07-001721 West Coast Family Services, Paul Bell, And James Crowe vs. Department Of Children And Family Services Status: Closed Recommended Order on Wednesday, August 1, 2007.

Summary: The license for a group home is denied because Petitioner failed to meet minimum requirements.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WEST COAST FAMILY SERVICES, )

INC.; PAUL BELL ; AND JAMES )

CROWE , )

)

Petitioner s , )

)

vs. ) Case No. 07 - 1721

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES , )

)

Respondent . )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in this

case on June 14, 2007, via video teleconference with sites in

Tallahassee and Tampa , Florida, before Administrative Law Judge

(ALJ) R. Bruce McKibb en of the Divisio n of Administrative

Hearings (DOAH) .

APPEARANCES

For Petitioner: Bruce G. Kaufmann, Esquire

Bruce G. Kaufmann, P.A.

1564 Oakadia Lane

Clearwater, Florida 33764 - 2541

For Respondent: Raymond R. Deckert, Esquire

Department of Children and

Family Services

Regional Headquarters

9393 North Florida Avenue, Suite 902

T ampa, Florida 33612

STATEMENT OF THE ISSUE

The issue in this case is whether Petitioners' application

for licensure of a group home should be approved or denied.

PRELIMINARY STATEMENT

Petitioners filed an application for licensure of a group

home with t he Department of Children and Family Services (DCF)

on July 30, 2006. The application was deemed incomplete , and

Petitioners were asked to submit additional information and

documentation. Letters were sent from DCF to Paul Bell, the

applicant's represent ative, on a number of occasions. DCF then

inspected the proposed group ho me site in October and

November 2006. After review of the application submissions and

the facility itself, DCF denied the application for licensure.

Petitioners timely filed a req uest for administrative

hearing , which was then forwarded to DOAH on April 17, 2007. At

the final hearing, Petitioners offered the testimony of three

witnesses: Paul Bell, operations officer for the corporate

applicant; Dr. James Crowe; and Donna Crowe. By stipulation,

all 23 of Petitioners' exhibits were admitted into evidence.

Respondent had one witness, Christine Emden, testify at the

final hearing. All of Respondent's 12 exhibits were admitted

into evidence by stipulation of the parties.

The partie s advised the undersigned that a transcript would

be ordered of the final hearing. They were given ten days from

the date the transcript was filed at DOAH to submit proposed

recommended orders. The T ranscript was filed at DOAH on July 5,

2007, making the proposed recommended orders due on Monday,

July 16 , 2007 . Respondent timely filed its P roposed R ecommended

O rder. Counsel for Petitioners called DOAH on the due date and

expressed a desire for an extension of time inasmuch as he had

not timely received his copy of the T ranscript of the final

hearing from the court reporter due to an address error. He was

advised to obtain consent of opposing counsel before the

undersigned would rule on his request. Petitioner s filed a

Proposed Recommended Order via fa x on July 17 , 2007, which was

accepted, making the request for additional time appear moot.

However, by fax dated July 19, 2007, Petitioners ' counsel

indicated that he had received consent from Respondent to file

an "amended proposed order" on or before J uly 23 , 2007 . The ALJ

approved the agreement and gave Petitioners two additional days

to update t heir P roposed R ecommended O rder if deemed necessary.

Petitioner's [A mended ] Proposed Recommended Order was faxed to

DOAH on July 24, 2007, but was accepted. Respondent did not

further amend its P roposed R ecommended O rder. Both parties'

proposed findings of fact and conclusions of law were considered

in the prepara tion of this Recommended Order.

FINDINGS OF FACT

1. West Coast Family Services, Inc. (West Coa st) , is a

newly formed not - for - profit corporation, established primarily

for the purpose of establishing group homes for underprivileged

children. Its corporate officers are Paul Bell, James Crowe ,

and Barbara Walker. There are five members on the corpor ate

board of directors. West Coast was formed in 2006. Its address

is 8463 Park Boulevard, Seminole, F lorida , which is where the

group home at issue in this proceeding (the "Faci lity") is to be

established.

2. Paul Bell is a corporate officer of West Co ast, is the

proposed operations officer for the Facility, and is the person

primarily responsible for preparing the licensure application.

