01-004155 Friendship Group Home vs. Department Of Children And Family Services Status: Closed Recommended Order on Thursday, July 25, 2002.

Summary: Residential group home for developmentally disabled adults has conditional license revoked for numerous violations of Rule 65B-6.010, Florida Administrative Code.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRIENDSHIP GROUP HOME, )

)

Petitioner, )

)

vs. ) Case No. 01 - 4155

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED O RDER

Pursuant to notice, the Division of Administrative

Hearings, by its duly - designated Administrative Law Judge,

Jeff B. Clark, held a formal administrative hearing in this case

on December 20, 2001, and March 28, 2002, in Orlando, Florida.

APPEARANCES

For Petitioner: Clark D. Lochridge, Esquire

2601 Wells Avenue, Suite 121

Fern Park, Florida 32730

For Respondent: Eric D. Dunlap, Esquire

Department of Children and

Family Services

400 West Robinson Street

Suite S - 1106

Orlando, Florida 32801 - 1782

STATEMENT OF THE ISSUE

Whether or not Respondent had cause to revoke Petitioners' 1

conditional license to operate a group home facility.

PRELIMINARY STATEMENT

On July 13, 2001, Respondent, Department of Children and

Family Services, advised Petitioners, John R. Oliver and

Otis Clay Oliver, that their conditional license to operate

Friendship Group Home w as revoked. Petitioners (sometimes

hereinafter referred to as the "Olivers") had offered services

to mentally handicapped adults for approximately 22 years.

On May 29, 2001, Respondent had issued a conditional

license to the Olivers as a result of alleged violations of

Rule 65B - 6.010, Florida Administrative Code, which were observed

during a survey dated May 4, 2001. (This survey is incorrectly

referenced as having taken place on May 14, 2001, in testimony

and documents because the date on the survey repo rt is May 14,

2001.)

Respondent advised the Olivers that the conditional license

was revoked because "you have failed to adequately meet the

requirements of your conditional license and because your

submitted documentation of compliance and the present phy sical

condition of your facility failed to meet minimum standards

necessary to convey the continue your conditional license."

These allegations were, in part, based on observations made

during inspections conducted on May 4, 2001, and July 2, 2001.

The No tice of Revocation of License letter advised the

Olivers of their right to an administrative hearing. On

July 24, 2001, the Olivers requested an administrative hearing

by letter from their attorney. In this letter, John Oliver, who

is identified as mana ger of Friendship Group Home, specifically

denied allegations contained in the Notice of Revocation of

License letter dated July 13, 2001.

Respondent referred this matter to the Division of

Administrative Hearings on August 14, 2001. On October 31,

2001, the case was set for final hearing in Orlando, Florida, on

December 20, 2001.

The final hearing commenced as scheduled with Petitioners

presenting their case which took the entire day; Respondent was

unable to present its case, and, as a result, the matt er was not

concluded. On January 3, 2002, a continuation of the final

hearing was scheduled for February 5, 2002. Respondent moved to

continue the final hearing based on the fact that Marlene

Richmond, an important witness, was unavailable until after

Ma rch 18, 2002, due to medical leave. On January 24, 2002, the

motion was granted; the continuation of the final hearing was

rescheduled for March 28, 2002. At the March 28, 2002, final

hearing, Respondent presented its case. As a result of

continuing med ical problems, Marlene Richmond was not available

on March 28, 2002. Leave was granted to include her deposition

as part of the testimony. Her deposition was taken on June 11,

2002, was filed with the Division of Administrative Hearings on

June 26, 2002, and is included as a part of this record.

At the hearings, Petitioners offered the testimony of four

witnesses: John R. Oliver; Otis Clay Oliver; Carolyn Sasser, a

sibling of a resident in Friendship Group Home; and John Cole,

manager of a residential tr aining facility for developmentally

disabled adults. Petitioners entered 12 exhibits into evidence,

which were marked Petitioners' Exhibits 3 - 9, 14, 16, 17, 19,

and 20. Petitioners' Exhibit 20 is a video tape of the facility

taken on December 17, 2001. One exhibit, marked Petitioners'

Exhibit 1, was proffered and is included with this record.

At the June 11, 2002, deposition of Marlene Richmond,

Petitioners attempted to introduce five exhibits; Petitioners'

Exhibits 1 and 2, had previously been off ered on December 20,

2001, and were not admitted at that time. These exhibits, as

well as three additional exhibits offered at the deposition,

marked Petitioners' Exhibits 11, 12, and 13, are not received

into evidence based on the objections raised duri ng the

deposition and at the December 20, 2001, hearing.

