STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, MAY 3 2019 Petitioner. APD A Clerk's Office Vs License Number: 11-1106-GH 11-1142-GH 11-1178-GH 11-1258-GH ANGEL HEART SUPPORT SERVICES, INC. GROUP HOME, ANGEL HEART SUPPORT SERVICES, INC., #2 GROUP HOME, ANGEL HEART SUPPORT SERVICES, INC., #3 GROUP HOME, ANGEL HEART SUPPORT SERVICES, INC., #4 GROUP HOME, OWNED AND OPERATED BY ANGEL HEART SUPPORT SERVICES, INC., Respondent. / ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES (“Agency”) issues this Administrative Complaint against Angel Heart Support Services, Inc. Group Home, Angel Heart Support Services, Inc. #2 Group Home, Angel Heart Support Services, Inc. #3 Group Home, and Angel Heart Support Services, Inc. #4 Group Home, all owned and operated by Angel Heart Support Services, Inc. (“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, residential habilitation centers, and comprehensive transitional education programs pursuant to section 20.197 and Chapter 393, Florida Statutes. 2s At all times material to this complaint, Respondent has held group home facility licenses issued by the Agency for the following addresses: 1607 SW 2™ Court, Miami, Florida 33157; 20504 SW 325 Street, Homestead, Florida 33030; 11040 SW 172 Terrace, Miami, Florida 33157; and 2110 NE 40 Road, Homestead, Florida 33033. 3. According to the Florida Division of Corporations. Angel Heart Support Services, Inc. is a registered and active Florida for profit corporation. Respondent's corporate officers are Eartha Mays and Azjah Temple. COUNT I The Agency re-alleges and incorporates paragraphs one through three as if fully set forth herein. 4, At all times material to this complaint, Respondent was responsible for the care of disabled adults D.J., J.M., J.B., S.C., D.W., J.J.T., J.D., K.R., J.T., L.G., M.S., JC. and R.W. ny On or about April 25, 2018, the Department of Children and Families (“DCF”) commenced an investigation involving allegations of financial exploitation of vulnerable adults cared for by Respondent and Eartha Mays, Respondent’s corporate officer. 6. The DCF found that Respondent’s corporate officer, Eartha Mays. exploited the individuals in her care by improperly using the funds of D.J., J.M., J.B., S.C., D.W., J.J.T., JD.. K.R., J.T., L.G., M.S., J.C., and R.W., individuals in the care of Respondent and Eartha Mays, Respondent’s corporate officer. le On or about June 24, 2018, DCF closed the investigation with verified findings of exploitation of D.J., J.M., J.B..S.C.. D.W., J.I.T., J.D., K.R.. J.T... L.G.. M.S. .C., and R.W. against Respondent’s corporate officer, Eartha Mays. 8. The Agency may revoke a license if the Department of Children and Families has verified that the licensee is responsible for the abuse. neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult. § 393.0673. Fla. Stat. COUNT IT The Agency re-alleges and incorporates paragraphs one through three as if fully set forth herein. 9. On or about July 23, 2018, Respondent’s corporate officer, Eartha Mays, voluntarily entered into a Settlement Agreement with the Agency, which was fully executed on or about July 24, 2018. 10. In the Settlement Agreement, Respondent and Eartha Mays, Respondent’s corporate officer, agreed to implement numerous corrective actions relating to the Respondent’s management of residents’ funds, within 30 days. (Settlement Agreement attached and incorporated herein) Il. The actions agreed upon in the Settlement Agreement included completion of a financial audit by a certified public accountant, revision of policies and procedures for managing client funds, submission of financial records to the Agency, retraining of Respondent’s staff, and reimbursement of improperly used funds to all affected residents of the Respondent. 12. Paragraph 12 of the Settlement Agreement states that any verified breach of the terms of the agreement by the Respondent may result in administrative action pursuant to § 393.0673, Fla. Stat. and § 120, Fla. Stat.to enforce the terms and conditions or take disciplinary action, up to and including license revocation. 13. On or about August 19, 2018, Respondent and Eartha Mays requested an extension of time to fully complete the actions in the Settlement Agreement. 14. On or about August 30, 2018, the Agency and Eartha Mays entered into an Addendum to the Settlement Agreement, extending the time for Respondent to complete the actions to October 1, 2018. 15. On or about October 1, 2018, Eartha Mays submitted documents related to the Settlement Agreement to the Agency. 16. The Agency reviewed the documents submitted by Respondent and determined that the required actions in the Settlement Agreement were not completed in accordance with the terms and conditions agreed to by the parties. The Agency notified Respondent and Eartha Mays personally of the breach of Settlement Agreement by a letter sent via certified mail on or about October 15, 2018. 17. In the letter, the Agency advised Respondent and Eartha Mays that all required actions and documentation must be submitted to the Agency by October 26, 2018, to cure the breach and come into compliance with the Settlement Agreement. As of April 1, 2019, Respondent has failed to provide documentation that the actions agreed to in the Settlement Agreement and Addendum to Settlement Agreement have been completed. Pursuant to Rule 65G-2.0041(2), Florida Administrative Code, the Agency shall consider the following factors when determining the sanctions for a violation, to include the gravity of the violation, such as exploitation of a resident and whether the violation has resulted in Joss of client funds; the lack of remedial action being taken by the licensee to correct the violation; and if the licensee willfully committed the violation. Fla. Admin. Code R. 65G-2.0041. The Agency may revoke a license if the licensee has failed to comply with the rules applicable to the licensee. § 393.0673, Fla. Stat. COUNT III The Agency re-alleges and incorporates paragraphs one through three as if fully set forth herein. 