22-001744SP Manny Diaz, Jr., As Commissioner Of Education vs. East Atlantic Prep (1995) Status: Closed Recommended Order on Friday, August 19, 2022.

Summary: Petitioner has demonstrated that Respondent committed fraud in connection with obtaining scholarship funds, and employed someone who was ineligible for employment as a convicted felon. Recommend revocation of scholarship fund eligibility.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

M ANNY D IAZ , J R ., A S C OMMISSIONER OF

E DUCATION ,

Petitioner ,

vs. Case No. 22 - 1 744SP

E AST A TLANTIC P REP (1995) ,

Respondent .

/

R ECOMMENDED O RDER

On July 7, 2022, Administrative Law Judge Lisa Shearer Nelson of the

Florida Division of Administrative Hearings (DOAH) conducted a duly -

noticed hearing pursuant to section 120.57(1), Florida Statutes, in Titusville,

Florida.

A P PEARANCES

For Petitioner: Jason Douglas Borntreger, Esquire

Paula Harrigan, Esquire

Department of Education

325 West Gaines Street , Suite 1544

Tallahassee, Florida 32310

For Re spondent: Arthur L . Council, owner/operator

East Atlantic Prep (1995)

3815 Curtis Boulevard

Port St . John, Florida 32927

S TATEMENT OF T HE I SSUE S

The issues to be determined are whether RespondentÔs eligibility to

participat e in the Florida Tax Credit Scholarship Program (Florida Tax

Credit) , the John M. McKay Scholarship for Students with Disabilities

Scholarship Program (McKay) , the Family Empowerment Scholarship for

Students with Unique Abilities Scholarship Program (FES - U A) , the Family

Empowerment Scholarship Program (FES) , and the Hope Scholarship

Program should be revoked, and whether Respondent should be required to

return scholarship funds already received.

P RELIMINARY S TATEMENT

On April 1 2 , 2022, Richard Corcoran, as Commissioner of Education 1

(Petitioner or the Commissioner), issued an Administrative Complaint

against Respondent, East Atlantic Prep (1995) (East Atlantic Prep or

Respondent), alleging that Respondent had committed fraud with respect to

the procurement of scholarship funds related to three different students, and

that Jennifer Jacobs Council, who served as an owner, operator, or person

with direct contact with students, had been found guilty of a felony which

disqualified her from employment. The Adminis trative Complaint notified

Respondent that its eligibility to participate in several named scholarship

programs was suspended, and that the Commissioner intended to revoke

RespondentÔs eligibility to receive scholarship funds . The Administrative

Complaint further ordered Respondent to return the sum total of scholarship

funds fraudulently obtained (identified as $660 , 701.25 in McKay, FES,

Gardiner (previous name of FES) , and FES - UA funds to the Department and

$1,160,567.13 in Florida Tax Credit Funds to Ste p Up for Students).

On April 24, 2022, Respondent filed a n Amended Petition for Formal

Administrative Proceeding through its owner/operator, Arthur Council, and

on June 15, 2022, the case was forwarded to DOAH for assignment of an

administrative law judge (ALJ) .

1 Since that tim e, Commissioner Corcoran resigned his position and was succeeded by

Commissioner Manny Diaz. The style of this proceeding has been amended accordingly.

The case was originally assigned to ALJ Robert J. Telfer, III, who

promptly noticed a telephonic scheduling conference. Section

1002.421(3)(c)2.c., Florida Statutes, requires DOAH Ôs Director to expedite the

proceedings and assign an ALJ who shall commence a hearing within 30 days

after DOAH receives the formal written protest, and enter a recommended

order within 30 days after the hearing or within 30 days after receipt of the

hearing transcript, unless these requirements are waived upon stipulatio n by

all parties.

During the scheduling conference, Mr. Council was adamant that he did

not want to waive the 30 - day requirement for hearing, and indicated that he

wanted a live hearing in his area. 2 Because Judge Telfe r had a scheduling

conflict at the time both parties were available , the case was transferred to

Judge Nelson in order to comply with the 30 - day requirement, and the case

was scheduled for hearing on July 7, 2022.

On June 23, 2022, Petitioner filed a Request for Judicial Notice with

respec t to several court records and corporate filings, as well as a marriage

certificate. The motion indicated that Respondent objected to the motion, but

Respondent did not file a response as allowed by Florida Administrative Code

Rule 28 - 106.204. After the ti me prescribed in rule 28 - 106.204 passed with no

written response, the request for judicial notice was construed as a request

for official recognition and was granted.

The Order of Pre - hearing Instructions (OPI) directed the parties to confer

and exchange witness lists and exhibits, and to prepare a p rehearing

2 Mr. Council actually wanted the hearing to be at his school in Port St. John the following

day. To do so was not feasible, so the hearing was scheduled within the 30 - day timeframe at

the historic courthouse in Titusville.

s tipulation as detailed in the OPI. On July 5, 2022, Petitioner filed a

Unilateral Pre - Hearing Stipulation, and represented that counsel had

contacted RespondentÔs representative to obtain Responden tÔs input, but

Respondent had not responded. Respondent did not file any witness list or

provide any exhibits as required by the OPI.

The hearing commenced as scheduled. However, at the beginning of the

hearing, Mr. Council advised that he had counsel who had encountered an

emergency of some sort and had moved for a continuance. No notice of

appearance or motion for continuance was filed on DOAHÔs case docket.

Mr. Council did not name the counsel who was filing the motion for

continuance, and when asked la ter in the hearing if he could advise the ALJ

of the counselÔs name, he indicated that he could not. At some point,

Mr. Council volunteered a name for his counsel, but there was no person by

that name listed as eligible to practice law in Florida. Eventual ly Mr. Council

provided a name of a licensed attorney, but that attorney has never made an

appearance in this case .

When Respondent requested the continuance, the Department objected,

asserting that they would be prejudiced by a continuance at that point , given

that counsel and one of their witnesses had traveled from Tallahassee to

Titusville, and its remaining witnesses were all present and ready to go

forward . Given that section 1002.421(3)(a) requires that the hearing be held

within 30 days unless all parties waive the requirement, RespondentÔs

request for a continuance was denied, and the hearing was completed.