Respondent presented six witnesses: Lara Grant, Human

Services Counselor; Bernard Anderson, Senior Safety and

Sanitation Specialist, Orange County Health Department; Lois

Smith and Shirley Soul e, appointed members of the local Advocacy

Council for Individuals with Developmental Disabilities; Laura

Lucas, Human Services Program Specialist, who does licensing;

and Marlene Richmond, Licensing Administrator, Operations

Management Consultant. Respon dent offered six exhibits which

were received into evidence and marked Respondent's

Exhibits 1 - 6. Petitioners' Exhibit 4 and Respondent's Exhibit 2

are identical (only Respondent's Exhibit 2 is included with this

record).

A Transcript of the December 20, 2001, proceedings was

filed with the Division of Administrative Hearings on

January 17, 2002. A Transcript of the March 28, 2002,

proceedings was filed with the Division of Administrative

hearings on April 26, 2002. On June 27, 2002, following the

fili ng of the Richmond deposition, an Order was entered which

allowed the parties until July 19, 2002, to file proposed

recommended orders. Both parties timely filed Proposed

Recommended Orders.

FINDINGS OF FACT

Based on the testimony of witnesses presen ted, the

documentary evidence, and Petitioners' Responses to Request for

Admissions and the entire record in this proceeding, the

following findings of fact are made:

1. Petitioners, John R. Oliver and his father, Otis Clay

Oliver, have owned and ope rated Friendship Group Home for

approximately 22 years. From 1995 until about six months before

the inspections that resulted in a conditional license and its

revocation, they had operated it jointly. Early in 2001,

John Oliver became solely responsible for the management of the

group home facility.

2. Friendship Group Home is a "group home facility." As

defined in Subsection 393.063(24), Florida Statutes, a "'Group

home facility' means a residential facility which provides a

family living environ ment including supervision and care

necessary to meet the physical, emotional, and social needs of

its residents. The capacity of such a facility shall be at

least 4 residents but not more than 15 residents."

3. Respondent, Department of Children a nd Family Services,

is authorized by Section 393.067, Florida Statutes, to "provide

through its licensing authority a system of provider

qualifications, standards, training criteria for meeting

standards, and monitoring for residential facilities . . . ."

4. In addition to its licensing authority, Respondent may,

as authorized by Subsection 393.0673(1), Florida Statutes,

”deny, revoke, or suspend a license or impose an administrative

fine, not to exceed $1,000 per violation per day, for a

violation of any provision of s. 393.0655 or s. 393.067 or rules

adopted pursuant thereto."

5. On March 2, 2002, Bernard "Andy" Anderson, a veteran

safety and sanitation inspector employed by the Orange County

Health Department (an independent governmental agenc y that

inspects public facilities for sanitation and safety), conducted

a routine inspection of Friendship Group Home. Mr. Anderson

described the conditions he found as a "hellhole." More

specifically, he found that thermostats were needed in all

refrige rators; mattresses were soiled and torn; bed linen

throughout was very dirty, ripped, and torn, some needed to be

replaced, all needed regular cleaning; toilets were dirty, some

with feces, all were stained, some needed to be replaced;

showers needed clean ing; and some floor tile needed replacement,

and cleaning.

6. Mr. Anderson further described the facility as "in need

of a lot of work"; "absolute filth in each room of the

facility"; it was so dirty that "it was a place he wouldn't want

to sit down in"; "there was a stench throughout the building";

and "people that lived there were not clean and taken care of."

7. The facility was rated as "unsatisfactory" and given

ten days to make corrections. Upon re - inspection on March 14,

2001, to determi ne corrections, the facility was determined to

be "satisfactory." On April 24, 2001, a fax directed to Laura

Lucas in response to a request from Respondent for a copy of a

Sanitation Inspection Report, Mr. Anderson commented, "Clay

Oliver does just enough to get by me. That place is a

hellhole."

8. Mr. Anderson's testimony and the exhibits he authored

are believable and accepted by the undersigned as credible.

9. Lois Smith and Shirley Soule inspected Friendship Group

Home on February 28, 2001 . Both are experienced members of an

oversight group appointed by the Governor of the State of

Florida which advocates for the developmentally disabled. Their

unannounced inspection was in response to abuse reports received

by Respondent.

