15-006794FL Agency For Persons With Disabilities vs. Bes Support Services, Inc., Owner And Operator Of, Bes 8th Street Group Home Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, March 28, 2016.

STATE OF FLORIDA

AGENCY FOR PERSONS WITH DISABILITIES

Agency for Persons with

Disabilities , J t)

DOAH Case No . .:i-6-6794FL

Petitioner, RENDITION No . APD - 15-16 - 040-FO

v .

BES Support Services , Inc . I L E

Owner and Operator of ,

BES 8 1 h Street Group Home , MAY - 9 201 6 D

Respondent. APO

Ag e nc Cl e rk ' s Off i ce

FINAL ORDER APPROVING SETTLEMENT

THIS CAUSE is before the Agency for Persons w i th Disabilities for the purpose

of final agency action addressing the Settlement entered into between the parties in this

cause (attached at Exhibit A) .

Upon consideration of the Settlement Stipulation , approved by the Agency on

May 4 , 2016 , and being fully advised in the premises, IT IS HEREBY ORDERED AND

ADJUDGED:

1 . The Settlement is hereby adopted and incorporated by reference ;

2 . The parties shall adhere to and abide by all the terms and conditions of

the Settlement ; and

3 . This Final Order shall take effect upon filing with the Clerk of the Agency

for Persons with Disabil i ties .

APD-15-16-040 - FO I 1

DONE AND ORDERED in Tallahassee, Leon County, Florida, this /.; J1- day of

May , 2016 .

Tom Rankin, Deputy Director of Operations

Agency for Persons with Disabilities

Copies furnished to :

Andrew Langenbach , Esq . Brian F. McGrail , Esq.

Agency for Persons with Disabilities Deputy General Counsel

[e-mail] Agency for Persons with Disabilities

[e-mail]

Larry D. Hardaway , Esq. Claudia Llado, Clerk

Hardaway and Associates Law Firm Division of Administrative Hearings

1022 Lakeland Hills Blvd. The DeSoto Building

Lakeland, Fl 33802 1230 Apalachee Parkway

Tallahassee , Florida 32399-3060

Charlann Jackson Sanders, Esq. (Filed via e-ALJ)

Charlann Jackson Sanders, P . A .

Post Office Box 7752 APO Central Region Office

Lakeland , Fl 33807

Copies of this Final Order were provided to the above-named individuals at the

listed addresses , by U.S. Mail or electronic mail.

David De La Paz , Es gency Clerk

Agency for Perso ith Disabilities

4030 Esplanade Way , Suite 380

Tallahassee, Florida 32399-0700

APD-15-16-040-FO 12

STATE OF FLORIDA

DIVISION O F ADMINISTRATIVE HEARINGS

AGENCY FOR PERSONS WITH

DISABILITIES ,

Petitioner ,

vs . Case No . 15 - 6794FL

BES SUPPORT SERVICES , INC.,

OWNER AND OPERATOR OF , BES 8TH

STREET GROUP HOME ,

Respondent .

ORDER CLOSING FILE AND RELINQUISHING JURISDICTION

This ca use having come before the undersigned on

Petitioner ' s Unopposed Motion to Relinquish Jurisdiction , filed

March 25 , 2016 , and the undersigned being fully advised, it is ,

therefore,

ORDERED that :

1 . The final hearing scheduled for March 29 , 2016 , is

canceled.

2. The file of the Division of Administrative Hearings is

closed. Jurisdiction is relinquished to the Agency for Persons

with Disabilities.

DONE AND ORDERED this 28th day of March , 2016 , in

Tallahassee , Leon County , Fl orida .

LYNNE A . QUIMBY-PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee , Florida 32399 - 3060

(850) 488 - 9675

Fax Filing [phone]

www . doah.state . fl . us

Filed with the Clerk of the

Division of Administrative Hearings

this 28th day of March, 2016.

COPIES FURNISHED:

David Martin De La Paz , Agency Clerk

Agency for Person with Disabilities

Suite 380

4030 Esplanade Way

Tallahassee, Florida 32399

( eServed )

Charlann Jackson Sanders , Esquire

Charlann Jackson Sanders, P . A.

Post Office Box 7752

Lakeland, Florida 33807

(eServed)

Larry D . Hardaway, Esquire

Hardaway and Associates Law Firm

1022 Lakeland Hills Boulevard

Lakeland , Florida 33802

Brian F. McGrail, Esquire

Agency for Persons with Disabilities

Suite 380

4030 Esplanade Way

Tallahassee, Florida 32399 - 0950

(eServed)

Andrew Langenbach, Esquire

Agency for Persons with Disabilities

Suite S430

400 West Robinson Street

Orlando , Florida 32801

(eServed)

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR PERSONS WITH DISABILITIES

Petitioner,

vs . DOAH CASE NO.: 15-006794FL

BES SUPPORT SERVICES, INC,

OWNER AND OPERATOR OF,

BES st11 STREET GROUP HOME,

Respondent.

