19-006645FL Agency For Persons With Disabilities vs. Nuevos Corazones Group Home, Owned And Operated By Nuevos Corazones, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 17, 2020.

STATE OF FLORIDA

AGENCY FOR PERSONS

WITH DISABILITIES ,

Petitioner,

v. No. : 19 - 6645FL

NUEVOS CORAZONES GROUP

HOME, OWNED AND OPERATED

BY NUEVOS CORAZONES, INC. ,

Respondent.

_________________________ __ ____/

FINAL ORDER

This case is before

entry of a Final Order concerning the Agency’s revocation of the Nuevos Corazones

Group Home ’s (“Respondent”) licens a group home facility .

FINDINGS OF FACT

1. On November 7, 2019, the Agency issued an administrative complaint against

n December 18, 2019 ,

the Agency referred Respondent to the Division of Administrative Hearings

scheduled for hearing. Respondent withdrew its petition for hearing and the Agency

APD – Nuevos Corazones FO Page 1 of 6

filed a Motion to Relin quish Jurisdiction on March 1 7 , 2020. On March 17 , 2020,

DOAH issued an Order Closing File and Relinquishing Jurisdiction (“Order”).

2. Respondent did not request an informal hearing pursuant to section 120.57(2),

Florida Statutes. When a party waives the right to challenge the factual allegations

of an administrative complaint, the facts of the complaint are deemed to be admitted.

Trisha's One Stop, Inc. v. Office of Financial Regulation , 130 So. 3d 285, 287 - 88

(Fla. 1st DCA 2014) (quoting Nicks v. Department of Business & Professional

Regulation , 957 So. 2d 65, 67 (Fla. 5th DCA 2007)).

3. Paragraphs one (1) through twelve (12) of the Administrative Complaint,

which is attached as Exhibit A, are incorporated by reference.

CONCLUSIONS OF LAW

4. Pursuant to section 393.0673(1)(a)1., Florida Statutes, t he A gency may

revoke or suspend a license or impose an administrative fine, not to exceed $1,000

per violation per day, if t he licensee has f alsely represented or omitted a material

fact in its license application submitted under s ection 393.067 .

5. Rule 65G - 2.0041(2) , Florida Administrative Code , requires the Agency to

consider the following factors when determining sanctions to be imposed for a

violation of Agency rules or statutes:

(a) The gravity of the violation, including whether the incident involved

the abuse, neglect, exploitation, abandonment, death, or serious

physical or mental injury of a resident, whether death or serious

physical or mental injury could have resu lted from the violation, and

APD – Nuevos Corazones FO Page 2 of 6

whether the violation has re sul ted in permanent or irrevocable injuries,

damage to property, or loss of property or client funds;

(b) The actions already taken or being taken by the licensee to correct

the violations, or the la ck of remedial action;

(c) The types, dates, and frequency of previous violations and whether

the violation is a repeat violation;

(d) The number of residents served by the facility and the number of

residents affected or put at risk by the violation;

(e) Whether the licensee willfully committed the violation, was aware

of the violation, was willfully ignorant of the violation, or attempted to

conceal the violation;

(t) The licensee's cooperation with investigating authorities, including

the Agency, the Dep artment of Children and Families, or law

enforcement;

(g) The length of time the violation has existed within the home without

being addressed; and,

(h) The extent to which the licensee was aware of the violation.

6. Dianel Corzo (“Mr. Corzo”) , President and sole officer of Respondent, falsely

represented on Respondent’s 2019 licensing application that the facility had been

inspected by the local fire authority or the State Fire Marshal and determined to be

in compliance with appl icable statutes and rules . Misrepresenting facts pertaining to

fire safety could have resulted in death or serious injury to residents as well as

property were a fire to occur . Although the facility may not be a fire hazard,

Respondent not only did not rec eive a satisfactory fire inspection but misrepresented

that fact, which casts serious doubts as to its integrity.

7. There is no record evidence indicating that the licensee, Mr. Corzo, took or is

taking action to correct this violation.

APD – Nuevos Corazones FO Page 3 of 6

8. Respondent has only been licensed for one year, which means it has operated

under the one - year license related to the application at issue in this case. This is not

a repeat violation, but it could not be considering the length of the license.

9. There is no record evid ence indicating t he number of residents served by the

facility, but all were put at risk by Respondent’s action.

10. The licensee must have been aware of the violation because he prepared and

signed the application under penalty of perjury, which included the document

purporting to be a fire inspection report completed by Lieutenant Daniel Suarez.

