcement to forward the person’s fingerprints to the Federal Bureau of Investigation for a national criminal history record check. If the fingerprints of such a person are not retained by the Department of Law Enforcement under Section 943.05(2)(g), the person must file a complete set of fingerprints with the Agency and the Agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The fingerprints may be retained by the Department of Law Enforcement under Section 943.05(2)(g). The cost of the state and national criminal history records checks required by level 2 screening may be borne by the. licensee or the person fingerprinted. Proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the Agency, the Department of Health, the Agency for Persons with Disabilities, the Department of Children and Family Services, or the Department of Financial Services for an applicant for a certificate of authority or provisional certificate of authority to operate a continuing care retirement community under Chapter 651 satisfies the requirements of this section if the person subject to screening has not been unemployed for more than 90 days and such proof is accompanied, under penalty of perjury, by an affidavit of compliance with the provisions of Chapter 435 and this section using forms provided by the Agency. § 408.809(2), Fla. Stat. (2012). 7. Under Florida law, in addition to the offenses listed in Section 435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the offenses listed in Section 408.809(4). § 408.809(4), Fla. Stat. (2012). 8. Under Florida law, if an employer or Agency has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it shall notify the employee in writing, stating the specific record: that indicates noncompliance with the standards in this chapter. It is the responsibility of the affected employee to contest his or her disqualification or to request exemption from disqualification, The only basis for contesting the disqualification is proof of mistaken identity. § 435.06(1), Fla. Stat. (2012). 9. Under Florida law, an employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. If the scfeening process shows any grounds for the denial or termination of employment, the employer may not hire, select, or otherwise allow the employee to have contact with any vulnerable person that would place the employee in a role that requires background screening unless the employee is granted an exemption for the disqualification by the Agency as provided under Section 435.07. If an employer becomes aware that an employee has been arrested for a disqualifying offense, the employer must remove the employee from contact. with any vulnerable person that places the employee in a role that requires background screening until the arrest is resolved in a way that the employer determines that the employee is still eligible for employment under this chapter. The employer must terminate the employment of any of its personnel found to be in noncompliance with the minimum standards of this chapter or place the employee in a position for which background screening is not required unless the employee is granted an exemption from disqualification pursuant to Section 435.07. § 435.06(2), Fla. Stat. (2012). 10. Under Florida law, any employee who refuses to cooperate in such screening or refuses to timely submit the information necessary to complete the screening, including fingerprints if required, must be disqualified for employment in such position or, if employed, must be dismissed. § 435.06(3), Fla. Stat. (2012). . Level 2 Background Screening Requirements 11. Florida has one of the largest vulnerable populations in the country, with over 25% of the state’s population over the age of 65, as well as children and disabled adults. These vulnerable populations require special care as they are at an increased risk of abuse. In 1995, the Florida Legislature created standard procedures for the screening of prospective employees where the Legislature had determined it necessary to conduct criminal history background checks to protect vulnerable persons. Chapter 435, Florida Statutes, outlines the background screening standards for Level 1 employment screening and Level 2 employment screening. 