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.

I L E

STATE OF FLORI DA DEC 2 9 2015

AGENCY FOR PERSONS WITH DISABILITI

APO

Agene Clerk ' s Office

Agency for Persons with

Disabilities ,

DOAH Case No. 15-1798FL

Petitioner, RENDITION No . APD-15-16-023-FO

v .

Society of St. Agnes , Inc . ,

Respondent.

FINAL ORDER APPROVING SETTLEMENT STIPULATION

THIS CAUSE is before the Agency for Persons with Disabilities for the purpose

of final agency action addressing the Settlement Stipulation entered into between the

parties in this cause (attached at Exhibit A).

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

December 14, 2015, and being fully advised in the premises, IT IS HEREBY ORDERED

AND ADJUDGED:

1. The Settlement Stipulation is hereby adopted and incorporated by

reference ;

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

the Settlement Stipulation ; and

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

for Persons with Disabilities .

DONE AND ORDERED in Tallahassee , Leon County , Flor i da , th i s 2'( day o f

December, 2015 .

of Operations

Agency for Persons with Disabilities

Copies furnished to :

Geoffrey E . Parmer , Esq . Michael Sauve , Esq.

Dogali Law Group , P. A. C/O Andrew Langenbach , Esq .

Ste. 1100 Senior Attorney

101 East Kennedy Blvd. Agency for Persons with Disabilities

Tampa, Fl 33602 Andrew . [e-mail]

GParmer@dogalilaw . com

(e-served)

APO Central Region Office Claudia Llado , Clerk

Clarence.lewis@apdcares . org Division of Administrative Hearings

The DeSoto Build i ng

1230 Apala c hee Parkway

Tallahassee , Flor i da 32399-3060

(Filed via e-ALJ)

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

listed addresses , by U . S . Mail or electronic mai l.

David De La Paz , Es gency Clerk

Agency for Persons with Disabilities

4030 Esplanade Way , Suite 380

Tallahassee, Florida 32399-0700

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR PERSONS WITH

DISABILITIES ,

Petitioner ,

vs . Case No. 15 - 1798FL

SOCIETY OF ST . AGNES , INC. ,

Respondent .

ORDER CLOSING FILE AND RELINQUISHING JURISDICTION

This cause having come before the undersigned on the Jo i nt

Notice of Voluntary Dismissal , and the undersigned being fu lly

advised , it is , therefore ,

ORDERED that:

1 . The final hearing scheduled for December 17 and 18 ,

2 015 , is canceled .

2 . The file of the Division of Adminis tra tive Hear ings is

closed . Jurisd iction is relinquished to the Agency .

DONE AND ORDERED this 15th day of December , 2015 , in

Tallahassee , Leon County , Florida.

D. R. ALEXAND E R

Administrative Law Judg e

Division of Administra tive Hearings

The DeSoto Bui lding

1230 Apalachee Parkway

Tallahassee , F lorida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 -6847

www.doah.state . fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 15th day of December , 2015 .

COPIES FURNISHED:

David Martin De La Paz , Agency Clerk

Agency for Person with Disabilities

4030 Esplanade Way , Suite 380

Tallahassee , Florida 32399

(eServed)

Geoffrey E . Parmer , Esquire

Dogali Law Group, PA

Suite 1100

101 East Kennedy Boulevard

Tampa , Florida 33602

(eServed)

Michael Sauve , Esquire

Agency for Persons with Disabilities

Suite S - 430

400 West Robinson Street

O rlando, Florida 32801

(eServed)

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR PERSONS WITH

DISABILITIES ,

CASE NO . 15-001798FL

PETITIONER ,

Vs .

SOCIETY OF ST . AGNES, INC .,

RESPONDENT .

JOINT NOTICE OF VOLUNTARY DISMISSAL

COMES NOW, PETITIONER AND RESPONDENT , by and through their respecti ve

counsel, files this Joint Notice of Voluntary Dismissal of the above referenced administrative

action and request that the final hearing set for December 17 and 18 of 2015 be cancelled . The

parties request jurisdiction over this matter be relinquished to the Agency for Persons with

Disabilities for the issuance of a Final Order adopting and incorporating the attached fully

executed Settlement Agreement.

