The Issue Whether the Division of Administrative Hearings (DOAH) has jurisdiction to conduct a formal hearing under the provisions of Sections 120.569 and 120.57(1), Florida Statutes, if the Florida Commission on Human Relations (FCHR) does not make a "cause" or "no cause" determination, as provided in Section 760.11(3), Florida Statutes, but rather issues a Notice of Dismissal, pursuant to Section 760.11(8), Florida Statutes. Whether DOAH has jurisdiction to conduct a formal hearing under the provisions of Sections 120.569 and 120.57(1), Florida Statutes, if the Petition for Relief was not timely filed pursuant to Section 760.11(6), Florida Statutes. Whether DOAH has jurisdiction to conduct a formal hearing under the provisions of Sections 120.569 and 120.57(1), Florida Statutes, if Petitioner fails to name Respondent in the Petition for Relief filed with the FCHR, as required by Section 760.11(1), Florida Statutes.
Recommendation Based on the foregoing facts and conclusions of law, it is RECOMMENDED that a final order be entered dismissing with prejudice the Petition of Manuel Pedraza in DOAH Case No. 02-0237, and FCHR Case No. 99-0849, for failure to timely file his Petition for Relief and for failure to properly name Respondent in the Petition. DONE AND ENTERED this 21st day of June, 2002, in Tallahassee, Leon County, Florida. ___________________________________ DANIEL M. KILBRIDE 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 21st day of June, 2002. COPIES FURNISHED: Susan K. W. Erlenbach, Esquire Erlenbach Law Offices, P.A. 2532 Garden Street Titusville, Florida 32796 W. Russell Hamilton, III, Esquire Morgan, Lewis & Bockius, LLP 5300 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2339 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
Findings Of Fact The Respondent Respondent holds Teaching Certificate No. 75756, covering the areas of physical education, health education and drivers education. The Certificate expires June 30, 1987. At all times material hereto, the School Board of Palm Beach County employed respondent as an assistant principal at Lake Shore Middle School in Belle Glade, Florida. Respondent was first hired by the School Board in 1956, as a physical education instructor at East Lake Junior High School, in Belle Glade. During the ensuing years, he served as athletic director, football coach, basketball coach, baseball coach and drivers' education teacher at three Belle Glade schools (East Lake Junior High, Lake Shore High School and Glade Central High School) until his transfer in 1971 to Lake Shore Middle School as Dean of Boys. In 1978 he was promoted to Assistant Principal. In 1982, the School Board suspended respondent on charges of "misconduct and immorality arising out of improper sexual advances made by [him] toward female students at Lake Shore Middle School during the 1981-82 school years." After an evidentiary hearing on October 25-26, 1982, the School Board, by mixed vote, found him guilty of the charges, cancelled his continuing contract (tenure), and terminated his employment. The Department seeks to revoke or otherwise discipline respondent's Teaching Certificate on charges substantially the same as those brought (and sustained) by the School Board. Prior to the complained of conduct, respondent had an unblemished school employment record. By all accounts he was gregarious and outgoing, a competent, caring, and dedicated teacher and administrator. He was popular with students, respected by faculty, relied on by school administrators, and generally considered a "pillar of the community." He had been raised in Belle Glade. Unlike most county school teachers in Belle Glade, who taught there but lived elsewhere, he considered Belle Glade his home. Improper Sexual Remarks or Sexual Advances Toward Female Students Count I: Advances toward T. E. T. E. was 14 years old and a student at Lake Shore Middle School, where respondent was Assistant Principal. On May 17, 1982, she entered his office and asked for a lunch ticket. He could not find an extra lunch ticket in this office so he told her to accompany him to the data processing office where lunch tickets were kept. She complied and they walked together to data processing. He unlocked the door, turned on the lights, and they went in. They both looked around the office, but could not find the lunch tickets. Respondent then told her to return with him to his office and he would give her a temporary lunch pass. As they reached the door of the data processing office, he turned off the lights, put his arm around her shoulder, and asked her for a kiss. She refused. He asked her again, and she again refused. During this exchange he reached down and touched her breast. She felt his touch and was afraid; he was not restraining her though, and she did not think he would try to hold her against her will. They then left data processing. He returned to his office and she began walking to her class. He came back out of his office and told her not to tell anyone about the incident. She agreed. A little later, he found a lunch ticket and gave it to her. Enroute to her class, she began to cry. A student friend asked her what was wrong. T. E. wrote her a note, explaining what had happened. The friend told a teacher, who--along with others--told her to tell her parents. When T. E. arrived home that afternoon, respondent was talking to her grandmother. She heard him say that T. E. had misunderstood something he had done, or said. At 8:15 a.m. the next morning, May 18, 1982, respondent reported