The Issue Whether Respondents Adams Group Home, Inc., and Joyce Adams' ("Respondents") group home licensure renewal applications should be denied.
Findings Of Fact Parties and Background APD is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, and residential centers, pursuant to sections 20.197 and 393.067, Florida Statutes. Under section 393.063(19), a group home facility means a residential facility "which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents." The capacity of such a facility must be at least four but not more than 15 residents. Respondents are licensees of two group home facilities, known as Adams Group Home #1, located at 2400 Oleander Drive, Miramar, Florida 33023, and Adams Group Home #2, located at 7131 Southwest 16th Street, Pembroke Pines, Florida 33023. Respondents' group homes provide a family living environment within a residential, single-family structure with a combined total of not more than 12 adult residents with developmental disabilities. Joyce Adams is Adams Group Homes' corporate officer. Ms. Adams has been licensed through APD to provide group home services for 18 years. Group homes licensed by APD are required to apply for a renewal license every year. The renewal process involves a review of the applications to make sure they are accurate and complete and an observation by a licensing specialist at the facilities to ensure the facilities are in compliance with the applicable statutes and administrative rules. Every year prior to 2018, including 2014 through 2017, Respondents' group home licensure renewal applications for Adams Group Home #1 and Adams Group Home #2 were approved by APD. No evidence was presented at hearing demonstrating that Respondents have ever been the subject of any corrective action plan or proposed disciplinary agency action in the form of an administrative fine, suspension or revocation of a license, or moratorium on admissions, prior to APD's March 13, 2018, denial letter. The March 13, 2018, Denial Letter Against this backdrop, on December 20, 2017, Respondents submitted applications to APD for renewal of the licenses of Adams Group Home #1 and Adams Group Home #2, which were set to expire in March 2018. By letter dated March 13, 2018, APD notified Respondents of the denial of their group home licensure renewal applications. APD's grounds for the denial of the license applications are set forth in the denial letter in four counts. In Counts I and II, APD alleges the Department of Children and Families ("DCF") commenced investigations which resulted in DCF's verified findings of abuse, neglect or exploitation against Ms. Adams in February 2014 and December 2015, respectively. APD further alleges that based on section 393.0673(2), it "may" deny an application for licensure based solely on DCF's verified findings. In Count III, APD alleges Respondents used video cameras in the common areas in 2016 and 2017 without written consents for the common areas in violation of Florida Administrative Code Rule 65G-2.009(7), which constitutes a Class II violation. In "Count IIII," APD alleges that after Hurricane Irma struck south Florida on September 10, 2017, Respondents had "no power at the group home," Respondents utilized a "makeshift grill" less than ten feet from the structure, and failed to care for its residents. APD specifically alleges that on September 19, 2017, a resident of Adams Group Home #2 "was taken to the emergency room at Memorial Regional Hospital for confusion and fever." APD further alleges that Respondents' conduct described in "Count IIII" constitutes Class I violations, and that the conduct violates rule 65G-2.009(1)(d) with regard to the minimum standards of facilities to ensure the health and safety of the residents and address the provision of appropriate physical care and supervision; adhering to and protecting resident rights and freedoms in accordance with the Bill of Rights of Persons with Developmental Disabilities, as provided in section 393.13; and section 393.13(3)(a) and (g), relating to humane care, abuse, neglect, or exploitation. Count I The parties stipulated that on December 29, 2013, DCF commenced an investigation of Respondents' group homes, and that on February 25, 2014, DCF closed its investigation with verified findings of abuse, neglect, or exploitation on the part of Ms. Adams. APD was aware of DCF's verified findings upon completion of DCF's investigation. At hearing, APD provided no witnesses with first-hand knowledge of the specific facts involved in the violation. Instead, APD presented unsigned DCF investigative reports and a DCF supervisor's testimony regarding the general investigative process. At hearing, Ms. Adams explained the facts and circumstances surrounding the violation. Ms. Adams testified the incident involved M.K., a 41-year-old female resident of Respondents' group home since 2006, who is developmentally disabled. According to Ms. Adams, on Sunday, December 29, 2013, M.K. was taken by personal car to the emergency room at Memorial Hospital, Pembroke Pines, where she was admitted. Ms. Adams testified that M.K. had been coughing for a few days, and she had consulted with a nurse practitioner about M.K.'s