Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence and the entire record compiled herein, I hereby make the following findings of fact: The Respondent, Boley Manor, Incorporated, is licensed to operate Boley Manor Group Home #1, 214 Fourth Avenue South, St. Petersburg, Florida, as an Adult Congregate Living Facility in compliance with Chapter 400, Florida Statutes. On August 13, 1984, Mr. Mike Morris, a Fire Protection Specialist from the Department of Health and Rehabilitative Services, Office of Licensure and Certification, conducted a survey of Boley Manor Group #1. During the survey, Mr. Norris observed that the facility was using an area below the stairway as a storage space for several items, including linens, boxes and a metal trunk. An exit conference was conducted by Mr. Morris with two representatives of the facility, Ms. Moulton and Ms. Murphy. Mr. Morris told Ms. Murphy and Ms. Moulton that the combustible items under the stairway had to removed. A deadline of October 1, 1984, was established in conjunction with the facility by which time the space under the stairway would no longer be used for storage of combustible items. The representatives of the facility were told that the metal trunk was not a combustible item and could remain under the stairway. Subsequent to the initial survey and exit conference, the Respondent was mailed a list of the deficiencies noted during the survey and suggested action required for correction. The list contained other deficiencies not related to the fire safety aspect of the survey. In regard to the deficiency concerning stairway storage, the document read as follows: "A. Space under stairway used for storage. (Action to correct: Remove storage from under stairway)." On March 14, 1985, Mr. Bernard Dunagan, Fire Protection Specialist with the office of Licensure and Certification, conducted a follow-up survey of Boley Manor Group #1 and observed that the metal trunk was still stored under the stairway. Thereafter, the Respondent was cited with the alleged deficiency set forth in the Administrative Complaint. When the nature of the deficiency was clarified in March of 1985, the Respondent removed the trunk from under the stairway. All of the other deficiencies, not related to the fire safety aspect of the survey, had been corrected or were being corrected by Respondent. Mr. Mike Morris is no longer employed as a Fire Protection Specialist with the office of Licensure and Certification.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED that a final order be issued dismissing the Administrative Complaint. DONE and ORDERED this 29th day of April, 1986 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day April, 1986. COPIES FURNISHED: Carol Wind, Esquire HRS District V Asst. Legal Counsel 2255 East Bay Drive Clearwater, Florida 33546 Donna Varnadoe Residential Program Boley, Inc. 1236 Ninth Street North St. Petersburg, Florida 33705 William "Pete" Page, Jr. Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 Steve Huss, Esquire General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 APPENDIX 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. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1. Addressed in Conclusions of Law Section of R.O. Adopted in Finding of Fact 2. Adopted in Finding of Fact 3. Partially adopted in Findings of Fact 4 and 5. Matters not contained therein are rejected as not supported by competent substantial evidence. Partially adopted in Findings of Fact 5. Matters not contained therein are rejected as not supported by competent substantial evidence. Partially adopted in Finding of Fact 7. Matters not contained therein are rejected as not supported by competent substantial evidence. Rulings on Proposed Findings of Fact Submitted by Respondent Salutatory remarks and not a finding of fact. Adopted in findings of fact 2-8. Addressed in Recommendations Section of R.O.
