18-006496FL
Loving Touch &Quot;A Brighter Future&Quot; Home, Owned And Operated By Zulia Brenovil, Loving Touch Adult Family Care, Inc. vs.
Agency For Persons With Disabilities
Status: Closed
Recommended Order on Tuesday, May 28, 2019.
Recommended Order on Tuesday, May 28, 2019.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8LOVING TOUCH " A BRIGHTER FUTURE "
13HOME, OWNED AND OPERATED BY
18ZULIA BRENOVIL, LOVING TOUCH
22ADULT FAMILY CARE, INC.,
26Petitioner,
27vs. Case No . 18 - 6496FL
34AGENCY FOR PERSONS WITH
38DISABILITIES,
39Respondent.
40_____ __________________________/
42LOVING TOUCH " DYNAMIC " HOME,
46OWNED AND OPERATED BY ZULIA
51BRENOVIL, LOVING TOUCH ADULT
55FAMILY CARE, INC.,
58Petitioner,
59vs. Case No. 18 - 6497FL
65AGENCY FOR PERSONS WITH
69DISABILITIES,
70Respondent.
71________________ _______________/
73RECOMMENDED ORDER
75On March 28 and 29, 2019, a final hearing was held in this
88matter pursuant to section 120.57(1), Florida Statutes (2018).
96The hearing took place via video teleconference with sites in
106Tallahassee, Florida , and Fort Pierce, Florida. The hearing was
115conducted by Administrative Law Judge Robert L. Kilbride of the
125Division of Administrative Hearings.
129APPEARANCES
130For Petitioner: Trevor S. Suter, Esquire
136Agency fo r Persons w ith Disabilities
1434030 Esplanade Way, Suite 380
148Tallahassee, Florida 32399 - 0950
153For Respondent: Lance O. Leider, Esquire
159The Health Law Firm
1631101 Douglas Avenue
166Altamonte Springs, Florida 32714
170STATEMENT OF THE ISSUE
174Whether Petitioners ' applications to license their group
182ho me facilities should have been approved by Respondent, Agency
192for Persons with Disabilities ( " APD " or "Respondent" ).
201PRELIMINARY STATEMENT
203In December of 20 17, Petitioners submitted licensure
211ap plications to Respondent. The applic ations were for new group
222homes and were the initial applications for those group homes.
232On March 2, 2018, APD notified Petitioner s in writing that each
244of Petitioner s' application s for licensure was denied. Taking
254exception to this action, Petitioners timely filed requests for
263administrative hearings to contest the denial of their
271applications.
272On December 10, 2018, the matters were referred to the
282Division of Administrative Heari ngs ( " DOAH " ) and assigned DOAH
293C ase Nos. 18 - 6496FL and 18 - 6497 FL . By O rder of the undersigned,
311the matters were consolidated on December 18, 2018.
319On March 28 and 29, 2019, a final hearing was held pursuant
331to section 12 0.57(1) . Petitioners presente d the testimony o f
343their corporate officer Zulia Brenovil and APD employee Cordroy
352Charles. APD presented the testimony of Department of Children
361and Families ( " DCF " ) employees Tiffany Perry ("Perry") ,
372Charlie Parker ("Parker") , Virginia Snyder ("Snyder") , and
383Michelle Windfelder ("Windfelder") . Respondent also presented
392the testimony of its own employees , Maria Rubin and Cordroy
402Charles.
403Regarding exhibits considered at th e hearing, Petitioner
411withdrew E xhibit 12, and admitted the remaining E xhibi ts 1
423through 34 and 39 without objection. Over objection,
431Petitioner ' s E xhibit s 40 and 41 were also admitted. The
444undersigned asked Petitioners to submit additional documents
451post - hearing, which were admitted as Petitioners ' Exhibits 42
462through 47.
464Respondent admitted E xh ibits 1 through 4 without objection.
474Respondent ' s Exhibits 5 through 10 were also admitted over
485objection, on the condition that th e undersigned may exclude
495third - party statements contain ed in Exhibits 5 through 10,
506unless there was an evidentiary basis to consider them. 1/
516A T ranscript of the heari ng was filed with DOAH on
528April 16, 2019. By agreement of the parties , and a subsequent
539extension granted by the undersigned, proposed recommended
546orders were due on May 6, 2019. APD timely filed its proposed
558recommended order on May 6, 2019. Petitioner filed a proposed
568recommended order on May 7, 2019. It was incorrectly labeled as
" 579Respondent ' s " Proposed Recommend Order. 2/ The proposed
588recommended orders from the parties were rev iewed and considered
598in the preparation of this Recommended Order.