12. In 2010, the Florida Legislature substantially rewrote the requirements and procedures for criminal background screening of the persons and business that deal primarily with vulnerable populations. The 2010 changes provided that “vulnerable persons” include minors and adults whose ability to perform the normal activities of daily living new or to provide for his or her own care or protection is impaired due to a mental, emotional, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. Among other things, the new requirements: (a) mandated that no person be allowed to begin work until the background screening was completed, (b) increased the level of background screening from Level 1 to Level 2, (c) expanded the number of disqualifying offenses for employees, and (d) prohibited exemptions from disqualification for employees until three after the completion of all sentencing sanctions.* 13. The primary purpose served by criminal background screening is the protection of ' The statements contained in this paragraph and the preceding paragraph is based upon statements and findings set forth within the Florida House of Representatives Staff Analysis for HB 7069. House Bill 7069 was enacted into law by the Florida Legislature effective July 1, 2010. Ch. 2010-114, Laws of Fla. the safety and well-being of the facility residents. As set forth above, assisted living facility residents oftentimes consist of disabled adults and frail elders with mental and/or physical disabilities, who are at substantial risk of physical, mental and emotional abuse, medical neglect and financial exploitation. By enacting these provisions, the Florida Legislature has determined that the risk to this vulnerable population is of such significance that prospective employment be delayed until the risk is addressed through the background screening process. As a secondary purpose, background screening bolsters the public’s trust in assisted living facilities and lessens the risk of potentially business ending civil liability for a facility. The commission of a crime or tort upon a resident not only has a direct.impact upon the resident victim, but may also have an impact upon the fellow residents within the facility as well as the family members of the resident victim.” 14, On or about November 8, 2012, Frances Ogilvie Howell was the owner, administrator, and the registered nurse for the Facility. 15. On or about November 8, 2012, Investigator Cameron Adkins with the Florida Attorney General’s Medicaid Fraud Control Unit attested to a sworn affidavit in support of an arrest warrant for Frances Ogilvie Howell. Copies of the affidavit, arrest warrant and service of “arrest warrant are attached hereto as Exhibit A. 16, The allegations against Ms. Howell by Investigator Adkins are as follows: that on or around July 20, 2011, Frances Ogilvie Howell, a white female, whose date of birth is December 15, 1945, whose address is 541Mountain Valley Road, DeFuniak Springs, Florid 32435, did commit a violation of Section 825.102(1)(b), Florida Statutes: Abuse of an Elderly Person or Disabled Adult within Walton County, Florida as follows: LP is an elderly adult as defined in Section 825.101(5), Florida Statutes, whose i Hi date of birth is May 14, 1941, and suffers from Parkinson’s disease, dementia, osteoarthritis, has difficulty ambulating and uses a walker for assistance, In December 2006, LP was placed in Howell House ALF, an assisted living facility. | Frances Howell is the owner, administrator, and the facility’s registered nurse, responsible for the care and oversight of the residents. Based on a sworn statement from former employee, Timothy Morris, on or around July 20, 2011, LP was having difficulty with her activities of daily living, including dressing, walking and standing without assistance. Frances Howell stated LP was capable of caring for herself but was choosing not to help herself, Ms. Howell indicated she wanted LP out of her facility and transferred to a skilled nursing facility, which she had previously mentioned several times. Ms. Howell asked Mr. Morris to video LP not being able to stand and refusing to help herself, Investigator Adkins obtained the video which revealed LP sitting in a chair at a dining room table with her walker in front of her. Frances Howell cannot initially be seen in the video but can be