At hearing, Jacqueline Hitchcock, Agent Daniel Genova, Ernette Duhart,

Amanda Lapine , and Jeffrey Lapine testified for Petitioner, and Petit ioner's

Exhibits 1 through 4 and 6 through 28 were admitted into evidence. Arthur

Council testified for East Atlantic Prep but presented no exhibits.

The Transcript of the proceedings was filed with DOAH on July 21, 2022,

and a Scheduling Order was issued , advising that the partiesÔ proposed

recommended orders were due on August 1, 2022. Petitioner timely filed a

Proposed Recommended Order. Respondent did not file a proposed

recommended order.

On August 3, 2022, counsel for Respondent filed a Notice of A ppearance

and a Motion to Dismiss Complaint. 3 Rule 28 - 106.204(2) requires that

motions to dismiss must be filed no later than 20 days after the assignment of

a presiding officer. Judge Telfer was assigned as a presiding officer no later

than June 17, 2022, and the case was transferred to the undersigned on June

20, 2022. The Motion to Dismiss Complaint was filed well past 20 days from

assignment of either ALJ, and is denied.

All references to Florida Statutes are to the 2021 codification. All

emphasis is in the original unless otherwise indicated.

F INDINGS OF F ACT

1. Petitioner is the state official charged with administering and

overseeing state scholarship programs prescribed in chapter 1002. These

scholarship p rograms include the McKay, codified at sec tion 1002.39 (and

repealed, effective July 1, 2022); the FES , codified at section 1002.394;

Florida Tax Credit, codified at section 1002.395; and the Hope Scholarship

Program, codified at section 1002.40 . For simplicityÔs sake, they are referred

to collect ively as Ñscholarships,Ò unless context requires that a specific

scholarship be referenced.

3 The Notice of Appearance was entered by a different attorney from that named during the

hearing.

2. The office within the Department of Education (DOE or the

Department) responsible for overseeing these scholarships is the Office of

Independent Education and Pa rental Choice (IEPC).

3. The process to become a private school, as opposed to a charter school,

is minimal, with very little, if any, oversight. The entity wishing to open the

school submits a request for a school code , and once it gets the code, registe rs

with the state through the submission of a Private School Annual Survey

(annual survey) . Private schools must conduct level II background screenings,

fire inspections, and health inspections, but are not required to provide the

results of any of th is in formation to the Department . The annual survey is a

private schoolÔs only reportable requirement, and contains information such

as the number of teachers, students, and school demographics. If a private

school fails to submit its annual survey, then it is considered a Ñnon -

responder,Ò and the Department no longer acknowledges that it is in

business.

4. Private schools may apply for eligibility to receive scholarship funds.

For private schools that receive scholarship funding, the level of oversight

increas es substantiall y, and is described in section 1002.421 . For example,

schools receiving scholarship funding must submit background screenings for

officers, directors, and other controlling persons; must certify that all staff

with direct student contact pas sed a Florida Department of Law Enforcement

Level 2 background screening; and must terminate or deny employment to all

persons who cannot meet this requirement.

5. The funds for scholarships are generally disbursed through nonprofit

scholarship - funding or ganizations. The responsibilities of the scholarship -

funding organizations, the schools, and the parents are outlined in section

1002.395(6) through (8). As described in the statute , a parent applies for a

scholarship through the scholarship - funding organi zation, and chooses the

school he or she wants his or her child to attend. Once the child is enrolled in

the school, the school notifies the scholarship - funding organization that the

child will be attending that school. If the funds are to be disbursed by wire

transfer, as the funds were in this case, the parent must approve each

quarterly payment before the scholarship funds may be deposited. Section

1002.395(7)(f) states that Ñ[t]he parent may not designate any entity or

individual associat ed with the par ticipating private school as the parentÔs

attorney in fact to endorse a scholarship warrant or approve a funds transfer.

A participant who fails to comply with this paragraph forfeits the

scholarship.Ò

6. I n addition to income limitations specified for eli gibility , there are also

limits on who can receive scholarships . One such limitation is that

scholarships cannot be provided to the child of an owner - operator , which is

defined as Ñ[a]n owner, operator, superintendent, or principal of an eligible

school or a person with equivalent decisionmaking authority over an eligible

private school . Ò See § 1002.395(2)(i)2. and (6)(g), Fla. Stat.

7. Respondent is a private school participating in state scholarship

programs. Respondent operates one campus in Port St. Joh n, Florida, with

school code number (1995), operating at 3815 Curtis Boulevard. The name

ÑEast Atlantic Prep of Brevard CountyÒ is a fictitious name owned by

Lighthouse Christian Academy of Merritt Island, Inc. The name of the school

was changed in DOEÔs r ecords to East Atlantic Prep in July 2019.

8. Arthur Council is the current owner/operator of the school. Before

assuming that role in 2019, he was a teacher at East Atlantic Prep .

9 . On March 7, 2019, Arthur Council submitted amendments to the

Articles of Incorporation for the Lighthouse Christian Academy of Merritt

Island, Inc., deleting Joyce Willoughby, Amy Bilder, and Marian Fox as

officers of the corporation. In their place, he added himself as president,

Courtney Clement as treasurer, and Jennifer A. Jacobs as secretary. These

changes were listed as effective September 4, 2018.

10 . The directions on the form provided by the Department of State

specifically indicate that a person can hold more than one position, stating,

ÑIf an officer/director holds m ore than one title, list the first letter of each

office held. President, Treasurer, Director would be PTD.Ò

11 . The annual reports on file with the Secretary of StateÔs office, filed

April 1, 2019 ; June 4, 2020 ; and April 16, 2021, list Arthur Council as

president, Liam Jacobs as vice president, Courtney Clement as treasurer,

and Jennifer Jacobs as secretary.

12 . During the 2019 - 2020, 2020 - 2021, and 2021 - 2022 school years, Malilia

Fleese was a student at East Atlantic Prep and receiv ed scholarship funds.

T he parent portal maintained by Step Up for Students, a scholarship - funding

organization, lists Jennifer Jacobs as MaliliaÔs primary parent. The electronic

signature page, signed February 7, 2019, lists Jennifer JacobÔs marital status

as Ñsingle, I have nev er been married,Ò and contains the statement (which

she clicked to certify), ÑI certify that no parent/guardian on this application is

an owner, operator, principal or person with equivalent decision - making

authority of an eligible private school.Ò

13 . On the Electronic signature page, the following statement is included:

Under penalties of perjury, I certify that the

information presented is true and accurate to the

best of my knowledge and belief. I understand that

providing false representations constit utes an act of

fraud. False, misleading or incomplete information

may result in the denial of the scholarship

application or revocation of a scholarship award.