10. They characterized the facility as "filthy and foul

smelling"; "the buildings were in disrepair and in need of

paint"; an in - ground swimming pool on the premises was filled

with "green water"; a "horrible odor" was emanating from the

back yard (Mr. Oliver advis ed them that the odor was from the

septic tank which had been damaged and was open); soiled

clothing, bed linen and mattresses were found throughout the

living areas; and medications were found in an unlocked cabinet

and not organized by client.

11. Mss. Smith and Soule made additional observations

which were consistent with the observations of Mr. Anderson, the

health department inspector. Each of these witnesses had the

opportunity and capacity to objectively observe the condition of

Friendship Gro up Home and its clients. The observations and

concern for the conditions as expressed by Mss. Smith and Soule

are credible and accepted by the undersigned.

12. Respondent was contacted by both Mr. Anderson and Mss.

Smith and Soule and advised of the conditions found at

Friendship Group Home. In response to the complaint from the

local advocacy council members, Respondent conducted an

inspection of the facility on March 22, 2001.

13. The March 22, 2001, inspection confirmed the

observations of Mr. Anderson, Ms. Smith and Ms. Soule. In

particular, the inspection noted the following: linen upon the

beds was heavily soiled with dirt and body oils that appeared to

have been there for some time; some beds had blankets on them

and the blankets were in the same condition; and mattresses were

torn and ripped. Linen was piled the in the laundry area which

is outside of a building; the linen had been there so long, that

weeds were growing through the linen pile. Client records were

not being kept in ac cordance with Florida Administrative Code

rules. While Mr. Oliver produced a folder containing loose

papers for some of the clients, he was unable to produce records

on each client that provided a record of expenditures and

required medical information. Medications were maintained in an

unlocked cabinet which included the medications of clients who

were no longer living in the facility. Staff background

screening information and records of in - service training were

not available. Food supplies were not a vailable in appropriate

quantities. Toilets were unclean and badly stained; bathroom

floors were wet, water damage was present; and furniture was

dirty, and broken down. The entire premises smelled of urine.

Air - conditioners were not working, and living quarters were

poorly ventilated. Dead roaches were in cabinets. The pool was

green, and the bottom could not be seen because of the algae.

14. In a March 28, 2001, letter, Respondent specifically

advised John Oliver of the "deficiencies and repai rs." The

letter also advised "[A]fter completion of required work and the

Fire/Health department's re - inspection, an additional site visit

will be conducted prior to a new application for renewal is

approved."

15. On April 24, 2001, Otis Clay Oliver applied for

license renewal for a developmental services residential

facility for a maximum client capacity of 14.

16. On May 4, 2001, a survey/inspection of the facility

was conducted in response to the application for license

renewal. Although im provement from the March 22, 2001,

inspection was noted, there were still missing and incomplete

client records, records of individual expenditures were not

being kept, staff records of training and Florida Department of

Law Enforcement background checks w ere not in place, no written

plan of emergency procedures was on file, no intake and

placement plan was available, air - conditioners were still

inoperable, the facility was still in disrepair, linens and beds

still needed to be replaced, a menu reviewed ann ually by a

dietician was not available, and other violations were present.

17. A May 29, 2001, letter to Mr. John Oliver advised that

a three - month "conditional" license had been approved with an

issue date of June 1, 2001. Although advised of the r ight to

hearing if there was disagreement with the conditional license,

no hearing was requested.

18. The May 29, 2001, letter, which enclosed the May 4,

2001, survey findings, further advised: "Follow - up to sections

A.2 (Budget and Finance), A.3.1. 1 (Clients records), A.4

(Personnel) A.5 (Staff Training) A.6 (Client Rights) A.7

(Emergency Procedures) A.8 (Intake and Placement) H.2.9 (fire

and safety) and H.3. (Facility Plant) H.4 (Maintenance and

Storage) H.5 (Food Service) is required. Please forw ard

notification as soon as possible - but no later than close of

business Friday, June 29, 2001 - that these requirement [sic] has

been met."

19. The May 4, 2001, survey is formally titled, "Statement

of Survey Findings/Deficiencies/Plan of Correction." The

survey, as its title indicates, lists "Findings/Deficiencies,"

(violations of Florida Administrative Code rules), and for each

finding/deficiency there is a listed "Plan of Corrective

Action," and a "Completion Date." The completion date indicated

f or each activity was June 30, 2001. June 30, 2001, was a

Saturday. To avoid confusion, on June 6, 2001, Respondent sent

John Oliver a letter reiterating the completion date of Friday,

June 29, 2001, as indicated in the May 29, 2001, letter.