condition on Thursday, December 26, 2013. However, M.K.'s condition had not improved by Sunday, she looked weak, and Ms. Adams did not want to wait until Monday for M.K. to be seen by a doctor. M.K. was transported to the hospital on Sunday, December 29, 2013, by a facility employee. Emergency (911) had been called for M.K. on approximately eight occasions prior to December 29, 2013. Ms. Adams persuasively and credibly testified she would not have hesitated to call 911 for M.K. if she felt it was necessary. On Monday, December 30, 2013, the next business day, Ms. Adams provided an incident report to APD. Ms. Adams also immediately notified M.K.'s waiver support coordinator. M.K. returned to Respondents' group home after her release from the hospital where she has continued to reside since then. Count II The parties stipulated that on November 4, 2015, DCF commenced an investigation of Respondents' group homes, and that on December 12, 2015, DCF closed its investigation with verified findings of abuse, neglect, or exploitation on the part of Ms. Adams. APD was aware of DCF's verified findings upon completion of DCF's investigation. At hearing, Ashley Cole, regional program supervisor for the southeast region of APD, testified about the facts and circumstances surrounding the violation. The violation involved the use of residents' funds to request a new support coordinator.1/ Specifically, in November 2015, Ms. Cole conducted a review of client files at one of Respondents' group homes, including a review of financial ledgers, and saw disbursements of money from three residents to an attorney, totaling $1,300.00. When asked about this by Ms. Cole, Ms. Adams explained that the funds were used to pay an attorney to write letters on behalf of the three residents requesting new support coordinators. The funds were used to benefit the three residents and the letters were written by Respondents' attorney on behalf of the three residents. At hearing, Ms. Cole testified that it is typical for an APD client or the client's guardian to request a new support coordinator, not the group home owner, and that it is not required that a request for a new support coordinator be in writing. Although it may not be typical for the group home owner to request a new support coordinator in writing on behalf of the residents, it is not prohibited by law. None of the three residents had guardians or family members to assist in the handling of their affairs. Ms. Adams testified that she had attempted to obtain assistance from the current support coordinator to act on the residents' behalf, but to no avail. Two of the residents still resided at Respondents' group home as of the beginning of 2018; the other resident died about a year after the incident for reasons unrelated to the written requests for a new support coordinator. Count III Delmarva Foundation, n/k/a Qlarant, has contracted with the State of Florida to evaluate the performance of group home providers such as those operated by Respondents. On May 31, 2016, Delmarva Foundation Quality Assurance Reviewer Martina Pocaterra performed an unannounced observation visit at one of Respondents' group homes. Ms. Pocaterra observed video cameras in the common areas of the group home. The next morning, Respondents provided consent forms from residents for use of cameras in the bedrooms, but not for use in the common areas of the group home. Because there were no consent forms signed by residents allowing the use of video cameras in the common areas, an alert notification form was submitted to APD. On October 3, 2017, Delmarva Foundation Quality Assurance Reviewer Michelle Ceville performed a provider discovery review at one of Respondents' group homes. On this occasion, Ms. Ceville observed video cameras in the common areas of the group home. Respondents again provided consent forms from residents for use of cameras in the bedrooms, but not for use in the common areas. Because there were no consent forms signed by residents allowing the use of video cameras in the common areas, an alert notification form was submitted to APD. The clear and convincing evidence adduced at hearing demonstrates that Respondents violated rule 65G-2.009(7)(a) and (b) by failing to obtain written consent of residents for the use of video monitoring equipment in the common areas. "Count IIII" On September 10, 2017, Hurricane Irma struck Florida. After the hurricane, APD contacted group homes to ensure that the homes had electricity, lights, and air conditioning, and that the homes were safe. On September 15, 2017, Adams Group Home, Inc., informed APD that Adams Group Home #2 had electricity and running water, and that Adams Group Home #2 residents had not been evacuated. On September 19, 2017, Kimberly Robinson, an APD human services program analyst, conducted a wellness check at one of Respondents' group homes. It is unclear from Ms. Robinson's testimony which group home she actually visited. However, Ms. Robinson observed that the home had air conditioning, and that "everything in the home was fine." On September 19, 2017, Pembroke Pines Assistant Fire Marshal Shawn Hallich visited Adams Group Home #2 and conducted an inspection. He testified