The Issue Whether petitioner should be removed from the Florida Retirement System, as of July 1, 1979, on grounds of ineligibility.
Findings Of Fact Petitioner, a licensed attorney, practices law in Clewiston, Hendry County, Florida. Since at least September 1, 1970, he has continuously engaged in the private practice of law in Clewiston. On September 1, 1970, the Glades County School Board ("School Board" or "Board") hired him as the School Board attorney, a position which he continues to hold. This is a part-time position, since the Board has no need for a full-time attorney. The School Board is headquartered at Moore Haven, 16 miles northwest of Clewiston, in neighboring Glades County. The terms and conditions of petitioner's employment with the School Board have remained virtually unchanged since he was originally hired. Each year, the School Board sets his salary consisting of a monthly retainer or salary, plus a fixed amount per hour for any additional professional services or litigation required by the School Board. For the 1979-80 school year, the Board set his salary or retainer--terms which the School Board used interchangeably-- as shown by the Minutes of the July 11, 1979, meeting: 3. SALARY/SCHOOL BOARD ATTORNEY - 1979-80 Chairman Hilliard opened the floor for discussion on the salary for the school board attorney for the 1979-80 school year. After some discussion between the board and Mr. Potter, the board proposed a retainer of $750.00 per month. (annual salary of $9,000.00) plus $50.00 per hour for additional pro fessional services or litigation required by the board. ON MOTION by Sapp, seconded by Johnson, the board approved this pro- posal for school board attorney for the 1979-80 school year. (Vote: Arnold, yes; Johnson, yes; Taylor, yes; Sapp, yes; Hilliard, yes.) His salary is paid from the School Board's regular employee salary account. But as the School Board's attorney, unlike other School Board employees, he does not accrue annual leave, sick leave, or pay during vacations, holidays or illness, though when he is sick or on vacation, there is no adjustment to his salary. He is reimbursed for work-related travel and meals at the rates provided by Section 112.061, Florida Statutes (1983), and is covered by the School Board's group health and life insurance, and Workers' Compensation. Since 1970, the Board has withheld his Social Security contributions from his fixed monthly salary payments; has paid the employer's Social Security contributions on his salary payments; and has annually reported his monthly salary payments on Internal Revenue Service Form W-2. To this extent, the School Board considered him an employee and treated him the same as it treated its other employees. The legal services which he furnished the School Board are described in his employment agreement and the School Board's job description for the position: TYPICAL DUTIES: Attend all regular Board meetings and such special meetings as deemed advisable by Board Chairman or Superintendent. Be available for routine telephone or personal consultations with Board Chairman, Superintendent and Staff members. Perform legal research. Prepare or approve leases or agreements prior to execution by Board. Prepare and prosecute law suits in behalf of Board and defend law suits against Board, including any actions against Superintendent, Staff or other school district employees allegedly arising etc., unless special counsel is deemed necessary by Board Attorney with Board's concurrence. Attend the quarterly seminars/meetings of Florida School Board Attorneys Association; and any other approved by Board. Represent Board and/or Superintendent in personnel matters where appropriate, as well as student discipline matters. School Board meetings, held monthly, last approximately one and one-half hours. Litigation, although described as a typical duty, is considered extra work, and an hourly rate is charged over and above the monthly salary. Petitioner agrees that he would not knowingly accept any new clients which would cause a conflict of interest with his School Board employment. Although he has been free to turn down work assigned by the School Board, he never has--at least through 1976. As explained by Mr. Strope, Superintendent of Schools from 1968 to 1976, although petitioner was free to turn down work, he "shouldn't