20. On June 28, 2001, John Oliver forwarded a "Response to

Statement of Survey Findings/Deficiencies/Plan of Action."

He understood that the violations of the Florida Administrative

Code rules as noted in the May 14, 2001 [sic], "Statement of

Survey Findings/De ficiencies/Plan of Correction," were to be

completed by June 29, 2001.

21. On July 2, 2001, Respondent re - inspected Friendship

Group Home and found the following: Records of expenditures

from individual resident accounts are not being appropriately

kept (violation of Rule 65B - 6.010(2)(b), Florida Administrative

Code). Individual records were missing medical summaries,

records of clients' illnesses while resident in the facility,

and written authorization for routine medical and dental care

for clie nts were not present (violation of Rule 65B -

6.010(3)(a)(2) and (4), Florida Administrative Code). Personnel

files lack written references, job descriptions, records of in -

service training and affidavits of good moral character

(violation of Rule 65B - 6.010 (5), Florida Administrative Code).

There was no written emergency plan (violation of Rule 65B -

6.009(23)(b), Florida Administrative Code). One client's room

needed an air - conditioner or other adequate cooling mechanism;

the same room required ceiling repa irs (violation of Rule 65B -

6.010(8)(i)and(l), Florida Administrative Code). Bed linens

were not replaced with clean linen at least once a week

(violation of Rule 65B - 6.010(8)(c)(8), Florida Administrative

Code). Meals were neither supervised by a nutriti onists [sic],

nor conducted pursuant to annual consultation with a dietitian

(violation of Rule 65B - 6.010(9)(c)(1), Florida Administrative

Code).

22. On July 13, 2001, Respondent notified Petitioners by

letter titled, " Notice of Revocation of Licens e " that their

conditional license had been revoked. It advised, "[Y]our plan

of action dated June 28, 2001, and indeed the present condition

of your facility and its records, do not meet the requirements

of your conditional license. In particular (but no t inclusive

of all noted violations), you have failed to properly address

section H.3 (Facility Plant) of the May 14, 2001 [sic], survey.

The conditions of the facilities [sic] roof, bathroom areas,

bedding and swimming pool remain substandard." This let ter then

referenced the July 2, 2001, "home visit," delineating

additional specific violations (paragraph 21, supra ).

23. The observations and reports of the inspections of

March 22, May 4, and July 2, 2001, by Laura Lucas are accepted

as credible. Although suggested by Petitioners, Ms. Lucas did

not demonstrate bias, interest or ulterior motive. Her

observations were consistent with other witnesses and, to some

degree, confirmed by Petitioner, John Oliver.

24. As evidenced by the July 2, 20 01, inspection by

Respondent, Petitioners failed to complete the Plan of

Correction delineated in the May 14, 2001 (incorrectly date -

referencing the May 4, 2001 survey), "Statement of Survey

Findings/Deficiencies/Plan of Correction."

CONCLUSIONS OF LAW

2 5. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. Section 120.57, Florida Statutes.

26. The charging document in this case is Respondent's

Notice of Revocation of License lett er dated July 13, 2001,

which contains specific allegations of Petitioners' failure to

comply with Rule 65B - 6.010, Florida Administrative Code, titled,

"Group Home Facility Standards."

27. In a case of this nature, Respondent bears the burden

of proving the basis for its revocation of Petitioners' license.

Florida Department of Transportation v. J.W.C. , 396 So. 2d 778

(Fla. 1st DCA 1981).

28. Respondent must prove by clear and convincing evidence

that Petitioners are not entitled to licensure. Whe n, as in the

instant case, the proceedings involve loss of a license to

engage in a business or livelihood, it is incumbent that

Respondent prove violation of Section 393.0673, Florida

Statutes, and the Florida Administrative Code rules incorporated

by Sec tion 393.0673, Florida Statutes, by clear and convincing

evidence. Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987); Pic

N' Save Central Florida, Inc. v. Department of Business

Regulation, Division of Alcoholic Beverages and Tobacco , 601 So.

2d 245 (Fla. 1st DCA 1992); Evans Packing Company v. Department

of Agriculture and Consumer Services , 550 So. 2d 112 (Fla. 1st

DCA 1989).

29. Rule 65B - 6.005, Florida Administrative Code, lists four

types of licenses for Developmental Services Programs residential

facilities: (the following two are relevant to this matter)

(1) There shall be four types of licenses

for Developmental Services Programs

residential facilities:

(a) Standard license.

