The Issue The issue in this case is whether Petitioner should be allowed to take the examination for licensure as a life and health insurance agent in the state of Florida despite the fact that Petitioner conducted business in this state as a life and health agent under a nonresident license when in fact he was a resident of Florida, and after his Virginia resident license had been canceled.
Findings Of Fact Petitioner filed an application with Respondent for examination and licensure as an ordinary life and health insurance agent on or about February 24, 1986. His application indicates he is a resident of Florida, and had been a resident for one year and three months at the time he filed his application. In response to a question about licensure in other states, the application states, "License in Virginia 1976 to present." From November, 1984 until April 25, 1986, Petitioner conducted business as an ordinary life and health insurance agent in the State of Florida under a nonresident license issued to him in November, 1984. During this time, he sold one hundred and twenty-five insurance policies in the State of Florida on a full- time basis, and there is no evidence he sold any policies in Virginia. On his application for nonresident licensure in October, 1984, Petitioner indicated he was licensed in Virginia, and would be active in the insurance business in Florida for two months per year. Petitioner was licensed as a life and health insurance agent in Virginia from April 13, 1979 to July 9, 1985, at which time his license was canceled without prejudice for nonpayment of required annual renewal fees. Since November, 1984 Petitioner has resided permanently in the Tampa area, although when he initially arrived in Florida he did not know if he would remain permanently. At all times material hereto, Petitioner has worked as an insurance agent for Mutual of Omaha Insurance Company. From November 24, 1984, he worked out of the company's Tampa office, and prior to that time he worked out of their office in Roanoke, Virginia. Mutual of Omaha transferred company records regarding Petitioner to Tampa on November 24, 1984. According to Petitioner, it was his understanding that the Roanoke office of Mutual of Omaha would take care of paying his annual license renewal fees in Virginia. Ken Boulden, Assistant Vice President for Licensing at Mutual of Omaha, confirmed that some of the company's local offices pay their agents' license fees, but this is not a general company policy, and he could not confirm whether this was the policy of the Roanoke office. It does not appear that Petitioner intentionally falsified his application of February 24, 1986 regarding his license status in Virginia. He first learned of the cancellation of his Virginia license on April 25, 1986, and up to that time assumed that Mutual of Omaha's Roanoke office was taking care of the payment of his annual renewal fees. Petitioner correctly completed his February 24, 1986 application by indicating he had been a resident of Florida for one year and three months. In view of this, however, Petitioner did not timely file his application for examination and licensure since he worked exclusively, and on a full-time basis, in Florida from November, 1984 to April 25, 1986 under a nonresident license. He has not conducted insurance business in Florida since April 25, 1986, pending the determination of this case. On or about August 5, 1986, Respondent notified Petitioner of its intent to deny his application for examination and licensure based upon the facts set forth above, and Petitioner timely filed his request for a hearing.
Recommendation Based upon the foregoing, it is recommended that Respondent enter a Final Order approving Petition's application for examination and licensure filed on or about February 24, 1986. DONE AND ENTERED this 11th day of December, 1986 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32381 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 1986. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 86-3723 Rulings on Respondent's Findings of Fact: 1,2. Adopted in Finding of Fact 2. Rejected as irrelevant and unnecessary, and outweighed by other competent substantial evidence. Adopted in Findings of Fact 2,4,5. COPIES FURNISHED: George Jesse Bailey 5505 Pine Forest Ct. #101 Tampa, Florida 33615 David G. Poucher, Esquire Department of Insurance and Treasurer Larson Building Tallahassee, Florida 32301 Honorable William Gunter State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32301 Don Dowdell, Esquire General Counsel The Capitol, Plaza Level Tallahassee, Florida 32301 =================================================================
The Issue The issue in this case is whether the Respondent’s license to practice as a certified nursing assistant should be revoked or otherwise disciplined based on the charges of unprofessional conduct by stealing from a patient.