heard stating, “you filming?” Mr. Morris can be heard responding, “um hum,” in acknowledgment. LP makes two attempts to get up from the chair but has to sit back down in the chair. Shortly after, Ms. Howell can be seen walking into the view of the camera. She walks over to LP, and pulls her up from the back of her pants. She removes the chair from behind LP and walks away. Several -seconds later, LP falls backward, hitting the floor. Ms. Howell can then be heard saying, “OK, send her to the ER.” The video shuts off at this point. Investigator Adkins met with Ms. Howell and has spoken to her on the phone several times and recognized the voice on the video as being Ms. Howell’s voice. During a sworn recorded interview with Frances Howell, she stated LP left the facility because LP could no longer participate in fire drills. She denied ever removing a chair from behind LP when she was attempting to stand. She indicated that she would never remove a chair from behind LP for any reason, even if she was trying to demonstrate LP was no longer appropriate for placement at her assisted living facility. Ms. Howell explained LP was a fall risk and had several medication changes at that time. She said it would be, “cruel and mean to try and get rid of someone.” She agreed there would be no reason to remove a chair from behind LP since she’s a fall risk and unsteady on her feet. Ms. Howell said in her professional opinion, a chair shouldn’t be removed from behind LP because if LP’s going to fall, something needs to be there to support her. She would have to protect herself and the patient. Ms. Howell denied ever asking anyone to video any incidents in the facility and was not aware of ever being recorded. 17. — Section 825.102(1)(b), Florida Statutes, defines abuse of an elderly or disabled adult as, “An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.” Based on her investigation, Investigator Adkins had reason to believe that probable cause existed to establish that Frances Howell on or around July 20, 2011, did commit the crime of abuse of the elderly in Walton County, Florida. . ‘18. As the owner, administrator, and the facility’s registered nurse, Ms. Frances Howell was required at all times to maintain a satisfactory Level 2 background screening result, 19. Abuse of the Elderly is a disqualifying offense as defined in Section 435.04 (2)(dd), Florida Statutes (2012). 20. On or about November 29, 2012 the Office of the State Attorney for Walton County, Florida filed an Information against Ms. Frances Howell charging her abuse of an elderly person. A copy of the Information is attached hereto as Exhibit B. . 21. The case against Ms. Howell is pending at the time of the service of this administrative complaint, A copy of the docket for this criminal case printed from the Walton County-Clerk of Court’s website is attached hereto as Exhibit C. 22. Section 408.815(1)(c), Florida Statutes (2012), states that: “In addition to the grounds provided in authorizing statutes, grounds that may be uséd by the agency for denying and revoking a license or change of ownership application include any of the following actions by a controlling interest: (c) A violation of this part, authorizing statutes, or applicable rules.” 23. Ms. Frances Howell, in-addition to her duties as administrator and registered nurse for the Facility, is a controlling interest. Section 408.803(7), Florida Statutes (2012), defines a controlling interest as, “(a) The applicant or licensee; (b) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or (c) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the provider.” 24. The Agency may revoke any license issued under Section 429.14, Florida Statutes (2012) for: (f) Failure to comply with the background screening standards of this part, s, 408.809(1), or chapter 435. 