Bell was also the key witness for Petitioner s during its case in

chief at final hearing. 1

3. James Crowe is Bell's partner and anticipates working

at the Facility as a counselor, direct care worker , and owner.

His wife, Donna Crowe, is also an officer of West Coast and may

become an employee of the Facility.

4. DCF is the state agency responsible for, inter alia ,

lic ensing and monitoring group homes for children in the State

of Florida. The Suncoast Region of DCF was responsible for the

application at issue.

5. When Bell first contacted DCF about opening a group

home for children, he was given information about the licensure

application procedures in a letter. Due to an error in the

address, the letter was re - sent to Bell some two months later.

Bell prepared the licensure application package in accordance

with the instructions, to the best of his ability, and submi tted

it to DCF. Both parties agree there is a need for a group home

in Pinellas County .

6. By letter dated October 9, 2006 , DCF notified Bell that

several items needed to complete the application were still

outstanding. (There is some dispute as to whet her West Coast

received some correspondence from DCF due to an incorrect zip

code on the letters. Bell testified at final hearing that he

knew what information was missing from his application based on

face to face meetings with DCF personnel ; so , whether he

received the letters or not is not extremely pertinent.)

7. After the October 9 , 2006, letter, Bell submitted

additional documentation to DCF in an attempt to complete the

application. Letters outlining omissions were sent to Bell by

DCF on October 9 , October 24, October 25 , and November 2 , 2006 .

The latter correspondence was hand - delivered to Bell at the DCF

offices, although Bell denied receiving it by hand. The DCF

witness' testimony as to this fact was more credible.

8. Finally, not being satis fied with the materials

submitted by West Coast, DCF issued a denial letter outlining

23 items in the application which fell short of licensure

requirements. Those items form the basis for West Coast's

challenge and will be addressed individually below. The items

(in italics) and West Coast's respo nses are as follows:

9. Item 1 - - West Coast did not provide terms of office

for members of its governing body . West Coast ultimately

provided a comprehensive list of the governing body, the terms

for each me mber , and a statement that each member was annually

renewed unless otherwise noted.

10. Item 2 - - The dining area at the Facility was

inadequate . West Coast did not have a sufficient number of

dining room chairs at the Facility during the final inspectio n

by DCF. The single dining area designated for seating six

children was quite small. However, there are two separate

dining areas and an additional seating area at a breakfast bar.

Chairs for the Facility could be quickly obtained; but , at no

time duri ng the inspection of the Facility were the chairs on

site.

11. Item 3 - - Emergency t elephone numbers were not posted

at the Facility . The emergency numbers were admitted into

evidence , and Bell's testimony that they have now been poste d at

the Facility i s credible.

12. Item 4 - - Unsafe transportation, as evidenced by a

l ack of insurance and registration for Bell's auto and an

expired driver ' s license . Although not provided at the time of

the application, Bell was able to produce a valid driver's

license , insurance card , and registration at the time of final

hearing. However, there are other individuals who will be

transporting children to and from the Facility. Although

currently designated as volunteers rather than staff, there is

evidence that the in dividuals are licensed to drive and have

undergone background screening. Bell's driving record, which

included citations for driving with a suspended license, an

expired license , and no current tag, is a legitimate concern by

DCF.

13. I tem 5 - - Authorize d m enus for six months must be

provided . West Coast initially provided a menu for one week,

hand - written and extremely generic in nature, in response to the

Department's request. West Coast later provided menus for one

month's operation at the Facility. The menus were not signed or

approved by a certified dietician. The application did not

address whether the menus were meant for both staff and

children. Although there was a stated intent by West Coast to

participate in the Florida Department of Educat ion food program,

no such participation currently exists. West Coast did not

retain menus for a six - month period because the Facility had not

been open for six months.

14. Item 6 - - Emergency policies and procedures were

deficient . West Coast initially submitted a hand - written policy

entitled "Transportation." It is scant in content and does not

address how emergency situations will be handled other than that

staff will respond and transport as necessary. As Bell

testified at final hearing, in an emerg ency situation, "I would

call 911, sir." A revised policy was later submitted which

designates which staff and/or volunteers may be available or on

call, but the policy still provides no specific guidance

concerning how emergency care will be provided. T he policy

includes names of persons currently identified as "volunteers"

r ather than staff.