Findings Of Fact Petitioner, Warren Lodge, is licensed to operate Paskow Lodge Retirement Residence, 5821 N.W. 28th Street, Lauderhill, Florida as an Adult Congregate Living Facility. The Respondent, Department of Health and Rehabilitative Services, conducted an administrative inspection of Paskow Lodge Retirement Residence on February 2, 1985. At the conclusion of the inspection, the Respondent was given written notice of a list of deficiencies noted during the inspection. The Respondent was given until April 5, 1985 to correct the deficiencies. On September 12, 1985, the Petitioner conducted a follow-up survey of Paskow Lodge Retirement Residence. Although several of the deficiencies previously cited were corrected, many of them had still not been corrected. DEFICIENCIES PREVIOUSLY CITED ON FEBRUARY 2, 1985, AND UNCORRECTED ON SEPTEMBER 12, 1985 The Respondent failed to keep on file in the facility up-to-date daily records for residents who received supervision of self administered medications. Respondent allowed medications to be administered by unlicensed staff members during evening hours. Respondent failed to arrange exits remote from each other and in such a manner as to minimize any possibility that more than one exit might be blocked by any one fire or emergency. Respondent failed to document that therapeutic diet service was being provided although at least one facility resident had a physician's order for a 1500 calorie diabetic diet on file. Respondent failed to demonstrate that menus were planned in accordance with the recommended dietary allowances established by the Food and Nutrition Board National Research Council. Adequate amounts of meats, fruits, citrus, vegetables, milk and other foods were not specified on the menu. Respondent failed to conduct matters pertaining to food service in accordance with Chapter 10D-13, F.A.C., and Chapter 10A-5.20(m), F.A.C. in that: miscellaneous food items were stored on the floor; clothing and shoes were stored with food; The Kenmore reach-in-refrigerator/freezer had wet towels on the interior bottom shelf and outside base of unit, the thermometers registered a temperature of 60 degrees Fahrenheit instead of 45 degrees Fahrenheit or below, and 45 degrees Fahrenheit instead of zero degree Fahrenheit or below for the refrigerator and freezer respectively and the unit kickguard was missing; an Edlund can opener, blade and base were grossly soiled; dumpster doors were left open; plastic beverage tumblers were stacked and stored wet; the restroom next to the dining room was not provided with paper towels; documentation was not proved to show that food service staff were free of communicable disease; sanitation inspection reports on file did not document correction of deficiencies.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a fine in the amount of $1,087.50 be assessed against Petitioner. In addition, it is RECOMMENDED that the Petitioner be allowed to make five (5) monthly installment payments of $180 and a final payment of $187.50. DONE and ORDERED this 8th day of April 1987 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 8th day of April 1987. COPIES FURNISHED: Leonard C. Helfand, Esquire Department of Health and Rehabilitative Services 401 N.W. Second Avenue, Suite 1070 Miami, Florida 33128 Amy Jones Director Office of Licensure and Certification 2727 Mahan Drive Tallahassee, Florida 32302 Warren Lodge Paskow Lodge Retirement Resident 5821 N.W. 28th Street Lauderhill, Florida 33313 Gregory L. Coler Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32399-0700 John Miller, Esquire Acting General Counsel Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32399-0700 Sam Power Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 3239-0700
Findings Of Fact After seeing an advertisement in the newspaper Soliciting boarders, Mrs. Gail Graham, HRS Program Specialist, visited the boarding home operated by Martha Callahan. and advised her that licensure was required and that certain preliminary inspections, viz. fire and health department, were necessary before application for licensure could be made. Mrs. Callahan had these inspections conducted and applied for licensure. In June or July, 1978, Mrs. Graham visited the home, conducted an inspection and gave Mrs. Callahan (who married Mark LaGue in July, 1978) a packet containing forms of various records required to be maintained by an Adult Congregate Living Facility and copies of various rules and regulations pertaining thereto. Mrs. Callahan had previously held a temporary license at another home which she sold before a permanent license became necessary. By letter dated 26 July 1978, the DHRS denied Petitioner's application for full licensure, but granted Petitioner