The Issue Whether Petitioner is entitled to an exemption from disqualification.
Findings Of Fact Petitioner, Anthony Bellamy, is the husband of, and resides with, his wife, Helena Bellamy. Helena Bellamy applied to Respondent, Department of Children and Family Services, for registration of a family day care home in the couple's home in Lynn Haven, Florida. In order for the family day care to be registered with the Department, Mr. Bellamy must satisfy the screening requirements set forth in Chapter 435, Florida Statutes, because he is a member of Ms. Bellamy's family. In 1995, Mr. Bellamy was a full-time student in Chipola Community College in Marianna, Florida. Mr. Bellamy, who was born and raised in humble circumstances, met a group of individuals who seemed to have all they needed without having to work for it. Mr. Bellamy started associating with this group whose income, it turned out, was derived from the sale of illegal drugs. Mr. Bellamy, envious of the monied lifestyle of his newfound associates, adopted their ways and started selling marijuana and cocaine to his friends. Mr. Bellamy's favorite place of business was a stand of trees on his father's property, which is, coincidentally, near a public school in Cottondale, Florida. However, Mr. Bellamy did not sell drugs to any of the school children. Mr. Bellamy usually timed his sales to coincide with the paydays of his customers so as to enhance his sales. This usually occurred two or three times per month. Mr. Bellamy did not use drugs himself. On January 11, 16, and 25, and March 6 of 1996, an undercover police officer made purchases of cocaine from Mr. Bellamy. On the occasion of his arrest on March 6, 1996, 55 packets of marijuana and approximately 83 pieces of crack cocaine were found with Mr. Bellamy. Mr. Bellamy pled nolo contendere to four counts of sale of cocaine within 1,000 feet of a school, one count each of possession of cocaine with intent to sell within 1,000 feet of a school, and possession of cannabis with intent to sell within 1,000 feet of a school. Mr. Bellamy was adjudicated guilty of these offenses and sentenced to 22 months of jail time and 10 years of probation. Mr. Bellamy is still on probation for these offenses. He anticipates that he will remain on probation until 2005 or 2006. Although Mr. Bellamy has not re-offended, he concedes that the fear of re-incarceration if he violates his probation is one factor in his recent good behavior. However, his main reasons for no longer selling drugs is that his incarceration taught him a lesson and that he did not wish to be that type of person or live that type of life, especially since he has married and had children. Incarceration, for Mr. Bellamy, was an epiphany, not to be repeated again. During his incarceration, Mr. Bellamy was placed on trustee status and permitted to attend Chipola Community College. He completed his degree in electrical engineering and holds a state license for professional engineering. Importantly, Mr. Bellamy passed the character evaluation to become a licensed professional engineer. After getting out of prison, Mr. Bellamy worked for Southern Bell as an electrical engineer. Southern Bell had full knowledge of Mr. Bellamy's criminal history when it employed him. He was and is considered a diligent and productive employee. Mr. Bellamy now has formed his own company and performs electrical engineering services on a contract basis for Southern Bell. Mr. Bellamy also works part-time at Tropical Smoothie. He is entrusted to handle the money from that business. In 1999, Mr. Bellamy married his wife. They now have three children and he is very much a family man who wants to do right by that family. He has the determination and enthusiasm to succeed in his chosen work and life. Mr. Bellamy is active in his church and counsels the youth in that church to avoid drugs. He utilizes his experience to emphasize his counseling. There was no evidence that Mr. Bellamy was ever a danger to children or the disabled. Mr. Bellamy has shown that he is not the same person who dealt drugs and has changed his life for the better. He is entitled to an exemption from disqualification.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a final order granting Petitioner Antonio Bellamy an exemption from disqualification. DONE AND ENTERED this 26th day of June, 2002, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 26th day of June, 2002. COPIES FURNISHED: Antonio Bellamy 604 Hummingbird Street Lynn Haven, Florida 32444 John R. Perry, Esquire Department of Children and Family Services 2639 North Monroe Street Building A, Suite 104 Tallahassee, Florida 32399-2949 Paul F. Flounlacker, Jr., Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