Stated differently, the licensee attempted to conceal the violation, i.e. failure to

receive a satisfactory fire inspection, by attesting otherwise on the licensure

application. There is no evidence in the record indicating that the licensee was not

aware that the information regarding a fire inspection was false.

11. There is no record evidence indicating whether the licensee cooperated with

investigating authorities.

12. Since the violation pertains to the licensure application completed on or

around Janu ary 31, 2019 and there is no evidence that Respondent received a

satisfactory fire inspection after that time, the violation has existed for over a year.

13. Respondent’s material misstatement regarding fire safety on its initial license

application and l ack of remedial action warrant revocation of Respondent’s license

pursuant to section 393.0673(1)(a)1. , Florida Statutes .

APD – Nuevos Corazones FO Page 4 of 6

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Copies furnished to:

T revor Suter, Esq. Vidal M. Velis, Esq

Agency for Persons with Disabilities 7161 Taft Street

4030 Esplanade Way, Suite 315C Hollywood, FL 33024

Tallahassee, FL 32399 - 0950 [e-mail]

[e-mail]

D OAH Rita Castor

1230 Apalachee Parkway Regional Operations Manager

Tallahassee, FL 32399 - 3060 APD Southeast Region

Filed via e - ALJ

I HEREBY CERTIFY that a copy of this Final Order was provided by

regular US or electronic mail to the above individuals at the addresses listed on

_______________________ .

_ _____________________________

Danielle Thompson , Esq.

Agency Clerk

Agency for Persons with Disabilities

4030 Esplanade Way, Suite 3 35

Tallahassee, FL 32399 - 0950

[e-mail]

APD – Nuevos Corazones FO Page 6 of 6

• I L E

•

STATE OF FLORIDA NOV 7 2019

AGENCY FOR PERSONS WITH DISABILITIES

APD

Agency Clerk's Office

AGENCY FOR PERSONS

WITH DISABILITIES,

Petitioner,

v .

License Number: 10-3015GH

NUEVOSCORAZONESGROUP

HOME, OWNED AND OPERATED

BY NUEVOS CORAZONES, INC.,

Respondent.

ADMINISTRATIVE COMPLAINT

The AGENCY FOR PERSONS WITH DISABILITIES ("Agency") issues this

Administrative Complaint against Nuevos Corazones Group Home, owned and operated

by Nuevos Corazones, Inc., ("Respondent") and states the following as the basis for this

complaint:

1. Petitioner is the state agency charged with regulating the licensing and operation of

foster care facilities, group home facilities, residential habilitation centers, and

comprehensive transitional education programs pursuant to section 20.197 and

Chapter 393, Florida Statutes.

2. At all times material to this complaint, Respondent has held a group home facility

license issued by the Agency for the following address: 4691A SW 43rd Terrace,

Dania Beach, Florida 33314.

3. Pursuant to the Florida Division of Corporations, Dianel Corzo is listed as the

President and sole officer ofNuevos Corazones, Inc., a Florida Profit

Corporation.

4. Section 393 . 0673, Florida Statutes, sets forth the Agency's authority for denial,

suspension, or revocation oflicense; moratorium on admissions; and administrative

fines. (1) The agency may revoke or suspend a license or impose an

administrative fine, not to exceed $1,000 per violation per day, if:

(a) The licensee has:

1. Falsely represented or omitted a material fact in its license application

submitted under s. 393.067 ;

2. Had prior action taken against it under the Medicaid or Medicare program; or

3. Failed to comply with the applicable requirements of this chapter or rules

applicable to the licensee.

5. On or about January 31,2019, Dianel Corzo, President ofNuevos Corazones, Inc.,

submitted an initial facility licensure application for a home located at 4691A SW

43rd Terrace, Dania Beach, Florida 33314.

6. On the Agency facility license application form, Section IV, Additional

Documentation, item #4 requires "Documentation that the facility has been

inspected by the local fire safety authority or the State Fire Marshal and determined

to be in compliance with applicable statutes and rules."

7. Section V, Affidavit, ofthe Agency facility license application form states "Under

penalty of perjury, I hereby attest that all information contained in and submitted

with application is true and accurate to the best of my knowledge and by

submitting same I am requesting a license to operate a facility in accordance with

Chapter 393, F.S. I also attest that I have the authority to attest to such ·

information on behalf of the above-named applicant for licensure or license

renewal."

8. On the initial facility license application for Nuevas Corazones, Inc. group home

submitted to the Agency, Dianel Corzo attested that the information submitted with

the application was true and accurate, as indicated by his notarized signature.