have." Petitioner is not required to maintain any set office hours, and his monthly salary does not vary with the number of hours' work. He is not furnished office space by the School Board. The majority of his legal work for the Board is performed at his private law office, in Clewiston. The cost of operating his law office is not a budget item in the School Board's budget. Under his employment arrangement with the School Board, he furnishes all personnel, equipment, and facilities needed to perform his services. He is responsible for supervising the secretaries who work in his private office. Occasionally, when he is at School Board headquarters in Moore Haven he will ask a School Board employee to type a document. At his request, however, the School Board will furnish him pencils, legal pads, legal periodicals and stationery. It also pays for his travel; for per diem expenses incurred while attending legal seminars or meetings; and for long distance telephone calls made in connection with his School Board employment. He is neither responsible for, nor supervises, any employee of the School Board. The School Board does not furnish him any legal secretaries or part-time attorney assistants. He has not shown what percentage, or amount, of his working hours are devoted to performing legal services for the School Board, as opposed to legal services which he performs for his other clients. Other than assigning specific legal tasks, the School Board exercises no more control over the means, methods, and manner by which petitioner performs the legal work given him than is ordinarily exercised by any client over an attorney. Because of ethical constraints and the nature of legal work, petitioner must exercise independent professional judgment. Since September 1, 1970 2/, petitioner has been enrolled in the FRS. This was accomplished by his filling out a prescribed form which the School Board then filed with the Division. The Board then began reporting him on its employee rolls. There is no evidence that the initial FRS entry form, filed with the Division, described petitioner's work duties or the nature of his employment with the School Board. Both the Board and the Division enrolled him in the FRS, believing that he was eligible for membership. The Division did not question or investigate the nature of his employment relationship with the Board until 1983. From his initial enrollment until January 1, 1975, when FRS became a non-contributory system, petitioner contributed one-half of the the required FRS contribution, while the School Board contributed the other half. Since January 1, 1975, the School Board has contributed 100 percent of his contributions to FRS. During the 1970s petitioner's membership in the FRS prevented him from participating in any other tax sheltered retirement plan. 3/ Since July 1, 1979, the Division has, by rule, given notice that consultants and other professional persons contracting with public employers are, ordinarily, ineligible for membership in the FRS. All public employers, including the School Board, have been asked to remove such persons from their retirement payrolls. Since at least July 8, 1981, petitioner was on notice that his status as an employee, and his eligibility for continued membership in the FRS, were in question. Both the parties stipulate that part-time electricians, plumbers, painters, combustion engine mechanics, air conditioning mechanics, janitors or sewage plant operators (and even other occupations) employed in 1983 by the Glades County School Board on a year-round salary basis (i.e., at least 10 consecutive months), and paid out of the School Board's regular salary and wage account, would be mandatory members of FRS by statute. (Prehearing Stip., para. E. 6)
Recommendation Based on the foregoing, it is RECOMMENDED: That the Division enter an order removing petitioner from membership in the Florida Retirement System, as of July 1, 1979; and That the Division return to petitioner and the School Board their respective FRS contributions, mistakenly made to his account. DONE and RECOMMENDED this 14th day of February, 1984, in Tallahassee, Florida. R. L. CALEEN, JR. 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 14th day of February, 1984.
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint. If so, what disciplinary action should be taken against her.
