Findings Of Fact At all times pertinent to the issues herein, the Department of Health and Rehabilitative Services was the state agency in Florida responsible for the licensing of family child day care centers in this state. Respondent, Elizabeth Horton, has, since before January 31, 1992, operated the Little Darling Horton-Cotton Family Day Care at 3710 11th Street East in Bradenton, Florida. The location is Mrs. Horton's home, and she resides there with Alfrader L. Cotton, her companion, Craig E. Horton and Sheldon G. Horton, her sons, and Tangela D. Horton, her daughter. In January, 1992, Mrs. Horton submitted an application for a license to operate a family day care center at the stated location and listed the others noted above as residents. Thereafter, on July 9, 1992, June 28, 1993, July 11, 1994, July 18, 1994 and December 21, 1995, Mrs. Horton submitted application forms for renewal of her license. On each of the renewal application forms, those same individuals were listed as residents of the home. Mrs. Horton's brother, L. H., was not listed as a resident or in any capacity on any of the application forms. On or about December 3, 1993, a report of abuse of a minor female, A. M., born on February 12, 1984, was received in the Department. The substance of the allegation was that A. M., along with her little brother, born on March 6, 1985, were placed by their mother at the Respondent's home from about 5:00 PM until early the next morning each week night, while their mother was at work. The report further alleged that Mrs. Horton's brother, L. H., had molested A. M. while she was staying in the Horton home. He was alleged to have awakened her in the middle of the night while she was asleep in the Horton daughter's bedroom on the pretext of taking her to the bathroom, but fondled her breasts and vaginal area. This report was investigated by personnel of the Department and was classified as verified. A report of neglect was entered against Mrs. Horton arising out of her failure to supervise the children and a Hearing Officer from the Division of Administrative Hearings, after a formal hearing pursuant to Section 120.57(1), Florida Statutes, entered a Recommended Order recommending that the Department enter a Final Order amending the proposed confirmed report to a classification of unfounded and expunging Mrs. Horton's name from the case record and all Department records. The Hearing Officer found, however, that L. H. had committed the abuse, and this determination was subsequently affirmed by the Secretary of the Department in the Final Order entered in this case. In 1989, L. H. was found guilty in the Circuit Court in Manatee County of lewd and lascivious acts in the presence of a child eleven years of age or younger, in violation of Section 800.04, Florida Statutes, a felony, and was sentenced, among other things, to community control for two years followed by seven years probation. After his arrest for the assault on A. M., on June 28, 1995, his prior sentence was increased to seven years in prison. He was also tried in Circuit Court for Manatee County for sexual battery, and was, on that same date, sentenced for the second offense to life imprisonment, with the provision he serve no less than twenty-five years. Whenever an individual is issued a license to operate a family day care center, that person is provided with a copy of a handbook containing the rules of the Department of Health and Rehabilitative Services relating to the licensing and operation of those facilities. Included within that pamphlet is a copy of Department rule 10M-10.002, dealing with personnel, which requires that all persons who are members of the operator's family or who reside in the day care home must be screened as must be persons providing substitute care in the absence of the operator. The evidence regarding the status of L. H. is contradictory. A. M. indicates that L. H. would be at the center from about 10:00 PM at night, after Mrs. Horton picked him up at work; would be there when she, A. M., went to bed at some time after 9:00 PM and before 11:00 PM; and, most of the time, would also be there then next morning, having spent the night in the bedroom of Mrs. Horton's son, Craig. A. M. cannot recall if L. H. ate his meals at the Horton home or took his showers there, but she recalls that he did cook there several times. She never saw him change or wash his clothes there and she never saw any of his clothes in the closet. Though she contends she was never left alone with L. H. by Mrs. Horton, she claims she was touched on her private parts by him on several occasions in the early hours of the morning, while the others in the house were sleeping. A. M.'s mother does not know if L. H. lived at the Horton child care center or not. He was there sometimes at night when she dropped the children off, and he was always there when she picked them up the next morning. To the best of her knowledge, the children were never left alone with him. Mrs. Horton, on the other hand, while admitting she knew that her brother had been convicted of a felony regarding a sexual offense against a minor child, categorically denies that L. H. lived at her home. She admits that he visited there from time to time and admitted to Ms. Winfrey, the child care supervisor from the Department, that he spent the night there from time to time as well. According to Mrs. Horton, L. H. lived