that he "did a walk around real quick," and that on the enclosed outdoor patio on the back porch of the home, he noticed "a pot on two blocks with two pieces of wood and an open flame with charcoal, and something . . . being cooked on it." According to Mr. Hallich, the cooking device was located on the back patio "approximately, probably 10 feet from the sliding glass door, maybe a little bit less than that." Mr. Hallich did not use any device to measure the distance of the cooking device from the structure of the home. Mr. Hallich testified that the cooking device was a safety hazard because there was an open flame and there was nothing to prevent the cooking device from being tipped over or falling over on its own. During his inspection, Mr. Hallich also observed that there was no air conditioning inside the home. There was some electricity inside the home, but not enough voltage necessary for the air conditioning system to operate. However, there were fans located and operating in every room of the home, and the windows were open. Mr. Hallich testified it was hot, but he did not use any device to measure the temperature inside the home. Mr. Hallich also acknowledged that if the fans were on inside the home, the circulation would have made it feel cooler inside the home. On September 19, 2017, Mr. Hallich issued a Notice of Violation, stating the nature of the violation as: "No air conditioning and unsafe cooking practices being conducted." Mr. Hallich recommended the following action be taken: (1) "Must relocate all residence [sic] until all power has been restored[; (2)] All cooking must be conducted at least 10 feet away from the structure using a commercial cooking appliance." As to the violation found by Mr. Hallich with respect to the outside cooking device, Ms. Adams asked Mr. Hallich whether she could use it outside, and he told her that "it had to be 10 feet away from the structure for cooking." In issuing the Notice of Violation with respect to the cooking device, Mr. Hallich specifically relied on section 10.10.6.1 of the Florida Fire Prevention Code which provides as follows: For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any Balcony, under any overhanging portion, or within 10 ft (3 m) of any structure. Mr. Hallich's reliance on section 10.10.6.1 of the Florida Fire Prevention Code is misplaced because Adams Group Home #2 is a single-family dwelling. As a single- family dwelling, Respondents' group home is exempt from section 10.10.6.1. In any event, APD failed to present clear and convincing evidence that the cooking device was located within ten feet of the single-family dwelling. In addition, APD failed to present clear and convincing evidence that any residents of the group home were taken to the hospital or were not properly cared for by Respondents because of the lack of air conditioning. In sum, APD failed to present clear and convincing evidence at hearing to demonstrate a violation of rule 65G- 2.009(1)(d) and section 393.13.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that that the Agency for Persons with Disability enter a final order granting Respondents' applications for licensure renewal.3/ DONE AND ENTERED this 22nd day of August, 2018, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 22nd day of August, 2018.
The Issue This is an appeal from Resolution No. P60-99 of the Monroe County Planning Commission ("Planning Commission"), in which the Planning Commission approved the decision of the Monroe County Planning Department ("Planning Department") denying two applications for building permits submitted by the Appellants, Robert and Ruth Stoky ("the Stokys"). One application requested a building permit to reconstruct a screened porch and to build an elevated deck in the rear of the Señor Frijoles/Cactus Jack's restaurants, which are located at 103900 Overseas Highway, Key Largo, Florida; this application was assigned building permit number 99-3-857 ("permit number 99-3-857"). The second application requested a building permit to reconstruct a trellis as a separate structure associated with the Sundowner restaurant, also located at 103900 Overseas Highway, Key Largo, Florida; this application was assigned building permit number 99-3-858 ("permit number 99-3-858"). The instant appeal was forwarded by the Planning Commission to the Division of Administrative Hearings pursuant to Article XIV, Monroe County Code, the Hearing Officer Appellate Article, and Monroe County ("the County") has appeared as Appellee in this case. In their Initial Brief, the Stokys abandoned their appeal of the decision of the Planning Commission approving the Planning Department's denial of their application for permit number 99-3-858; therefore, the ultimate issue presented in this appeal is whether the Planning Commission's Resolution No. P60-99 should be affirmed, reversed, or modified with respect to the its decision approving the Planning Department's denial of the Stokys' application for permit number 99-3-857.
The Issue Whether Respondent properly denied Petitioner a standard developmental disability group home license because her facility is a "mobile home" as defined in Section 320.01(2), Florida Statutes.