a conditional license for a period of three months. The letter listed numerous requirements with which the LaGue home was not currently in compliance. In effect, the conditional license authorized the home to continue serving the residents during the three months grace period within which the home would have to bring its records and reporting requirements into line with the laws and regulations. Shortly thereafter, a resident of the LaGue home, a Mr. Reiber, registered a complaint against Mr. LaGue with HRS. Mrs. Graham visited the home in the early afternoon, and found Reiber had been moved. She observed that LaGue appeared to have been drinking and was slightly intoxicated. When she accused LaGue of having been drinking, he did not deny it. Mrs. Graham then sought out Mrs. LaGue, inspected the home and told Mrs. LaGue that LaGue was never to be left alone with the residents. Mrs. LaGue agreed that she would not leave the home without obtaining a qualified replacement during her absence. Several days thereafter, Mrs. LaGue was called to Ohio on an emergency and LaGue was left in charge of the home. During this period, LaGue called HRS to demand that Mrs. Hickman, an 88-year old resident be removed immediately because she was causing dissension. When Mrs. Graham visited the home on August 18, 1978, Mrs. Hickman had already been removed. Mrs. Zela Hickman stayed at the LaGue boarding home for about one and one-half months. During the period in August, 1978, while Mrs. LaGue was in Ohio, Mrs. Hickman testified that LaGue struck her, locked her in her room, and forced her to miss supper. On two occasions another resident of the home opened the door for Mrs. Hickman which was not locked but fitted with a hasp, the hinge part of which was placed over the staple but otherwise unsecured. Another door to this room existed which could not be locked from the outside. After being thoroughly frightened if not actually abused by LaGue, Mrs. Hickman wrote a letter to Dr. Futch, her physician, asking him to get her out of the home. She gave this letter to the cleaning woman to mail. The same day the letter was mailed, the maid (or some other unidentified person) called Dr. Futch's office to report Mrs. Hickman was being abused. The following day, Dr. Futch received Mrs. Hickman's letter. Mrs. Hickman was brought to Dr. Futch's office that day by LaGue. Upon arrival, she was examined by Dr. Futch, found to be very upset emotionally but with no marks showing physical abuse. In view of her history of heart problems and emotional condition, Dr. Futch had Mrs. Hickman hospitalized. Jimmy Murray was a resident at the LaGue home for two or three months. He, too, complained of being abused by LaGue, by being struck with a belt, and of Mrs. LaGue making sexual advances towards him. Murray also testified that LaGue threatened to put something in his food so he wouldn't awake the next morning. Shortly before the conditional 90-day license was due to expire Mrs. Graham conducted a final inspection of the LaGue home and found no admission and discharge register was being maintained as required, that residents had not received X rays as required, and, by letter dated 29 November 1978 (Exhibit 2), the application for licensure was denied on these grounds plus the allegation that a person serving in an official capacity had not conducted himself in a personable manner with all residents and refrained from all abuse. At the hearing, Petitioner introduced into evidence completed resident admission and discharge forms and evidence that all residents had received chest X rays. Mrs. LaGue has operated boarding houses for the elderly for several years and appears to have valid concern for their well-being. She was aware of the various requirements for licensure prior to the incidents involving the 16th Street home as she previously owned another home on 57th Avenue which had held a temporary license for six months. A permanent license for the home was not applied for because the home was sold. Without the presence of Mr. LaGue on the premises, it would appear that Mrs. Lague is capable of, and for years did, operate satisfactorily a boarding house. His advent onto the scene has been inimical to the well-being of the residents. Although LaGue vehemently denied all allegations of misconduct against him and testified that he is an ordained minister, it appears that he is a mail- order theologian without congregation or parish. After testifying that he was building a local parish, in response to the question, Where?, LaGue replied that he was looking for a location. Mrs. LaGue, in a letter dated 1-6-79 (Exhibit 7) addressed to Mrs. Graham, advised that "My husband Mark is returning to business as an auctioneer."
