15-001798
Agency For Persons With Disabilities vs.
Society Of St. Agnes, Inc.
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 15, 2015.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 15, 2015.
1I L E
4STATE OF FLORI DA DEC 2 9 2015
12AGENCY FOR PERSONS WITH DISABILITI
17APO
18Agene Clerk ' s Office
23Agency for Persons with
27Disabilities ,
28DOAH Case No. 15-1798FL
32Petitioner, RENDITION No . APD-15-16-023-FO
37v .
39Society of St. Agnes , Inc . ,
45Respondent.
46FINAL ORDER APPROVING SETTLEMENT STIPULATION
51THIS CAUSE is before the Agency for Persons with Disabilities for the purpose
64of final agency action addressing the Settlement Stipulation entered into between the
76parties in this cause (attached at Exhibit A).
84Upon consideration of the Settlement Stipulation , approved by the Agency on
95December 14, 2015, and being fully advised in the premises, IT IS HEREBY ORDERED
109AND ADJUDGED:
1111. The Settlement Stipulation is hereby adopted and incorporated by
121reference ;
1222. The parties shall adhere to and abide by all the terms and conditions of
137the Settlement Stipulation ; and
1413 . This Final Order shall take effect upon filing with the Clerk of the Agency
157for Persons with Disabilities .
162DONE AND ORDERED in Tallahassee , Leon County , Flor i da , th i s 2'( day o f
179December, 2015 .
182of Operations
184Agency for Persons with Disabilities
189Copies furnished to :
193Geoffrey E . Parmer , Esq . Michael Sauve , Esq.
202Dogali Law Group , P. A. C/O Andrew Langenbach , Esq .
212Ste. 1100 Senior Attorney
216101 East Kennedy Blvd. Agency for Persons with Disabilities
225Tampa, Fl 33602 Andrew . langenbach@apdcares.org
231GParmer@dogalilaw . com
234(e-served)
235APO Central Region Office Claudia Llado , Clerk
242Clarence.lewis@apdcares . org Division of Administrative Hearings
249The DeSoto Build i ng
2541230 Apala c hee Parkway
259Tallahassee , Flor i da 32399-3060
264(Filed via e-ALJ)
267Copies of this Final Order were provided to the above - named individuals at the
282listed addresses , by U . S . Mail or electronic mai l.
294David De La Paz , Es gency Clerk
301Agency for Persons with Disabilities
3064030 Esplanade Way , Suite 380
311Tallahassee, Florida 32399-0700
314STATE OF FLORIDA
317DIVISION OF ADMINISTRATIVE HEARINGS
321AGENCY FOR PERSONS WITH
325DISABILITIES ,
326Petitioner ,
327vs . Case No. 15 - 1798FL
334SOCIETY OF ST . AGNES , INC. ,
340Respondent .
342ORDER CLOSING FILE AND RELINQUISHING JURISDICTION
348This cause having come before the undersigned on the Jo i nt
360Notice of Voluntary Dismissal , and the undersigned being fu lly
370advised , it is , therefore ,
374ORDERED that:
3761 . The final hearing scheduled for December 17 and 18 ,
3872 015 , is canceled .
3922 . The file of the Division of Adminis tra tive Hear ings is
406closed . Jurisd iction is relinquished to the Agency .
416DONE AND ORDERED this 15th day of December , 2015 , in
426Tallahassee , Leon County , Florida.
430D. R. ALEXAND E R
435Administrative Law Judg e
439Division of Administra tive Hearings
444The DeSoto Bui lding
4481230 Apalachee Parkway
451Tallahassee , F lorida 32399 - 3060
457(850) 488 - 9675
461Fax Filing (850) 921 -6847
466www.doah.state . fl.us
469Filed with the Clerk of the
475Division of Administrative Hearings
479this 15th day of December , 2015 .