Respectfully submitted ,

I s l Michael Sauve

Michael Sauve

Attorney for Petitioner

Florida Bar No .: 85370

Agency for Persons with Disabilities

400 West Robinson St. , Ste S430

Orlando , Florida 32801

Phone : [phone] , Ext. 612

Fax: [phone]

eMail : Michael [e-mail]

Isl Geoffrey Parmer

Geoffrey E. Parmer

Attorney for Respondent

Florida Bar No . : 0989258

Dogali Law Group , P . A .

101 E . Kennedy Blvd . Suite 1100

Tampa, Flor i da 33602

Phone : [phone]

Fa x: (8 13 ) 289-9435

eMai l: GpParmer@dogalilaw . com

Page 1of2

Filed December 14, 2015 11:18 AM Division of Administrative Hearings

CERTIFICATE OF SERVICE

I HEREBY CERTIFY, that a true and accurate copy of the foregoing has been sent by

electronic mail to Geoff Parmer , Esq. , Attorney for Respondent, at [e-mail] on

this 14th day of December, 2015.

By:

Respectfully submitted ,

Isl Michael Sauve

Michael Sauve

Attorney for Petitioner

Page 2 of 2

STA TE OF FLORIDA

AGENCY FOR PERSONS WITH DISABILITIES

AGENCY FOR PERSONS

WITH DISABILITIES,

DOAH Case: 15-1798FL

Petitioner,

License Numbers : 10000998

v. 10002999

10002086

SOCIETY OF ST. AGNES, INC. ,

Respondent.

SETTLEMENT AGREEMENT

WHEREAS, The Society of St. Agnes, Inc. ( " Respondent") , as . owner/operator of

the above mentioned group homes, and the Agency for Persons with Disabilities

("Petitioner'', "Agency") wish to amicably resolve all claims brought before the

Agency for License Numbers 10000998, 10002999, and 10002086 .

NOW THEREFORE , in consideration of the stipulations, mutual promises, and

recitals set forth herein, the parties intending to be legally bound, agree as follows:

1. Within forty-five ( 45) days from the execution of this Settlement Agreement,

the Respondent shall submit to the Agency applications for re-licensure of

group home licenses 10000998, 10002999, and 10002086.

2 . Upon the Agency's receipt of the Respondent's re-licensure applications,

the Agency shall complete relicensing inspections of each applicable group

home .

3 . Following each relicensing inspection, the Agency shall notify Respondent

in writing of any license violations identified during the inspection within

forty-eight ( 48) hours.

4 . The Respondent shall correct all violations identified during the relicensing

inspections within thirty (30) days from the date of its receipt of each

written notification of license violations.

5 . The Respondent shall demonstrate that any license violations identified

during the relicensing inspections have been corrected by providing the

Agency with evidence of the specific corrections within thirty (30) days

from the date of its receipt of each written notification of license violations .

1

Exhibit A

6. If the Respondent does not timely correct all of the license violations

identified by the Agency following the relicensing inspections, the

Respondent shall immediately relinquish the license or licenses with

outstanding violations .

7. If there are no license violations identified during the rel i censing inspec tions

or if outstanding license violations identified during the relicensing

inspections are resolved timely, the Agency shall promptly relicense the

group home for the period of one year.

8. Immediately following successful re-licensure , each license held by the

Respondent shall be subject to a twelve (12) month probat i onary period .

The probationary period shall coincide with each license ' s effective date .

9 . During the probationary period, the Agency shall send a monitoring team to

each of the Respondent's licensed group homes to complete unannounced

monthly inspections . The Agency's monitoring team shall consist of one

nurse and one licensing specialist.

10. Following each unannounced monthly inspection, the Agency shall notify

Respondent in writing of any license violations identified during the

inspection within forty-eight (48) hours .

11. Each license violation found during the probationary period shall be

designated as either a "C lass I," "C lass II , " or "Cl ass Ill " violation, consistent

with the definitions set forth in Rule 65G-2.0041, Florida Administrative

Code.

12. The Respondent shall correct all license violations identified dur i ng the

unannounced monthly inspections within fifteen (15) days from the date of

its receipt of each written notification of license violations.

13. The Respondent sha ll demonstrate that any license violations identified

during the unannounced monthly inspections have been correc ted by

providing the Agency with a Corrective Action Plan as defined by Rule 65G-

2.004(2), Florida Administrative Code, and evidence of the specific

correc tions within fifteen ( 15) days from the date of its receipt of each written

notification of li cense violations.

14 . The Respondent's failure to timely correct a license v i olation identified

during an unannounced monthly inspection shall result in the violation

carrying over into the next inspection month, regardless of whether or not

the violation is corrected before the next unannounced monthly inspection .