Findings Of Fact The Respondent, Tamar Laurent, is a certified nursing assistant (CNA) in the State of Florida having been issued license CNA 43605. This is the first time action has been taken by DOH and the Board to discipline her license. In December 2012 and January 2013, the Respondent was employed by Westminster Towers. While working at Westminister Towers, the Respondent was assigned to care for patient R.G. R.G. was given a cell phone by his son R.G. III. The Respondent picked up the cell phone, which was lying on the floor next to R.G.’s bed, and placed it in the drawer of a nightstand that was for and contained R.G.’s personal items. The Respondent thought the phone belonged to R.G. One week later, she went back into the drawer and took the cell phone to give to her son. While visiting his father, R.G. III realized that the cell phone was missing. R.G. III attempted to find the phone using family location tracking and looking up the call log. The information he uncovered was given to the Orlando Police Department and Westminster Towers. Nicole Daigneault was the director of nursing at the time of the incident. After receiving the information from R.G. III, she initiated an internal investigation and reported the incident as a theft to the Agency for Healthcare Administration. The internal investigation discovered that the Respondent and the Respondent’s son were in possession of the cell phone. The Respondent contacted Detective Osso of the Orlando Police Department. During an interview with Detective Osso, the Respondent admitted to taking R.G.’s cell phone. A few days after the interview, the Respondent retrieved the cell phone from her son and gave it to her attorney to return to R.G. III. During the hearing, the Respondent maintained that she did not know the cell phone belonged to R.G. and that she placed it in his bedside table because she found it next to his bed. This contradicted her own testimony during the hearing, and in the Respondent’s earlier statement to the Orlando Police Department, that she assumed the cell phone belonged to R.G. when she put it in his drawer. The Respondent knew that the cell phone did not belong to her and that she did not have a right to take it. During the hearing, the Respondent stated her supervisor, Rita, gave her permission to take the cell phone if she brought it back the next day. However, Rita Burginia, the supervisor of nursing assistants at the time of the incident, never had a conversation with the Respondent or would never authorize anyone to take the personal property of a patient. After the testimony of Ms. Burginia, the Respondent then claimed she spoke to a different supervisor, also named Rita. Nicole Daigneault can only recall one Rita working at Westminster Towers at that time, Rita Burginia. In any event, the Respondent did not return the cell phone the next day but rather kept it for a few weeks.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Nursing enter a final order finding the Respondent guilty as charged; and revoking her license to practice as a certified nursing assistant; and assessing costs of investigation and prosecution. DONE AND ENTERED this 11th day of September, 2015, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of September, 2015. COPIES FURNISHED: Ana Margarita Gargollo-McDonald, Esquire Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399 (eServed) Tamar Laurent 1270 Woodman Way Orlando, Florida 32818 Judson Searcy, Esquire Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399 (eServed) Joe Baker, Jr., Executive Director Board of Nursing Department of Health 4052 Bald Cypress Way, Bin C-02 Tallahassee, Florida 32399-3252 (eServed) Daniel Hernandez, Interim General Counsel Department of Health 4052 Bald Cypress Way, Bin A-02 Tallahassee, Florida 32399-1701 (eServed) COURTESY COPY FURNISHED: Ann-Lynn Denker, PhD, ARNP Chair Board of Nursing Department of Health 4052 Bald Cypress Way, Bin C-02 Tallahassee, Florida 32399-3252
Findings Of Fact The parties stipulated to those factual findings set forth in paragraphs 1- 12, below. Stipulated Facts Petitioner's completed application was received by Respondent on February 15, 1990. The application was timely for admission to Respondent's licensure examination offered on April 19, 1990. The application was complete, free of errors or omissions and fully responded to all previous requests by Respondent for additional information or correction of errors or omissions. Respondent's board did not vote to admit Petitioner to the April 19, 1990 examination at its meeting on March 3-4, 1990. No communication was made to Petitioner by Respondent following that meeting to inform her that no action had been taken on the application, except to the extent it could be said to have been incorporated into the notice recited in paragraphs 4 and 7 below. Respondent's board did not meet again until April 27-28, 1990. On April 28, 1990, Respondent's board made a formal decision to deny Petitioner's application. On May 21, 1990, the board's decision to deny the application was orally communicated to Petitioner's attorney. On May 30, 1990, Respondent's