with their parents in a home in the next block east on 11th Street East. Respondent admitted at hearing to picking him up from work around 9:00 PM at times, but not regularly. She contended at hearing he would come to the house to watch TV and to play games with her son, but rarely did he stay and never did he spend the night. The probation officers who visited L. H. would sometimes come to her house to see him but would never come in. None of the probation officers ever said anything to her about L. H.'s being at her home with children being present. At no time until the report of abuse was filed did she have any idea that L. H. was behaving improperly with any children in her charge. When she found out what he had done, she told him not to come back to that house. Mrs. Horton's daughter, age 17, claims that L. H. did not live at the care center at any time. He did not wash his clothes there or do anything which indicated he lived there. Since she was older, she stayed up later than A. M., going to bed around 10:00 PM or so. As she recalls, L. H. would usually leave the house about 10 or 11:00 PM and she would see him leave often. She did not often go to bed while he was still there. Taken together, the evidence establishes that while L. H. may not have resided at the house on a permanent basis, he was there frequently enough to be considered a member of the family as defined in the Department rules.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Health and Rehabilitative Services enter a final order denying Elizabeth Horton renewal of her license to operate a family day care center. DONE and ENTERED this 8th day of October, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1996. COPIES FURNISHED: Raymond R. Deckert, Esquire Department of Health and Rehabilitative services, Room 500 400 West Dr. M. L. King, Jr. Boulevard Tampa, Florida 33614 Elizabeth Horton 3710 11th Street East Bradenton, Florida 34208 Alfrader Cotton Qualified Representative 3710 11th Street East Bradenton, Florida 34208 Gregory D. Venz Agency Clerk Department of Health and Rehabilitative Services Building Number Two, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard Doran General Counsel Department of Health and Rehabilitative Services Building Number Two, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue in this proceeding is whether Petitioner's request for an exemption from disqualification pursuant to Section 435.07, Florida Statutes, should be granted.
Findings Of Fact At all times material to this proceeding, Petitioner was employed by the City of Jacksonville, Division of Parks and Recreation (the City). She has been employed there for over 25 years. When first employed by the City, she was a recreation leader. While in this position, Petitioner organized and planned after-school programs for children. When promoted to senior recreation leader, her contact with children was diminished somewhat, as her duties became more supervisory. She was a recreation leader and senior recreation leader for the first 24 years of her employment with the City. Petitioner currently serves in the capacity of recreation supervisor. In this position, Petitioner is responsible for supervising and managing recreation leaders and other employees. Her direct contact with children is considerably less then in her previous positions. Her actual appearance at recreation sites where children are present is approximately eight hours per work week. Her listed duties in her job description include, "visits assigned areas to observe activities and monitor safety and adequacy of facilities; evaluate effectiveness of activities in assigned program area." One such program is called "Club Rec" which is an after-school program located at 13 sites around the City of Jacksonville. In November 2000, Petitioner occasionally spent the night at Brenda Rollins' home but did not reside there. On November 5, 2000, Petitioner entered into an altercation with Ms. Rollins at Ms. Rollins' home. During the altercation, Petitioner and Ms. Rollins were pulling and pushing each other. Petitioner grabbed Ms. Rollins' hair and pulled some hair from Ms. Rollins' head. On November 5, 2000, Petitioner was arrested and charged with domestic battery as defined in Section 784.03, Florida Statutes (1999). At the time of the arrest, Ms. Rollins informed the arresting police officer that she and Petitioner were sisters. Although they were close friends and occasionally referred to each other as sisters, Petitioner and Ms. Rollins are not related. On November 6, 2000, she entered a plea of no contest and was adjudicated guilty of domestic battery, a misdemeanor. She was ordered to serve two days with two days' credit and was placed on 12 months' probation, with the following conditions: attend a family violence intervention program, pay court costs, and discontinue contact with the victim. Petitioner's probation was terminated early on May 3, 2001.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That the Department of Children and Family Services enter a final order rescinding its Notice of Disqualification from Continuing Employment as Child Care Personnel or in the alternative, granting Petitioner an exemption from disqualification. DONE AND ENTERED this 7th day of June, 2002, in Tallahassee, Leon County, Florida. BARBARA J. STAROS 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 7th day of June, 2002.