Findings Of Fact Based upon the oral and documentary evidence adduced at the hearing, the following relevant facts are found: On or about 1:00 p.m. on September 2, 1978, a Saturday, Deputy Reder from the Hillsborough County Sheriff's Office went to the "Sweet Magnolia Boarding Home," a licensed adult congregate living facility (ACLF) operated by the petitioner, as a result of a call from either the petitioner's daughter or a relative of one of the residents. Upon his arrival, Deputy Reder found four elderly boarders or residents, petitioner's, fifteen or sixteen year old daughter and her female friend of about the same age. The petitioner's daughter and the residents were upset, but none of the residents needed emergency medical assistance. The relatives of the residents and the respondent were notified that the four residents were without adult supervision, and the residents were removed from the facility that day. On the Monday preceding Saturday, September 2, 1978, petitioner received a telephone call informing her that her husband had had an accident in Detroit, Michigan and had injured his back. Petitioner left Tampa on that day and flew to Detroit. It was her testimony that she left Mary Ann Cowley, who had worked for her for about one year, in charge of the "Sweet Magnolia Boarding Home" while she was gone. She further testified that she left approximately $700.00 with her fifteen or sixteen year old daughter to pay the rent and buy food for the residents during her absence. When she returned to the facility late Saturday night on September 2, 1978, no one was there and many of her belongings were gone. Petitioner did not contact the respondent regarding this incident. Her husband was not hospitalized for his back injury. On or about September 22, 1978, an administrative complaint against petitioner was filed by the respondent seeking to revoke her ACLF license. Having failed to respond to the complaint, respondent, on October 18, 1978, entered a "Judgment of Revocation of License" by default. Said judgment found that petitioner voluntarily discontinued operation of the facility without providing advance notice to respondent and without surrendering her license, that she left residents boarded at the home without adult supervision while she left the state and that a deputy reported that there was no food in the premises on September 2, 1978, and that the residents had not been fed for two days. Deputy Reder did not check the premises for food and one of the boarder's daughter did not hear her mother complain of being hungry on the day she removed her from the petitioner's facility. Petitioner testified that she never received the administrative complaint or notice that her ACLF license had been revoked. Petitioner applied for another ACLF license in March of 1980. Before this was processed, and in April of 1980, she was hospitalized for two or three days for elbow surgery and left her husband in charge of the unlicensed facility. Her husband had never assumed this responsibility in the past. On Monday, April 14, 1980, petitioner's husband prepared a bath for one of the residents who was approximately eighty-nine years old and frail, helped her into the bathtub and then left the bathroom to complete some chores in the kitchen. While he was gone, this elderly resident drowned in the bathtub. The incident was described in the police report as an "accidental death" and no charges were brought against petitioner or her husband. Respondent was not notified of the drowning incident until several weeks later. During this same general time period, from March through early July, 1980, negotiations were had between petitioner and respondent regarding her March application for ACLF licensure. Respondent's Aging and Adult Services Program Office had many concerns regarding the issuance of a license to petitioner, including the prior incidents of lack of supervision, inappropriate placements and the drowning incident. Respondent did not feel that a legal basis existed for denial of petitioner's application for licensure, so they offered her a compromise. Petitioner was told that if she removed her present residents, respondent would issue her a license and she could start over with more appropriate residents or boarders. On June 25, 1980, petitioner notified respondent that it was her decision to discontinue her operation as a boarding home and not accept the license to operate as an ACLF. By letter dated June 26, 1980, respondent notified petitioner that she had thirty days to remove the residents from her facility and that legal action would be brought against her if she reopened another unlicensed facility in Hillsborough or Manatee Counties. By letter dated July 3, 1980, respondent again