Order Of Intent To Deny Petitioner's application was issued and signed. Subsequently, Respondent's Order Of Intent To Deny was filed with the agency clerk on June 6, 1990. A copy of Respondent's order was thereafter received by Petitioner on June 7, 1990. The oral communication of Respondent's denial of the application to Petitioner's attorney; issuance and signing of Respondent's order; the formal filing of the order with the agency clerk; and the receipt of Respondent's order by Petitioner all occurred more than 90 days after receipt of Petitioner's complete application on February 15, 1990. There were no special circumstances or conditions which hindered or prevented Respondent from processing the Order Of Intent To Deny or the delivery of notice of that order to Petitioner. The petition challenging Respondent's administrative action was timely filed. Petitioner's substantial interests have been affected by the challenged agency action. The parties stipulate that the issues in the Division Of Administrative Hearings (DOAH) Case No. 90-4259 be bifurcated and that Petitioner's contention that her application must be deemed approved upon satisfactory completion of the licensure examination under Chapter 120.60(2), Florida Statutes (1989) be considered first, inasmuch as determination of that issue may moot further proceedings. The parties stipulate that remaining issues in the case be stayed for later determination, if necessary. Other Facts Petitioner, Donna Ann Jennings, is a 34 year old resident of Tallahassee, Florida. She received a Bachelor of Science Degree in Health Education from the University of North Carolina and a Master of Arts Degree in Agency Counseling from North Carolina Central University. She is presently a candidate for a Ph.D. from Florida State University. Petitioner has practiced in the field of marriage and family therapy since 1980. She has served as an assistant and adjunct faculty member at Florida State University from 1985 through 1989, teaching in the areas of child development, marriage and family, and family systems. Presently, she serves as an adjunct faculty member at Tallahassee Community College. By correspondence to Petitioner dated January 26, 1990, following receipt of an application from Petitioner, Respondent deemed that application incomplete and requested additional information. Respondent's correspondence of January 26, 1990, stressed that the additional information had to be provided "and approved" no later than February 19, 1990, in order for Petitioner "to be scheduled" for the licensure examination to be given on April 19, 1990. As established by the parties' stipulation in paragraph 1., above, Petitioner's application which was subsequently filed on February 15, 1990, was complete, free of errors or omissions and fully responded to all previous requests by Respondent for additional information or correction of errors or omissions. No additional requests for information pertinent to the application were forwarded by Respondent to Petitioner between February 15, 1990, and the meeting of Respondent's board on March 3-4, 1990. The parties' stipulation regarding Petitioner's February 15, 1990 application, coupled with Respondent's January 26, 1990 correspondence to Petitioner, establishes that the failure of Respondent's board to consider the application at its March 3-4, 1990 meeting effectively deprived Petitioner of admission to the April 19, 1990 licensure examination and thereby affected her substantial interests. Respondent did not act with reasonable dispatch in regard to Petitioner's rights and privileges. Such failure on the behalf of Respondent is established by Respondent's action informing Petitioner of an application deadline (February 19, 1990) for admission to a particular licensure examination (April 19, 1990), and Respondent's stipulation that Petitioner met that deadline.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered by the Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling, granting Petitioner's application for licensure as a marriage and family therapist, subject to satisfactory completion of requisite examination requirements. DONE AND ENTERED this 16th day of November, 1990, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of November, 1990. APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Findings. 1.-16. Adopted in substance, though not verbatim. Respondent's Proposed Findings. 1.-12. Adopted in substance. COPIES FURNISHED: Frank J. Santry, Esq. P.O. Box 14129 Tallahassee, FL 32317 Linda B. Miles, Esq. Edwin Bayo, Esq. Assistant Attorney General Office Of Attorney General 1602 The Capitol Tallahassee, FL 32399-1050 Executive Director Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling Department of Professional Regulation The Northwood Centre 1940 N. Monroe St. Tallahassee, FL 32399-0750 Kenneth Easley, Esq. General Counsel Department of Professional Regulation The Northwood Centre, Suite 60 1940 N. Monroe St. Tallahassee, FL 32399-0750
The Issue Whether Hospice of Southwest Florida, Inc. has standing to initiate a challenge to the issuance of a license to Hospice of Charlotte, Inc.