to Principal Edward Foley's office for his routine duties. As they were conducting an inspection, respondent asked to see him when they returned to the office, stating he had a "serious problem" to discuss with him. He then told Principal Foley that he (respondent) was being "accused of feeling on a young female student," (Petitioner's Exhibit No. 1), and explained his version of the incident. He did not tell the principal that he had twice asked the student for a kiss, and had touched her breast. He said that he had put his arm around her shoulder as they left date processing. Later that day, a conference on the incident was held in the principal's office. The principal, an assistant principal, respondent, T. E., T. E.'s mother and grandmother, and several teachers were present. Shortly after the conference convened, respondent asked for and was given permission to talk to T. E.'s mother and grandmother in a separate office. Once there, respondent told T. E.'s mother that he thought he had done something to upset T. E.; that he was sorry; and that he could understand how the mother felt because he would feel the same if T. E. was his child. He then asked T. E.'s mother to have her daughter say that she made a mistake and that it was simply a misunderstanding. The mother refused. During this short discussion, T. E.'s mother asked him if he had asked T. E. for a kiss: he said, "yes." When asked, "Did you touch her breast?", he replied, "I might have. But . . . I'm sorry, I didn't hurt your daughter." (TR-112) 2/ Count II: Improper Sexual Remarks to C. D. C. D. was a 14 year old female student at Lake Shore Middle School during the 1981-82 school year. On one occasion during that school year, respondent approached her (during school hours) when she was walking to the school cafeteria. He told her she "had big breasts and he wanted to feel one." (TR-33) Count III: Sexual Advances toward C. C. C. C. was a 15 year old female student at Lake Shore Middle School during the 1981-82 school year. On one occasion during that school year, as she was leaving the campus (though still on school grounds) at the end of the school day, respondent, who was walking with her, put his arms around her and asked her for a kiss. Count IV: Improper Sexual Remarks to C. S. C. S. was a 14 or 15 year old female student at Lake Shore Middle School during the 1981-82 school year, when respondent approached her as she was leaving the gym. He remarked, "You have some big breasts." (TR-57) She kept walking. Earlier that year, respondent asked her, "Do you wish things wasn't (sic) the way they are." This remark had, and was intended to have, sexual connotations. (TR-56) Later that school year, respondent, while on campus and during school hours, approached C. S. and asked her "to come in his office and give him a kiss." (TR-57) She left, without complying with his request. Conflicts Resolved Against Respondent Respondent denied having made these improper verbal remarks to, or physical sexual advances toward the four female students. The students' testimony, although containing minor discrepancies, is accepted as more credible than respondent's denial, and conflicts in the testimony are resolved against him. The students showed no hostility toward respondent and, unlike him, had not motive to falsify. Reduced Effectiveness The allegations against respondent, involving these four female students, received widespread notoriety in the area. As a result, his effectiveness as an employee of the School Board has been seriously reduced.
Recommendation Based on the foregoing, it is RECOMMENDED that respondent's teaching certificate be revoked, and that he be declared ineligible for reapplication for three years following revocation. DONE AND ENTERED this 6th day of August 1984 in Tallahassee, Florida. R. L. CALEEN, JR. 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 6th day of August 1984.
The Issue Whether Respondent violated Subsection 231.2615(1)(c), Florida Statutes (2001), and, if so, what discipline should be imposed.
Findings Of Fact Caruth holds Florida Educator's Certificate 755873 that is valid through June 30, 2007, and covers the area of athletic coaching. Caruth currently teaches as an adjunct professor for various out-of-state post secondary schools and works for the University of West Florida-Okaloosa Fort Walton Community College joint campus in Fort Walton Beach as an academic advisor and military liaison. He has taught in various public schools in the Okaloosa County School District as a substitute teacher. He has also taught as an adjunct professor, on a term-by-term contract basis, at Okaloosa-Walton Community College (OWCC). On November 6, 2001, he was not employed by either a Florida public school or OWCC. On November 6, 2001, Caruth planned to drive his wife, Rosario Caruth, to her workplace at Hurlbert Field and then to proceed to a Kiwanis Club meeting. Mrs. Caruth had failed to inform her husband that she needed to be at work earlier than her normal starting time and began to complain about being late prior to leaving their home that day. Her complaints continued as they began their drive despite Caruth's admonishments to drop the subject. At approximately 6:30 a.m., Caruth became angry and upset with his wife and abruptly pulled the car over to the side of Highway 399 near the business premises of M & M Electric of Northwest Florida (M & M Electric). Caruth began to hit and choke his wife, knocking her head against the passenger window. Three employees of M & M Electric were