Findings Of Fact Based upon the evidence adduced at hearing and the record as a whole, the following Findings of Fact are made: Respondent held Florida teacher's certificate number 681506, covering the areas of Pre-K through Grade 3, which was valid until June 30, 1995. On or about November 4, 1986, Respondent was charged with battery by information filed in Dade County Court Case No. 86-79409. On December 29, 1986, following a non-jury trial, Respondent was found guilty as charged. Adjudication of guilt was withheld and Respondent was ordered to pay $77.00 in court costs. In 1990, Respondent submitted an Application for Florida Educator's Certificate to the Bureau of Teacher Certification of the Department of Education (Bureau). On the application, she checked "no" in response to the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of nolo contendre (no contest) even if adjudication was withheld? Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of certification. Please Check One: Yes No If yes, you must give complete details for each charge. As Respondent was aware, her negative response to this question was untrue inasmuch as, in 1986, she had been found guilty of the crime of battery in Dade County Court Case No. 86-79409. In 1992, Respondent submitted another Application for Florida Educator's Certificate to the Bureau. On the application, knowing that her response was false, she answered "no" in response to the following question: Yes No Have you ever been convicted, found guilty, or entered a plea of nolo contendre (no contest) to a crime other than a traffic violation? A YES or NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge In 1993, Respondent submitted a third Application for Florida Educator's Certificate to the Bureau. On the application, she knowingly gave false information by checking "no" in response to the following question: Yes No Have you ever been convicted, found guilty, entered a plea of nolo contendre (no contest), or had adjudication withheld in a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? SEALED or EXPUNGED records must be reported pursuant to s.943.058, F.S. Failure to answer this question accurately could cause denial of certification. A YES or NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. On February 7, 1994, while working as a teacher at Golden Glades Elementary School, a public school located in Dade County, Respondent was involved in an altercation with a student, C.K., in the doorway to Respondent's classroom.2
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission issue a final order: (1) finding Respondent guilty of the violations of subsection (1) of Section 231.28, Florida Statutes, alleged in the Administrative Complaint, as amended, concerning her falsification of the 1990, 1992, and 1993 certification applications she submitted to the Bureau; (2) barring Respondent from applying for certification for a period of three years for having committed these violations; and (3) dismissing the remaining counts of the Administrative Complaint, as amended. DONE AND ENTERED this 29th day of July, 1997, in Tallahassee, Leon County, Florida. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 29th day of July, 1997.
Findings Of Fact The parties stipulated to certain facts in Case No. 76-2002 and they are adopted for the purposes of this proceeding, as follow: That the Certificate Holder received an undergraduate degree in accounting from the University of Cincinnati in August of 1968. That the Certificate Holder was employed by major CPA firms from August of 1968 to September of 1970 as an accountant; That the Certificate Holder passed the uniform CPA exam in California in 1969, and was granted CPA license by California upon completion of the necessary experience requirements in May of 1971; That the Certificate Holder attended law school at the Ohio State University from September, 1970 through December 1972. In December, 1972, he was awarded a Juris Doctor Degree from that institution; That prior to graduating from law school, the Certificate Holder made application to secure a position in accounting. He secured a Position with the certified public accounting firm of Arthur Young and Co. in Cincinnati, Ohio, which position commenced on January 1, 1973; That while employed as a certified public accountant by Arthur Young and Co., the Certificate Holder, in the summer of 1973, was offered a position with a certified public accounting firm in Miami, Florida; That in July, 1973, the Certificate Holder accepted that position with McClain and Co., CPA's, of Miami, Florida, which position was to begin in August, 1973; That during the summer of 1973, the Certificate Holder requested the Florida State Board of Accountancy to forward him an application to apply for a reciprocal CPA certificate and the Board responded that an application would not be sent to anyone who was not a resident of the State of Florida; That during the summer of 1973, the Certificate Holder made an application with the Florida Bar to become a member of the Florida Bar; That the Certificate Holder moved his family from Cincinnati, Ohio to Fort Lauderdale, Florida, in July, 1973, and began working on a full-time basis for the Florida CPA firm of McClain and Co. in August of 1973. At that time he again requested an application for a reciprocal CPA certificate; said application being received by the Certificate Holder in late September of 1973; That the Certificate Holder completed the application for a reciprocal CPA certificate and Submitted the same to the Florida State Board of Accountancy in October, 1973; That in November, 1973, the Certificate Holder took the Florida Bar examination in Tampa, Florida; That the Certificate Holder was admitted to the Florida Bar In December, 1973, and was granted a reciprocal CPA certificate by the Florida State Board of Accountancy in January, 1974; That the Certificate Holder was discharged by the Florida certified public accounting firm of McClain and Co. in May, 1974. That the Certificate Holder taught part-time in the Accounting Department of Florida International University beginning in January, 1974 thru 1976. After his discharge from the public accounting firm of McClain and Co., he continued at Florida International University on a substantially full-time basis thru the summer of 1974 and into the fall of 1974; That in August, 1974, the Certificate Holder opened an office for the practice of law in Fort Lauderdale, Florida, but this office was staffed only on a part-time basis as the Certificate Holder was devoting the great bulk of his time to his teaching activities at Florida International University in Miami, Florida; That in February, 1975, the Certificate Holder opened an office for the practice of law in Fort Lauderdale, Florida, (200 SE 6th Street, Suite 100- B), which office was from that time staffed on a full-time basis by the Certificate Holder; That since February, 1975, the Certificate Holder has been actively engaged in the full-time practice of law in the city of Fort Lauderdale, Florida; and That the Certificate Holder has been a resident of and domiciled in the State of Florida from August, 1973 thru and including the date of this Stipulation.