Findings Of Fact The facts alleged in the petition, which for purposes of this Motion, are taken as true, are as follows: In a March 10, 1994 letter, the President of HOC notified AHCA that the Board of Directors met that day and decided to dissolve HOC, that the only patient receiving services had been transferred to another provider, and that HOC intended to accept no further referrals. On March 15, 1994, AHCA responded by "terminating the license of Hospice of Charlotte effective March 10, 1994." AHCA requested a copy of the minutes of the March 10th board meeting. On March 25, 1994, the President of HOC wrote to AHCA again, this time requesting review of his letter seeking dissolution, "for the purpose of re- opening our case." He said the Board, on March 10th, intended to restructure the operation and, on March 22nd, met again and approved an agreement to work with another home health agency. Referring in his letter to advice given him in a telephone conversation with agency staff, the President sent HOC licenses number 0046 and 00442 to AHCA. The licenses had April 30, 1994 expiration dates. The letter also stated that HOC and its new partner would re-apply for licensure. In May 1994, HOC requested the return of the renewal license fee sent in on March 3, 1994, for a license that was not pursued. In December, 1994, AHCA investigated an allegation that HOC was continuing to operate without a license and concluded by finding the allegation unconfirmed. HOC had no license after March 1994 until January 31, 1995, when AHCA issued License No. 5015-94 to HOC, effective from May 1, 1994 to April 30, 1995. On April 21, 1995, AHCA notified HOC that its license was void ab initio for failure to first obtain a certificate of need (CON). The following facts are taken from public records at DOAH and from documents submitted by HOC as attachments to the Motion In Opposition: On May 16, 1995, HOC filed a Petition For Formal Administrative Hearing challenging AHCA's April 21, 1995 action voiding its license. On June 1, 1995, the First District Court of Appeal issued an Order to Show Cause by June 7, why a petition to review non-final administrative action should not be granted, and required the agency to specifically address the authority of the agency to revoke HOC's license. On June 7, HOC and AHCA entered into a settlement agreement, pursuant to which HOC voluntarily dismissed its actions at DOAH and in the District Court, and AHCA withdrew its letter of April 21, 1995, and issued HOC a license effective May 1, 1995. There is no evidence in the record of HOC's CON status. Whether HOC has or ever had a CON, or was a grandfathered provider is not know.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency For Health Care Administration enter a Final Order dismissing the Petition For Administrative Hearing filed by Hospice of Southwest Florida, Inc. DONE AND ENTERED this 1st day of September, 1995, in Tallahassee, Leon County, Florida. ELEANOR M. HUNTER 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 1st day of September, 1995. COPIES FURNISHED: Michael O. Mathis, Esquire Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building 3, Suite 3431 Tallahassee, Florida 32308-5403 J. Robert Griffin, Esquire McFarlain, Wiley, Cassedy & Jones, P.A. 215 South Monroe Street Suite 600 Tallahassee, Florida 32301 Peter A. Lewis, Esquire Goldsmith & Grout, P.A. 307 West Park Avenue Post Office Box 1017 Tallahassee, Florida 32302-1017 R. S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building 3, Suite 3431 Tallahassee, Florida 32308-5403 Tom Wallace Assistant Director Agency For Health Care Administration 2727 Mahan Drive Fort Knox Building 3, Suite 3431 Tallahassee, Florida 32308-5403
The Issue Whether disciplinary action should be taken against the respondent, Tana Lee Hand, for an attempt to procure a license to practice nursing in the State of Florida by giving a false answer on an application form.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Administrative Complaint against tile respondent, Tana Lee Hand, be dismissed. DONE and ORDERED this 14th day of July, 1980, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Jeffery B. Morris, Esquire 2400 Independent Square One Independent Drive Jacksonville, Florida 32202 Robert J. Castellanos, Esquire 1528 Hendry Street Post Office Box 1999 Fort Myers, Florida 33902 Geraldine B. Johnson, R. N. Board of Nursing 111 Coastline Drive East, Suite 504 Jacksonville, Florida 32202