15. Item 7 - - Inadequate temporary isolation room . West

Coast initially designated a room that appeared to be part of

the normal ingress and egress for the home. When that room was

rejected by DCF, a room in the rear of the Facility was

designated. However, by the time the new room was selected, DCF

had already denied the application. Therefore, no further

inspection of the Facility was made to determine if the

designated isolation room would be proper. Based on Bell's

description of the room, it appears to meet the requirements for

an isolation area. However, the room does contain a stove and

refrigerator, raising concerns about contamination by a n

infected ch ild. A schematic was submitted to show the location

of the new isolation room, but it is questionable in nature. 2

16. I tem 8 - - Absence of l inkages and cooperative

agreements with community agencies . West Coast presented

letters from two community agenc ies expressing an interest in

working with the Facility. Neither letter was a final

agreement, nor did they address costs, kinds of services or

other provisions. Rather, the letters and statements indicate a

willingness on the part of West Coast to devel op such agreements

in the future.

17. Item 9 - - Incident Reporting Procedures are deficient .

The application contained an incident reporting policy

accompanied by an incident report form. The policy and form

appear generally relevant to incident reporti ng issues ; however ,

they appear to be generic forms, some of them addressing an

organization other than West Coast. The policy statement refers

to forms and other policies which are not attached. It mentions

regional personnel , but no mention of a region al hierarchy for

West Coast appears in the record. It appears to be a policy

copied from some other agency , but without the requisite tie - in

to or adoption by West Coast.

18. I tem 10 - - Child abuse and neglect statements by staff

are missing . West Coast went to great lengths to explain that

it currently has no staff. However, Bell, Crowe , and several

"volunteers" 3 were identified as potential staff for the

Facility. Bell signed a statement indicating he had read and

understood child abuse and neglect l aws. There is no indication

whatsoever as to which laws he read or whether the statutes were

responsive to the cited rule. No other st aff member signed a

statement.

19. Item 11 - - Absence of c ommunity activities and

services . West Coast submitted the a forementioned letters of

interest from two community groups. It also provided some

additional information about what those groups do. Although its

policy statement says West Coast has made arrangements with

local groups, there was no credible evidence th at su ch

arrangements have been made.

20. I tem 12 - - Inadequate or incomplete r ecreation,

leisure activities , and work experience . The scant information

provided by West Coast indicates an intention to involve the

children in activities. The Facility obv iously does not yet

have any children living there ; so , it is impossible to generate

a totally accurate plan of activities. However, the schedules

lack substance. They do not indicate an understanding of the

need for specific, understandable guidelines w hich can be read

and followed by staff.

21. Item 13 - - Insufficient d iscipline, control and

punishment policies . The policies submitted by West Coast do

address these issues. They do not, however, explain or provide

sufficient guidance for either childr en or staff. Rather, they

are broad, general policies which need further development.

22. Item 14 - - Staff qualifications . West Coast provided

letters of recommendation, copies of college diplomas , and

related information for Bell and Crowe. No such in formation was

presented for other staff because no other staff has been hired.

There is no way to ascertain whether the people West Coast

intends to hire will fulfill the requirements of the rule. The

information on Bell and Crowe was deficient in that i t did not

include employment confirmation and did not include a perso nnel

file as required by rule.

23. I tem 15 - - Staffing Requirements . The staffing

schedule initially filed by West Coast as part of the

application indicates two persons on day shift an d one person on

the second and third shift, Monday through Friday. For

weekends, there would be one person on first shift, two on

second shift , and one person on third shift. A supplemental

"Staffing Requirements" policy was submitted. It designates

whi ch potential staff members would be on call, but still fails

to adequately demonstrate that sufficient trained staff will be

available on all shifts. Inasmuch as no specific persons have

been hired, there is no way to ascertain whether the anticipated

sta ff is qualified, certified in first aid, or otherwise able to

perform its duties. West Coast expresses its intent to take

some children out for movies on weekends. However, it does not

address how the two groups (those at home versus those who go

out) wi ll be supervised at the appropriate ratio.