The Issue Whether the Education Practices Commission (EPC) should revoke or suspend the Respondent's Florida teaching certificate, or impose any other penalty provided by law, for the violations alleged in the Administrative Complaint dated April 5, 1994.
Findings Of Fact Respondent holds Florida teaching certificate 326738, covering the areas of History, Political Science, and Economics, which was valid through June 30, 1994. Respondent's teaching certificate has not been renewed for failure to complete three additional course credits. On or about November 1989, Respondent was reported to Professional Practices Services (PPS) for failure to maintain honesty. The basis for the report was that on a teacher in-service day, Respondent did not report to work, but had a co-worker sign in for him. As a result of this report, the Pinellas County School District suspended the Respondent for three (3) days without pay. On or about August 21, 1990, Respondent entered into a Deferred Prosecution Agreement with the Department of Education that extended through the end of the 1990-1991 school year. The Deferred Prosecution Agreement included in its terms the requirements that the Respondent: violate no criminal laws and shall fully comply with all district school board regula- tions, school rules and State Board of Education Rule 6B-1.006, F.A.C.; perform assigned duties and responsibilities in a professional manner and which is satisfactory to the county school board and in compliance with the rules of the Florida Department of Education; and satisfactorily complete a workshop/inservice training course or college level course in developing positive relationships with others. On July 24, 1991, then Commissioner of Education, Betty Castor, revoked the Respondent's Deferred Prosecution Agreement with the Department of Education and filed an Administrative Complaint against the Respondent. On June 30, 1992, the Education Practices Commission (EPC) issued a Final Order regarding the July 24, 1991 Administrative Complaint against the Respondent. On or about August 12, 1992, Karen Wilde, Executive Director of the EPC, notified the Respondent of the terms of the Respondent's probation as provided by the June 30, 1992 EPC Final Order. On May 4, 1992, Betty Castor, Commissioner of Education filed a second Administrative Complaint against the Respondent. The second Administrative Complaint referenced the first pending Administrative Complaint entered against the Respondent and further alleged that the Respondent had engaged in inappropriate and unprofessional conduct. The second Administrative Complaint also alleged that on or about October 25, 1991, the Pinellas County School Board suspended the Respondent with pay and recommended that the Respondent be terminated. On August 18, 1992, the Respondent entered into a Settlement Agreement with the EPC whereby the Respondent elected not to contest the allegations set forth in the May 4, 1992 Administrative Complaint. This agreement required the Respondent among other things to: submit to an evaluation by licensed psychiatrist mutually acceptable to the EPC and the Respondent within sixty (60) days of the date of this agreement. submit to an evaluation by a licensed physician other than [Respondent's] regular physician. This exam must include a medical review to determine the cumulative effects of medication which has been prescribed to [the Respondent], and to determine whether any medications or combinations thereof with each other or with alcohol may contribute to the behaviors which are the basis of the Adminis- trative Complaint. On November 6, 1992, the Education Practices Commission issued a Final Order with regard to the Second Administrative Complaint. The November 6, 1992 Final Order incorporated the terms of the August 18, 1992 Settlement Agreement. On or about December 11, 1992, Karen Wilde, Executive Director of the EPC, notified the Respondent of the terms that the Respondent agreed to in his Settlement Agreement. On or about March 10, 1993, Karen Wilde again notified the Respondent of the requirements of the Respondent's Settlement Agreement and the Respondent's non-compliance with terms of that latest settlement agreement. The Respondent has not complied with the terms of the Final Order of November 6, 1992 which incorporated the Settlement Agreement insofar as the evaluations from a physician and from a psychiatrist have not been submitted. On or about April 1, 1993 Karen Wilde notified the Respondent that the Respondent was being reported to the PPS for non-compliance with the terms of the Final Order of November 6, 1992. On June 30, 1993, the PPS initiated an action against the Respondent for violation of the Respondent's EPC