9. The fire inspection report submitted as part of the facility application package by

Dianel Corzo is dated January 20, 2019. The name and signature of the inspector

on the report is Lieutenant Daniel Suarez with Broward Sheriffs Office Fire

Rescue. The report for property address 4691A SW 43rd Terrace, Dania Beach,

states "A certificate of use fire inspection of your occupancy revealed no violations

at the time of this inspection."

10. A satisfactory inspection by the local authority having jurisdiction over fire safety

is required for initial licensure and annual license renewals. Fla. Admin. CodeR.

650-2.010(2), 69A-38.036.

11. The Agency issued an initial one-year group home facility license for Nuevos

Corazones Group Home at 4691A SW 43m Terrace, Dania Beach, effective May 1,

2019.

12. On or about August 23, 2019, the Agency received written confirmation from

David Zipoli, Fire Inspector with Broward Sheriffs Office Fire Rescue, that the

property located at 4691A SW 43rd Terrace, Dania Beach, was not inspected by

Broward Sheriff's Office Fire Rescue. He also stated that the address did not have

a business tax (occupational) license. Inspector Zipoli stated that Lt. Daniel Suarez

was not working in the Fire Marshal's office on January 20; 2019, the date of the

fire inspection report.

13. A licensee shall not make willful or intentional misstatements, orally or in

writing, to intentionally mislead Agency staff in the performance of their duties.

Fla. Admin. Code R. 650-2.007(20).

14. The issuance of a license does not constitute a waiver of any statutory or rule

violations by the licensee and does not prevent the Agency from seeking

administrative sanctions against the licensee for violations that occurred during the

term of previous licenses, up to a period of two years, for the same facility. Fla.

Admin. CodeR. 650-2.003(6).

15. The Agency may revoke a license or impose an administrative fine if the licensee

has falsely represented or omitted a material fact in its license application. §

393.0673, Fla. Stat.

16. Based on the foregoing, Respondent violated section 393.0673, Florida Statutes, by

submitting falsified fire inspection reports to the Agency.

Based on the foregoing and pursuant to 393.0673, Florida Statutes, the Agency

requests that a Final Order be entered that revokes the Respondent's license.

Dated November 7, 2019

Trevor Suter, Esq.

Senior Attorney

Agency for Persons with Disabilities

4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950

Attachments:

Notice of Administrative Hearing Rights

Copies furnished to:

Dianel Corzo Rita Castor

Nuevos Corazones, Inc. Regional Operations Manager

4691A SW 43rd Terrace APD Southeast Region

Dania Beach, Florida 33314

a pj

agency for persons with disabilities

State of Florida

Notice of Administrative Hearing Rights

For Administrative Complaint

You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (F.S.), and to be represented by counsel or qualified representative to challenge the administrative complaint. To obtain an administrative hearing, you must file a

written request for hearing with the Agency Clerk by 5:00 PM Eastern Time within 21 days of the day that you receive the administrative complaint. Filed with the Agency Clerk means received by

the Agency Clerk’s Office. If you fail to file the request for hearing within the 21 days, you waive

the right to have a hearing. The request for hearing shall include:

1. Your name, address, e - mail address, telephone number, and facsimile number, if any, if

you are not represented by an attorney or a qualified representative;

2. The name, address, e - mail address, telephone number, and facsimile number of your

attorney or qualified representative, if any, upon whom service of pleadings and other papers shall be made;

3. A statement requesting an administrative hearing identifying those material facts that are

in dispute. If there are none, the petition must so indicate. (Pursuant to s ections 120.569

and 1 20.57, F.S., a disputed issue of material fact entitles you to a formal hearing; if there are no disputed issues of material fact then you are entitled to an informal hearing);

4. A statement of when you received notice of the administrative complaint; and

5. A statement including the file number on the administrative complaint.

You must file your request for hearing with the Agency Clerk by hand delivery, express delivery service, U.S. mail, facsimile transmission, or by email at the following address:

Agency for Persons with Disabilities

Attention: Agency Clerk Filed with the Agency Clerk means received in

4030 Esplanade Way, Suite 335 due date. the Office of Agency Clerk by 5:00 pm on the

Tallahassee, FL 32399

[e-mail]

(850) 921 - 3779 (phone) Mediation under s.120.573, Florida Statutes, is

(850) 410 - 0665 (fax) not available for this proceeding.

Rev. OGC May 19, 2017

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