24. I tem 16 - - Inadequate bu dget for facility and

in sufficient funds to operate . The budget submitted by West

Coast in its application addresses four categories: Rent,

Utilities, Food and Salary. The total mon thly budget was

initially estimated at $3,500 , although the Board of Directors

included in the application a statement that a budget of $3 , 000

per month would be sufficient. The proposed budget is about

one - half of the typical budgets for most six - bed fac ilities

licensed by the state. The budget does not include funds for

entertainment, maintenance, supplies, payroll taxes,

transportation, or other costs associated with running a group

home. West Coast then submitted a supplemental budget

estimating $8,0 00 per month in expenses. That budget addressed

the same four categories mentioned in the original budget, but

increased the amounts for each category. The new budget still

failed to address all the ancillary costs of operations. West

Coast failed to es tablish an understanding of the costs of

operating a group home. West Coast did provide some evidence of

potential funds for operating over a six - month period. The

saving account of Mrs. Crowe was designated for use by West

Coast. The unanswered questio n at final hearing was whether

that account is dedicated solely for the Facility or whether the

funds can be used for other purposes. A third party pledged his

home as collateral, but that source of funds is not liquid in

nature nor was there any non - hear say evidence concerning

outstanding debt on the property. Another person pledged her

state retirement funds as collateral, but there was no credible,

non - hearsay evidence that such funds were liquid and available.

25. Item 17 - - Admission Application . W est Coast

submitted an admissions package that minimally met all the

requirements of the rule.

26. Item 18 - - Orientation of children . The policies and

procedures submitted by West Coast, while not extremely

substantive in nature, appear to meet the mini mum requiremen ts

of the rule.

27. Item 19 - - Failure to meet F ood Service requirements .

The menu submitted by West Coast was not approved by a

registered dietician. West Coast did not designate who would be

in charge of overall management of food servic es, but did

express its intent to participate in the Department of

Education's Food and Nutrition Management Program, an acceptable

alternative. As of the date of the final hearing, no such

arrangements h ad been made with that program.

28. Item 20 - - Hea lth Care Plan is deficient . West Coast

provided a supplement to the application outlining a health care

policy in an effort to meet the rule requirements. There is an

absence of trained health personnel on staff, but that is due to

the fact that West Coa st has not yet hired any staff. One of

the owners, Bell, is trained in CPR , but no other persons could

fill the role at this time. The health care plan includes

visits to doctors, dentists, and eye - care professionals, but

does not indicate how the childr en will be transported and

supervised during those visits. Mrs. Crowe is listed as a nurse

on staff who will evaluate the children regularly, but she has

not been hired as an employee.

29. Item 21 - - Lack of sufficiently trained p ersonnel .

Because it ha s not yet hired any staff, West Coast has not

established written policies for recruitment, retention and

effective performance of qualified personnel. It is impossible

to determine whether there is an understanding of this

requirement due to the lack of information supplied by West

Coast. The sparse information submitted with the application

does not satisfy the rule requirements. 4

30. Item 22 - - Job Functions and Staff Qualifications fail

to satisfy requirements . The staffing information submitted by

West Coast is woefully deficient in content and completeness.

There is no evidence that any staff have been hired or that

proposed staff meet the requirements of the rule. Educational

records for Bell and Crowe indicated training for those

individuals. However, there is no correlation between their

educational background s and their propos ed positions with the

Facility.

31. Item 23 - - Staff Development . West Coast provided a

policy that minimally me t the requirements of the rule.

32. DCF reviewed and processed the application in a manner

consistent with its policies and procedures. There were several

meetings between the applicant and the state to discuss

deficiencies in the application. 5 Despite numerous opportunities

to do so, West Coast was not ab le to adequately respond to the

state's requests for additional s upport.