605All statutory references herein are to the 2018 version of
615the Florida Statutes, unless otherwise noted.
621FINDING S OF FACT
625The undersigned makes the following findings of fact:
6331. APD is the state agency that licenses foster care
643facilities, group home facilities, residential habilitation
649centers, and comprehensive transitional education programs.
655§ 393.067 , Fla. Stat . APD is charged with reviewing all
666applications and ensur ing compliance with the requirements for
675licensure. Id.
677Stipulated Facts Submitted by the Parties
6832. The parties st ipulated to the following facts.
692 Loving Touch Dynamic Group Home and Loving
700Touch A Brighter Future Group Home are owned
708and operat ed by Loving Touch Adult Family
716Care, Inc.
718 Zulia Brenovil is Loving Touch Adult
725Family Care, Inc. ' s sole shareholder.
732 Loving Touch ' s applications for
739licensure of the A Brighter Future and
746Dynamic homes were ultimately complete and
752met all require ments for licensure.
758However, APD exerc ised its discretion to
765deny the a pplications pursuant to
771Section 393. 0673(2) (b), Florida Statutes.
777The parties dispute whether such discretion
783was correctly applied in this case.
789 Until the denial of the A Bright er Future
799and Dynamic home applications, APD had not
806previously denied a license application
811submitted by Loving Touch Adult Family Care,
818Inc.
819 Loving Touch Adult Family Care, Inc., has
827never had a license revoked or suspended by
835APD.
836 The Notice o f License Application
843Denial/Administrative Complaint does not
847charge Loving Touch Adult Family Care, Inc.,
854with making false statements or omitting
860material facts in its license application
866under Section 393.0635(2)(a)1, Florida
870Statutes.
871 Loving Touc h Adult Family Care, Inc., also
880owns three additional homes licensed by APD:
887Loving Touch " My Place, " Loving Touch
" 893Transition, " and Loving Touch " Unity. " See
899also (Pet. Ex s. 24 - 26 .)
907 APD renewed the licenses of My Place,
915Transition, and Unity after Ma rch 2, 2018.
923 APD had previously renewed and/or issued
930the licenses of My Place, Transition, and
937Unity after the alleged verified findings by
944the Florida Department of Children and
950Families.
9513. Petitioners are the applicants for licensure of t w o
962group home facilities. Resp . Ex s . 1 and 3 . Petitioners '
976corporate officer and operator is Zulia Brenovil. She prepared
985and submitted both group home licensure application s for Loving
995Touch " A Brighter Future " Home and Loving Touch " Dynamic " Home
1005to AP D in December of 2017. Pre - Hr'g Stip. 3.(e); Resp . Ex s . 1
1023and 3 .
10264. Upon receipt, APD reviewed Petitioners ' applications
1034for licensure and took steps to verify the accuracy of the
1045information provid ed in the applications. As part of the
1055review, APD conducted a search of the Department of Children and
1066Families ( " DCF " ) records on the Florida Safe Families Network.
1077Resp . Ex. 2, pp. 80 - 81; Resp. Ex. 3, pp. 186 - 197 .
10935. APD ' s search of DCF records revealed four DCF reports
1105that contained verified findings of abuse, neglect, or
1113exploitation against Brenovil. Resp. Ex s . 6, 7, 8, and 10 .
1126Those cases are outlined in more detail below.
1134DCF Case Number 2015 - 147636
11406. DCF case number 2015 - 147636 resulted in a verified
1151finding of maltreatment/threa tened harm against Brenovil. Resp .
1160Ex. 6, p. 190 . Tiffany Perry was the DCF investigator assigned
1172to investigat e the allegations in this case. The initial report
1183to DCF alleged that minor child E.L., a resident of one of
1195Brenovil ' s group homes, was bein g bullied by other children and
1208w as not receiving enough food.