The Issue Whether Respondent committed the Class "II" violation alleged in Counts I and II of the Amended Administrative Complaint and, if so, what sanction(s) should be imposed.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: The Facility is a 160-bed assisted living facility operated by Respondent and licensed by Petitioner. Resident #1 was admitted to the Facility on or about December 16, 2009, and was a resident of the Facility at all times material to the instant case, including March 21, 2010, May 2, 2010, and May 10, 2010. The "Resident Health Assessment for Assisted Living Facilities" form (Health Form) that was completed in conjunction with Resident #1's admission to the Facility reflected that Resident #1 had a history of alcohol abuse and depression and that, in the opinion of the "examiner" filling out the form, while "[d]aily [o]versight" of Resident #1's "well being and whereabouts" was needed, Resident #1 did not "pose a danger to [him]self or others."5 On March 21, 2010, at around 6:00 p.m., Resident #1 was involved in an incident at the Facility (March 21 Incident). The March 21 Incident was accurately documented (albeit in a manner that was vague and lacking in detail) in the following entry made by Facility staff on the Observation Log maintained at the Facility for Resident #1 (Resident #1's Observation Log):6 Resident [#1] is disoriented at this time and aggressive.[7] He has trouble with other resident [C.].[8] [Resident #1] is very altered and disoriented. I called the doctor for request and sent to the Hospital. I notified to his friend for let to know about the situation.[9] The aftermath of this incident was accurately documented in the following March 21, 2010, 7:00 p.m., entry made by Facility staff on Resident #1's Observation Log: I reported to the police that [Resident #1] is very aggressive and confused. He refused to go to the Hospital. These two entries made by Facility staff on Resident #1's Observation Log constitute the only record evidence concerning the March 21 Incident and its aftermath.10 The record evidence is silent as to the extent to which Resident #1 and the other residents of the Facility, including the one involved in the March 21 Incident, were being supervised by Facility staff at the time of the March 21 Incident. On May 2, 2010, Resident #1 was involved in an altercation with another resident of the Facility, Resident #5 (May 2 Incident). The Health Form that was completed in conjunction with Resident #5's admission to the Facility reflected that he was a five-foot, eight-inch, 289 pound man, with a history of chronic obstructive pulmonary disease, coronary artery disease, atherosclerotic heart disease, diabetes mellitus, morbid obesity, dilated cardiomyopathy, and kidney failure. The May 2 Incident and its aftermath were accurately documented by Facility staff by an entry written in Spanish on the Facility's Daily Communication Log for that date (May 2 Daily Communication Log). The following is the English translation of that entry:11 At midnight [Resident #5], [Resident #1] and [E. S.] were in the nurses' station happily chatting. All of a sudden, [Resident #1] verbally insulted [Resident #5] without any reason whatsoever.[12] Offended, [Resident #5] got up from his chair,[13] and [Resident #1] pushed his chest.[14] [Resident #5] called the police--while the police were on their way, [Resident #5] thought about what had happened and did not want to do anything improper, but at the same time he was worried about his safety because he had heard that [Resident #1] has a knife in his room.[15] [Resident #5] asked my opinion and I suggested that he tell the office about it, that you would resolve the problem in the best possible way and that he shouldn't file a report against [Resident #1], and [Resident #5] made his own decision to not have the police take [Resident #1] away. [Resident #1] had not always behaved this way, he was not acting normally. Ms. [E.] disappeared for over half an hour and since I know that she and Mr. [R.] are good friends I asked him about her. [Resident #1] heard me and made a show of the matter, he took charge of the matter as if he were the boss. Without my realizing it, he sent [E.] outside to look for [Ms. E.] and there is no reason for him to do my job. [Ms. E.] was in the back part of Munne accompanied by Mr. [N.]. I had already gone back there in the dark calling out to [Ms. E.] by name and [she] heard me but did not answer that she was there. If she had answered me I wouldn't have worried any more. When I looked at her I asked her: Did you hear that I was looking for you? And she answered that she had. The problem is that [Resident #1] is taking on a role that does not correspond to him, on top of a poor attitude; there was no need for these incidents. [I was] [t]rying to keep the other residents from realizing what was going on so that they would not get riled up and to avoid an even bigger commotion. This entry on the May 2 Daily Communication Log constitutes the only record evidence concerning the May 2 Incident. The record evidence is silent as to the extent to which Resident #1, Resident #5, and the other residents of the Facility were being supervised by Facility staff at the time of the May 2 Incident. On May 10, 2010, while he still was a resident of the Facility, Resident #5 was "punched"16 (May 10 Incident) and, as a result, sustained an injury (a two-centimeter laceration above his right eyebrow) for which he was taken to Larkin Community Hospital's emergency room for treatment. After receiving five stitches to close the laceration, he was discharged from the hospital. Other than the "[h]ospital [r]ecord[]" entry17 memorializing the statement made by Resident #5 to emergency room staff concerning his having been "punched" by an unidentified assailant,18 there is no record evidence as to what happened during the May 10 Incident. The record evidence is silent as to the extent to which Resident #5 and the other residents of the Facility, including Resident #1, were being supervised by Facility staff at the time of the May 10 Incident.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Agency for Health Care Administration issue a Final Order dismissing the Amended Administrative Complaint. DONE AND ENTERED this 9th day of June, 2011, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 9th day of June, 2011.