* * *

(c) Conditional license with plan of

correc tion

* * *

(2) A standard license shall be issued to

facilities that are in full compliance with

all applicable standards and requirements.

* * *

(4) A conditional license may be issued to

facilities that fail to meet certain

stand ards or requirements for which no waiver

has been issued. Conditional licenses shall

be time limited and must be accompanied by an

approved plan of correction. Failure to

complete the actions specified in the plan of

correction within the time limit spec ified in

the plan shall result in revocation of the

conditional license.

30. Subsection 393.0673(1), Florida Statutes, reads as

follows:

The Department of Children and Family

Services may deny, revoke, or suspend a

license or impose an administr ative fine,

not to exceed $1,000 per violation per day,

for a violation of any provision of s.

393.0655 or s. 393.067 or rules adopted

pursuant thereto. All hearings shall be

held within the county in which the licensee

or applicant operates or applies fo r a

license to operate a facility as defined

herein.

31. Rule 65B - 6.003(5), Florida Administrative Code, reads

as follows:

(5) A license shall be revoked at any

time, pursuant to Chapter 28 - 6, F.A.C., if

the applicant fails to maintain applicable

standards or to observe any limitations

specified in the license.

32. Rule 65B - 6.010, Florida Administrative Code, titled,

"Group Home Facility Standards," contains the standards

applicable to group home facilities. Petitioner is alleged to

have viola ted the following provisions of Rule 65B - 6.010,

Florida Administrative Code:

(2) Budget and Finance.

* * *

(b) Accounting practices shall conform to

basic accounting procedures and financial

records shall identify each group home

facility expense; individual client accounts

for incidental expenses shall be identified;

and a corporate group home facility shall

verify by a Board of Directors' resolution

that the total program can be maintained

without dependence or reimbursement for at

least sixty (60) days from the date of

opening. Proprietorship and partnership

facilities shall verify by signed statement

that the program can be maintained without

dependence on reimbursement for at least

sixty (60) days from the date of opening.

* * *

(3) Client Records to be maintained by

the facility. The facility shall establish

and maintain on the premises an individual

record for each client.

(a) The record shall be kept in a

lockable container and include at least:

* * *

2 . Written authorization for routine

medical/dental care from the client or

guardian and a medical summary, as supplied

by the Department.

* * *

4. A record of the client's illnesses

and accidents while a resident of the

facility.

* * *

(5) Personnel Qualifications,

Requirements and Responsibilities.

* * *

(b) Staff identified in the application

for licensure and providing direct care

services must be at least eighteen (18)

years of age. Written evidence of the

quali fications of the direct care staff

shall be maintained. Minimum criteria shall

be demonstrated ability to meet the written

established job description, appropriate

life experience, and eighth grade education.

* * *

(d) At least three written character

references (excluding relatives) and an

employment work history shall be required

for direct care staff.

* * *

(8) Group Home Facility Plant.

* * *

(c) Bedrooms.

* * *

8. Bedding and linens shall be provide d

for each client. These include a suitable

pillow, pillow case, sheets, blanket and

spread. Bedding shall be appropriate to the

season. Bed linens shall be replaced with

clean linens at least once each week, or

more frequently as required.

* * *

(i) Housekeeping. Each facility shall

have equipment and supplies to:

1. Keep the building in a clean, safe

and orderly condition.

2. Control odors by appropriate

sanitation practices, effective cleaning

procedures and proper use of ven tilation.

* * *

(l) Maintenance.

1. The facility shall maintain the

interior and exterior of the building in a

clean, safe, presentable and repaired

condition.

2. The grounds and all buildings on the

grounds shall be maintained in a safe,

sanitary and presentable condition.

3. All outdoor garbage and other waste

materials shall be kept in covered

containers until removed. Containers shall

be emptied as often as necessary to prevent

public nuisance, health hazards and

unsightline ss, at least in accordance with

all applicable state and local ordinances.

The facility shall be kept free of

unnecessary and unusable accumulations of

possessions for the operation of the

facility, including equipment and supplies

of residents, staff or the facility's owner

that constitute health and/or fire hazards.

* * *

(9) Food Services.

* * *

(c) Meal Planning.

1. When food services are not supervised

by a nutritionist, a dietician shall be

consulted at least annually. District

Department staff can assist the facility in

securing these services. Summaries of the

consultation shall be retained in the

facility's administrative records two years

from the date of consultation.