Per Florida Statute SB2126: ÑAn owner or

operatorÒ includes: An owner, operator,

superintendent , or principal of an eligible private

school of a person with equivalent decision making

authority over an eligible private school.

An eligible non - profit scholarship organization:

May not provide scholarships to a child of an owner

or operator.

14 . T he electronic signature page signed January 1, 2020, for the

August 2020 through June 2021 school year still stated that Jennifer Jacobs

is Ñsingle, I have never been married,Ò and contains the same certification as

the previous year. The same can be said for the electronic signature page

signed March 9, 2021, for the 2021/2022 school year.

15 . Notwithstanding the statements made in the parent portal, Jennifer

Ashley Jacobs, DOB 12/24/1986, married Arthur Council on October 6, 2019.

Some of the records sub mitted in this case list her name as Jennifer Jacobs,

and some list it as Jennifer Council. Regardless of the designation, Jennifer

Jacobs and Jennifer Council are the same person. For the sake of clarity,

unless context demands otherwise, she will be refe rred to in this

Recommended Order as Jennifer Jacobs Council or Ms. Council .

16 . Courtney Clement is Arthur CouncilÔs sister, and as noted above, is

listed as the trea surer for Lighthouse Christian Academy of Merritt Island,

Inc . , in the records maintaine d by the Department of State, Division of

Corporations.

17 . David Clement is Courtney ClementÔs son, and is a student at East

Atlantic Prep. The parent portal for Step Up for Students lists her name as

ÑCourney Clement,Ò but her name is actually Courtney , and emails from

Jennifer Jacobs Council confirm that Courtney Clement is David ClementÔs

mo ther . Ms. Clement certified through her electronic signature on May 9,

2019, while she was listed as treasurer for the school, ÑI certify that no

parent/guardian of a child on this application is an owne r, operator, principal

or person with equivalent decision - making authority of an eligible private

school.Ò

18 . In February of 2021, IEPC received a complaint from a parent alleging

concerns about possible fraud at E ast Atlantic Prep , and the possibility of

felons working there. An investigation was initiated, and Jacqueline

Hitchcock, the DOE employee responsible for undertaking the investigation

with respect to East Atlantic Prep, requested several documents . Those

documents include a list of all employees and their position titles; results of

current FDLE Level 2 background screening s for employees ; evidence related

to experience for each teacher; and results of employment history checks for

each of the employeesÔ o r adm inistratorsÔ previous employers. Ms. Hitchcock

requested that these records be supplied by March 10, 2021.

19 . On May 5, 2021, IEPC issued a Notice of Noncompliance regarding the

requested records . The Notice identified the multiple extensions the sc hool

had received, and advised that response was essential to East Atlantic PrepÔs

continued participation in scholarship programs.

20 . On May 26, 2021, Ms. Hitchcock received an email from Jennifer

Jacobs Council. The email stated:

Jacqueline, Attached is all documents required, we

are sorry it took so long to get to you we had a huge

set back that literally took the entire amount of

time to get corrected. Nothing will ever take this

long to get back to you again.

Thanks for your understanding.

Jennife r A. Council

School Director

East Atlantic Prep

321 - 294 - 8668

21 . Among the materials provided with the email is a listing of all the

staff members of the school, and the positions they fill. With respect to

Jennifer Jacobs Council, the listing states:

Je nnifer Jacobs \\ Council Ï Office Administrator Ï

Jennifer has been with East Atlantic Prep of

Brevard County for the last 4 years, she runs our

front office and doing [ sic ] special activities with

the students for art. She rotates throughout the

weekly sched ule to make sure everyone learns some

art. Jennifer also rotates throughout the

Middle/High School teaching Health classes.

22 . Jennifer Jacobs CouncilÔs application for employment at the school

was signed August 1, 2016. In that application, she stated that she had never

been convicted of a felony. At the time of the application, the name listed on

the application was Jennifer Jacobs , and Mr. Council was not the

owner/operator of the school .

23 . The FDLE records check for Jennifer Ashley Jacobs, complet ed

M ay 26, 2021, reveal th at on March 13, 2015, Jennifer Ashley Jacobs, D/O/B

12/24/1986, was charged with fraudulent use of a credit card and criminal use

of personal identification information in Case No. 56 - 2015 - CF - 00015 - A , in the

Nineteenth Judicial Ci rcuit in and for St. Lucie County . Both are third -

degree felonies , in violation of sections 817.61 and 817.568(2)(a), Florida

Statutes, respectively. Ms. Jacobs entered a plea of nolo contendere and was

adjudicated guilty.

24 . On March 6, 2015, Jennifer A. Jacobs was charged in the Eighteenth

Judicial Circuit in and for Brevard County with two counts of uttering a

forged instrument , in violation of section 831.02, Florida Statutes, and one

count of grand theft, in violation of section 812.014(2)(c)1., Flori da Statutes.

All are third - degree felonies.

25 . Pursuant to a plea agreement accepted April 21, 2015, adjudication

was withheld and Jennifer A. Jacobs was sentenced to 36 months of drug

offender probation, concurrent with any active sentence, specifically

including the case in St. Lucie County.

26 . On September 6, 2017, in the St. Lucie County case, Jennifer A.

Jacobs entered a plea agreement admitting to a violation of probation. The

judgment and sentence entered that day revoked her probation and

sente nced her to county jail for 180 days, with credit for time served of

174 days.

27 . The offenses to which Jennifer Jacobs Council pleaded nolo contendere

to and/or was adjudicated guilty include a disqualifying offense for

employment at a school where she has direct contact with students , and

disqualifying offenses for any owner/operator of a private school receiving

scholarship funds . They were disqualifying offenses at the time she was hired

to work at East Atlantic Prep, and she was not eligible for empl oyment at the

school .

28 . Each year, private schools receiving scholarship funds are required to

submit a Scholarship Compliance Form for Private School Participants in

State Scholarship Programs (Scholarship Compliance Form). Scholarship

Compliance Forms were submitted for East Atlantic Prep, signed and

notarized by Arthur Council on July 9, 2021 , and March 1, 2022, respectively.