486COPIES FURNISHED:
488David Martin De La Paz , Agency Clerk
495Agency for Person with Disabilities
5004030 Esplanade Way , Suite 380
505Tallahassee , Florida 32399
508(eServed)
509Geoffrey E . Parmer , Esquire
514Dogali Law Group, PA
518Suite 1100
520101 East Kennedy Boulevard
524Tampa , Florida 33602
527(eServed)
528Michael Sauve , Esquire
531Agency for Persons with Disabilities
536Suite S - 430
540400 West Robinson Street
544O rlando, Florida 32801
548(eServed)
549STATE OF FLORIDA
552DIVISION OF ADMINISTRATIVE HEARINGS
556AGENCY FOR PERSONS WITH
560DISABILITIES ,
561CASE NO . 15-001798FL
565PETITIONER ,
566Vs .
568SOCIETY OF ST . AGNES, INC .,
575RESPONDENT .
577JOINT NOTICE OF VOLUNTARY DISMISSAL
582COMES NOW, PETITIONER AND RESPONDENT , by and through their respecti ve
593counsel, files this Joint Notice of Voluntary Dismissal of the above referenced administrative
606action and request that the final hearing set for December 17 and 18 of 2015 be cancelled . The
625parties request jurisdiction over this matter be relinquished to the Agency for Persons with
639Disabilities for the issuance of a Final Order adopting and incorporating the attached fully
653executed Settlement Agreement.
656Respectfully submitted ,
658I s l Michael Sauve
663Michael Sauve
665Attorney for Petitioner
668Florida Bar No .: 85370
673Agency for Persons with Disabilities
678400 West Robinson St. , Ste S430
684Orlando , Florida 32801
687Phone : (407) 245-0440 , Ext. 612
693Fax: (407) 245-0578
696eMail : Michael .Sauve@apdcares.Org
700Isl Geoffrey Parmer
703Geoffrey E. Parmer
706Attorney for Respondent
709Florida Bar No . : 0989258
715Dogali Law Group , P . A .
722101 E . Kennedy Blvd . Suite 1100
730Tampa, Flor i da 33602
735Phone : (813) 289-0700
739Fa x: (8 13 ) 289-9435
745eMai l: GpParmer@dogalilaw . com
750Page 1of2
752Filed December 14, 2015 11:18 AM Division of Administrative Hearings
762CERTIFICATE OF SERVICE
765I HEREBY CERTIFY, that a true and accurate copy of the foregoing has been sent by
781electronic mail to Geoff Parmer , Esq. , Attorney for Respondent, at GParmer@doqalilaw.com on
793this 14th day of December, 2015.
799By:
800Respectfully submitted ,
802Isl Michael Sauve
805Michael Sauve
807Attorney for Petitioner
810Page 2 of 2
814STA TE OF FLORIDA
818AGENCY FOR PERSONS WITH DISABILITIES
823AGENCY FOR PERSONS
826WITH DISABILITIES,
828DOAH Case: 15-1798FL
831Petitioner,
832License Numbers : 10000998
836v. 10002999
83810002086
839SOCIETY OF ST. AGNES, INC. ,
844Respondent.
845SETTLEMENT AGREEMENT
847WHEREAS, The Society of St. Agnes, Inc. ( " Respondent") , as . owner/operator of
861the above mentioned group homes, and the Agency for Persons with Disabilities
873("Petitioner'', "Agency") wish to amicably resolve all claims brought before the
886Agency for License Numbers 10000998, 10002999, and 10002086 .
895NOW THEREFORE , in consideration of the stipulations, mutual promises, and
905recitals set forth herein, the parties intending to be legally bound, agree as follows:
9191. Within forty-five ( 45) days from the execution of this Settlement Agreement,
932the Respondent shall submit to the Agency applications for re-licensure of
943group home licenses 10000998, 10002999, and 10002086.
9502 . Upon the Agency's receipt of the Respondent's re-licensure applications,
961the Agency shall complete relicensing inspections of each applicable group
971home .
9733 . Following each relicensing inspection, the Agency shall notify Respondent
984in writing of any license violations identified during the inspection within
995forty-eight ( 48) hours.
9994 . The Respondent shall correct all violations identified during the relicensing
1011inspections within thirty (30) days from the date of its receipt of each
1024written notification of license violations.
10295 . The Respondent shall demonstrate that any license violations identified
1040during the relicensing inspections have been corrected by providing the
1050Agency with evidence of the specific corrections within thirty (30) days
1061from the date of its receipt of each written notification of license violations .