25. By virtue of Ms, Howell’s arrest and pending criminal charge for the disqualifying offense of abuse of the elderly and the acts and omissions described with particularity within this complaint, the Respondent has violated the minimum requirements of Florida law as stated in Chapter 435, Florida Statutes (2012), and the Agency seeks revocation of the Respondent’s assisted living facility license pursuant to Section 408.815(1)(c), Florida . Statutes (2012); and Section 429.14(1)(f), Florida Statutes (2012). WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, intends to revoke the license of the Respondent to operate an assisted living facility in the State of Florida, pursuant to §§ 408.815 and 429.14 n Jones, Senior Attorney orida Bar No. 732291 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone 850-412-3685 Facsimile 850-921-0158 NOTICE - The Respondent is notified that it/he/she has the right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. If the Respondent wants to hire an attorney, it/he/she has the right to be represented by an attorney in this matter. Specific options for administrative action are set out in the attached Election of Rights form. The Respondent is further notified if the Election of Rights form is not received by the Agency for Health Care Administration within twenty-one (21) days of the receipt of this Administrative Complaint, a final order will be entered. The Election of Rights form shall be made to the Agency for Health Care Administration and delivered to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mail Stop 3, Tallahassee, FL 32308; Telephone (850) 412-3630. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights were served via United States Certified Mail No. 7010 1670 0000 1044 4210 to: Clay B. Adkinson, Counsel for the Respondent, Adkinson Law Firm, 41 South 6" Street, . DeFuniak Springs, Florida 32435 on this Py 7k day of o/s » 2013. > Senior Attorney Florida Bar No. 732291 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone 850-412-3685 Facsimile 850-921-0158 Copies: Shaddrick Haston, Unit Manager BO ee ee head Wasa Aas WY, UU Use UU Et 4, UuUy ; PREG IN THE CIRCUIT COURT -OF THEFIRST JUDICIAL CIRCUY! ut on go CORA IN AND FOR WALTON COUNTY, FLORIDA STATE OF FLORIDA . : MIE NOY -9 A BE Ub COUNTY OF WALTON AFFIDAVIT IN SUPPORT OF ANARREST WARRANT BEFORE MB, ev KOLPKR |) heb Pokts 4 Judge of the Circuit Court of the Firs, Judicial Circuit of Florida, personatly appeared Cameron Adkins, a law enforcement investigator with the Florida Attorney General’s Medicaid Fraud Contra) Unit, who being by me first duly swom, deposes and further states as follows: , Cameron Adkins, have been employed ag a law enforcement investigator with the Medicaid Fraud Control Unit (hereinafter referred to as the “MFCU"), a department within the Attorney General's Office, since May 18, 2007. Prior to that, your AFPIANT was employed by the Florida Department of Children and Families as an adult protective investigator, where your AFPIANT investigated numerous complaints of abuse, neglect, and exploitation célated to Florida's elderly and disabled adults, Your AFFIANT has completed the 755 hour basic recruit Law Enforcement Academy at Northwest Florida State College, formerly known as Okaloosa- Walton College, Furthermore, your AFFIANT graduated from Troy University, formerly known as Troy State University, with a Bachelor of Science and Masters Degree in Criminal Justice, Your AFFIANT has received specialized training in the investigation of offenses of this nature, he MFCU exists to investigate Medionid fraud ocourring in the State of Florida, The MFCU operates under the authority and supervision of the Florida Attorney General's Office. The MFCU is authorized to investigate the alleged abuse, neglect or exploitation of patients in health care facilities receiving payments under the Medicaid program, in coordination with the ‘ Agency for Health Care Administration, pursuant to 42 USCA §1396b(q) and §409.920(9), Florida Statutes, The MFCU may investigate any criminal violations discovered during the course of those investigations, as provided by $16.59, Florida Statutes, Your AFFIANT further states that the facts and reliable evidenve Supporting this affidavit 4nd establishing probable cause to believe that on or around July 20, 2011, Frances Ogilvie Howell, a white female, whose date of birth is December 15, 1945, whose outrent address is 54] Mountain Valléy Rd., DeFuntak Springs, FL 32435, did commit a violation of §825,102(1)(b), Florida Statutes: Abuse of an Biderly Person or Disabled Adult within Walton County, Florida, as follows: : LP ts an elderly adutt as defined in FS, 825.101(5), whose date of birth is May (4, 1941, and suffers from