33. As required by Rule 65B - 6.005(4), F lorida

Administrative Code, the conditional license issued to the

Olivers for Friendship Group Home was time limited and was

accompanied by an approved plan of correction. The referenced

Rule is clear that "[F]ailure to complete the actions specified

in t he plan of correction within the time limits specified in

the plan [June 29, 2001] shall result in revocation of the

conditional license."

34. The evidence demonstrates clearly and convincingly

that, as observed during both the May 4 and July 2, 2001,

inspections, Petitioners violated Rule 65B - 6.010(2)(b), Florida

Administrative Code, as follows: individual records of client

expenditures were not being maintained.

35. The evidence demonstrates clearly and convincingly

that, as observed during both th e May 4 and July 2, 2001,

inspections, Petitioners violated Rule 65B - 6.010(3)(a)(2) and

(4), Florida Administrative Code, as follows: support plans,

medical summaries, records of client illnesses, and medical and

dental authorizations on certain clients w ere not being

maintained.

36. The evidence demonstrates clearly and convincingly

that, as observed during both the May 4 and July 2, 2001,

inspections, Petitioners violated Rule 65B - 6.010(5), Florida

Administrative Code, as follows: the staff records di d not

contain written character references and a job description.

While there are alleged violations regarding records of in -

service training, affidavits of good moral character,

fingerprint records, and Florida Department of Law Enforcement

background ch ecks, the cited rule, Rule 65B - 6.010(5), Florida

Administrative Code, makes no reference to these staff records

requirements.

37. The evidence demonstrates clearly and convincingly

that, as observed during both the May 4 and July 2, 2001,

inspections , Petitioners violated Rule 65B - 6.010(8)(c)(8),

Florida Administrative Code, as follows: every inspection noted

that the bed linen was discolored, filthy, dirty from body oil,

in disrepair, or some other indication of Petitioners' failure

to comply with t he requirement to provide clean bed linen.

38. The evidence demonstrates clearly and convincingly

that, as observed during both the May 4 and July 2, 2001,

inspections, Petitioners violated Rule 65B - 6.010(8)(i) and (l),

Florida Administrative Code, a s follows: another consistency

among all inspections, was the repeated reference to the state

of general filth and disrepair of the facility, evidence of

water damage caused by leaks in the roof and in the bathroom

facilities, a swimming pool filled with green water and algae,

ripped, torn and broken bedding and furniture; the evidence

demonstrated that the Petitioners had allowed the group home

facility to fall into such a state of disrepair that even though

John Oliver was attempting some repairs, the pr operty was

substandard and continued to be substandard during the May 4 and

July 2, 2001, inspections.

39. The evidence demonstrates clearly and convincingly

that, as observed during both the May 4 and July 2, 2001,

inspections, Petitioners violated Rule 65B - 6.010(9)(c)(1),

Florida Administrative Code, as follows: the requirement that

client menus be approved by a dietician was not being followed.

40. The Notice of Revocation of License letter of July 13,

2001, references a violation of Rule 65 B - 6.009(23)(b), Florida

Administrative Code; this Florida Administrative Code section

deals with "Foster Care Facility Standards," and Subsection

(23)(b), in particular, requires: "The foster caretaker(s)

shall be knowledgeable in procedures for handling emergencies."

While this appears to be some sort of scrivener's error, no

effort was made to amend this allegation, and because of the

punitive nature of these proceedings, this is not established to

be a violation.

41. The foregoing evidence of continu ing violation of the

"Group Home Facility Standards" as established in Rule 65B -

6.010, Florida Administrative Code, clearly and convincingly

demonstrates Petitioners' failure to appropriately and timely

respond to the plan of correction established in the conditional

license issued June 1, 2001.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is recommended that a final order be entered affirming

the revocation of the conditional license of Otis C. Oliver and

John R. Oliver issued on June 1, 2001, to operate a group home

residential facility.

DONE AND ENTERED this 25th day of July, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

JEFF B. CLARK

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 25th day of July, 20 02.

ENDNOTE

1/ Although "Friendship Group Home" is the Petitioner in the

caption of the case, the license appears to be held by Otis C.

Oliver and John R. Oliver. No evidence was presented to

indicate that Friendship Group Home is a legal entity.

COPIES FURNISHED :

Eric D. Dunlap, Esquire

Department of Children and Family Services

400 West Robinson Street, Suite S - 1106

Orlando, Florida 32801 - 1782

Clark D. Lochridge, Esquire

2601 Wells Avenue, Suite 121

Fern Park, Florida 32730

Paul F. Flounlac ker, 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, R oom 204

Tallahassee, Florida 32399 - 0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.