12147. Perry began her i nvestigation by performing backg round
1224checks on the pe rsons involved in the report. Perry then
1235visited Brenovil ' s group home. Perry interviewed all the
1245children in the home . Perry noted that E.L. ' s bedroom door had
1259locks on the outside of the door that would allow someone to
1271lock E.L. inside his bedroom.
12768. Initially, Brenovil denied knowing that the locks had
1285been switched, but Brenovil ultimately admitted t o Perry that
1295Brenovil ' s maintenanc e man had switched the locks. Resp . Ex. 6,
1309p. 191 .
13129 . Perry verified the findings against Brenovil because
1321the locks on E.L. ' s bedroom were on the outside of the door and
1336this allowed E.L. to be locked in his bedr oom. Resp . Ex. 6,
1350p. 191 . This also resulted in the other children locking E.L.
1362in his bedroom. Resp . Ex. 6 , p. 191 .
137210 . Additionally, if E.L. was locked in his bedroom she
1383concluded that his ability to quickly and safely escape the
1393house in the event of an emergency, such as a fire, would be
1406impaired. Resp . Ex. 6 , p. 191 .
1414DCF Case Number 2016 - 297713
142011 . DCF case number 2016 - 297713 resulted in a verified
1432finding of maltreatment/inadequate supervision against Brenovil.
1438Resp . Ex. 7 , pp. 209 - 210 . Charlie Parker was the DCF
1452investigator assigned to investigate the allegations in this
1460case.
146112. The initial report to DCF alleged that minor child
1471L.K., a resident of one of Brenovil ' s group homes, was using a
1485cell phone to send pictures of L.K. cutting herself and to send
1497other explicit pictures. Resp . Ex. 7 , p. 209 . There was also
1510an allegation that another minor child resident, O.W., was not
1520being closely monitored.
152313 . Parker began his investigation by visiting
1531Petitioner s ' grou p home. Upon inspection, Parker found that
1542L.K. ' s safety plan was not in L.K. ' s file, as required.
155614 . Parker testified that L.K. ' s status was " to be seen,
1569sight and sound. " " Sight and sound " means that L.K. was
1579supposed to be within sight of the house parents at Petitioners '
1591group home at all times , and L.K. was n ever to be left
1604unsupervised.
160515 . Parker stated that he made verified findings against
1615Brenovil because the safety plans for O.W. and L.K. were not
1626properly located in the group h ome as required, and that staff
1638members of the group home did not know the contents of the
1650plans. Brenovil admitted to Parker that she was aware that the
1661proper information was not available to the staff members at the
1672group home.
167416 . Based on Bre novil ' s comments and Parker ' s
1687investigation and interviews of other staff members, Parker
1695closed the case with a verified finding of
1703maltreatment/inadequate supervision against Brenovil. Resp .
1709Ex. 7, p. 211 .
1714DCF Case Number 2017 - 125783
172017 . DCF cas e number 2017 - 125783 resulted in five verified
1733findings of maltreatment/inadequate supervision against
1738Brenovil. Resp . Ex. 8, pp. 228 - 229 . Virginia Snyder was the
1752DCF investigator assigned to investigate the allegations in this
1761case. The initial report to DCF alleged that five minor
1771children at two of Brenovil ' s group homes were not b eing
1784adequately supervised. Resp . Ex. 8, pp. 227 - 228 .
179518 . Snyder began her investigation by interviewing the
1804minor children residents of the group homes and the sta ff
1815members, including Breno vil. Part of the allegations involved a
1825child not receiving a ride back to the group home. The child
1837alleged that she called the group home and no one would pick her
1850up.
185119 . Brenovil informed Snyder the staff member at the group
1862home could not pick the child up, and Brenovil could not pick
1874the child up because she had taken headache medicine. Brenovil
1884and Brenovil ' s staff member both admitted to the investigator
1895that the minor child had been dropped off at another foste r home
1908without contacting the foster mother of that foster home in
1918advance.
191920 . Snyder verified findings against Brenovil that
1927children were going between Brenovil ' s group home and another
1938group home without staff adequately determining or knowing w h ere
1949the children were going or located. Additionally, one child was
1959left at a home and neither Brenovil , nor her employees, we re
1971able to pick the child up.
1977DCF Case Number 2009 - 146042
198321 . DCF case number 2009 - 146042 resulted in a verified
1995finding of maltreatment/inadequate supervision against Brenovil.