29 . The Scholarship Compliance Form contained the following questions:

C ) Have all employees or contracted personnel with

di rect student contact submitted their fingerprints

to the Florida Department of Law Enforcement for

state and national background screening in

accordance with section 1002.421(1)(m), Florida

Statutes?

D) In accordance with section 1002.421(1)(m),

Florida S tatutes, does the school deny employment

to or terminate an employee or contracted

personnel with direct student contact if he or she

fails to meet the background screening standards

under section 435.04, Florida Statutes?

E) In accordance with section 10 02.421(1)(m),

Florida Statutes, does the school disqualify

instructional personnel and school administrators

from employment in any position that allows direct

contact with students if the personnel or

administrators are ineligible under section 435.40,

Fl orida Statutes?

30 . On the forms submitted and notarized July 9, 2021 , and March 1,

2022, Mr. Council answered each question, Ñyes.Ò At the time that

Mr. Council signed each of these forms, East Atlantic Prep had received the

criminal records check regar ding his wife, Jennifer Jacobs Council.

31 . On July 15, 2021, Ms. Hitchcock emailed her findings to Mr. Council.

She found that three of RespondentÔs employees did not meet qualifications to

teach when hired. Those findings are not relevant to the charges in the

Administrative Complaint . Her other findings are as follows:

4. Jennifer Jacobs Ï Has a felony conviction under

chapter 812, Florida Statutes. Pursuant to section

435.04(2)(cc), Florida Statutes, Ms. Jacobs is

disqualified from employment. I will need a letter

signed and notarized indicating that Ms. Jacobs is

no longer employed at East Atlantic Prep of

Brevard County.

5. An amendment filed with the Division of

Corporations signed by Arthur Council on 3/7/19

indicates that Courtney Clements was ad ded as an

officer an officer/director effective 9/4/18. Section

1002.395(6)(g), Florida Statutes, prohibits a private

school from accepting Florida Tax Credit funds for

any dependents of an owner or operator. Section

1002.395(2)(i)2., Florida Statutes, def ines an owner

or operator as: An owner, operator, superintendent,

or principal or an eligible private school or a person

with equivalent decision making authority over an

eligible school. East Atlantic Prep of Brevard

County accepted $12,736 in Florida Tax Credit

funds for David Clement, which is a violation of the

Florida Tax Credit statute. [ 4 ]

32 . On that same day, on an email account in Jennifer Jacobs Council Ôs

name, Mr. Council responded, saying he had no problem fixing things and

working with Ms. Hit chcock, and indicated that he Ñcan have a notarized

letter to you by tomorrow regarding Jennifer.Ò

33 . On July 15, 2021, Mr. Council executed an affidavit that states: ÑThis

is notice that Jennifer Jacobs no longer works, volunteer Ô s [ sic ] , or is

associate d with any operation of East Atlantic Prep of Brevard County. This

is effective immediately. Ò

4 Ms. Hitchcock did not realize at th is point that Jennifer Jacobs CouncilÔs daughter was also

receiving scholarship funds, because her last name is different from her motherÔs. It was first

discovered when Ms. Hitchcock received a spread sheet from Step Up for Students regarding

payments tha t Jennifer Jacobs Council was the parent of a scholarship student.

34 . Ms. Hitchcock spoke with Mr. Council by phone and explained that the

school was not allowed to receive scholarship funds for the children of

owner/operators. She felt that he did not have a clear understanding of what

was required by the Division of Corporations; he conveyed to her that he was

under the impression that he had to have four people listed, so he listed his

wife, his sister, and his two - year - old c hild. She advised him that he would

have to take Courtney Clement off as a director, as well as Ms. Council .

35 . Ms. Hitchcock felt that some of Mr. CouncilÔs actions were not

intentional. She felt that East Atlantic Prep could make some changes,

remove J ennifer Jacobs Council from the schoolÔs employ, and the school

could remain in operation. She wanted to give the school the benefit of the

doubt, and closed the investigation.

36 . It is noted that Mr. Council represented to Ms. Hitchcock and

reiterated a t hearing that he thought he had to have four people listed as

officers/directors for the annual statement for the Secretary of State records.

However, when Mr. Council first amended the records, he named three

people, as opposed to four , and he did not re move any of the officers listed

with the Division of Corporations in July 2021 .

37 . After the 2021 investigation against East Atlantic Prep was closed,

Ms. Hitchcock received a phone call from a representative of Step Up for

Students . Ms. Hitchcock was a dvised that she needed to speak with an

inspector from the Brevard County SheriffÔs Office (BCSO) regarding possible

fraud with respect to a student named Dustin Lapine who had attended East

Atlantic Prep . She received some documents from Step Up for Stude nts,

spoke with DustinÔs mother, and spoke with Inspector Daniel Genova from

the BCSO. Ms. Hitchcock understood from her conversation with Inspector

Genova that Jennifer Jacobs Council was still at East Atlantic Prep, which

led her to reopen her investigat ion.

38 . Amanda and Jeffrey Lapine are married and have one son, Dustin. In

the summer of 20 20 , 5 Amanda saw some information regarding East Atlantic

Prep an d contacted them to take a tour . After she and her husband toured

the school, they decided to enrol l their son for the next school year. During

the tour, they were provided a packet of information and paperwork to fill

out. According to M r s. Lapine, they knew East Atlantic Prep charged tuition

to attend the school, but were told that there were scholars hips available for

which they might qualify. The Lapines were told to fill out the information

packet and the school would submit it on their behalf.

39 . M r s. Lapine did not recall if there was any heading that identified

Step Up for Students on the top o f the form s she completed . Typically,

parents applying for scholarships through Step Up for Students do so online

and not through paper forms . She was very sure that she did not submit

anything directly to the scholarship funding organization, but submitte d all

of the information that she filled out to Jennifer Jacobs Council at East

Atlantic Prep. Her testimony is clear and credible, and is accepted.

40 . M r s. Lapine texted with Jennifer Jacobs Council regarding the

scholarship, and eventually learned from her that Dustin was approved for a

scholarship of approximately $6,300 a year. Mrs. Lapine was somewhat

surprised, because she believed that she and her husband made too much

money to qualify for a scholarship. No one from Step Up for Schools or any

other scholarship - funding organization ever contacted the Lapines during the

application process . Neither she nor her husband Jeffrey ever registered for a

portal with Step Up for Student s, and neither of them ever provided their

email address es .