waiting in the parking lot of M & M Electric to get in the building to start work. They observed Caruth hit and choke Mrs. Caruth. Two of the employees started to run to the car, but Caruth pulled the car onto the highway and drove away. A few minutes later, a Santa Rosa County Deputy Sheriff, Matthew Spratt, pulled Caruth over on Highway 399 for speeding. Caruth was going 65 miles per hour in a 45 miles per hour zone. The deputy approached Caruth's car, and Caruth, who was "extremely irate," told the deputy, "If this is about my wife, it is not true." One of the M & M Electric employees who had witnessed the incident between Caruth and his wife, arrived on the scene and told the deputy that Caruth had been beating his wife. Deputy Spratt asked Mrs. Caruth what had happened. She replied that she and her husband had had an argument. The deputy observed a drop of blood dripping from her right ear. She was not cooperative with the deputy. The deputy asked Caruth to get out of the car, which he did. Caruth was not cooperative with the deputy and just wanted the deputy to give him his ticket and let him go. About this time, Deputy Salter and Deputy Quig arrived on the scene. Deputy Salter also questioned Mrs. Caruth, but again she was uncooperative. Deputy Salter observed a cut on Mrs. Caruth's ear lobe, two scratches on her right temple, and a cut behind her ear. The cut on the ear lobe was bleeding. Caruth was arrested for battery, domestic violence and taken to jail. Mrs. Caruth contends that her husband did not hit her and that her scratches and cuts probably were caused by her sunglasses breaking when Caruth snatched them off her face. She also contends that her husband did not choke her, but grabbed the lapels of her jacket. Given the testimony of the three eye witnesses, Mrs. Caruth's testimony is not credible. On December 4, 2001, Caruth entered a plea of nolo contendere to the charge. The Court withheld adjudication of guilt and placed Caruth on probation for one year. One of the conditions of probation was that Caruth attend a certified domestic violence intervention counseling program. Caruth finished the counseling program and was given an early release from his probation. Caruth and his wife sought marriage counseling and have been working toward resolving their communication problems. He and his wife have engaged in a few shoving incidents during their 21 years of marriage, and Caruth has attended some anger management training classes in the past due to some allegations of verbal abuse of his daughter. Although Caruth has had some problems with anger in family situations, he is highly regarded for his community service. He has been the past president of the local Kiwanis Club and has received community service awards. Caruth has never had his educator's license disciplined.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Joseph H. Caruth, Jr., violated Subsection 231.2615(1)(c), Florida Statutes (2001), issuing a reprimand, and requiring him to submit to an evaluation conducted by a qualified provider approved by the Florida Recovery Network Program within 60 days of the entry of the final order to address the conduct described herein and to follow any recommended course of treatment or counseling. DONE AND ENTERED this 19th day of May, 2003, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 19th day of May, 2003. COPIES FURNISHED: J. David Holder, Esquire 24357 U.S. Highway 331, South Santa Rosa Beach, Florida 32459 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399 Tony Simpson, Esquire 5 Clifford Drive Shalimar, Florida 32579 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street 1244 Turlington Building Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street Suite 224-E Tallahassee, Florida 32399-0400
Conclusions THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning the Administrative Complaints for LIFE CARE CENTER OF SARASOTA, CON 7904, LIFE CARE CENTER OF ORANGE PARK, CON 7737, LIFE CARE CENTER OF NEW PORT RICHEY, CON 8813, LIFE CARE CENTER OF PORT ST. LUCIE, CON 8975, LIFE CARE CENTER OF OCALA, CON 7923 AND LIFE CARE CENTER OF MELBOURNE, CON 3828 collectively known as Life Care Centers of America (hereinafter "Life Care") which the Agency filed the Administrative Complaints for Life Care's failure to comply with Medicaid conditions placed on the CONs. Composite Exhibit 1. The parties have since entered into a Settlement Agreement. Exhibit 2. It is ORDERED that: The findings of fact and conclusions of law set forth in the Administrative Complaint are adopted and incorporated by reference into this Final Order. The Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Settlement Agreement upon payment of any fines. The Respondent shall pay the Agency a total of $5,780.00 within 30 days of the date of this Final Order. The total amount is divided among the cases as such: Case Number 2008013528 - $323.00 Case Number 2008013522 - $663.00 Case Number 2009000372 - $1,663.00 Case Number 2009000369 - $1,530.00 Case Number 2009000371 - $1,365.00 Case Number 2008013532 - $236.00 A check made payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case numbers should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 14 Tallahassee, Florida 32308 The above-styled cases are hereby closed. DONE AND ORDERED this Z--1 day of 011, in Tallahassee, Florida. Elizab Agen tion