10751
1076Exhibit A
10786. If the Respondent does not timely correct all of the license violations
1091identified by the Agency following the relicensing inspections, the
1100Respondent shall immediately relinquish the license or licenses with
1109outstanding violations .
11127. If there are no license violations identified during the rel i censing inspec tions
1127or if outstanding license violations identified during the relicensing
1136inspections are resolved timely, the Agency shall promptly relicense the
1146group home for the period of one year.
11548. Immediately following successful re-licensure , each license held by the
1164Respondent shall be subject to a twelve (12) month probat i onary period .
1178The probationary period shall coincide with each license ' s effective date .
11919 . During the probationary period, the Agency shall send a monitoring team to
1205each of the Respondent's licensed group homes to complete unannounced
1215monthly inspections . The Agency's monitoring team shall consist of one
1226nurse and one licensing specialist.
123110. Following each unannounced monthly inspection, the Agency shall notify
1241Respondent in writing of any license violations identified during the
1251inspection within forty-eight (48) hours .
125711. Each license violation found during the probationary period shall be
1268designated as either a "C lass I," "C lass II , " or "Cl ass Ill " violation, consistent
1284with the definitions set forth in Rule 65G-2.0041, Florida Administrative
1294Code.
129512. The Respondent shall correct all license violations identified dur i ng the
1308unannounced monthly inspections within fifteen (15) days from the date of
1319its receipt of each written notification of license violations.
132813. The Respondent sha ll demonstrate that any license violations identified
1339during the unannounced monthly inspections have been correc ted by
1349providing the Agency with a Corrective Action Plan as defined by Rule 65G-
13622.004(2), Florida Administrative Code, and evidence of the specific
1371correc tions within fifteen ( 15) days from the date of its receipt of each written
1387notification of li cense violations.
139214 . The Respondent's failure to timely correct a license v i olation identified
1406during an unannounced monthly inspection shall result in the violation
1416carrying over into the next inspection month, regardless of whether or not
1428the violation is corrected before the next unannounced monthly inspection .
143915. During the twelve (12) month probationary period, the Respondent shall not
1451accumulate one ( 1) or more Class I violation OR four ( 4) or more Class 11
1468violations OR twenty (20) or more Class Ill violations pe r l i cense . The
1484Respondent shall relinqu i sh any l i cense that accumulates violations in
1497excess of the requirements provided by this section during the probationary
1508period.
150916. The Respondent's failure to timely correct a license violation identified
1520during an unannounced monthly inspection that is carried over to the next
1532i nspection month shall be deemed a separate license violation of the same
1545class . The Agency shall include the carr i ed over violation when calculating
1559the Respondent's accumulated license violations during the probationary
1567period .
156917 . The Agency shall immediately notify the Respondent in writing if it
1582accumulates license violat i ons in excess of the requirements set forth in
1595sect i on 15 of this Settlement Agreement.
160318 . Upon receipt of notification, the Respondent shall re l inquish any license that
1618has accumulated violations in excess of the requirements of section 15 of
1630this Settlement Agreement within thirty (30) days .
163819 . At the end of the probationary period , the Respondent shall submit to the
1653Agency applications for re-licensure of the group homes that have
1663successfully completed the probationary period .
166920 . The Respondent shall not seek re-licensure of a group home l icense that
1684was relinquished subject to the terms of this Settlement Agreement for six
1696(6) months follow i ng the relinquishment date.
170421 . Upon full execution of this Settlement Agreement , the Respondent will file
1717a voluntary dismissal of the administrative appeal with the Florida Division
1728of Administrative Hearings under Case Number 15-1798FL. Thereafter , the
1737Agency shall enter a Final Order adopting and incorporating the terms of
1749this Settlement Agreement and closing the Administrative Complaint filed
1758on Apr i l 1 , 2015.
176422. By e x ecuting this Settlement Agreement , the parties stipu l ate that the
1779settlement of this matter shall constitute a compromise of the disputed
1790claims , and that this Settlement Agreement does not constitute an
1800admission of liab i lity by the Respondent for the facts contained in the
1814Administrative Complaint against license numbers 10000998 , 10002999 ,
1821and 10002086 .
