09-001540 Lamar`s Companion Service Corp., A Florida Corporation, D/B/A Lindsey Group Home, And Minnie Lindsey vs. Agency For Persons With Disabilities Status: Closed Recommended Order on Wednesday, August 19, 2009.

Summary: The evidence showed that Petitioner failed to file the required application for renewal of her license. Recommend that the renewal be denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAMAR’S COMPANION SERVICE )

CORP., A FLORIDA CORPORATION, )

d/b/a LINDSEY GROUP HOME, AND )

MINNIE LINDSEY, )

)

Petitioners, )

)

vs. ) Case No. 09-1540

)

AGENCY FOR PERSONS WITH DISABILITIES, )

)

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held on June 1, 2009,

before Diane Cleavinger, Administrative Law Judge, Division of

Administrative Hearings, in Pensacola, Florida.

APPEARANCES

For Petitioner: Minnie Lindsey, pro se

1792 Terex Circle

Cantonment, Florida 32533

For Respondent: Jonathan Grabb, Esquire

Agency for Persons with Disabilities

4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399-1050

STATEMENT OF THE ISSUE

Whether Petitioner is entitled to renewal of its standard

license as a group home for the developmentally disabled.

PRELIMINARY STATEMENT

On August 20, 2008, the Petitioner, Lamar’s Companion

Service Corp., filed a Petition for Formal Administrative

Hearing with the Agency for Persons with Disabilities (APD),

challenging APD’s failure to renew her standard license as a

group home for the developmentally disabled. In the Petition,

Petitioner also attempted to dispute action taken by the Agency

for Health Care Administration (AHCA), a separate agency from

APD. AHCA was never served with the Petition. Accordingly, on

March 23, 2009, APD forwarded the Petition for Formal

Administrative Hearing to the Division of Administrative

Hearings. The only issue forwarded to the Division of

Administrative Hearings was the issue regarding renewal of

Petitioner’s standard license as a group home for the

developmentally disabled.

At the hearing, Petitioner offered the testimony of 2

witnesses and offered 4 exhibits into evidence. Respondent

offered the testimony of 3 witnesses and offered 6 exhibits into

evidence.

After the hearing, Petitioner filed a Proposed Recommended

Order on June 13, 2009. The proposed order consisted of a

letter and several unmarked exhibits. The exhibits were not

introduced into evidence at the hearing, but have been

considered in the preparation of this Recommended Order.

Respondent agency also filed a Proposed Recommended Order on

July 13, 2009.

FINDINGS OF FACT

1. For many years, Petitioner was a licensed group home

under APD and filed its annual application for renewal of its

license. The group home was known as Lindsey’s Group Home and

was located in Cantonment, Florida. It was operated by Minnie

Lindsey. Around October 1, 2007, Petitioner was again licensed

by the Department as a group home caring for developmentally

disabled persons. The license issued was Standard license #S-

1031. It expired on September 30, 2008.

2. Petitioner and APD also entered into a Medicaid Waiver

Services Agreement to provide services to disabled clients of

APD under the Developmental Disabilities Home and Community

Based Waiver program or the Family and Supported Living Program.

Because of its contract with APD, Petitioner was issued a

Medicaid provider number by the Agency for Health Care

Administration. The Medicaid provider number permitted

Petitioner to be paid for providing Medicaid qualified services

to APD’s clients.

3. By letter dated July 30, 2008, Petitioner was notified

that APD was terminating the Medicaid Waiver Services Agreement

with Petitioner. The effective date of the termination was

August 29, 2008. The letter took no action against Petitioners’

license.

4. As a result of APD’s termination of its contract with

Petitioner, AHCA cancelled Petitioners’ Medicaid provider

number. Both actions are in litigation in the Escambia County

Circuit Court and the issues and evidence surrounding those

actions are not relevant to this proceeding.

5. On the other hand, the evidence was clear, and

Petitioner admitted, that no application for renewal of

Petitioners’ license was submitted to APD. Petitioner also

admitted that she knew an application was required for license

renewal. Given these facts, Petitioner is not entitled to

renewal of its license as a group home since it failed to submit

an application for renewal of its license.

CONCLUSIONS OF LAW

6. The Division of Administrative Hearings has

jurisdiction over the limited subject matter of and the parties

to this proceeding. § 120.57(1), Fla. Stat. (2008).

7. Petitioner has the burden of proving entitlement to a

license. Florida Department of Transportation v. J.W.C. Co.,

Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981). Department of Banking

and Finance v. Osborne Stern and Company , 670 So. 2d 932, 934

(Fla. 1996). Additionally, Petitioner must show that it meets

all of the relevant statutory criteria to satisfy this burden.

8. Section 393.067, Florida Statutes, states, in relevant

part:

(1) The agency shall provide through its

licensing authority and by rule license

application procedures, provider

qualifications, facility and client care

standards, requirements for client records,

requirements for staff qualifications and

training, and requirements for monitoring

foster care facilities, residential

habilitation centers, and comprehensive

transitional education programs that serve

agency clients.

* * *

(3) An application for a license under this

section must be made to the agency on a form

furnished by it and shall be accompanied by

the appropriate license fee.

9. Petitioner has admitted that it failed to submit an

application for license renewal. By its terms, its license

expired on September 30, 2008. There was no evidence in the

record that the agency took any action regarding Petitioner’s

now-expired license. Given these facts, Petitioner is not

entitled to a renewal of its license and the Petition for Formal

Administrative Hearing should be dismissed.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is, therefore,

RECOMMENDED that a final order be entered finding

Petitioner is not entitled to renewal of its license and

dismissing the Petition for Formal Administrative Hearing.

DONE AND ENTERED this 19th day of August, 2009, in

Tallahassee, Leon County, Florida.

S

DIANE CLEAVINGER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 19th day of August, 2009.

COPIES FURNISHED :

Jonathan Grabb, Esquire

Agency for Persons with Disabilities

Office of the General Counsel

4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399

Minnie Lindsey

Lamar’s Companion Service Corporation

1792 Terex Circle

Cantonment, Florida 32533

John Newton, General Counsel

Agency for Persons with Disabilities

4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950

James DeBeaugrine, Executive Director

Agency for Persons with Disabilities

4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950

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.