informed petitioner that her decision not to accept the license was considered as final and that a license could not be issued to her at that time. On February 3, 1981, at approximately 3:00 p.m., employees of the respondent made an unannounced visit to petitioner's unlicensed facility. They found that petitioner was not on the premises and that the only people there were petitioner's father, approximately 70 years of age, and two elderly residents. One of the residents was in a hospital bed and was being fed by means of a tube down her throat. Respondent's employees remained on the premises for about 30 minutes and petitioner did not appear during this time. During the time of the unannounced visit by respondent's employees, petitioner had gone to the store. It was her testimony, which was corroborated by her father, that she had asked another person to stay at the facility while she went to the store. That other person was not there when petitioner returned from the store. Betty P. Steiger, R.N., who specializes in geriatric nursing, observed the tube-fed resident in petitioner's facility on February 4, 1981. She was described as an elderly black woman who was incontinent, unable to ambulate, incoherent and a candidate for round-the-clock skilled nursing care. An ACLF was not an appropriate placement for this person. Feeding tubes should be changed only by a registered nurse or a physician and a suction machine should be available in case of aspiration. Ms. Steiger did not observe a suction machine on the petitioner's premises. This tube-fed resident had been living in petitioner's facility for four or five months and had been tube-fed since her arrival. Petitioner is a licensed practical nurse. In February of 1981, she had no other employees. Petitioner again applied for an ACLF license on March 5, 1981. By letter dated May 14, 1981, she was notified by the respondent's Aging and Adult Services Program Office that her application was being denied for the following reasons: You have exhibited a disregard for, and a failure to assume appropriate responsibility for, the welfare of residents under your care. This is evidenced by the following: On October 18, 1978, your license to operate "Sweet Magnolia Boarding Home", an adult congregate living facility, was formally revoked due to your having left the boarders at the facility without any adult supervision during or about September, 1978 while you left the state. When discovered on September 2, 1978, the residents had not been fed for two days and there was no food on the premises. In April, 1980, an elderly resident at your unlicensed facility at 822 Whatley Place, Tampa, Florida, drowned in the bathtub while not receiving proper supervision. On or about February 3, 1981, a resident at your home at 822 Whatley Place, Tampa, Florida, was discovered by the Department's employees to be bedridden and to be in need of full time skilled nursing care. Said resident was being fed through a tube and such condition, without appropriate full time skilled nursing care, materially affected the health, safety, and welfare of said resident in that had such resident regurgitated, this resident, being elderly and very debilitated, would have been unable to clear herself and would have "drowned" in her own bodily fluids. Your retention of this resident, without ap- propriate full time skilled nursing care, constituted a disregard for her welfare. On or about February 3, 1981, employees of the Department made an unannounced visit to your unlicensed facility and discovered that you were not present and that you had not provided for adequate supervision of the residents. Besides the residents, the only person present was your elderly father who, due to his age and physical condition, could not provide safe and adequate supervision to the residents. The actions referred to in paragraphs 1(a) through (d) constitute intentional and/or negligent acts which seriously affected the health, safety, and/or welfare of residents of your facility and constitute grounds to deny your application for a license pursuant to section 400.414(2)(a), Florida Statutes (1980). Your physical plant is short one toilet and one sink. According to Rule 10A-5.11(3)(a)1, Florida Administra- tive Code, there must be a bathroom exclusively for the use of the residents. Since you fail to meet the minimum standards for Adult Congregate Living Facilities, your license is being denied on that basis also. The parties stipulated that petitioner's physical plant was short one bathroom. It was agreed that if all other bases for denial of the license were found to be without merit; petitioner would have 60 days to install a bathroom and, if completed, respondent would issue petitioner a license.