2001Resp . Ex. 10 , pp. 248 - 249 . In that case , two residents of
2016Brenovil ' s group home had improper sexual relations, d ue to
2028inadequate supervision. Resp. Ex. 10 , p. 248 .
2036Brenovil ' s Response to the DCF Ve rified Findings
204622 . Brenovil denied switching or having someone switch the
2056locks with respect to DCF case number 2015 - 147636.
206623 . Brenovil testified that the safety plans for O.W. and
2077L.K. were properly in the group home during Investigator
2086P arker ' s investigatio n in DCF case number 2016 - 297713.
209924 . Brenovil denied talking to an investigator with
2108resp ect to DCF case number 2017 - 125783.
211725 . Brenovil testified that she submitted both
2125applications to APD in full in December of 2017. However, the
2136Comprehensive Emergency Management Plans, submitted as part of
2144the applications, were dated January 2018. Resp . Ex. 2, p. 23 .
2157Brenovil did not sign the Comprehensive Emergency Management
2165Plan until February 16, 2018. Resp . Ex. 2 , p. 37 . S imilarly,
2179the Sexual Activities Policy, another document submitted as part
2188of the licensure application, was not s igned by Brenovil until
2199January 18, 2018. Resp . Ex. 2 , p. 103 .
220926 . Similarly, the Sexual Activ ity Policy submitted as
2219part of A Brighte r Future ' s application for licensure was not
2232signed by Bre novil until January 18, 2018. Resp . Ex. 4 ,
2244pp. 184 - 185 .
224927 . After being confronted with the late documents,
2258Brenovil admitted that the completed applications were not
2266submitted until after De cember of 2017. 3/
227428 . As part of the DCF investigati on in case number 2015 -
2288147636, Perry interviewed Brenovil ' s board m ember, Mr. Phillip
2299Alexander ("Alexander") . Resp . Ex. 6 , p. 194 . Alexander
2312informed Perry that the locks had been reversed for y ears.
2323Resp. Ex. 6 , p. 194 .
232929. When confronted with this at the hearing, Brenovil
2338stated that Alexander did no t make this statement to DCF.
2349Brenovil later testified that she knew Alexander did not make
2359that statement because Bre n ovil was present fo r the conversation
2371between Alexander and Perry. However, on re - direct, Brenovil
2381acknowledged that she was not present for the conversation
2390between Alexander and Perry.
239430 . Brenovil testified that she voluntarily gave up her
2404licenses for her DCF lice nsed group homes, and that there had
2416been no threat of ad ministrative action from DCF.
242531 . However, Michelle Windfelder, a DCF licensing
2433specialist, testified that Brenovil relinquished her l icense s i n
2444lieu of revocation. Windfelder testified that , because of
2452problems in Brenovil ' s home, DCF contacted Brenovil and advised
2463Brenovil that she had the option of relinquishing her license s ,
2474otherwise DCF was going to revoke the license s . Windfelder
2485testified that because of the impending revocation by D CF,
2495Brenovil decided to volunt arily relinquish the license s .
250532 . Petitioners offered no compelling or persuasive
2513evidence to show that APD wrongly denied their license
2522applications, or abused the discretion afforded to it under
2531section 393.0673(2) ( b) , Florida Statutes .
253833 . The undersigned finds the t estimony and evidence of
2549the DCF investigators and the DCF licensing specialist more
2558compelling and credible than that of B r enovil.
256734 . Ultimately, the Petitioners did not carry their burde n
2578of proof to show that APD abused its discretion or when it
2590denied th eir initial applications .
2596CONCLUSIONS OF LAW
259935 . The Division of Administrative Hearings has
2607jurisdiction over the subject matter and parties to this
2616proceeding. §§ 120.569, 120 . 57(1), Fla. Stat.
262436 . Generally, the applicant for licensure has the burden
2634of proof to demonstrate, by a preponderance of the evidence,
2644that it satisfies the requirements for licensur e and is entitled
2655to receive a license. Dep ' t of Banking & Fin. v . Osborne Stern
2670& Co . , 670 So. 2d 932, 934 (Fla. 1996).
268037 . Thus, Petitioners were required to prove by a
2690preponderance of the evidence that their applications for
2698licensure should have been approved.