The Issue The issue is whether Petitioner's request for an exemption from disqualification from employment in a position of special trust should be granted.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: This case involves a request by Petitioner, Sylvan L. Stahl, Jr., for an exemption from disqualification from employment in a position of special trust. If the request is approved, Petitioner's wife would be allowed to operate a child day care center in her home, a position she is now barred from holding because her husband has a disqualifying offense and lives in the same household. Respondent, Department of Children and Family Services (DCFS), is the state agency charged with the responsibility of approving or denying such requests. In a preliminary decision entered on February 13, 1998, a DCFS committee denied the request. Petitioner is now barred from employment in which he would have contact with children because of a disqualifying offense which occurred in September 1989. At that time, Petitioner was arrested in Citrus County, Florida, for the offense of armed robbery, a felony under Chapter 812, Florida Statutes (1989). Although the documents pertaining to the offense were not made a part of this record, Petitioner established that in September 1989, he attempted to rob a bank with a firearm. Under a plea bargain arrangement with the prosecutor, he pled guilty to the charge and was sentenced to four and one-half years in prison, to be followed by ten years of supervised probation. Petitioner served only the three-year mandatory minimum sentence, and he then successfully completed his probation after only three years. No person was injured during the incident. After being released from prison, Petitioner worked for three years with a pallet firm owned by his father, rising to the position of supervisor. During his three-year tenure with the firm, Petitioner increased the size of the company from five to twenty employees. For the last six months or so, Petitioner has been employed by Emergency One, an Ocala firm which manufactures fire trucks. He also has a second job with his brother-in-law's landscaping firm. The two jobs require that Petitioner begin his work day at 7:00 a.m. and that he continue working until 1:30 a.m. Petitioner's wife intends to operate a small day care center out of the family home. It is fair to infer that due to Petitioner's lengthy working hours, he will spend little, if any, time at his home while the children are entrusted to his wife's care. Since his arrest and plea of guilty almost nine years ago, Petitioner has had no other blemishes on his record. He has been steadily employed since 1994 in positions of responsibility. Petitioner is married to a minister's daughter, has a young child, and has recently purchased a new home. Letters received in evidence corroborate the testimony of him and his wife that he will pose no threat to children if the exemption is granted. Petitioner expressed remorse for his actions in 1989, calling his conduct "stupid," and indicating he was "confused" at that time. Given his continuous employment history, good conduct during his shortened probation period, stable family life, and the time elapsed since the disqualifying offense, it is found that Petitioner is sufficiently rehabilitated to justify granting the exemption.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Children and Family Services enter a final order granting Petitioner's request for an exemption from disqualification from employment in a position of special trust. DONE AND ENTERED this 14th day of May, 1998, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1998. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204Z 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard A. Doran, Esquire Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Sylvan L. Stahl, Jr. 11848 Southeast 71st Avenue Road Belleview, Florida 34420 Ralph J. McMurphy, Esquire Department of Children and Family Services 1601 West Gulf Atlantic Highway Wildwood, Florida 34785
The Issue The issue in this case is whether Respondent should approve Petitioner's registration to operate a family day care home.