Findings Of Fact Petitioner decided that she wanted to operate a group home for developmentally disabled clients. She wanted to locate the home on property that she owns at 630 South East 10th Street, Williston, Florida. Petitioner conferred with Respondent's staff before deciding whether to construct a site-built home or an off-site built home on the property. Respondent's licensing specialist referred Petitioner to Respondent's fire inspector. Respondent's fire inspector recommended that Petitioner consider using a Palm Harbor Home with certain improvements to the windows, floors, and roof. Specifically, the improvement included special strengthened roofing, special strengthened flooring, wallboard rather than plastic walls, fire alarms and detectors in every room, as well as wider windows. Petitioner decided to buy a four-bedroom/two-bath unit with over 2,000 square feet from Palm Harbor Homes. The home was manufactured by Palm Harbor Homes at its Plant City, Florida, factory in 2001. Each section of the home had a seal certifying that it was built in compliance with the Federated Manufactured Home Construction and Safety Standard Act. With the upgrades that Petitioner requested, the home cost Petitioner approximately $80,000. The home complies with or exceeds the United States Department of Housing and Urban Development standards. Petitioner took the house plans and pictures of the home to Respondent's licensing specialist who approved the home. The supervisor of the licensing specialist concurred because he was under the impression that the home was a "Jim Walter-type" modular home that met the criteria for group homes. Petitioner's fire inspector also approved the home. The fire inspector concluded that the home meets the high standards of the 2001 Fire Protection Code. In the meantime, Petitioner followed through with completing the paperwork for her application. Petitioner, with the help of Respondent's staff, proceeded to develop the required budget and paperwork for a Medicaid waiver. Petitioner's licensing specialist and fire inspector approved Petitioner's home, finding that it was suitable as a group home. Respondent granted Petitioner a conditional license on June 1, 2001. This license allowed Petitioner to operate for six months. In July 2001, Petitioner's first client moved in the home. Petitioner received several more client referrals. In September 2001, a second licensing specialist inspected Petitioner's group home. The second licensing specialist, who was not involved in issuing Petitioner's conditional license, conducted the routine inspection in anticipation of Petitioner receiving a standard developmentally disabled group home license. The licensing specialist concluded that the home was in fact a "mobile home," which cannot qualify as an approved structure for a group home. The licensing specialist took pictures of the home and of the State of Florida Installation Certification Label attached to the home. This label certifies as follows: [T]hat the installation of this mobile home to be in accordance with Florida Statutes 320.8249, 320.8325 and Rules of Highway Safety and Motor Vehicles, Bureau of Mobile Home and Recreational Vehicle Construction. Respondent's staff sought clarification from Respondent's headquarters regarding the status of Petitioner's home. By letter dated September 18, 2001, Respondent advised Petitioner that "mobile homes" as defined by Section 320.01(2), Florida Statutes, shall not be used for group home facilities. Respondent did not issue a standard license to the Petitioner. Petitioner's home, although a very high quality "manufactured home," still is a type of mobile home under Section 320.01(2), Florida Statutes. Petitioner's home meets all other licensing standards for developmental disability group homes except for the standard at issue in this case. On or about December 20, 2001, Respondent's district office staff requested a one-year waiver for Petitioner's group home. The written request indicates that Respondent's staff intended to seek a waiver for this home annually until a proposed rule allowing licensing of manufactured homes was promulgated. Respondent granted Petitioner the waiver on or about January 8, 2001. The waiver is valid through the 2002 licensure period. However, there is no guarantee that the Department headquarters will always grant the waiver.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent enter a final order denying Petitioner a standard developmental disability group home license. DONE AND ENTERED this 12th day of February, 2002, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of February, 2002. COPIES FURNISHED: Samuel Mutch, Esquire Mutch & Brigham, P.A. 2114 Northwest 40th Terrace Gainesville, Florida 32605 Lucy Goddard, Esquire Department of Children and Family Services Post Office Box 390, Mail Stop 3 Gainesville, Florida 32602 Peggy Sanford, Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
Findings Of Fact Morris A. Shashoua is a registered professional engineer and was so registered at all times here relevant. On or about June 1979 a set of plans were submitted to the Palm Beach County Planning Department for approval. These plans had part of the title block cut out which would have shown the name of the architect, and Respondent's stamp and signature was placed alongside this cutout block. The plans aroused suspicion in the Planning Department and upon checking their files it was discovered that the plans containing Respondent's certification were identical to plans previously submitted which had been prepared and certified by Gene C. Monarco, a registered Florida architect. In both cases, Darl Homes, Inc. was the builder seeking permits for construction of the residences. Monarco was unaware of and had not authorized Respondent to certify the plans for any residence to be built by Darl Homes, Inc. The Planning Department refused to issue the permit for these plans until they were certified by Monarco. Respondent acknowledged placing his seal on the plans knowing they had been prepared by Monarco, but claimed he was unaware of any violation of law in so doing. The copy of the plans had been brought to Respondent by an employee of Darl Homes, Inc., for whom the original plans had been prepared by Monarco, with the plea that Respondent place his seal on the plans to meet the builder's deadline which the architect could not accommodate. When he placed his name and seal on the plans, Respondent believed the architect's seal would be placed on the plans before the construction was begun and the architect would receive the compensation due him.