Parkinson's disease, dementia, osteoarthritis, has difficulty ambulating and yses a walker for assistance, In December 2006, 1.P was placed in Howell House ALF, an assisted Tnvestigator’s initials (fc newest av EXHIBIT wee ue tee Ieee Ree ces Oyes vere me eey POA AY, YoU Use ult 4. UUY § living facility, Frances Howell is-the owner, administrator, and the facility's registered nurse, responsible for the care and oversight of the residents, Based on a sworn statement from former employee, Timothy Morris, on or around July 20, 2011, LP was having difficulty with her activities of daily living, including dressing, walking and slanding without assistance. Frances Howell stated LP wag capable of caring for herself but was choosing not to help herself, Ms, Howell indicated she wanted LP out of her facility and transforred to @ skilled nurging factlity, which she had previously mentioned several times, Ms. Howell asked Mr, Morris to video LP not being able to stand and refusing to help herself, Your Affiant obtained the video which revealed LP sitting in a chatr at 6 dining room table with her walker in front of her, Frances Howell cannot initially be seen in the video but can be heard instructing LP to get up several times, In the beginning of the video, Ms, Howell can be heard stating, "you filming?" Mr, Mortis can be beard responding, “um hmm”, in acknowledgment. LP makes two attempts to get up from the chair but has to sit back down in the chair. Shorty after, Ms, Howell can be seen walking into the view of the.camera. She walks over lo LP, and pulls her up from the back of her pants. Sh¢ removes the ebair from behind LP and walks away. Several seconds Jater, LP falls backward, hitting the floor, Ms, Howell oan then be heard siying "OK, send her to the ER." The video shuts off at this point, Your Affiant has met with Ms, Howell and spoken to her by phone numerous times and recognized the voice on the video ag being Howell's vaice, During a sworn recorded interview with Frances Howell, she stated LP left the facility because LP could no longer participate in fire drills, She denied ever removing @ chair fravn behind LP when she was attempting to stand, She indicated she would never yemove a chair from behind LP for any reason, even if she was trying 1o demonstrate LP was no longer appropriate placement at her ALF, Ms, Howell explained [.P was a fall risk and had several medication changes at that time. She said it would be “crue! and mean to try and get rid of someone." She agreed there would be no reason 10 ever remove a chair from behind LP since she's a fall risk and unsteady on her feet, Ma, Howell said in her professional opinion, a chair shouldn't be removed from behind LP because if LP's going to fall, something needs to be there to support her. She would have to protect hergelf and the patient. Ms, Howell dented ever asking anyone ta video any incidents in the facility and was not aware of ever being recorded, Florida State Statute 825,102( 1)(b), defines Abuse of an Elderly or Disabled Adult as “An intentional act that could reasonably be expected to result in physical oy psychological injury to an clderly person or disabled adult.” Based on the aforementioned facts, statements, and tho totality of ciroumstances, Investigator Cameron Adkins, who being duly swom, deposes and says that she has reason to believe and does believe that probable cause exists to establish that on or around July 20, 2011, Frances Ogilvie Howell, a white female, whose date of birth is Decembey 15, 1945, whose, current addross is 541 Mountain Valley Rd., DeFuniak Springs, FL, 32435, did commi lnvestigator's initials ¢ sb - Judge’s initials Hh eee eee vee wus violation of §825.102(1)(b), Florida Statutes: Abuse of an elderly or disabled adult, within Walton County, Florida. . FURTHER, AFPIANT SAYETH NAUGHT. ‘ameron Adkins, APFIANT Law Enforcement Investi gato) Medicaid Fraud Control Up Investigator's initials Cad Judge's initial un ny, YoU Wee “Ul? leo} e413 495 LED $0 FLO OF COU F IN THE CIRCUIT COURT OF THE FIRST JUDICIAL cIRCTAY RY IN AND FOR WALTON COUNTY, FLORIDA TIT NOV -9 A BUS STATE OF FLORIDA, CASE NO,: MPC-12-00710 Piaintiff, CHARGES: va. (4) § 925.162 (1)B), FS, -1 COUNT FRANCES OGILVIE HOWELL, Defendant. DOB: 12/15/45, white/fomale