Findings Of Fact The Parties Petitioner is a 25-year-old female who admittedly has been providing unlicensed child day care in her home for the past several years. While she has no formal training in child care, she has been employed in the child care field for many years and obtained her GED in 1995. Petitioner has been married to her husband, A.P., for six years, and they live together. Respondent is the state agency responsible for regulating child care facilities pursuant to Chapter 402. The Application On September 18, 2002, Petitioner submitted an application to Respondent seeking licensure to operate a registered family day care within her home located at 6351 Redwood Oaks Drive in Orlando, Florida. Respondent processed the application and effectuated the required background screening of the individuals living within the household, including Petitioner and A.P. The screening of Petitioner revealed that on October 3, 2000, a young girl, living within Petitioner's home and under her supervision, was removed following a report to the abuse hotline and the subsequent investigation by Donald Griffin, a protective services investigator employed by Respondent. The screening of A.P. revealed that he was arrested in October 2000 on charges of lewd, lascivious assault or act on a child; prostitution; lewd or lascivious molestation; renting space to be used for prostitution; and lewd or lascivious conduct. The screening further revealed that on May 15, 2002, the State Attorney's Office determined that the case was not suitable for prosecution and filed a "No Information Notice." Upon receipt and consideration of the screening results, Respondent denied Petitioner's application on January 23, 2003, advising her that: . . . the Department is unable to approve your application to operate a family day care due to safety concerns for children that may be placed under your care for the following reasons: Background screening revealed that a child was removed from your care following an allegation of abuse or neglect. Background screening revealed that a member of your household lacks moral character due to their arrest record involving minors which would place the children at risk of harm. With respect to Petitioner's screening results, Petitioner admits that a child was removed from her home, but alleges that the removal was at her request. Petitioner denies any allegation of abuse and insists that the removed child, her friend's daughter, was "extremely unruly and too difficult to handle." As a result, Petitioner claims that she requested that Respondent remove the child and Respondent complied. Respondent's investigator, Mr. Griffin, testified otherwise. Investigator Griffin stated that he personally investigated Petitioner following a report to Florida's child abuse hotline. He separately interviewed both Petitioner and the child and noticed clear bruises and welts on the child. Investigator Griffin determined that Petitioner's home was not suitable for the young girl and removed her from the residence. Mr. Griffin's testimony was more credible. No evidence was offered to support Petitioner's assertion. With respect to the screening results of A.P., Respondent presented compelling evidence that A.P. lacks the requisite good moral character. First, Respondent demonstrated and Petitioner admits that A.P. occasionally gets angry and lacks self-control. In fact, the local police department has responded to domestic disturbance calls from the family home on at-least two occasions. In addition, the evidence surrounding A.P.'s arrest demonstrates that A.P. lacks good moral character. Specifically, A.B., the alleged victim of A.P., credibly testified at hearing that in October 2000, at age 12, she and her minor female friend, L.M. were walking near their school during the early evening when an unknown black male, later identified as A.P., driving a green sports utility vehicle, offered them a ride. The female minors entered his S.U.V. and were taken to a convenience store and then to a hotel. A.B. testified that while in the hotel room, the male inappropriately touched her butt, pushed her on the bed and solicited her to have sex with him for money. A.B. said "no" to his offer and asked him to stop. Shortly thereafter, the male departed the hotel and abandoned the girls in the hotel room with the room key. The police were contacted and investigator Rick Salcido conducted an investigation. After interviewing the girls, Mr. Salcido acquired physical evidence at the hotel linking A.P. to the room and supporting A.B.'s allegations. He retrieved a copy of A.P.'s driver's license and hotel credit card used at check-in from the hotel manager. In addition to the physical evidence linking A.P. to the hotel, A.B. positively identified A.P.'s photo as the perpetrator. Moreover, the investigator determined, and Petitioner admits that A.P. owned and drove a green sports utility vehicle at the time of the alleged incident. While Petitioner asserts that she and A.P. were out of town and on vacation on the date of the incident, she admits that they returned home at approximately 7:00 p.m. that evening. Although A.P. was subsequently arrested, the State Attorney's Office later declined to prosecute and filed a "No Information Notice." At hearing, counsel for A.P. indicated that the statute of limitations had not expired and A.P. invoked his Fifth Amendment privilege to remain silent. A.P. declined to testify and answer questions related to his moral character and the circumstances of his arrest.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioner's application for a registration to operate a child care facility. DONE AND ENTERED this 29th day of August, 2003, in Tallahassee, Leon County, Florida. S WILLIAM R. PFEIFFER 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 29th day of August, 2003. COPIES FURNISHED: Richard Cato, Esquire Department of Children and Family Services 400 West Robinson Street, Suite S-1106 Orlando, Florida 32801-1782 Jeremy K. Markman, Esquire 800 North Ferncreek Avenue Orlando, Florida 32803 Paul Flounlacker, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Jerry Regier, Secretary Department of Children and Family Services Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue to be resolved in this proceeding concerns whether the Petitioner's license to operate a family day care home should be denied based upon the reasons asserted in the denial letter.