15. During the twelve (12) month probationary period, the Respondent shall not

accumulate one ( 1) or more Class I violation OR four ( 4) or more Class 11

violations OR twenty (20) or more Class Ill violations pe r l i cense . The

Respondent shall relinqu i sh any l i cense that accumulates violations in

excess of the requirements provided by this section during the probationary

period.

16. The Respondent's failure to timely correct a license violation identified

during an unannounced monthly inspection that is carried over to the next

i nspection month shall be deemed a separate license violation of the same

class . The Agency shall include the carr i ed over violation when calculating

the Respondent's accumulated license violations during the probationary

period .

17 . The Agency shall immediately notify the Respondent in writing if it

accumulates license violat i ons in excess of the requirements set forth in

sect i on 15 of this Settlement Agreement.

18 . Upon receipt of notification, the Respondent shall re l inquish any license that

has accumulated violations in excess of the requirements of section 15 of

this Settlement Agreement within thirty (30) days .

19 . At the end of the probationary period , the Respondent shall submit to the

Agency applications for re-licensure of the group homes that have

successfully completed the probationary period .

20 . The Respondent shall not seek re-licensure of a group home l icense that

was relinquished subject to the terms of this Settlement Agreement for six

(6) months follow i ng the relinquishment date.

21 . Upon full execution of this Settlement Agreement , the Respondent will file

a voluntary dismissal of the administrative appeal with the Florida Division

of Administrative Hearings under Case Number 15-1798FL. Thereafter , the

Agency shall enter a Final Order adopting and incorporating the terms of

this Settlement Agreement and closing the Administrative Complaint filed

on Apr i l 1 , 2015.

22. By e x ecuting this Settlement Agreement , the parties stipu l ate that the

settlement of this matter shall constitute a compromise of the disputed

claims , and that this Settlement Agreement does not constitute an

admission of liab i lity by the Respondent for the facts contained in the

Administrative Complaint against license numbers 10000998 , 10002999 ,

and 10002086 .

23 . The Respondent acknowledges that this proposed Settlement Agreement

i s subject to approval of the Directo r 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.

24 . This Settlement Agreement contains the entire understanding and

agreements of the parties and supersedes any prior oral or written

agreements between the parties . This Settlement Agreement may not be

amended except in writing.

25 . This Settlement Agreement is binding on all the parties herein and shall

become effective on the date upon which it is fully exec u ted by all the

parties .

26 . The undersigned have read and understand this Settlement Agreement and

have the authority to bind their respective principals to it. All parties agree

that a facsimile signature suffices for an original signature .

27 . Venue for any action brought to interpret , challenge or enforce the terms of

this Settlement Agreement shall lie solely in the Th i rteenth Judicial Circuit

in and for Hillsborough County , F l orida.

28 . 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 act i on

from the non-prevailing party .

29 . The Respondent for itself and for its related or resulting organizations , i ts

successors or transferees, attorneys, heirs , and executo r s o r

administrators, does hereby discharge the State of F lor i da, Agency for

Persons with Disabilities , and its agents, representatives , and attorneys of

and from all claims , demands , actions, causes of action , suits , damages ,

losses, and expenses, of any and every nature whatsoever , aris i ng out of

or in any way related to this matter and the Agency ' s actions , including , but

not limited to , any claims that were or may be asserted in any federal or

state court or administrative forum, excepting any claims aris i ng out of th i s

Settlement Agreement , by or on behalf of the Respondent.

30 . To the extent that any provision of this Settlement Agreement is prohibited

by law for any reason , such provision shall be effective to t h e extent not so

prohibited , and such prohibition shall not affect any other prov i sion of this

Settlement Agreement.

3 1 . All parties enter into this Settlement Agreement freely and v o l unta ril y and

int e nd to be bound by the terms herein , and have sought or had t h e

opport u nity to seek legal counsel as evidenced by the i r signat u r e s, effective

as dated below .

The tonowing representatives hereby acknowledge that they are duly authorized

to enter Into this agreement.

Date : \\ IJ \\ \\\\ j 9..81

Date : / 2- - I ( - /.S-

Geoff Parmer , A omey for Respondent

Date:

Tom Rankin , Deputy Director of Operat i ons

Agency for Persons with Dlsablllties

Date: I '2. /, w.. !1 s

Michael Sauve, Attorney for Petitioner , '

Agency for Persons with Disabilities