5 Mrs. LapineÔs testimony refers at times to dates related to the 2019/2020 school year, as

opposed to the 2020/2021 school year. However, from the documents submitted and the

whole of her testimony, it is found that it is more likely than not that she visited the school

in July of 2020 and enrolled Dustin that fall.

41 . Mr. and M rs. La pine did not believe that their son had a positive

experience with East Atlantic Prep, and by March of 202 1 , they pulled him

out of the school. 6

42 . After Dustin was no longer at East Atlantic Prep, Ms. Lapine received

mail from Step Up for Students , asking that she either approve or deny

payment for the last quarter of the school year. Mrs. Lapine thought it odd,

because she had never approved payment before. She called Step Up for

Students, and the woman with whom she spoke told Mrs. Lapine that in

previous quarters, Mrs. Lapine had approved payment on her parent portal.

When Mrs. Lapine told Step Up for StudentsÔ representative that she did not

know what the woman was talking about, she was placed in contact with

someone else to discuss her account . After realizing that her and her

husbandÔs signatures had been used fraudulently, she contacted the BCSO to

file a fraud complaint.

43 . Agent Daniel Genova is an investigative agent in the economic crimes

unit of the BCSO. He received a complaint from M rs. Lapine that her name

and signature were used and documents were created, including an email

account, without her permission. As part of Agent GenovaÔs investigation, he

met with both Arthur Council and Jennifer Jacobs Council. The first

interview took place on May 12, 2022, in Mr. CouncilÔs office at East Atlantic

Prep. During the interview, Jennifer Jacobs Council identified herself as

Joyce Wilvey, but gave her own birthdate. After the interview, as Agent

Genova and his partner were leaving the school , Jennifer Jacobs Council

came out to the parking lot, crying, and admitted she gave them a false name

because she was not supposed to be at the school.

44 . Ernette Duhart worked at East Atlantic Prep for approximately four

years. She resigned on May 20 , 2022. While she was there, Arthur Council

6 Mrs. Lapine admitted that she did not go through the formal withdrawal process with East

Atlantic Prep, because by that time , Ñemotions were highÒ and she did not want to go to the

school. However, it is clear that after spring break in 2021, Dustin was enrolled in public

school instead of East Atlantic Prep .

was running the school, with Jennifer Jacobs Council helping him.

Ms. Council was there, every day, working in the office. Ms. Council was not

there the last day Ms. Duhart worked, but was there that week , long a fter

Mr. Council signed the affidavit stating she would no longer be at the school .

45 . Ms. Hitchcock received documents from Step Up for Students

regarding Dustin Lapine and his parents. The documents include DustinÔs

birth certificate, which clearly id entifies his parents as Amanda and Jeffrey

Lapine , and a copy of Jeffrey LapineÔs driver Ôs license. Also included are two

handwritten letters. The first one, purportedly signed by Amanda Lapine,

states:

To whom it may concern,

I Amanda Lapine have been p aying my brother

Jeffery LapineÔs Bills for the months of June and

July of 2020 totaling around $1, 2 0 0 per month. H e

is unable to work and taking complete care of his

son Dustin.

Thanks,

Amanda Lapine

46 . The second letter is purportedly from Jef frey Lapine, and states:

8/11/20

I Jeffery Lapine do not receive unemployment

benefits nor can I apply for such benefits. My sister

Amanda has been paying all my bills.

Jeffery Lapine

47 . Neither Jeffrey Lapine nor Amanda Lapine wrote these letters. The

handwriting is not theirs, and JeffreyÔs name is misspelled in both. Amanda

and Jeffrey Lapine are husband and wife, not brother and sister. Jeffrey

Lapine was not unemployed at any point during this timeframe. He changed

jobs in Februar y 2021, well after the documents were submitted, and no

evidence was submitted to indicate that, even then, there was a break in his

employment.

48 . A parent portal with Step Up for Students was also created in Jeffrey

LapineÔs name. The parent portal for the 2020 - 2021 school year lists Jeffrey

Lapine as the primary parent, and no secondary parent is identified . It lists

his marital status as Ñsingle, I have never been married.Ò The three security

questions and answers are listed as : 1) In what city were y ou born? (South

Haven); 2) What was the model of your first car? ( G rand A m); and 3) What is

your fatherÔs middle name? ( E ugene). The email listed for the account is

[e-mail] , and the electronic signature is purportedly

signed by Jeffrey Lapi ne (with first name misspelled as Jeffery) on July 31,

2020.

49 . Mr. Lapine did not set up this parent portal, and did not know one

existed. His first car was a blue Chevrolet and his fatherÔs middle name is

Paul. He did not recognize the email address am [e-mail] and did

not provide that email to Step Up for Students.

50 . On December 14, 2021, Amanda Lapine submitted paperwork denying

payment for the school year 2020 - 2021, writing on the form, ÑPer

conversation with Ms. Joy on 12/14/2021 my emai l is

[e-mail] . We never set up a parent portal log in n or had we

ever gone online to approve payments in the past.Ò

51 . The information received regarding the Lapines Ô account caused

Ms. Hitchcock to examine other files related to scholarship s awarded to East

Atlantic Prep students , which revealed some curiosities.

52 . The Step Up for Students parent portal for Malilia Fleese lists the

same three security questions as th ose for Dustin Lapine. It also lists the

model of the first car as a Gran d Am and the fatherÔs middle name as

Eugene.

53 . Likewise, the parent portal for David Clement lists the same three

security questions, and also indicates that the model of the first car was a

Grand Am and the fatherÔs middle name was Eugene. The email fo r this

account is [e-mail] .

54 . Ms. Hitchcock asked personnel from Step Up for Students to pick five

student files with scholarships to East Academy Prep, and they all had these

same security questions . In each case, the first car was listed as a Grand Am

and the fatherÔs middle name was listed as Eugene. Similarly, many had

email addresses with a personÔs first name, followed by [e-mail] .

55 . There is no direct evidence that Jennifer Jacobs Council created the

accounts and parent portal s with Step Up for Students for students receiving

scholarship funds at East Atlantic Prep . However, the evidence is clear that,

at least with respect to the Lapines, the parents did not open the account.