probation. Respondent has taught school for over twenty years. On September 7, 1992, Respondent seriously injured his back in the course of his employment as a result of intervening to prevent a fight between two students. Respondent's injury required him to undergo surgery to repair a herniated disc, and resulted in a 9 percent permanent partial impairment rating to the body as a whole. During this time Respondent was on prescribed pain medication. Respondent filed a worker's compensation claim which was settled by the Pinellas County School Board. The settlement stipulated that Respondent would resign his employment with the Pinellas County School Board, and further provided that the School Board has no objection to deletion of paragraph 8(f) and 8(g) of the settlement agreement. On August 18, 1993, the Respondent resigned his teaching position with the Pinellas County School Board.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: The Respondent be barred from reapplying for a teaching certificate for a period of one (1) year from the final disposition by the Education Practices Commission; That prior to reapplication the Respondent be required to provide the certificates that were required by Paragraph 5 and 6, and shall comply with Paragraphs 8(f) and 8(g), all of the Final Order entered by the Education Practices Commission on November 6, 1992; That upon reemployment in the teaching profession that he be placed on a term of probation of three years on the terms outlined in Paragraphs 7, 8(a), 8(b), 8(c), 8(d), 8(e), and 9, all of the Final Order entered by the Education Practices Commission on November 6, 1992; and That an administrative fine of $500.00 be paid by the Respondent to the Petitioner within the first twelve months of the probationary period. RECOMMENDED in Tallahassee, Leon County, Florida, this 16th day of March, 1995. RICHARD HIXSON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 1995. APPENDIX The following constitute rulings on the Findings of Fact proposed by the parties. Petitioner's Proposed Findings 1.-10. Adopted. 11. Adopted in part. 12.-18. Adopted. Incorporated in paragraph 18. 20.-22. Adopted. Respondent's Proposed Order Adopted in part. Reject as not supported by the evidence. Rejected as irrelevant. Adopted. COPIES FURNISHED: Nathan L. Bond, Esquire 2121 Killarney Way Suite G Tallahassee, Florida 32308 David L. Smith 2521 Oak Leaf Lane Condo D Clearwater, Florida 34623 Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros, General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact At all times pertinent to the allegations contained in Ms. Cheren's April 15, 1988 letter of denial of renewal, Petitioner, Earlen Braddy operated Earlen's ACLF home at 2840 47th Avenue South, St. Petersburg, Florida. Respondent, DHRS, is the state agency responsible for licensing ACLF's in Florida. Ms. Braddy has operated the ACLF in question at the current location for about four years during which time she has had as many as five residents at one time. Currently, and for the past year, she has had only three residents in the facility which she also occupies as her home. One current resident has been with her since she opened. On December 4 and 9, 1986, while Ms. Braddy was operating her ACLF in a licensed status, her facility was inspected by representatives of Respondent's Office of Licensure and Certification on its yearly survey. During the survey, the inspectors found several deficiencies, all of a Class III, (least serious) category, in such areas as Administration; Management and Staffing Standards, (6 deficiencies); Admission Criteria and Resident Standards, (3 deficiencies); Food Service, (12 deficiencies); Physical Plant, (5 deficiencies); Fire Safety, (1 deficiency); and Other Administrative Rule Requirements, (4 deficiencies). Though most deficiencies related to the failure to keep or provide the surveyors with the paperwork required to be kept by statute and the rules of the Department, some of the deficiencies related to resident care. These deficiencies were identified to Ms. Braddy in person by the inspectors at the time of discovery and again at the out-briefing. She was also advised as to how to correct them and where to secure assistance in doing so, if necessary. Nevertheless, and notwithstanding the uncorrected deficiencies identified in the December, 1986 survey and the March, 1987 follow-up, the Petitioner's license was renewed in April, 1987. Follow-up surveys were conducted in March, June, and October, 1987, at the next annual survey in 1988, and at its follow-ups. While some deficiencies originally identified were thereafter corrected, many were not. Another annual survey of the facility was conducted on February 