2703Applicable Law and Regulations
27073 8 . Section 393.067 sets forth APD ' s responsibilities
2718regarding application procedures and provider qualifications.
2724Another section, section 393.0673, outlines factors and
2731considerations pertaining to licensure.
273539 . Section 393.0673(2) provides that the agenc y may deny
2746an initial application for licensure submitted pursuant to
2754section 393.067 , if the Department of Children and Family
2763Services has verified that the applicant is responsible for the
2773abuse, neglect, or abandonment of a child or the abuse, neglect,
2784or exploitation of a vulnerable adult. § 3 93.0673(2),
2793Fla. Stat. 4/
279640 . Other provisions of chapter 393 are relevant as well.
2807These sections strong ly suggest and signal that the a gency must
2819consider and evaluate key management personnel of the lice nsee
2829before issuing a license.
283341 . F or instance, section 393.067(4), entitled " Facility
2842licensure , " directs that the application must be under oath and
2852contain " the name of the person or persons under whose
2862management or supervision the facility or program will be
2871conducted. "
287242 . Likewise, subsection (5) of that same section requires
2882that a license may not be issued or renewed if the applicant " or
2895any manager, supervisor, or staff member " of the direct service
2905provider has failed background scr eenings as required under
2914section 393.0655.
291643 . It is clear, and the undersigned concludes, that th e
2928Legislature intended for the a gency to consider the background
2938and character of individuals who own or intend to operate these
2949facilities, regardles s of who the actual applicant may be.
295944 . In addition to the language of c hapter 393, the
2971pertinent Florida Administrative Code Rule defines " applicant "
2978to mean " a person or entity that has submitte d a written
2990application to the a gency for the purpos es of obtaining an
3002initial residential facility license or renewing an existing
3010residential facility license. " Fla. Admin. Code R. 65G -
30192.001(2).
302045. This language reasonably covers or addresses a
3028situation where the license would be issued to a corp oration,
3039but the application is prepared and submitted by a person who
3050may be closely related to the company.
305746 . T he primary legal dispute in these particular case s
3069revolves around the question of whether or not the DCF findings
3080against B r enovil , in dividually , should be imputed or attributed
3091to the corporate applicant ' s. In other words, can the verified
3103findings against her be considered and used by the a gency to
3115deny licensure to corporate entities she owns or operates.
312447 . Petitioner corpor ations emphatically argue that they
3133are separate " applicants ," and the findings against B r enovil
3143individually may not be considered as a basis to reject their
3154corporate applications under section 393.0673(2) (b).
316048 . APD, on the other hand, argues tha t the statute and
3173rule should be interpreted to allow misconduct and the DCF
3183findings against B r enovil to be imputed or attributed to the
3195corporate applicants she owns or operates; therefore , providing
3203a valid basis to deny their initial applications under
3212section 393.0673(2) (b).
321549 . A related issue concerns whether or not APD is
3226estopped from rejecting the initial license applications of
3234these two companies , since they renewed applications for several
3243other companies owned by B r enovil, despite knowi ng that DCF
3255verified findings against B r enovil already existed.
3263Discussion
326450 . As the sole operator of the two companies , and the
3276sole shareholder of their parent corporation, Brenovil prepared,
3284signed , and submitted the appli cations for both group homes.
3294Resp . Ex. 2, p. 97; Resp . Ex. 4 , p. 197 . It was clear that
3311Brenovil would be closely and actively overseeing the operations
3320of both applicants.
332351 . The interp retation of section 393.0673(2) (b) and
3333Florida Administrative Code Rule 65G - 2.001(2 ) proposed by
3343Petitioners, particularly , its interpretation of the word
" 3350applicant ," would permit a corporate applicant to seek an
3359initial license , despite the fact that its sole operator, who
3369filled out and submitted the application, had previously been
3378f ound to have verified findings of child neglect or abuse. This
3390argument is made , despite the fact that it is undisp uted, and
3402the undersigned finds , that B r enovil would be actively and
3413closely involved in the day - to - day operations of the applicants.