CONCLUSIONS OF LAW

33. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding pursuant to Section 120.569 and Subsecti on 120.57(1),

Florida Statutes (2006) . 6

34. DCF is the state agency charged with the

responsibility of licensing, inter alia , group homes for

children. S ubs ection 409.175 (2)(j), Florida Statutes, states:

"Residential child - caring agency" means any

perso n, corporation, or agency, public or

private, other than the child's parent or

legal guardian, that provides staffed 24 -

hour care for children in facilities

maintained for that purpose, regardless of

whether operated for profit or whether a fee

is charged. Such residential child - caring

agencies include, but are not limited to,

maternity homes, runaway shelters, group

homes that are administered by an agency,

emergency shelters that are not in private

residences, and wilderness camps.

Residential child - car ing agencies do not

include hospitals, boarding schools, summer

or recreation camps, nursing homes, or

facilities operated by a governmental agency

for the training, treatment, or secure care

of delinquent youth, or facilities licensed

under s. 393.067 or s. 394.875 or chapter

397.

35. Under S ubsection 409.175 (2)(a), Florida Statutes, an

"Agency" means a residential child - caring agency or a child -

placing agency. Subsection 409.175(4)(a), Florida Statutes,

s tates :

A person, family foster home, or residen tial

child - caring agency shall not receive a

child for continuing full - time care or

custody unless such person, home or agency

has first procured a license from the

department to provide such care. This

requirement does not apply to a person who

is a rela tive of the child by blood,

marriage, or adoption or to a legal

guardian, a person who has received the

child from the department, a licensed child -

placing agency, or an intermediary for the

purpose of adoption pursuant to chapter 63.

36. Once the depart ment determines that the applicant

meets the state minimum licensing requirements, it can issue a

license. § 409.175 (6)(h), Fla . Stat. The requirements for

licensure are set forth in Florida Administrative Code Rule 65C -

14.001 through 14.056 (the "Rule" ).

37. A state agency is given wide discretion in

interpreting statutes or rules with which they are responsible

for administering. Interpretations by an agency of its

regulations are provided great weight by the trier of fact.

See , e.g. , Pan American W orld Airways, Inc. v. Florida Public

Service Commission , 427 So. 2d 716 (Fla. 1983); Gerald B.

Natelson v. Department of Insurance , 454 So. 2d 31 (Fla. 1st DCA

1984).

38. West Coast's compliance with the requirements of the

following subsections of the Fl orida Administrative Code

Rule 65C - 14 is pertinent to this matter:

14.008(3) - - The building or cottage shall

have one or more dining areas large enough

to comfortably accommodate the number of

pe rsons who are normally served.

While the evidence tends to show that sufficient area is

available, it was not ready at the time of inspection due to the

absence of chairs. This requirement was not fully satisfied.

14.012(1) - - Vehicles used to transport

children shall be maintain ed in safe

operating condition.

DCF's interpretation of this rule that it mandates insurance

coverage and valid licenses for drivers is reasonable. This

requirement was not met because of the concern about Bell's

driving record and the absence of information for other staff.

14.014(8) - - All facilities shall have

written procedures in cases of emergency or

life threatening situations including

arrangements for emergency transport

services for clients. Plans for provision

of supervision must be made in cases of

emergency when on duty sta ff are required to

accompany a child to a hospital emergency

room.

West Coast did not show a substantial understanding of this

requirement , and its procedures, as submitted, f ail to satisfy

the requirement.

14.014(6) - - Provision shall be made for

tempora ry isolation of children with

communicable disease. When such isolation

is necessary, close supervision shall be

provided.

The propriety of West Coast's proposed isolation room could not

be verified, thus the requirement was not met.

14.014(7) - - All fac ilities shall maintain

linkages and cooperative agreements with

community agencies, out - of - area programs, or

individuals for services not directly

provided by the agency, including a plan for

handling emergency medic al and dental needs

of clients.

The pro posals submitted by West Coast were too speculative to

meet the requirements.

14.016 - In cident Notification Procedures.

The procedures proposed by West Coast are generic in nature and

probably relate to some other entity. No showing was made that

the ap plicant had an independent understanding of the

requirements relating to incident reporting.

14.017(5) - - The facility shall require each

staff member to read and sign a statement

which states the child abuse and neglect

laws and outlines the staff member 's

responsibility to report all incidents of

child abu se and neglect.