PETITIONER'S UNOPPOSED MOTION TO RELINQUISH JURISDICTION

COMES NOW, the Agency for Persons with Disabilities, and requests a cancellation of the March

29, 2016 hearing in this case and that OOAH relinquish jurisdiction of this case to APO for a final order

accepting settlement. In support, APO states:

1 . This case is currently scheduled for hearing on March 29, 2016 , at 9 : 00 AM.

2. The parties have engaged In negotiation regarding this case .

3. The parties have reached settlement, with signatures pending on the settlement

agreement.

4. There are no longer material issues at dispute in this case .

5. Counsel for Petitioner has spoken to counsel for Respondent and there Is no objection

to this motion.

WHEREFORE, The Petitioner respectfully requests a cancellation of the March 29, 2016 hearing and that

DOAH relinquish jurisdiction of this case to APO for a final order accepting settlement.

Dated: March 25, 2016

Respectfully Submitted,

alwc Ii

Andrew esq.

Attorney for Petitioner

400 West Robinson St, Ste. 54300

Orlando, Fl 32801

Tel: 407 - 245-0440 ext. 606

Filed March 25, 2016 4:09 PM Division of Administrative Hearings

SEITLEMENT AGREEMENT

BETWEEN

THE AGENCY FOR PERSONS WITH DISABILITIES

AND

BES SUPPORT SERVICES, INC

l J/

This Settlement Agreement is made this :,... -1 day of April, 2016, and is between the State of

Florida, Agency for Persons with Disabilities, 4030 Esplanade Way , Suite 380, Tallahassee , Florida

32399-0950 ("Agency" or "APDu) and BES Support Services, Inc. (" Respondenr).

WHEREAS, the Agency and Respondent are litigants in the case of Agency For Persons With

Disabilities vs . BES Support Services, Inc . , Owner and Operator of, BES 8th Street Group Home,

Division of Administrative Hearings ("DOAH"), Case Number 15-006794FL ( " Case").

WHEREAS, the Agency and Respondent have determined that it is in their best interest to settle

the case in order to avoid the uncertainty of continued litigat i on and additional costs related

thereto; and both parties have consulted with counsel before signing this agreement.

NOW THEREFORE, in consideration of the mutual covenants contained herein , the parties agree

as follows:

1. Respondent will terminate staff named in the July 2014 DCF investigation identified in

Count I of the Administrative Complaint if they are not already terminated. Specifically Bonnie

Coleman, Princess Neal, and Joseph Moran .

2. Hardie Sykes will not go to BES 8 1 h Street Group Home unless for maintenance

purposes. While at BES 8 1 h Street Group Home for maintenance purposes, Hardie Sykes will

have no unsupervised interaction with the residents.

3 . Barbara Sykes, as administrator of BES 8 1 h Street Group Home, will :

a) With the exception of vacation time and holiday observances, which will be planned

for in advance and appropriately noticed, Ms . Sykes will be present at the BES 8 1 h

Street Group Home for a minimum of 25 hours each week.

b) Complete a self-assessment (CMS Residential Survey) within 30 days of the

execution of this agreement and submit the assessment to APO.

c) Document both the in-house training, and the training listed in sect i on 4 of this

agreement, for all staff at BES 8 1 h Street Group Home.

d) Maintain records ons i te of her presence in the home, specifically not i ng times .

e) Within two years of execution of this agreement, i dentify and hire suitably qualified

persons to be trained on operations, management and administrative duties at BES

8 th Street Group Home.

f) Fulfill the training requirements in section 4 of this agreement for new and current

staff, including re-training of the 8th Street Group Home staff on how to conduct

body checks of residents. The body check training must occur w i thin 30 days of the

execution of this agreement and within 30 days of hiring any new staff.

g) Ensure that regular body checks are completed by staff .

Page 1of3

Ex hi bi t A

h) Review communications logs .

i) Hold monthly staff meet i ngs that will include , but are not l i m i ted to , quizzes given to

the staff cover i ng zero tolerance as well as choice a n d rights po li c i es based on

situations that arise at BES 8th Street Group Home between meetings .

j) Document the monthly meetings i ncluding staff attendance , training d i scuss i ons ,

and the meet i ng agenda outlining in detail the top i cs covered .

k) Assess the need for meetings more regularly than a month l y basis and implement

meet i ngs as necessary.