3426Statut ory Interpretation Analysis
343052 . To accept Petitioners ' argument and ignore B r enovil ' s
3444previous violations would lead to an illogical result. APD
3453could not exercise its lawful discretion to deny an initial
3463licensure for findings of child abuse or neg lect by the
3474operator , so long as a corporation , formed and owned by the same
3486operator , is the " applicant. " Under Petitioners ' interpretation
3494of the word " applicant , " B r enovil could figuratively hide behind
3505the veil of the corporations. A statute should n ot be construed
3517or interpreted to bring about an absurd or ridiculous result.
3527Dep ' t of Rev . v. Sch. Bd . , 62 So. 3d 686 (Fla. 2d DCA 2011).
354553 . Similarly, to interp ret the word as narrowly as
3556Petitioners suggest would lead to an unreasonable result o r a
3567manifest incongruity. Vrchota Corp. v. Kelly , 42 So. 3d 319
3577(Fla. 4th DCA 2010). If consideration of an " applicant " was
3587limited only to the company actually submitting it s name for a
3599license, then the a gency would be obligated to overlook and
3610ignore the past conduct of officers closely related to the
3620company and actively involved in its operations.
362754 . This would lead to an unreasonable result, subjecting
3637children and other vulnerable young adults to a potentially
3646unstable or unsafe group home . See also O.I.C.L. v. Dep ' t of
3660Child . & Fams . , 169 So. 3d 1244 (Fla. 4th DCA 2015). Th is
3675unsafe course of action and illogical result was not intended by
3686the Legislature.
3688Principles of Corporate Law
369255 . Time - honored principles of corporate law als o must be
3705considered. They indicate that the corporate applicants must be
3714bound by B r enovil ' s misconduct and the verified findings against
3727her by DCF.
373056 . More specifically , and based on the evidence
3739presented, the undersigned concludes that B r enovi l was the
" 3750alter ego " of the two corporate applicants. Under the
3759circumstances in these cases , h er identity cannot be separated
3769from the corporate applicants .
377457. As such, her actions, conduct , and the verified
3783findings against her sh ould be imputed or attributed by APD to
3795the corporate applicants as a basis to deny their applications.
3805There are a myriad of cases addressing and explaining the " alter
3816ego " concept in a corporate setting. A few case citations make
3827the point.
382958 . For instance, in Sky Cable, LLC v. DIRECTV, Inc. , 886
3841F.3d 375 (4th Cir . 2018) , the court utilized the " alter ego "
3853theory of corporate law, and found that a court may disr egard
3865the corporate identity if it would be inequitable for the c ourt
3877to uphold a legal distinction b etween the corporation and its
3888sole member. Id. at 386.
389359 . Under Sky Cable , when an entity, such as a corporation
3905or LLC, is determined to be the alter ego of its sole member,
3918this finding permits a court to treat the corporate entity as
" 3929identic al " to its member . Id. at 389. Disregarding the
3940corporate identity under the alter ego theory is particularly
3949appropriate when a single individual or entity completely
3957dominates and controls another entity. Id. at 390.
396560 . This is precisely wha t h appened in these case s .
3979B r enovil owned, dominated , and controlled all the Loving Touch
3990entities, including the new corporate applicants.
399661 . When a company is an alter ego of its sole member, the
4010alter ego and the member are effectively the same en tity. See
4022also Dehres LLC v. Underwriters at Interest at Lloyds London ,
4032826 F. Supp. 2d 1338 (S.D. Fla. 2011); Phillips v. Englewood
4043Post No. 322 Veterans of Foreign Wars of the U.S. , Inc. , 13 9
4056P.3d 639 (Colo. Supreme Court 2006).
4062Collateral Estoppel
406462 . The Loving Touch applicants also argue that collateral
4074estoppel bars APD from denying their initial applications
4082because APD renewed licenses for other Loving Touch entities
4091when it knew , or should have known , that DCF had made verified
4103findings agai nst B r enovil.
410963 . In Zikofsky v. Marketing 10, Inc. , 904 So. 2d 520
4121( Fla. 4th DCA 2005) , the c ourt explained the concept as follows:
4134In Florida, collateral estoppel bars re -
4141litigation of the same issue between the
4148same parties which has already been
4154determined by a valid judgment. Stogniew v.
4161McQueen , 656 So. 2d 917, 919 (Fla. 1995).
4169Collateral estoppel applies even when a
4175present and former cause of action are
4182different and it bars re - litigation of
4190specific issues -- " that is to say points and
4199questi ons " -- that were actually litigated and
4207decided in the former suit. See Gordon v.