Only one proposed employee had signed a statement that the child

abuse laws had been read. There is no credible evidence in the

record as to which statutes were reviewed or that other

employees had read the statutes. The statement itself does not

state the child abuse and neglect laws; it merely says that

certain unidentified "Laws of the State of Florida" have been

read. This requirement was not met.

14.018(1) - - The facility shall have written

policies to involve children in community

activities and services. The facility shall

arrange for recreational and cultural

enrichment and shall provide transportation

and supervision as need ed for use of

community resources to assure that re sident

children are allowed to become a part of the

community. Runaway programs will be

exempted from this section.

As stated previously, the linkages with community groups has not

yet been formalized. No contracts exist , and , therefo re, the

requirement was not met.

14.019(1) - - The facility shall have a

written plan for a range of indoor and

outdoor recreational and leisure activities.

Such activities shall be based on the group

and individual in terests and needs of the

child ren in care .

Although no c hildren are yet living at the Facility and so a

program tailored to individual needs cannot be met, the schedule

of activities provided by West Coast is too generic and does not

demonstrate an understanding of the rule requirements.

14.021(1) - - The facil ity shall have written

policies on discipline, control and

punishment which shall be provided to all

children, parent or guardian, staff,

agencies and the department. The policies

for discipline and control shall emphasize

positive, instead of punitive,

methods. . . .

The proposal submitted by West Coast lacks sufficient substance

and guidance to meet this requirement.

14.023(1) - - The facility shall employ

personnel who have demonstrated qualities

which enable them to work well with children

in group ca re, such as: The capacity to

give and receive affection, sensitivity,

flexibility, emotional maturity, the ability

to deal with frustration and conflict, a

sense of humor, and a capacity to respect

persons with differin g lifestyles and

philosophies.

14.0 23(2) - - The facility shall employ

personnel who have knowledge and an

understanding of discipline and ways of

helping a child build positive p ersonal

relationships.

14.023(3) - - The facility shall perform

screen ing and background checks . . .

14.023(5) - - The facility shall have a

personnel file for each employee . . .

West Coast has not yet hired personnel to staff the Facility,

thus it is impossible to measure their compliance with this

requirement. Despite remonstrations to the contrary by West

Coas t, such information is necessary to obtain a license.

14.024(1) - - The facility shall have

adequate staff coverage at all times to

provide for the services identified in the

agency's statement of purpose.

14.024(2) - - The facility shall develop and

follo w a written staff to child ratio

formula. . . .

14.024(3) - - The facility shall designate a

staff member on the premises to be in charge

at all times when children are present.

14.024(4) - - The facility shall have and

follow a written plan to provide add itional

emergency staff when on ly one staff member

is on duty.

The staffing schedules provided by West Coast are deficient in

identifying staff and providing for adequate coverage and show a

lack of understanding concerning the child - to - worker ratio. The

requirement is not met.

14.026(2) - - Funding: The agency shall

provide written documentation that it has

sufficient funds to meet all requirements

for licensure. Facilities beginning

operation shall provide evidence of

sufficient funding for operation o f the

program for at least six months.

14.026(3) - - Budget: The agency shall

prepare a written budget annually.

The budget submitted by West Coast does not appear adequate.

Its source of funds for six - month's operation is questionable .

The requirement was not met.

14.051 - - The facility shall assign a staff

member to the overall management of the food

service. If this person is not a

professionally registered dietician,

consultation on menu planning shall be

obtained at least quarterly from a

professi onally registered dietician or the

local health department. Residential

programs participating in the Department of

Education's Food and Nutrition Management

Program will be considered to have met this

requirement.

The menu submitted by West Coast was no t done by a registered

dietician, nor had the applicant enrolled in the Food and

Nutrition Management Program. The requirement was not met.

14.052(1) - - The facility shall have a

written comprehensive plan for preventive,

routine, emergency, and follow - u p medical

and dental care for all children and shall

ensure that each child has an annual

physical and dental examination. . . .

14.05 2(2) - - The facility shall have at all

times a staff member on duty trained to

administer first aid and cardiopulmonary

r esuscitation.

The proposal submitted by West Coast fails to provide the

necessary guidance and fails to provide comprehensive plans as

required by the Rule.