21 wo N 24. On April 25, 2018, the Department of Children and Families (“DCF”) commenced an investigation involving allegations of financial exploitation of vulnerable residents of Angel Heart Support Services, Inc. #4 Group Home, owned and operated by Angel Heart Support Services, Inc. Eartha Mays is listed as the Director of Angel Heart Support Services, Inc., a Florida Profit Corporation. The DCF found that Respondent’s corporate officer, Eartha Mays, committed financial exploitation by improperly using the funds of vulnerable adults J.M. and J.B., residents of Angel Heart Support Services, Inc. #4 Group Home. On June 24, 2018, DCF closed the investigation with verified findings of exploitation against Eartha May, owner and operator of Angel Heart Support Services, Inc. On the Agency facility license application form, Question 2 reads as follows: Have you or ownership controlling entity affiliated with this application ever been identified as responsible for the abuse, neglect, or abandonment of a child of the abuse, neglect, or exploitation of a vulnerable adult? 25. On the renewal license application form for Angel Heart Support Services, Inc. #4 Group Home submitted to the Agency, notarized on August 2, 2018, Eartha Mays falsely answered “no” to question 2 in the Affidavit portion of the application. 26. The Agency may revoke a license if the licensee has falsely represented or omitted a material fact in its license application submitted under section 393.067. §393.0673, Fla. Stat. COUNT IV The Agency re-alleges and incorporates paragraphs one through three as if fully set forth herein. 27. On April 25, 2018, the Department of Children and Families (“DCF”) commenced an investigation involving allegations of financial exploitation of vulnerable residents of Angel Heart Support Services, Inc. Group Home, owned and operated by Angel Heart Support Services, Inc. Eartha Mays is listed as the Director of Angel Heart Support Services, Inc., a Florida Profit Corporation. 28. The DCF found that Respondent’s corporate officer, Eartha Mays, committed financial exploitation by improperly using the funds of vulnerable adults J.T., D.W., M.S., D.J., and L.G.. residents of Angel Heart Support Services, Inc. Group Home. ae, On June 24, 2018, DCF closed the investigation with verified findings of exploitation against Eartha May, owner and operator of Angel Heart Support Services, Inc. 30. On the Agency facility license application form, Question 2 reads as follows: Have you or ownership controlling entity affiliated with this application ever been identified as responsible for the abuse, neglect, or abandonment of a child of the abuse, neglect, or exploitation of a vulnerable adult? 31. | On the renewal license application form for Angel Heart Support Services, Inc. Group Home submitted to the Agency, notarized on February 28, 2019, Eartha Mays falsely answered “no” to question 2 in the Affidavit portion of the application. 32. The Agency may revoke a license if the licensee has falsely represented or omitted a material fact in its license application submitted under section 393.067. §393.0673, Fla. Stat. The Respondent has previously been the subject of verified findings of exploitation, willingly accepted the Settlement Agreement proposed by the Agency but failed to complete the agreed-upon actions and has twice provided false statements on her license applications to the agency in 2018 and 2019. Based on the foregoing and pursuant to section 393.0673, Florida Statutes, the Agency requests that a Final Order be entered that revokes the Respondent’s licenses or places any less penalty against Respondent’s licenses as proscribed by law. Dated May 2, 2019 Trevor Suter, Esq. Senior Attorney Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Attachments: Notice of Administrative Hearing Rights Copies furnished to: Eartha Mays Evelyn Alvarez Angel Heart Support Services, Inc. Regional Operations Manager 18901 SW 106 Ave, Suite A-I11 APD Southern Region Miami, Florida 33157 CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a copy of this Administrative Complaint was sent to the above-named individuals by U.S. Mail, facsimile, or electronic mail, this cig day of May 2019. 4 asl. Hrcrngae ielle Thompson, Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 ago agency for persons with disabilities State of Florida Notice of Administrative Hearing Rights For Administrative Complaint You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (F.S.), and to be represented by counsel or qualified representative to challenge the administrative complaint. To obtain an administrative hearing, you must file a written request for hearing with the Agency Clerk by 5:00 PM Eastern Time within 21 days of the day that you receive the administrative complaint. Filed with the Agency Clerk means received by the Agency Clerk’s Office. If you fail to file the request for hearing within the 21 days, you waive the right to have a hearing. The request for hearing shall include: 1. Your name, address, e-mail address, telephone number, and facsimile number, if any, if you are not represented by an attorney or a qualified representative; 2. The name, address, e-mail address, telephone number, and facsimile number of your attorney or qualified representative, if any, upon whom service of pleadings and other papers shall be made; 3. A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (Pursuant to sections 120.569 and 120.57, F.S., a disputed issue of material fact entitles you to a formal hearing; if there are no disputed issues of material fact then you are entitled to an informal hearing); 4. A statement of when you received notice of the administrative complaint; and 5. A statement including the file number on the administrative complaint. You must file your request for hearing with the Agency Clerk by hand delivery, express delivery service, U.S. mail, facsimile transmission, or by email at the following address: Agency for Persons with Disabilities Attention: Agency Clerk Filed with the Agency Clerk means received in 4030 Esplanade Way, Suite 335 the Office of Agency Clerk by 5:00 pm on the Tallahassee, FL 32399 due date. APD.AgencyClerk@apdcares.org (850) 922-4556 (phone) Mediation under s.120.573, Florida Statutes, is (850) 410-0665 (fax) not available for this proceeding. Rev. OGC May 19, 2017 http://apdcares.org

Docket for Case No: 19-002916FL