Recommendation Based upon the above findings of fact and conclusions of law, it is RECOMMENDED that petitioner's application for an adult congregate living facility license be DENIED. Respectfully submitted and entered this 10th day of November, 1981, in Tallahassee, Florida. DIANE D. TREMOR, 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 10th day of November, 1981. COPIES FURNISHED: Robert A. Warner, Esquire Caltgirone & Warner, P.A. 238 East Davis Boulevard, Suite I Davis Island Tampa, Florida 33606 Janice Sortor, Esquire District VI Assistant Legal Counsel 4000 West Buffalo Avenue Tampa, Florida 33614 David Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact By administrative complaint filed May 5, 1986, the Department sought to impose a civil penalty upon Respondent, Sylvia Beckford, d/b/a Mt. Zion Retirement Home, Inc., for failure to correct certain deficiencies which were allegedly found at an adult congregate living facility. Pertinent to the disposition of this case, the complaint alleged: (2) Respondent, SYLVIA BECKFORD, is licensed to operate MT. ZION RETIREMENT HOME, INC., 2131 N.W. 28th Street, Ft. Lauderdale, Florida 33311, as an Adult Congregate Living Facility, in compliance with Chapter 400, Part II, Florida Statutes, and Chapter 10A-5, Florida Administrative Code. Predicated on the foregoing allegations, the Department claimed jurisdiction over Respondent, pursuant to Chapter 400, Part II, Florida Statutes, to impose a civil penalty against her for alleged violations of the provisions of Chapter 400, Part II, Florida Statutes, and the provisions of Chapter 10A-5, Florida Administrative Code. The Department failed, however, to establish that Respondent, Sylvia Beckford was the licensee of an adult congregate living facility and, therefore, failed to establish that it had any jurisdiction to impose a civil penalty against her. 1/
The Issue The primary issue in this proceeding is whether Irene Murray is an employee of the City of Carrabelle and covered by Social Security and the Florida State Retirement System. A secondary issue is when did Murray become an employee.
Findings Of Fact Exception 4: The Petitioners' contention that the contract between Ms. Murray and the City is contingent upon the revenues generated and that the City never contributed funds to the operation of the program is without merit and hereby rejected. The Hearing Officer's findings of fact, which are supported by competent, substantial evidence in the record, concludes the contract is contingent upon the availability of funds appropriated for that purpose. Petitioners' exception is rejected. Exception 5: The Hearing Officer's finding of fact is supported by competent, substantial evidence. The City Commission is the authority responsible for the approval of the budget for the Center. Petitioners' exception is rejected. Exception 6: The Petitioners' contention that repairs to the Community Center do not have to be approved by the City Commission is without merit. The Hearing Officer found that prior approval of repairs must be granted by the City Commission and the expenditures for the Community Center are paid out of the City's general revenue fund. The Hearing Officer's findings are supported by competent, substantial evidence in the record. Exception 6 is rejected. Exception 7: The Petitioners' exception is without merit. The Hearing Officer's findings are supported by competent, substantial evidence in the record. The exception is rejected. Exception 9: The Petitioners' exception is without merit. The Hearing Officer's findings are supported by competent, substantial evidence in the record. The exception is rejected. Exception 10: The Petitioners' exception is without merit. The Hearing Officer's findings are supported by competent, substantial evidence in the record. The exception is rejected. Exception 12: The Petitioners' exception is without merit. The Hearing Officer's findings are supported by competent, substantial evidence in the record. The exception is rejected. Exception 13: The Petitioners' exception is without merit. The Hearing Officer's findings are supported by competent, substantial evidence in the record. The exception is rejected. Exception 14: The Petitiners' exception is without merit. The Hearing Officer's findings are supported by competent, substantial evidence in the record. The exception is rejected.