Findings Of Fact From May 1, 1985, through June 30, 1987, Respondent, John Gonzalez, was a registered general contractor and qualifying agent for Le-Go Developers, Inc., license-number RG-A02757. On his application for qualification of Le-Go Developers, Inc., respondent was required to list his individual address and the address of the business entity. To this end, respondent provided an individual address of 8435 Crespi Boulevard, Miami Beach, Florida, and a business address of Le-Go Developers, Inc., of 9840 S.W. 81st Street, Miami, Florida. On March 25, 1986, Ms. Selma Roberts contracted, through respondent, with Le-Go Developers, Inc., for certain repairs to an apartment complex owned by her, and located at 8415 Crespi Boulevard, Miami Beach, Florida. At the time, respondent was a tenant of Ms. Roberts. Pursuant to the terms of the agreement, Le-Go Developers, Inc., was to repair an existing dock for $700 and paint the railings in the apartment complex for $400. Ms. Roberts paid Le-Go Developers, Inc., $1,100 in advance for the work. At no time did Ms. Roberts and respondent discuss the need for a building permit to undertake the agreed upon work, and no permit was secured for the project or posted on the job site. The building regulation pertinent to this case provide: PERMITS REQUIRED It shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building structure, or any part thereof. . . without first having filed application and obtained a permit therefor, from the Building official.... EXCEPTION: No permit shall be required, in this or any of the following sections, for general maintenance or repairs...the value of which does not exceed one hundred dollars ($100.00) in labor and material as determined by the Building official. Permits, to be issued by the Building Official, shall be required for the following: (a) The erection or construction of any building or structure, the adding to, enlarging, repairing, improving, altering, covering, or extending of any building or structure. Respondent repaired the dock and painted the railings in the apartment house. The work was not, however, apparently to Ms. Roberts' satisfaction and she paid a third party $100 to correct the deficiencies she perceived. While the work may not have satisfied Ms. Roberts, there is no competent proof that respondent did not comply with the terms of the agreement, that the work was not performed in a workmanlike manner, or that the work did not conform to existing building codes. At some point during the spring of 1987, respondent moved from the apartment at 8415 Crespi Boulevard to a new residence, and permitted his license to lapse. Respondent did not notify petitioner of his new residence address until he applied to reinstate his license in April 1988, as discussed infra. The petitioner's records demonstrate that respondent's license was on a delinquent status for non-renewal from July 1, 1987, until his application to change the status of his license and reinstate his license was approved May 23, 1988. In his application, dated April 4, 1988, respondent listed his residence address as 8440 Byron Avenue, Miami, Florida.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered imposing a reprimand and administrative fine in the sum of $250 against respondent. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of August, 1988. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1988. APPENDIX Petitioner's proposed findings of fact are addressed as follows: 1. Addressed in paragraph 3. 2 & 4. Addressed in paragraph 4. 3. To the extent pertinent, addressed in paragraph 1. 5-7. Addressed in paragraphs 7 and 8. 8-9. Addressed in paragraph 5 and paragraph 2 of the Conclusions of Law. 10. Addressed in paragraph 9. COPIES FURNISHED: Belinda H. Miller, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Mr. John Gonzalez 8440 Byron Avenue, #1 Miami, Florida 33167 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