14.054 (1)(a) - - The facility shall have

written personnel policies and pr actices

conducive to the recruitment, retention, and

effective performance of qualified

personnel. . . .

14.054(2) - - The facility shall have a

personnel file for each employee.

The information submitted by West Coast fail ed to satisfy this

requirement.

14.055 - - The facility s hall employ staff to

perform administrative, supervisory,

service, and care functions. . . .

To date, West Coast has only "hired" one employee, Mr. Bell.

Although Mr. Crowe stated his intent to be on staff, neither he

nor anyone else has yet been hired. The Rule requirement was

not met.

39. Of the 23 items identified by DCF in its denial

letter, all the items not mentioned above were at least

minimally satisfied by information submitted by West Coast.

40. Based on the information it reviewed, DCF could not

determine that West Coast met the minimum requirements set forth

in the Rule, thus no license could be issued. West Coast did

not demonstrate an understanding of the need to satisfy

licensure requirements prior to commencement of operations.

41. It is clear West Coast would agree to meet all state

licensure requirements after it begins operations, but in order

to obtain a license, it is necessary to first satisfy all

licensure requirements. Based upon the evidence, West Coast

does not meet its burde n in this case.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that a final order be entered by the Department

of Children and Family Services denying the application for

licensure of a group home to West C oast.

DONE AND ENTERED this 1st day of August , 2007 , in

Tallahassee, Leon County, Florida.

S

R. BRUCE MCKIBBEN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallah assee, 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 1st day of August , 2007 .

ENDNOTES

1/ It was difficult to ascertain whether Bell was fully

familiar with all the elements of the application. Bell's

attorney continually led Bell through his testimony, suggesting

to Bell what he should say. When Bell did testify on cross

examination, he seemed only minimally knowledgeable about the

specifics of running a group home. Therefore, his testimony was

not as credible as it might otherwise have been.

2/ It should be noted that at least four schematics of the

Facility were included in the application materials submitted

into evidence. See Items 1, 2, 3 , and 6. There was an

additional schematic in Respondent's E xhibit 12 as well.

However, the floor plans and locations of rooms in those various

schematics are not consistent, making it very difficult to

ascertain exactly how the Facilit y is going to be laid out. For

example, a kitchen in one version becomes a bedroom in another

version, then a laundry in yet another version. The conflicting

schematics do not constitute credible evidence.

3/ Throughout the final hearing, persons who were going to be

affiliated with the Facility were alternately referred to as

either staff, employees or volunteers. It seems, from the

inferences made, that some of these persons have volunteered to

become employees but have not yet been hired. Upon co mmencement

of their employment with the Facility, they would be regular

staff rather than volunteers. As of the date of the final

hearing, Bell was the only person designated as an employee

already on staff.

4/ In this item and many others, West Coast p resented credible

testimony as to its future intentions concerning the licensure

requirements. West Coast failed to understand and , therefore ,

failed to establish that it should first meet the requirements

so that DCF would be authorized to issue a licens e for West

Coast to commence operations.

5/ There appears to have been approximately 29 times that DCF

and Bell communicated in some fashion. Some of the written

correspondence from DCF was not properly addressed, but Bell

acknowledged that he was made aware of all the deficiencies in

the application. West Coast received notice as to what was

required, but was unable to satisfy the requirements.

6/ Unless stated otherwise herein, all references to the

Florida Statutes shall be to the 2006 version.

COPIES FURNISHED :

Raymond R. Deckert, Esquire

Department of Children and

Family Services

Regional Headquarters

9393 North Florida Avenue, Suite 902

Tampa, Florida 33612

Bruce G. Kaufmann, Esquire

Bruce G. Kaufmann, P.A.

1564 Oakadia Lane

Clearwater, Florida 33764 - 2541

Gregory Venz, Agency Clerk

Department of Children and

Family Services

Building 2, Room 204B

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

John Copelan, General Counsel

Department of Children and

Family Services

Buildin g 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

Robert Butterworth, Secretary

Department of Children and

Family Services

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

NOTICE OF RIGHT TO SUBMIT EXC EPTIONS

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.