SSN: Address; 541 Mauntnin Valley Rd., DeFuniak Springs, PL 32435 / ARREST WARRANT {N - THE NAME OF THE STATE OF FLORIDA, TO ALL INVESTIGATORS OF THE MEDICAID FRAUD CONTROL UNIT OPERATING UNDER THE AUTHORITY OF THE ATTORNEY GENERAL, TO ALL AND SINGULAR THE SHERIFFS OF THIS STATE, AND THEIR DULY CONSTITUTED DEPUTIES: The Court finds that there is probable canse to believe, based on the attached Affidavit, that the defendant, Frances Ogilvie Howell, has committed, in Walton County, Florida, the crime of one count of abuse of an elderly or disabled adult, a third degree felony. You are hereby cornmanded {o arrest Prances Ogilvie Nowell and bring her before the Gourt to be dealt with according to the law. A oe The defendant is to be admitted to bail in thesum of $f Cos “<,__, Special conditions of release: No contact with the elderly or disabled, No contact jn person, third party or otherwise with any former employees. No contact in person, third party, or otherwise with persons mentioned in the attached affidavit. Contact with immediate family members who ORI » VU Ay - — on eae . saan ay, Ve Yue vUul? ty UNM 't WITNESS my hand and seal this 6 day of £4 gf 2072, spDeFuniak Received this Warrant the | day of , 2012, and executed it on the day of _. , 20___, by arresting the above named defendant, Frances Ogilvie Howell, and having her now before the Court. Areating O flicer Cv wee vure te. ouud Ive ule aie ER oRide. UNA oy Of ERURTS WALTON COUNTY SHERIFFS orrice™ ATTN! Sreartin “Serene @Ssqra\- OSB SHERIFF MICHAEL ADKINSON JR, 1-9 A Bue Warrant Served . Service Return WALTON COUNTY SHERIFFS OFFICE [SUSPECT] Name: Howell, Frances Ogilvie _ Race:W Sew: F Haight:508" Weight: 140 Hair: BRO Eyes: BRO DOB: 12/15/1945 MINI #: WCSOOSMNI000620 SONIA 1D #: H400264469560 State: FL Type: DL Address: 544 MOUNTAIN VALLEY ROAD DEFUNIAK SPRINGS FL 32433 OCA/Agency ID: Birth Locatlon: Clty: NICOLES County: State: FLORIDA Nation: USA _ Cittzenship; Occupations | : ‘ BusInese: HOWELL HOUSE ALF Title: ADMINISTRATOR Phone: 850-892-0861 Entered: 08/06/2005 Address: 644 MOUNTAIN VALLEY RD DEFUNIAK SPRINGS FL 32436 Allases Streot Names Arrest No dal Booking No | Offense No OtherNo Court Case No WCSO12ARR004302 : gf) 9% MFC-12.90710 " LINCIDENT INFORMATION J Oveurted Date Range: 11/08/2012 fo LatvLong: Addrass: GEO: --- { CHARGES} , Charge # Charge Charge Deae Counts Level Denver peleley YORG NCIC AON Bong amt 825.102,1 GRIMES AGAINST ABUSE BLDERLY OR 1 Felony Third PRINCIPAL 9000 7099 PERSON DISABLEO ADULT WO GREAT HARM Band Set by LEO at Timo of Arrast & Booking: $0.00 (None (JROR ()Cash (PRO Bond Set by Judge: ¢ 5000.00 ONone (X)Gosh (RORSign ()PTR (Any (X)Pro (JPLIQ —()Purge NONE, (966 NONE Return Court: Date: Time: : Instructions: ~ ttre At NE A Renerting Officer Unit Orla Off uur Forward to.tor Anproval WOS0 [WEAPONS ] tt te rn pe { ARREST INFORMATION ] : Areostod Residaney Injury Extent of Jofu Resist Alcohol Drugs. 110082012 Ta Withtn Jurled{ction Nono lure No No No Arrested Prior Arrest Jurisdiction Locatlon: 1992 JUNIPER LAKE RD OEFUNIAK SPRINGS FL. LatiLong: / No Within Jurisdiction 32433 Arrostiaa Offtoay Uni Officer Tyne Q 407 "Miller, wilism Jen Fo. SHIFT C ae Physical Evidence; NO PHYSICAL EVIDENGE LISTED Printed on: 14/08/2042 17:16 . Paye {of 2 Lv ABA OY, Yee ve Yu? rt. UUs WALTON ~Jnty SHERIFFS OF FIGE Service Return MILLER, WILLIAM JEFF 401 _ Sipviatire (Arrestin Name 1o/ssN Subscribed and sworn to (ar affirmed) before me this 8th day of November A.0., 2012 by uA lista we. AL ld. a who ésparsonally known to me_or has produced Se f Bb Sdantification. my 7 pow ‘i fete» . ke be. ihibs Hedin Fea. Notay Pubic "LEO __—co Commission No: My commission expires: Printed on. 44/08/2012 17:45 Page 2 of 2 fous Ui éUl gy bu UO. du mM TROUT bE Ul UL PAA NU, OUU OUZL OULE Yr, UUY Clerk Number 6612CF000678A-FEL Arrest Date 11/08/2012 Agency # MFG-12-00710 RACE; W SEX: F DOB: 12/15/1945 SSH: WALTON CO FLOR} MH NEE on 1) ABUSE OF AN ELDERLY PERSON OR DISABLED ADULT WITHOUT CAUSING GREAT BODILY HARM, PERMANENT DISABILITY, OR PERMANENT DISFIGUREMENY Q&ISP> lp | IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA IN THE CIRCUIT COURT OF WALTON COUNTY, FLORIDA STATE OF FLORIDA vs FRANCES OGILVIE HOWELL, Defendant WILLIAM EDDINS, STATE ATTORNEY FOR THE