They gave information to Jennifer Jacobs Council an d an account was created

in Jeffrey LapineÔs name for Dustin Lapine, and scholarship funds were

approved for East Atlantic Prep without their involvement. Jennifer Jacobs

Council is also the one who advised them that the scholarship was approved

for their son. The compelling and persuasive evidence submitted supports a

finding that it is more likely than not Jennifer Jacobs Council, or someone

else at East Atlantic Prep, created some of the documents submitted to Step

Up for Students and created the parent portal in order to have a vehicle

through which payments to East Atlantic Prep could be made.

56 . It is also found , despite the affidavit submitted to IEPC indicating that

Jennifer Jacobs Council was not at the school in any capacity, the greater

weight o f the evidence is that she continued to work at the school in a

capacity that provided direct contact to students. Even Mr. Council admitted

as much, stating,

But at the end of the day, itÔs more of if the

disqualifying factor is Jennifer Ï and Your Honor , I

want to say this, too, is that in doing this type of

work, there has been a lot of Ï and IÔm just going to

be honest, a lot of single parents, women, there has

been a lot of staff, and if Jennifer has ever

continued to help me, it was to be a liaison o r a

brid ge to this person who I knew Ï I also have

another company, and itÔs been going on for a year,

and she does that. And so itÔs always been to be,

ÑHey, you know, I donÔt want to have a meeting

with a parent whoÔs trying to holler at me.Ò You

know, e ven staff Ï and IÔm just being honest. È

You know, any time I ever had a young girl in our

office, I needed someone there. You know, if a

teacher couldnÔt be there who I trusted, I needed

somebody there.

57 . The Administrative Complaint in this case was issued April 12, 2022.

The Sunbiz records for the Secretary of State, Division of Corporations ,

records reflect documentation was filed on April 14, 2022, to remove Jennifer

A. Council as an officer for Lighthouse Christian Academy of Merritt Island,

Inc. , the owner of the fictitious name East Atlantic Prep of Brevard County.

Courtney Clement and Liam Council, Mr. CouncilÔs young son, were still

listed as officers.

C ONCLUSIONS OF L AW

58 . DOAH has jurisdiction over the parties and the subject matter of th is

proceeding pursuant to sections 120.569, 120.57(1), and 1002.421(3)(d).

59 . Section 1002.421(3) provides , in pertinent part:

(3 ) C OMMISSIONER O F E DUCATION A UTHORITY A ND

O BLIGATIONS . Ï The Commissioner of Education:

(a) Shall deny, suspend, or revoke a private schoolÔs

participation in a scholarship program if it is

determined that the private school has failed to

comply with this section or exhibits a previous

pattern of failure to comply. È

(e) May immediately suspend payment of

scholarship funds if it is determined that there is

probable cause to believe there is:

1. An imminent threat to the health, safety, or

welfare of the students;

2. A previous pattern of failure to comply with this

section; or

3. Fraudulent activity on the part on the part o f the

private school. È

60 . In this proceeding, the Commissioner has immediately suspended and

seeks to revoke RespondentÔs ability to participate in state scholarship

programs. Therefore, the burden of proof rests with the Commissioner to

prove the alle gations in the Administrative Complaint by a preponderance of

the evidence. Section 120.57(1)(j) provides that findings of fact shall be based

on the preponderance of the evidence, except in penal or license disciplinary

proceedings, or as otherwise provid ed by statute. Section 1002.421(3) is silent

regarding the burden of proof, and as Petitioner correctly asserts, scholarship

eligibility is not licensure: regardless of the outcome of this proceeding, the

school may continue to operate and students may sti ll receive scholarship

funds, as long as they attend a school eligible to receive the funds. Stewart v.

Silva of South Fla., Inc., Case No. 17 - 3898SP (Fla. DOAH Dec. 11, 2017;

Fla. DOE Mar. 14, 2018).

61 . The Supreme Court of Florida has stated, Ñ A Ó prepo nderance Ô of

the evidence is defined as Ó the greater weight of the evidence, Ô Black's Law

Dictionary 1201 (7th ed.1999), or evidence that Ó more likely than not Ô tends

to prove a certain proposition. Ò Gross v. Lyons , 763 So. 2d 276, 280 n.1

(Fla. 2000) (citi ng American Tobacco Co. v. State, 697 So. 2d 1249, 1254

(Fla. 4th DCA 1997) ) . As applied to this case, Petitioner must prove by the

greater weight of the evidence , or that it is more likely than not, that

Respondent committed the violations alleged in the Administrative

Complaint.

62 . Count I of the Administrative Complaint states as follows:

Fraud: During the 2019 - 2020, 2020 - 2021, and

2021 - 2022 school years, East Atlantic Prep claimed

Florida Tax Credit Scholarship Funds for student

Malilia Fleese, the m inor child of Jennifer Jacobs

Council, the schoolÔs owner of record with the

Florida Department of State, Division of

Corporations and the Florida Department of

Education. However, in order to claim scholarship

eligibility for her children, Ms. Jacobs Coun cil has

previously executed affidavits stating that neither

a parent nor guardian of the children is an owner

or operator of East Atlantic Prep, thereby

committing fraud as contemplated in section

1002.421(3)(e)3., Florida Statutes.

6 3 . The greater weigh t of the evidence clearly establishes that Jennifer

Jacobs Council applied for scholarship funds for her daughter during the time

she was listed as an officer for East Atlantic Prep. The evidence also shows

that she was working at the school during this pe riod , working in the office

a nd assisting Mr. Council . She sent at least one email to the Department

identifying herself as ÑSchool Director.Ò She gave the appearance to the

public of being able to handle administrative matters for the school, such as

enro llment and scholarship applications. Petitioner must also show that

Jennifer Jacobs Council served as an owner/operator, and that her actions in

signing the affidavit constitute fraud.

6 4 . As reflected in the Findings of Fact, an owner/operator is defined in

section 1002.395(2)(i)2., as Ñ[a]n owner, operator, superintendent, or principal

of an eligible school or a person with equivalent decisionmaking authority

over an eligible private school. Ò The question then becomes whether, as

secretary of the corpora tion, Jennifer Jacobs Council is a person with

equivalent decision - making ability over East Atlantic Prep.