Findings Of Fact The Petitioner, until denial of licensure, owned and operated a licensed day care facility, licensed under Chapter 402, Florida Statutes. The Respondent is an agency of the State of Florida charged, in pertinent part, with administering and regulating the statutory and regulatory provisions governing entry into and licensure of the business of operating day care facilities and with regulating the practice of day care facilities and operators such as the Petitioner. Witness Tamika McConner is the mother of a child who was placed by Ms. McConner in the Petitioner's day care facility under Petitioner's care at the time pertinent hereto. Ms. McConner maintains that the Petitioner struck her child with a sandal while they were in the Petitioner's car or van on one occasion and that the Petitioner did not see to it that the child ate properly or at the proper times while in her facility. The Petitioner denies these occurrences or indications of improper child care. The evidence show that there is a hostile relationship between Ms. McConner and the Petitioner, apparently stemming from a check written by Ms. McConner for services to the Petitioner which was returned for insufficient funds and concerning which they apparently had a dispute. Under these circumstances, it is not found that Ms. McConner's testimony is preponderant evidence to establish that the occurrences she related actually happened. Moreover, as near as can be gleaned from the paucity of concise pleadings of the agency's allegations, this incident or incidents was not the subject of the report which led to license denial. On or shortly before October 3, 1996, an abuse report was received by the above-named agency concerning a child T.S. T.S. was enrolled in the care of the Petitioner in her day care center. An incident occurred that day when the Petitioner was taking the children in her charge to the Regency Mall for shopping. While at the mall, when the Petitioner was in a store shopping with the children, the child T.S. got to close to her and almost knocked something over on a shelf in the store. The Petitioner maintained that the child was so close to her that she contacted him when she turned around and it caused her to lose her balance and start to fall with the result that she reached out, accidentally knocking the child to the floor. Instead, however, witness Quinones testified and at least one witness in the store verified to the Department's investigator (see Respondent's exhibit 5 in evidence and the testimony of Mr. Gore) that the Petitioner struck the child in anger and knocked him to the floor. Ms. Quinones testified that the child didn't cry but was visibly shaken and Ms. Quinones was concerned that the Petitioner appeared to lose control of her temper on that occasion. Witness David Gore of the Department of Children and Family Services is in the business of inspecting and licensing child care facilities and has owned and operated a child care facility himself. He inspected the Petitioner's facility and found deficiency problems involving immunization records, some sanitary conditions, inoperative smoke detectors and hazardous household products left in reach of children, an incomplete first aid kit and paint and lumber left in the play area. The paint and lumber was there temporarily for the purpose of building a swing set for the children. The deficiencies were promptly corrected by the Petitioner. These deficiencies, however, were not the basis for the notice of licensure denial to the Petitioner however. Witness Roxanne Jordan testified on behalf of the Petitioner. The Petitioner cares for her child or did before the licensure problem arose and said she never had a problem with the Petitioner's care for her child nor did she observe any deficiencies or improprieties in the care of other children she observed at the Petitioner's facility. Ms. Jordan's describes the Petitioner as an excellent caregiver for children. This testimony is corroborated by substantial number of "testimonial letters" from people who have experience with her child care activities, in evidence as "corroborative hearsay." These served to establish that indeed the Petitioner is a caring, compassionate keeper of children in the operation of her day care facility and in the course of her duties baby-sitting for friends' children before she was licensed as a day care facility operator. The Petitioner is in earnest about pursuing the profession of child care and becoming re-licensed to do that. The Petitioner has demonstrated a long-standing interest and aptitude for caring for children. Indeed, in the last two years, she has earned approximately 55 hours of educational training at Florida Community College in Jacksonville in courses generally applicable to the profession of child care. The direct, competent evidence of record and the corroborative hearsay evidence in the form of testimonial letters, from people who have experience with her child care skills and her personality, establish that she has been, in most ways, a competent child care facility operator and caregiver for children and has the capability of becoming more so. In order to justify her re- licensure, however, she must demonstrate a willingness to and a capability of controlling her anger and enhancing her positive child discipline skills.