4215Gordon , 59 So. 2d 40, 44 (Fla. 1952); GLA &
4225Assoc., Inc. v. City of Boca Raton , 855 So.
42342d 278, 281 (Fla. 4th DCA 2003). " Florida
4242has traditionally required that there be a
4249mutuality of parties in order for the
4256doctrine to apply. Thus, unless both
4262parties are bound by the prior judgment,
4269neither may use it in a subsequent action. "
4277E.C. v. Katz, 73 1 So. 2d 1268, 1269 (Fla.
42871999) (quoting Stogniew, 656 So. 2d at 919).
429564 . The undersigned is not persuaded or convinced
4304that the doctrine of collateral estoppel applies or
4312controls the outcome of these cases . The parties are not
4323re - litigating the same issues, nor is there any previous
4334ruling or judgment they are bound by.
434165. Likewise, the other corporate entities owned by
4349B r enovil who had their licenses rene wed are not parties to
4362this action.
436466 . Similarly, and as alluded to by APD during the
4375hearing, those other license matters involved renewals of
4383existing lic enses. These case s involve initial licensing.
4392The undersigned is mindful of the fact that license
4401renewal cases raise fundamentally different property
4407concepts , arguments, and considerations than initial
4413licensing cases .
441667 . The undersigned conclud es that APD provided
4425sufficient reasons why its consideration of these initial
4433applications was fundamentally different and driven by
4440different considerations than in the case of the renewal
4449of other group home licenses for Brenovil.
445668 . Accordingly, after considering all the facts,
4464circumstances , and the applicable statutes, rules , and case law,
4473the undersigned concludes that APD was justified in denying
4482Petitioners ' applications.
4485RECOMMENDATION
4486Based on the foregoing Findings of Fact and Concl usions of
4497Law, it is RECOMMENDED that Respondent, Agency for Persons with
4507Disabiliti es, enter a final order denying the license
4516applications of Petitioners, Loving Touch " A Brighter Future "
4524and Loving Touch " Dynamic ."
4529DONE AND ENTERED this 28th day of May , 2019 , in
4539Tallahassee, Leon County, Florida.
4543S
4544ROBERT L. KILBRIDE
4547Administrative Law Judge
4550Division of Administrative Hearings
4554The DeSoto Building
45571230 Apalachee Parkway
4560Tallahassee, Florida 32399 - 3060
4565(850) 488 - 9675
4569Fa x Filing (850) 921 - 6847
4576www.doah.state.fl.us
4577Filed with the Clerk of the
4583Division of Administrative Hearings
4587this 28th day of May , 2019 .
4594ENDNOTE S
45961/ The undersigned did consider relevant statements of third
4605parties in those documents to the extent they supplemented , or
4615explained , other admissibl e evidence. § 120.57 (1) (c) ,
4624Fla. Stat .
46272/ As previously directed, the Loving Touch applicants are to be
4638referred to as Petitioners, not Respondents.
46443/ This admission , and other inconsistencies in her tes timony,
4654raised questions in the mind of the undersigned regardin g her
4665and the accuracy of her testimony and credibility.
46734/ There was no evidence presented by Petitioners to suggest or
4684prove that these previous verified findings of abuse or neglect
4694made by DCF against B r enovil had been a ppealed or overturned.
4707COPIES FURNISHED:
4709Lance O. Leider, Esquire
4713The Health Law Firm
47171101 Douglas Avenue
4720Altamonte Springs, Florida 32714
4724(eServed)
4725Trevor S. Suter, Esquire
4729Agency for Persons with Disabilities
47344030 E splanade Way , Suite 380
4740Tallahassee, Florida 32399 - 0950
4745(eServed)
4746Danielle Thompson
4748Senior Attorney/Agency Clerk
4751Agency for Persons with Disabilities
47564030 Esplanade Way, Suite 309
4761Tallahassee, Florida 32399 - 0950
4766(eServed)
4767Richard Ditschler, Genera l Counsel
4772Agenc y for Persons with Disabilities
47784030 Esplanade Way, Suite 380
4783Tallahassee, Florida 32399 - 0950
4788(eServed)
4789Barbara Palmer, Director
4792Agenc y for Persons with Disabilities
47984030 Esplanade Way, Suite 380
4803Tallahassee, Florida 32399 - 0950
4808(eServed)
4809NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
4815All parties have the right to submit written exceptions within
482515 days from the date of this Recommended Order. Any exceptions
4836to this Recommended Order should be filed with the agency that
4847will issue the Final Ord er in this case.