FIRST JUDICIAL CIRCUIT OF FLORIDA, PROSECUTING FOR THE FIRST CIRCUIT OF FLORIDA, CHARGES THAT FRANCES OGILVIE HOWELL, on or about July 20, 2011, atand in Walton County, Florida, did unlawfully and knowingly or willfully abuse an elderly person or disabled adult, to-wit: LP, without causing great bodily harm, permanent disability, or permanent disfigurement to said elderly person or disabled adult, in violation of Section 825.102(1), Florida Statues, (F3-L6) STATE OF FLORIDA COUNTY OF WALTON Before me personally appeared the undersigned designated Assistant State Attomoy for the First Judicial Circuit of Florida, being personaily known to me, and who first being duly sworn, says that the allegations set forth in the foregaing information are based on facts that have been swom as true, and which if true, would constitute the offense there charged, that aaid Assistant State Attorney has received testimony under oath from a materiat witness or witnesses for the offense and that this prosecution is instituted in j JOSHUA A MITCHELL STATE ATTORNEYS OFFICE DEFUNIAK SPRINGS, FL 32435 . PHONE NUMBER: (850) 892-8080 FLORIDA BAR NO.; 0056386 Sworn to and subscribed before me this 2 _ day of _INOVernbur _, 2012. \_ Adfeeed rH aay Notary Public iN, MARGURET ROCKMAN Re i AY COMMBSION # EE 219097 et eas EXPIRES: August 6, 2016 Bonded Thou Notary Puble Underatiers 1 a EXHIBIT 1 ZG we agen naan tte ae Sesser? Case Progress Dockets New Search CASE NUMBER FILE DATE CASE TYPE STATUS | 66201 2cr000878CFAXMX 11/09/2012 CIRCUIT FELONY CASE OPEN CHARGE Stow STATUTE STATUTE TEXT DATE PHASE | ABUSE OF ELDERLY OR DISABLED ADULT Prosecutor: \ 4 825.102. WouT GREAT HARM 11/29/2012 Fited [DEFENDANT= =HOWELL, FRANCIS OGILVIE ATTORNEY =ADKINSON, CLAY BROWN ) (JUDGE= | ACTION DATE 02/05/2013 11/30/2012 | DISCOVERY EXHIBIT 11/30/2012 | DEMAND FOR NOTICE OF ALIBI FILED “11/29/2012 INFORMATION FIL FILED, ~ 1 4/29/2012 | 11/26/2012 | EVENT. CF PRETRIAL SCHEDULED ON 2/ 11/26/2012 | EVENT TYPE CHANGED TO CF PRETRIAL (1) FOR 2, 1 etennertstrreneertieraindfantminmtatanmien mnitirmaenottn ngs mamnsarantnannnenn tenshnaard nn 11/26/2012 11/20/2012 | 11/16/2012 | PROVISIONAL ORDER APPOINTING COUNSEL FILED. PO 11/45/2012 EVENT Cr PLEA DAY SCHEDULED ON 12/18/2012 AT 0830 AM, MX - JUDGE KELVIN W | WELLS PRESIDING, 11/15/2012 NOTICE | MAILED TO DEFENDANT AND BONDSMAN. 41/15/2012] | PROVISIONAL ORDER APPOINTING COUNSEL SENT TO JUDGE WELLS 11/09/2012 | JUDGE: WELLS , KELVIN C ASSIGNED 41/09/2012 | DEFENDANT CUSTODY LOCATION: SURETY BOND 11/09/2012 | PROSECUTOR: JOSHUA MITCHELL ASSIGNED _ 11/09/2012 AGENCY CASE NUMBER: 12004392 11/09/2012 | CASE 66201 2CFO00678CFAXMX FILED WITH CLERK ON 11/9/2012 11/09/2012 WALTON COUNTY SHERIFF SERVICE RETURN FOR WARRANT FILED ° 1 "11/09/2012 | APPA. ICATION FOR CRIMINAL INDIGENT STATUS FILED 11/09/2012] SURETY BOND FILED, —— 11/09/2012 INMATE RELEASE REPORT FILED | 11/09/2012 S6K-355432 FOR $5, 000.00 ~ : 11/08/2012 | BIS 5 95- SEQ 1 11/08/2042 | INITIAL STATUS OF Arrest ENTERED FOR SEQ: 1 ~ 11/08/2012 ARREST NAME SET To HOWELL, FRANCIS OGILVIE FOR SEQ: 1 i __1yos/2012| a EXHIBIT j PC https://www2.myfloridacounty.com/cem/do/docket?q1=RhzGUFV8UDWEn9COBV9xsA.,, 02/07/2013 SENDER: COMPLETE THIS SECTION j COMPLETE THIS SECTION ON DELIVERY @ Complete.items 1; 2, and:3, Also complete item 4 if Restricted Delivery is desired. m@ Print yourname and address on the reverse so that we can return the card to you. @ Attach this.card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: Ce SB. Rakinson, Esg. A Was en hay Rem Wy Saath Cyt. Shpood Dyekunries, Spragy SL 26; Howells Bie g 2245 q Y ‘: poe) 3 , ‘ SO Agent wa TIL ZS 11 Addressee 3 . eceived by ( Printed Ni C. Date of Delivery f f ct WA D. 1s delivery address diffefept from item 12 OyYes - If YES, enter delivery address below: TNo =~ 3. Service Type ified Mail 1 Express Mail CI Registered Cl Return Receipt for Merchandise © Insured Mail 0 C.0.D. 4. Restricted Delivery? (Extra Fee) OD Yes 2. Article Number (Transfer from service label) 7Bi0 1670 8000 1044 4e1o PS Form 3811, February 2004 Domestic Return Receipt Retutn Receipt Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) 7010 1b70 OOO0 1044 4210 groeie U) South GY Shred Cy Sse. a

Docket for Case No: 13-001048

Orders for Case No: 13-001048