I) By the end of 2018, have a full-time member of the BES 8 th Street Group Home

staff that is comparably trained to Ms . Sykes and capable of performing all duties of

Administrator over the 8th Street Group Home.

m) Create progress reports on the completion of subsections a- I and present them to

APO at quarterly meet i ngs between APO and the admin i strator o f BES 8 111 Street

Group Home at the APO Lakeland Office until December 31 , 2018 .

4 . All s t aff at BES 8 1 h Street Group Home must undergo the following train i ng in the 6 month

period following the execution of this agreement:

a) Reactive Strategy Training

b) Zero Tolerance Training

c) Choices and Rights Training

d) Person Centered Training

5 . Respondent will mainta i n staffing that provides the appropriate physical care and

superv i sion for the res i dents of the BES 8 1 h Street Group Home .

6 . Within 30 days of the execution of this settlement agreement, Respondent will meet with

The Agency's Quality Assurance and Quality Improvement Manager to rev i ew the new procedures

and checklists .

7 . If ei ther party identifies a breach of sections 1 - 6 of this agreement , Respondent will have

30 days to cure the breach or wi ll r el i nquish their license to BES 8th Street G r oup Home on the 31 51

day .

8 . This Settlement Agreement i s the final expression of the part i es ' agreement with respec t

to the matters specified herein and is the exclus i ve statement of t he terms of t h eir agreement to

resolve the pending case.

9 . This Settlement Agreement supersedes and replaces any prior ora l or wr i tten

agreements between the parties. All terms and conditions of th i s settlement are fully set forth i n

this document and no other material terms of settlement exist outs i de this document.

10. The parties have part i cipated in the drafting of this Settlement Agreemen t and have had

the opportunity to consult with one another and their legal representatives concerning its terms .

Th i s Settlement Agreement shall not be interpreted str i ctly against any one party on the g r ound

that the party drafted the Settlement Agreement or any part of it.

11 . To e x pedite the signing of this Settlement Agreement , the parties stipulate and agree

that facs i mile or electron i c transmission shall bind the t r ansmitting party to t h e same exten t as

Page 2 of 3

Ea ch signatory to this Settlement Agreement will furnish the original signature page to

t,;ounsei for the Agency, Andrew Langenbach, who will distribute copies to all parties once all

s i gnature pages are received .

13. This Settlement Agreement does not constitute an admission of wrongaoing or errcr b;

either party with respect to this case or any other matter.

14. To the extent that any provision of this Settlement Agreement is prohibited by Jaw for any

reason , such provision shall be effective to the extent not so prohibited, and such prohibition

shall not affect any other provision of this Settlement Agreement .

15 . Except as otherwise provided in this Settlement Agreement ." each party waives any and all

claims, demands, rights, title, or interest that either party may have, or hereafter acquires

against the other party that may have arisen out of the pending case . This warver 1s bmamg on the

executors, administrators, personal representatives, heirs, assigns, officers, directors,

shareholders, agents, apparent agents, servants, employees, employers , and insurers of each party

as applicable .

16. Venue for any action brought to interpret, challenge or enforce the terms of this Settlement

Agreement shall lie solely in the Second Jud i cial Circuit in and for Leon County, Florida.

17 . The parties agree that each party shall bear its own costs and attorney's fees, unless legal

action is required to enforce the terms of this Settlement Agreement, in which case the prevailing

party will be entitled to recover reasonable attorneys' fees and costs incurred in the enforcement

action from the non-prevailing party.

18 . To the extent that any provision of this Settlement Agreement is prohibited by law for any

reason, such provision shall be effective to the extent not so prohibited , and such prohibition shall

not affect any other provision of this Settlement Agreement

19. This Settlement Agreement shall inure to the benefit of and be binding on each party's

successors, assigns, heirs, administrators, representatives and trustees.

20. Respondent acknowledges that this proposed Settlement Agreement is subject to approval

of the Director of the Agency for Persons with Disabilities , and that this Settlement Agreement will

have no force and effect until signed by the Director or her designee. After approval by the Director,

and upon execution of this Settlement Agreement, Petitioner will file a Voluntary Dismissal of the

pending DOAH action. Upon DOAH issuing an Order of Dismissal, the Agency shall enter a Final

Order adopting and incorporating the terms of this Agreement and closing the Administrative

Complaint filed on December 3, 2015.

RESPONDENT

0011.jpza [ Kv

Barbara Sykes, Owner, BES

£

Printed Name Printed Name and Title

t/ /..:> 7 / 2 - I /t1; t ' ,· .

Date Date

Page 3 of 3