182423 . The Respondent acknowledges that this proposed Settlement Agreement
1834i s subject to approval of the Directo r of the Agency for Persons with
1849Disabilities , and that this Settlement Agreement will have no force and effect
1861until signed by the Director or her designee.
186924 . This Settlement Agreement contains the entire understanding and
1879agreements of the parties and supersedes any prior oral or written
1890agreements between the parties . This Settlement Agreement may not be
1901amended except in writing.
190525 . This Settlement Agreement is binding on all the parties herein and shall
1919become effective on the date upon which it is fully exec u ted by all the
1935parties .
193726 . The undersigned have read and understand this Settlement Agreement and
1949have the authority to bind their respective principals to it. All parties agree
1962that a facsimile signature suffices for an original signature .
197227 . Venue for any action brought to interpret , challenge or enforce the terms of
1987this Settlement Agreement shall lie solely in the Th i rteenth Judicial Circuit
2000in and for Hillsborough County , F l orida.
200828 . The parties agree that each party shall bear its own costs and attorney ' s
2025fees, unless legal action is required to enforce the terms of this Settlement
2038Agreement, in which case the prevailing party will be entitled to recover
2050reasonable attorneys ' fees and costs incurred in the enforcement act i on
2063from the non-prevailing party .
206829 . The Respondent for itself and for its related or resulting organizations , i ts
2083successors or transferees, attorneys, heirs , and executo r s o r
2094administrators, does hereby discharge the State of F lor i da, Agency for
2107Persons with Disabilities , and its agents, representatives , and attorneys of
2117and from all claims , demands , actions, causes of action , suits , damages ,
2128losses, and expenses, of any and every nature whatsoever , aris i ng out of
2142or in any way related to this matter and the Agency ' s actions , including , but
2158not limited to , any claims that were or may be asserted in any federal or
2173state court or administrative forum, excepting any claims aris i ng out of th i s
2189Settlement Agreement , by or on behalf of the Respondent.
219830 . To the extent that any provision of this Settlement Agreement is prohibited
2212by law for any reason , such provision shall be effective to t h e extent not so
2229prohibited , and such prohibition shall not affect any other prov i sion of this
2243Settlement Agreement.
22453 1 . All parties enter into this Settlement Agreement freely and v o l unta ril y and
2264int e nd to be bound by the terms herein , and have sought or had t h e
2282opport u nity to seek legal counsel as evidenced by the i r signat u r e s, effective
2301as dated below .
2305The tonowing representatives hereby acknowledge that they are duly authorized
2315to enter Into this agreement.
2320Date : \\ IJ \\ \\\\ j 9..81
2328Date : / 2- - I ( - /.S-
2337Geoff Parmer , A omey for Respondent
2343Date:
2344Tom Rankin , Deputy Director of Operat i ons
2352Agency for Persons with Dlsablllties
2357Date: I '2. /, w.. !1 s
2364Michael Sauve, Attorney for Petitioner , '
2370Agency for Persons with Disabilities
- Date
- Proceedings
- PDF:
- Date: 08/05/2015
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 17 and 18, 2015; 9:30 a.m.; Tampa and Tallahassee, FL).
- PDF:
- Date: 07/20/2015
- Proceedings: Order Granting Joint Motion for Continuance (parties to advise status by August 4, 2015).
Case Information
- Judge:
- D. R. ALEXANDER
- Date Filed:
- 04/01/2015
- Date Assignment:
- 04/02/2015
- Last Docket Entry:
- 12/29/2015
- Location:
- Tampa, Florida
- District:
- Middle
- Agency:
- Other
Counsels
-
Elaine Marquardt Asad, Esquire
Agency for Persons with Disabilities
Suite 380
4030 Esplanade Way
Tallahassee, FL 32399
(850) 922-2030 -
Geoffrey E. Parmer, Esquire
Dogali Law Group, PA
Suite 1100
101 East Kennedy Boulevard
Tampa, FL 33602
(813) 289-0700 -
Michael Sauve, Esquire
Address of Record