6 5 . Chapter 607, Florida Statutes, provides the framework for

corporations naming boards of directors and officers. Section 607.0802 and

607.0803 p rovide, respectively, that directors must be natural persons who

are 18 years of age or older, and that a board of directors must consist of one

or more individuals. Under Florida law, a corporation is managed by its board

of directors or by its officers a cting under the direction and control of the

board, whether it is a corporation for profit, or not - for - profit. Fla. State

Oriental Med. AssÔn v. Slepin , 971 So. 2d 141, 144 (Fla. 1 st DCA 2007);

see also Meese v. Warm Mineral Springs, Inc. , 128 So. 2d 174, 179 (Fla. 2d

DCA 1961) (ÑThe board of directors of a corporation represents the corporate

body, and the directors are entrusted with authority to conduct and manage

the corporate affairsÒ).

6 6 . Based on the weight of the evidence submitted, Jennifer Jacobs

Council was a person with equivalent decision - making ability, and thus

meets the definition of an owner/operator as defined in section

1002.395(2)(i)2.

6 7 . Finally, Petitioner must show that when Jennifer Jacobs Council

signed the application for scholar ship funds, she did so fraudulently. The

elements to prove fraud are well settled: there must be 1) a false statement

concerning a material fact; 2) made with knowledge that the representation

is false and with the intention of inducing anotherÔs reliance on the

statement; and 3) consequent injury to the other party action in reliance on

the false misrepresentation. Lance v. Wade , 457 So. 2d 1008, 1022

(Fla. 1984); Cohen v. Krofit Estate Buyers, Inc. , 843 So. 2d 989, 991 (Fla. 4 th

DCA 2003). Fraudulent inte nt is, by necessity, usually proven by

circumstantial evidence and those circumstances Ñby their number and joint

consideration, [must] be sufficient to constitute proof.Ò Nally v. Olson , 134 So.

2d 265, 267 (Fla. 2d DCA 1961). A series of acts, taken toge ther, may

constitute fraud. DepÔt of Rev. v. Rudd, 545 So. 2d 369, 372 (Fla. 1 st DCA

1989). Scienter or guilty knowledge as an element of intentional misconduct

may be established by showing Ñactual knowledge, or that the defendant was

reckless or careless as to the truth of the matter asserted.Ò Ocean Bank of

Miami v. INV - UNI Inv. Corp. , 599 So. 2d 694, 696 (Fla. 3d DCA 1992).

6 8 . With respect to Jennifer Jacobs Council, Petitioner has demonstrated,

based on the entirety of the evidence presented, that sh e committed fraud by

signing the application for scholarship funds and asserting that no parent of

her child was an owner/operator of a private school. Ms. Council worked at

the school and was involved in its daily affairs. She made representations to

pare nts that implied the authority to act on behalf of the school. She was

listed as a corporate officer for the school with the Secretary of State. And

with respect to other statements on two of the applications, she made false

statements regarding her marita l status . The application was signed with the

intent that Step Up for Students would rely on the statements contained in

the application to approve scholarship funds for her child, and it did so.

Petitioner has proven Count I by a preponderance of the evid ence.

6 9 . Count 2 alleges the same type of fraud as Count I, except the fraud is

alleged in relation to the applications signed for scholarship funds for the

2019 - 2020 and 2020 - 2021 school years by Courtney Clement.

After careful consideration, Petitioner has not proven the violation alleged in

Count 2. To be sure, Courtney Clement apparently signed the same

statement in order to get scholarship funds for her child, and she is also

listed as an officer of Lighthouse Christian Academy of Merritt Island, Inc .,

which owns the fictitious name for East Atlantic Prep. However, other than

the fact that Ms. Clement is Mr. CouncilÔs sister, and that at one time she

worked at East Atlantic Prep in some unknown capacity, the evidence

presented does not provide any ins ight into what role she played at the

school, and does not give sufficient assurance that when she signed the

application for scholarship funds that she could be perceived as someone who,

by her actions, could have decision - making authority for the school.

70 . Count 3 also alleges fraud, this time in connection with the application

for scholarship funds for Dustin Lapine. Count 3 states:

Fraud: On or about August 19, 2020, East Atlantic

Prep submitted an FTC application for one Dustin

Lapine, the minor chi ld of Jeffrey and Amanda

Lapine, to scholarship funding organization Step

Up for Students (SUFS), in order to secure FTC

funds to be directed to East Atlantic Prep. East

Atlantic Prep included within the application

certain documents falsely or improperly purported

to be created and/or executed by Jeffrey and

Amanda Lapine, thereby committing fraud as

contemplated in section 1002.421(3)(e)3., Florida

Statutes.

7 1 . Petitioner has proven the allegations in the Administrative Complaint

with regard to Count 3 . The evidence shows that the Lapines provided

information to Jennifer Jacobs Council at her request, and that she informed

them that Dustin had been awarded a scholarship. However, the Lapines did

not set up a parent portal with Step Up for Students; did not write the letters

submitted to Step Up for Students; did not sign the letters or the scholarship

application; and did not approve payment for funds to go to East Atlantic

Prep. The only plausible conclusion is that Jennifer Jacobs Council or

someone el se at East Atlantic Prep with comparable authority and access

took the information provided by the Lapines and used it to set up the parent

portal and approve funds to go to the school. Section 1002.395 ( 7)(f) explicitly

prohibits a school from approving fu nds on behalf of an enrolled child. See

also § 1002.421(1)(f)2., Fla. Stat. While there was evidence presented that

suggested this was a common practice at East Atlantic Prep, at least some of

that evidence was hearsay, and no pattern of practice regarding creation of

scholarship accounts and payment endorsement was alleged in the

Administrative Complaint. However, with respect to the Lapines, the

evidence was clear and persuasive.

7 2 . Finally, Count 4 alleges the following:

4. Disqualifying Offense : East Atlantic Prep

employs one Jennifer Jacobs Council, who has

previously been convicted of felony convictions of

section s 817.61, 817.568, 812.014 and 831.02,

Florida Statutes, as an owner/operator, or in a

position which requires direct contact with

student s. Per sections 1002.421(1) and 435.04(2),

Florida Statutes, school owners, operators and

employees who have been found guilty of a felony

violation of sections 817.61, 817.568, 812.014 and

831.02, Florida Statutes, do not meet the requisite

criteria to pa ss the Level 2 background screening

required by sections 1002.421(1)(m) and (p), Florida

Statutes.