Recommendation Accordingly, in consideration of the greater weight of the evidence, supportive of the above findings of fact and these conclusions of law, it is
Findings Of Fact The Parties HRS receives federal funds through the Social Services Block Grant for the purpose of purchasing child day care services for certain clients of the agency. HRS District V issued its RFP for those services for fiscal year 1986/1987 on March 28, 1986. The statement of purpose for the RFP provides: The Department is requesting proposals to provide child day care services in Pasco and Pinellas Counties through one or more central agencies as defined in the Rules of the Department of Health and Rehabilitative Services, Chapter 10M-11, Section 11.02[sic] and HRSM 175-14. It is the Department's intent to contract with no more than three (3) central agencies. A potential provider may submit a proposal to provide services in any or all of the following components: The development and provision of infant care, preschool care and school age care in predominantly rural Pasco County. The provision of preschool care and school age care in predominantly urban Pinellas County. The provision of infant care in Pinellas County that is compatible with the unique county licensing program requiring the care of infants in family day care homes. Since only two infants may be in care in each home, a minimal percentage of pre- schoolers will be allowed in this com- ponent. * * * [Respondent's Exhibit #1, p3-4] On April 29, 1986, proposals were received as follows: Project Playpen proposed providing infant and some preschool care in Pinellas County with administrative costs of 4 percent. Latchkey proposed to provide all three components with administrative costs of 12 percent. RCMA proposed providing infant, preschool and school age care in Pasco County with administrative costs of 11 percent. Project Playpen has been providing infant and some preschool care in Pinellas County since 1972. Latchkey has provided after school and some preschool care in Pinellas County for seven years, and has provided after school care in Pasco County for two years. Also for two years Latchkey has provided the infant and preschool care in Pasco County through a subcontract with RCMA. Latchkey is a central agency in District V. After the proposals were received, the HRS evaluation committee met to distribute evaluation sheets and copies of the proposals to its five members. The members then individually reviewed the proposals. On May 5, 1986, the committee met again to resolve areas of doubt and determine the final score for each proposal. As to the Pasco County component the total score derived for RCMA was 384 points; the total score for Latchkey was 355.4; the total available score was 410. Signature Authority The RFP addresses the need for an appropriate signature on the proposal in two places: On page 16, Paragraph L., "Required Copies of the Proposal", sub- paragraph 2. provides, All copies must bear the original signature of an official of the provider agency who is authorized to bind the Provider to the proposal. If the signature is that of an agency, individual other than the President or Chief Executive Officer of the Board, the proposal must be accompanied by a written delegation of authority from the governing board. On page 23, in the proposal evaluation check list, paragraph 1., "Proposal Requirements" provides "(Any one 'No' statement for the following items will automatically disqualify the proposal)." Subparagraph C, on page 24, asks, "Is the proposal signed by a duly authorized officer of the applicant organization?" [Respondent's Exhibit #1] The RCMA proposal was signed by Wendell N. Rollason as Executive Director. He is not a member of the RCMA state board of directors and the proposal did not include a separate board statement of authority. The organizational chart and position description included in the proposal indicate that the Executive Director alone is responsible directly to the Board of Directors. Through delegation or directly, he supervises all RCMA staff. He must keep the RCMA Board fully informed but must [A]ssume and accept full responsibility for all activities, planned or not of the Redlands Christian Migrant Association and its several subdivisions." [Respondent's Exhibit #5, pp. 187-188] The evaluation committee assumed that Mr. Rollason was the chief executive officer, as there was nothing to indicate otherwise and the position description defined a very authoritative position. [tr. - 70] After Latchkey's protest