Recommendation It is RECOMMENDED that Petitioner, Irene Murray, be enrolled as a member of the FRS effective September, 1986 and Petitioner, City of Carrabelle, pay the retroactive retirement contributions. DONE AND ENTERED this 5th day of April, 1991, in Tallahassee, Leon County, Florida. Stephen F. Dean 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 5th day of April, 1991. APPENDIX TO RECOMMENDED ORDER The Petitioner's proposed findings were adopted or rejected for the following reasons: Paragraph 6 Rejected second unnumbered paragraph as contrary to more credible evidence. Paragraph 8 Rejected first sentence as contrary to more credible evidence. Rejected third sentence as to Ms. Murray's paying her taxes because it is irrelevant. Paragraph 9 Rejected as to entitlement to unemployment compensation because the contract is silent on this. Paragraph 10 Rejected all because it's contrary to more credible evidence. Paragraph 14 The city participates in a job and job skills program funded by a federal grant. The janitor at the center is a participant in this program. The City's proposal, while not strictly untrue, is an overstatement of the matter. Paragraph 16 Rejected that FRS is illegally interfering with the contract between the city and Ms. Murray, and what Ms. Murray wants is irrelevant. Paragraph 17 Rejected as a legal conclusion beyond the competence of the witnesses. Paragraphs 18 Rejected as contrary to fact. and 20 The Respondent's proposed findings were adopted or rejected for the reason stated: Paragraph 5 Rewritten to more completely explain the budget relationship. Paragraph 19 Rejected as conclusion of law. COPIES FURNISHED: William H. Webster, Esquire Post Office Box 478 Crawfordville, FL 32327 Larry D. Scott, Esquire Division of Retirement Cedars Executive Center Building C 2639 North Monroe Street Tallahassee, FL 32399-1560 A. J. McMullian III, Director Division of Retirement Cedars Executive Center, Building C 2639 North Monroe Street Tallahassee, FL 32399-1560 John A. Pieno, Secretary Department of Administration 435 Carlton Building Tallahassee, FL 32399-1550
Findings Of Fact Fort Lauderdale Retirement Home is an Adult Congregate Living Facility (ACLF) situated at 401 Southeast 12th Court, Fort Lauderdale, Florida 33316 and was licensed as such during times material herein. On July 19, 1985, an appraisal visit was conducted by personnel from Petitioner's Miami Office of Licensure and Certification to determine compliance with applicable rules and regulations for ACLF's. Petitioner's appraisal and survey team made two requests to the facility's administrator, Jacqueline Kidwell, to examine the contents of a medication cabinet on the premises and was denied permission to do so. One of Petitioner's appraisal team surveyors, Jane Bavetta, observed what appeared to be medication in two amber colored jugs located in the bottom of a cabinet in the administrator's office, which appeared to be the type container medication is usually stored. (Petitioner's Exhibit 1). Petitioner has advised Respondent that it intends to levy an administrative fine in the amount of three hundred dollars ($300). Another of Petitioner's appraisal surveyors, who is no longer employed by Petitioner Elizabeth Mazlin, also made a request of Ms. Kidwell to inspect the cabinet in the administrator's office which she suspected to contain medication and was denied permission to do so by Ms. Kidwell.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Petitioner, Department of Health and Rehabilitative Services, Office of Licensure and Certification, enter a Final Order imposing a three hundred dollar ($300) fine against Respondent, Fort Lauderdale Retirement Home, Inc. payable to Petitioner within thirty (30) days after entry of Petitioner's Final Order. RECOMMENDED this 3rd day of August, 1987, in Tallahassee, Florida. JAMES E. BRADWELL 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 3rd day of August, 1987. APPENDIX TO THE RECOMMENDED ORDER, CASE NO. 86-1103 Rulings on Petitioner's Proposed Findings of Fact Paragraph 2 first sentence rejected as irrelevant to the issues posed. Paragraph 4 rejected as argument and not a finding of fact. Paragraph 5 rejected, irrelevant in view of the finding that Respondent's agents did not allow Petitioner's surveyor an opportunity to inspect the premises and the administrative fine was levied on that basis. Rulings on Respondent's Proposed Recommended Order 1. Respondent's position is set forth in a letter dated may 11, 1987. Inasmuch as Respondent's position is in the form of legal argument including their feelings, position on the credibility of witnesses and a concluding recommendation that the charges herein be dismissed, Respondent's Proposed Recommendation, while considered by the undersigned in preparation of the Recommended Order, is not ruled upon point by point in the Appendix herein. COPIES FURNISHED: Leonard T. Helfand Esquire Office of Licensure and Certification Department of Health and Rehabilitative Services 5190 Northwest 167th Street Miami, Florida 33014 Jacqueline H. Kidwell Administrator Fort Lauderdale Retirement Home 401 Southeast 12th Court Fort Lauderdale, Florida 33316