- Date
- Proceedings
- PDF:
- Date: 05/28/2019
- Proceedings: Recommended Order (hearing held March 28 and 29, 2019). CASE CLOSED.
- PDF:
- Date: 05/28/2019
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- PDF:
- Date: 05/07/2019
- Proceedings: Respondents' Proposed Recommended Order (filed in Case No. 18-006497FL).
- PDF:
- Date: 04/25/2019
- Proceedings: Agency's Agreed Motion for Extension of Time to File Proposed Recommended Orders filed.
- Date: 04/16/2019
- Proceedings: Hearing Transcript Volume III filed (medical information, not available for viewing). Confidential document; not available for viewing.
- Date: 04/16/2019
- Proceedings: Hearing Transcript Volume II filed (medical information, not available for viewing) Confidential document; not available for viewing.
- Date: 04/16/2019
- Proceedings: Hearing Transcript Volume I filed (medical information, not available for viewing). Confidential document; not available for viewing.
- PDF:
- Date: 04/09/2019
- Proceedings: Petitioners' Notice of Filing Supplemental Exhibiits (filed in Case No. 18-006497FL).
- Date: 03/28/2019
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 03/26/2019
- Proceedings: Respondents' Suggestion to Correct Case Caption (filed in Case No. 18-006497FL).
- Date: 03/25/2019
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 03/25/2019
- Proceedings: Agency for Persons with Disabilities' Response in Opposition to Petitioner's Motion for Summary Decision filed.
- Date: 03/21/2019
- Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 03/21/2019
- Proceedings: Order Granting Joint Motion to Vacate First Day of Hearing (hearing set for March 28 and 29, 2019; 9:00 a.m.; Fort Pierce and Tallahassee, FL; amended as to dates).
- PDF:
- Date: 03/21/2019
- Proceedings: Joint Motion to Vacate First Day of Hearing (filed in Case No. 18-006497FL).
- PDF:
- Date: 03/18/2019
- Proceedings: Respondent's Motion for Summary Decision (filed in Case No. 18-006497FL).
- PDF:
- Date: 03/15/2019
- Proceedings: Respondents' Notice of Service of Discovery Responses (filed in Case No. 18-006497FL).
- PDF:
- Date: 03/15/2019
- Proceedings: Respondents' Response to Petitioner's First Requests for Admissions (filed in Case No. 18-006497FL).
- PDF:
- Date: 03/13/2019
- Proceedings: Respondents' Notice of Filing Proof of Service (filed in Case No. 18-006497FL).
- PDF:
- Date: 02/07/2019
- Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for March 26, 28, and 29, 2019; 9:00 a.m.; Fort Pierce and Tallahassee, FL; amended as to location).
- PDF:
- Date: 01/23/2019
- Proceedings: Respondent's Notice of Service of Discovery (A Brighter Future) filed.
- PDF:
- Date: 01/22/2019
- Proceedings: Notice of Intent to Serve Non-Party Subpoena Duces Tecum without Deposition filed.
- PDF:
- Date: 01/17/2019
- Proceedings: Notice of Filing Discovery Responses in Prior Related Case filed.
- PDF:
- Date: 12/21/2018
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 26, 28, and 29, 2019; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Case Information
- Judge:
- ROBERT L. KILBRIDE
- Date Filed:
- 12/10/2018
- Date Assignment:
- 12/10/2018
- Last Docket Entry:
- 08/01/2019
- Location:
- Fort Pierce, Florida
- District:
- Southern
- Agency:
- ADOPTED IN TOTO
- Suffix:
- FL
Counsels
-
Zulia Brenovil
902 Southeast Preston Lane
Port St. Lucie, FL 34983
(772) 621-0622 -
Trevor S. Suter, Esquire
Suite 380
4030 Esplanade Way
Tallahassee, FL 323990950
(850) 414-8776 -
Lance O. Leider, Esquire
Address of Record