raised the issue of signature authority, the President of the RCMA board, Wm. H. Krome, executed an affidavit stating: May 27, 1986 To Whom It May Concern: For much of the past twenty years I have been associated with Redlands Christian Migrant Association, Inc. as a Board Member. For the last six years I have served as President. I have participated in each writing or rewriting of the Corporation's By-Laws, the latest being two years ago. In 1966 , we employed Mr. Wendell N. Rollason as our corporation's chief executive officer, with the appropriate title Executive Director. It seems unnecessary to add that he is the chief executive officer of the Board, of the senior staff, of the programming and any and all functions and appendages of the Corporation. That is exactly what the use of "Corporation" in the below quoted R.C.M.A. By-Laws means: Article IV Section 2 Paragraph (b) Select or dismiss the Executive Director of R.C.M.A. who shall have responsibility of the day-to-day operations of said Corp- poration without interference by State Board or Directors or its individual members. I might add in all of R.C.M.A.'s dealings with agencies, colleges, or local, state, and federal authorities this is the first time Mr. Rollason's full authority as chief executive officer of the R.C.M.A. and its Board of Directors has ever been challenged. [Petitioner's Exhibit #1] The RCMA by-laws provide for the Board to approve a maximum dollar amount for contracts which may be negotiated and executed by the Executive Director without prior approval, and the Board may authorize the Executive Director to sign contracts annually for ongoing renewable contracts. [Pet. Ex #3, p3] Central Agency The RFF sought proposals from central agencies as defined in HRS rule 10M-11.002 Florida Administrative Code. That rule provides that "central agencies" are "...agencies which operate or subcontract to [sic] three or more centers and render administrative, supervisory, training and technical assistance activities necessary to insure the provision of services at the required level of standards." HRS considers RCMA a central agency. It operates as a central agency in several areas of the state and operates far more than three child care centers throughout the state. It also provides administrative, supervisory, training and technical assistance activities. [tr. - 105, Respondent's Ex #5] School Age Child Care Component RCMA's discussion of school age child care in Pasco County was minimal and the proposal lost points accordingly. [tr - 49]. However, the component is addressed in the proposal. The preference of RCMA was that Latchkey continue its existing school programs as part of Latchkey's proposal, but if that were not feasible RCMA would seek to continue the established programs. [Respondent's exhibit #5, p. 12] Under program objectives, RCMA states that it will expand types of child care services to include school age care as necessary as need is determined by waiting lists. [Respondent's Exhibit #5, p. 18] Data from the 1985 waiting lists indicates that the need for expanded school age care is miniscule (5 percent), compared to preschool (64 percent) and infant Care (31 percent). [Respondent's exhibit #5, pp 40-43] Evaluation of Latchkey: Component vs. Overall The RFP is explicit with regard to HRS' intent to enter into up to three contracts for child care in District V. Its instructions to bidders provide that complete proposals are not necessary for each component but that certain portions of the RFP must be addressed separately for each component. [Respondent's Exhibit #1, pp3, 17] At the bidders' conference attended by Linda Morelock, Latchkey's Executive Director, HRS' representative did not indicate the Department was soliciting an overall proposal rather than the components called for in the RFP. [tr. - 63] At the conference Linda Morelock asked whether the submittals had to be separate packages or could they be included in one notebook for more than one proposal. She was referred to page 17 of the RFP, and was told that the proposals could be packaged together so long as the sections within the package were clearly indicated. [tr. - 44,45] HRS does not, in any district in the state, limit its contracts for child care to a single central agency. There are three central agencies in Palm Beach County alone. [tr. - 106] Latchkey characterized its proposal as an "overall" proposal for all three components in the RFP. It contends that its proposal should have been scored as a whole, rather than by each component.