Other Judicial Opinions A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE PRESCRIBED BY LAW WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this '/,:r: day of RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 412-3630 COPIES FURNISHED TO: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings (Electronic Mail) Jay Adams, Esquire Broad and Cassel 215 South Monroe Street, Suite 400 Post Office Drawer 11300 Tallahassee, Florida 32302 Attorney for Life Care Centers of America (U. S. Mail) James H. Harris, Esquire Office of the General Counsel Agency for Health Care Administration (Interoffice Mail) Richard Joseph Saliba, Esquire Office of the General Counsel Agency for Health Care Administration (Interoffice Mail) Jan Mills Facilities Intake Unit Agency for Health Care Administration (Interoffice Mail) Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration (Interoffice Mail) MAR-17-2009 10:39 AGENCY HEALTH CARE ADMIN Mar 17 2009 10=25 850 921 0158 P.08 STATE OF PLORXDA
Findings Of Fact Respondent operates Lake Wales Convalescent Center (the Center) in Lake Wales, Florida. The administrator of the Center and her husband are long time residents of Lake Wales, who have known many of the nursing home residents over a period of years. The Center enjoys a reputation for excellent nursing home care, and charges less for its services than most other nursing homes. In the past fourteen years, petitioner has received not one complaint about the care of any patient at the Center. The Center provides residential care and nursing services for privately paying and indigent persons alike. At all pertinent times, the Center provided services to indigent persons under a series of annual agreements between the Center and petitioner. See respondent's exhibit No. 2. In 1972, a "service worker" in petitioner's employ told the Center's administrator, Winifred J. Coleman, that one Lizzie Wilson was eligible for care at the Center at petitioner's expense, in accordance with the agreement then in force between the parties. With this understanding, Ms. Wilson was admitted to the Center. Eventually, however, another employee of petitioner, a "payments worker," determined that Ms. Wilson was ineligible for care at petitioner's expense. The latter determination held sway within petitioner agency. By the time petitioner notified respondent of Ms. Wilson's ineligibility, Ms. Wilson had stayed at the Center some four months. A few days after respondent was notified, Ms. Wilson left the Center. If petitioner had reimbursed respondent for the expenses incurred in the care of Ms. Wilson up to the time petitioner notified respondent that she was ineligible, petitioner would have paid respondent $1,750.00. If respondent had been reimbursed for the services rendered during the additional time it took to find another place for Ms. Wilson, respondent would have received another $268.00. All told, respondent furnished care to Ms. Wilson for 144 days, and missed reimbursal in the amount of $2,018.00. During the year 1972, respondent's occupancy rate was 99.67 percent. In calculating the basis for reimbursal under its contract with petitioner for services rendered in 1972, the Center included the $2,018.00 in the $3,162.00 bad debt item which it reported in its unaudited statement of cost operations. Respondent's exhibit No. 1. No later than December 16, 1975, petitioner furnished respondent a copy of an audit report dated September 30, 1975, disallowing the bad debt item in its entirety. Respondent's exhibit No. 2. During the year 1976, respondent paid interest at the rate of 6 percent to its shareholders on a loan the shareholders had made to respondent. Interest for 1976 amounted to $3,189.00. Respondent claimed the interest as an expense in calculating its costs for reimbursal purposes. On March 10, 1978, petitioner completed its audit of the figures for the year 1976. Petitioner treated the loan made to respondent by its shareholders as if it were equity invested in respondent. Petitioner allows a rate of return on equity in excess of 10 percent. Although Petitioner disallowed the interest as an expense, Petitioner's treatment of the loan as equity resulted in a net benefit to respondent.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner withhold all or part of regular payments to respondent until it has recovered nine thousand one hundred sixty-two dollars ($9,162.00) from respondent. DONE and ENTERED this 7th day of February, 1980, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Anthony N. DeLuccia, Jr., Esquire Post Office Box 06085 Ft. Myers, Florida 33906 Clay A. Terry, Esquire Post Office Box 1260 Lake Wales, Florida 33863
The Issue Whether the Division of Administrative Hearings has jurisdiction to conduct a formal hearing under the provisions of Sections 120.569 and 120.57(1), Florida Statutes, if the Petition for Relief was not timely filed pursuant to Section 760.11(7), Florida Statutes.
Recommendation Based on the foregoing facts and conclusions of law, it is RECOMMENDED that a final order be entered dismissing with prejudice the Petition of Michelle C. Phillips in DOAH Case No. 00-1794; FCHR Case No. 98-0713. DONE AND ENTERED this 10th of July, 2000, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 10th of July, 2000. COPIES FURNISHED: Sharon Moultry, Clerk Florida Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149 Dana A. Baird, General Counsel Florida Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149 Edward R. Gay, Esquire Law Firm of Edward R. Gay, P.A. 1516 East Concord Street Orlando, Florida 32803 Richard A. Durose, Esquire Joseph W. Beatty, Esquire Foley & Lardner Post Office Box 2193 Orlando, Florida 32801-2386