16, 1988, prior to the issuance by the Department of the yearly renewal license. At this survey, again, numerous Class III deficiencies were identified including: Administrative, (5 deficiencies); Admission, (3 deficiencies); Food Service, (9 deficiencies); Physical Plant, (1 deficiency); Fire Safety, (3 deficiencies); and Other Administrative, (3 deficiencies). Many of these were carried over uncorrected from the previous year's survey, (December, 1986) and its follow- ups, and some were new. Some of the former remained uncorrected through the June, 1988 follow-up to the February, 1988 survey. In August, 1988, the Department filed three Administrative Complaints against the Petitioner seeking to impose monetary civil penalties against her. All three resulted in Final Orders being entered. In the last of the three, Petitioner was alleged to have committed five violations of the statutes and Departmental rules, all of which relate to Petitioner's alleged failure to "provide or make available for review documentation" in five certain areas. Petitioner and Respondent agree that these areas are those primarily involved in the uncorrected deficiencies outlined in the survey reports and upon which the Department relies to support denial of Petitioner's renewal. Petitioner readily agrees that the deficiencies cited by the Department both in the survey reports and in the Administrative Complaints existed at the time of identification and, in many cases, for some time thereafter. While Petitioner now claims all deficiencies have been corrected, her accountant, Mr. Schaub, indicates that at least one, that relating to the failure to document and keep on file scheduled leisure time, had not been accomplished previously and was not now being accomplished. As to the others, those requirements which were not being complied with at the time of the surveys are now being met. Some identified deficiencies were not actually defects. The documentation was being kept, but due to Petitioner's inability to keep up with it, was not made available to the surveyors. Mr. Schaub is convinced that Petitioner has a paperwork problem and needs help with it. She spends her time taking care of the residents without much help and does not keep up with the required paperwork. As he describes it, she is being "choked with red tape" due to the paperwork requirements imposed by the Department whose rules do not differentiate much in the requirements for record keeping between large facilities and very small ones as this is. In his opinion, however, and also in the opinion of the surveyors who visited the facility, the residents appeared to be clean, appropriately dressed, well fed, and content. Ms. Braddy contends that at the present, all the actions the rules require are being taken and while in the past she may not have done everything correctly, she has made the effort to comply with the instructions she received from the Department. She has recently hired an individual to help her and stay with the residents while she is gone. Before he came to work, she received some assistance from her children who, without pay, helped her from time to time. She believes her facility is now operating within the Department's requirements and there has been no survey conducted since June, 1988, to indicate whether this true or not.
Recommendation Based on the foregoing Finding of Facts and Conclusions of Law, it is, therefore: RECOMMENDED that Petitioner, Earlen Braddy, be issued a conditional license to operate an Adult Congregate Living Facility for a period of 6 months at which time, if all deficiencies are not corrected, the application for renewal be denied. RECOMMENDED this 12th day of December, 1988, at Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of December, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-3025 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. BY THE PETITIONER None submitted. BY THE RESPONDENT 1. - 7. Accepted and incorporated herein Accepted and incorporated herein though the problem appears to be more a question of inability rather than unwillingness. Rejected as contra to the state of the evidence. Mr. Schaub indicated she would continue to have paperwork problems but with help could master the problem Not a Finding of Fact but a comment of the state of the evidence. COPIES FURNISHED: Gardner Beckett, Esquire 123 8th Street North St. Petersburg, Florida 33701 Edward Haman, Esquire Office of Licensure and Certification Legal Counsel Department of Health and Rehabilitative Services 7827 North Dale Mabry Highway Tampa, Florida 33614 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32399-0700 R. S. Power, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32399-0700