7 3 . Section 1002.421 provides , in pertinent part:

(1 ) A private school participating in an educational

scholarship program established pursuant to this

ch apter È must:

* * *

(e) Annually complete and submit to the

department a notarized scholarship compliance

statement certifying that all school employees and

contracted personnel with direct student contact

have undergone background screening pursuant to

s .943.0452 and have met the screening standards

as provided in s. 425.04.

* * *

(m) Require each employee and contracted

personnel with direct student contact, upon

employment or engagement to provide services, to

undergo a state and national background

s creening, pursuant to s. 943.0542, by electronically

filing with the Department of Law Enforcement a

complete set of fingerprints taken by an authorized

law enforcement agency or an employee of the

private school, a school district, or a private

company wh o is trained to take fingerprints and

deny employment to or terminate an employee if he

or she fails to meet the screening standards under

s. 435.04. Results of the screening shall be provided

to the participating school for the purposes of this

paragraph.

1. An Ñemployee or contracted personnel with direct

student contactÒ means any employee or contracted

personnel who has unsupervised access to a

scholarship student for whom the private school is

responsible.

* * *

(p) R equire each owner or operator of the private

school, prior to employment or engagement to

provide services, to undergo level 2 background

screening as provided under chapter 435. For

purposes of this paragraph, the term Ñowner or

operatorÒ means an owner, operator,

superintendent, or prin cipal of, or a person with

equivalent decisionmaking authority over, a private

school participating in a scholarship program

established pursuant to this chapter. È

5. In addition to the offenses listed in s. 435.04, a

person required to undergo background screening

pursuant to this part or authorizing statutes may

not have an arrest warrant awaiting final

disposition for, must not have been found guilty of,

or entered a plea of nolo contendere to, regardless

of adjudication, and must not have been

adjudica ted delinquent for, and the record must not

have been expunged for, any of the following

offenses or any similar offense of another

jurisdiction:

* * *

i. Section 817.568, relating to criminal use of

personal identification information.

* * *

k. Sectio n 817.61, relating to fraudulent use of

credit cards, if the offense was a felony.

* * *

m . Section 831.02, relating to uttering forged

instruments.

7 4 . Section 435.04(2)(cc) lists felonies related to theft, robbery, and related

crimes described in cha pter 812 as disqualifying offenses.

7 5 . Petitioner has demonstrated that Jennifer Jacobs Council has

committed felonies for which she was adjudicated guilty that disqualify her

from employment at East Atlantic Prep, much less acting as an

owner/operator and being an officer of the corporation. 7 There is no question

that she had direct contact with students ; even the records submitted to

IEPC state that she worked in the office and taught both art and health.

7 6 . Jennifer Jacobs Council was hired before M r. Council was the

owner/operator of East Atlantic Prep. There was no evidence presented to

indicate whether a records check was completed when she was hired.

However, in order to truthfully answer the Scholarship Compliance Forms in

PetitionerÔs Exhibit 1 1, it would be incumbent upon Mr. Council to make sure

that there were records on hand to show that appropriate background

screening was performed with respect to all of the schoolÔs employees. Either

he did so, and ignored either the records on file or th e need to conduct

background screening, or he signed the compliance forms without making

any inquiry. Neither alternative is acceptable.

7 7 . What is more troubling is that once he provided the affidavit to

Ms . Hitch c ock indicating that Jennifer Jacobs Cou ncil would no longer be

associated with the school, she continued to be on campus on a regular basis.

Mr. Council admitted as much. Clearly, Mr. Council , as owner/operator of

East Atlantic Prep , not only did not comply with the background screening

require ments but knowingly allowed a person he knew was ineligible to work

at the school to remain in its employ, despite his affidavit to the contrary.

7 8 . Throughout the hearing, Mr. Council focused on this one violation,

repeatedly stating that everything cou ld be resolved by having Ms. Council

no longer be associated with East Atlantic Prep. The problem is he executed a

sworn statement to that effect already, and did not abide by that statement.

Under these circumstances, the undersigned has no confidence tha t

Mr. Council would abide by that restriction going forward.

7 It does not matter whether her name was Jennifer Jacobs or Jennifer Council at the time of

the offenses, or whether her name is officially ÑregisteredÒ anywhere as Jennifer Jacobs

Council. It was clearly established at hearing that they are one and the same person, and

that person referred to in this Recommended Order as Jennifer Jacobs Council committed

the felonies reflected in the arrest records , and that person was working at East Atlantic

Prep .

7 9 . Petitioner has demonstrated by a preponderance of the evidence that

Respondent has violated section 1002.421(3)(a) ( failing to comply with

provisions of section 1002.421 ) , based on the failu re to comply with

background screening requirements and continuing to employ someone who

is ineligible to work at a private school as alleged in Count 4 . It is further

concluded that Petitioner has demonstrated by a preponderance of the

evidence that Respo ndent violated section 1002.421(3)(e), based on

fraudulent activity, i.e., by creating fraudulent documents in order to obtain

scholarship funding as alleged in Count 2 , and by submitting an application

for Malil i a Fleese that included the false statement (among others) that her

parent was not an owner/operator of East Atlantic Prep as alleged in Count 1 .

80 . Petitioner has demonstrated a factual and legal basis for the

immediate suspension and revocation of RespondentÔs eligibility to receive

scholarship funds.

8 1 . The Administrative Complaint in this case also directed Respondent to

return scholarship funds fraudulently obtained, in the total amount of

$1,821,268.38. PetitionerÔs Proposed Recommended Order does not include

the return of these funds as a sanction, and with good reason, because section

1002.421 does not appear to authorize mandating the return of scholarship

funds, and Petitioner has not cited to any other statutory authority for this

sanction. 8 Even if section 1002.421 authorized the retu rn, the only funds that

could be subject to such a requirement are those that Petitioner actually

proved were improperly obtained, which in this case would be the scholarship

funds for Malilia Fleese and Dustin Lapine. While there was testimony about

a pos sible pattern of action by Respondent to apply for funds in a manner not

authorized by statute, those incidents were not alleged in the Administrative

8 Section 1002.421 (3) (d)1. allows the Commissioner to consider whether a private school has

reimbursed the Department or scho larship - funding organization for funds improperly

received or retained by the school, in those case s where the Commissioner is seeking to

permanently deny or revoke a private schoolÔs authority to operate. The Commissioner is not

seeking to do that here.

Complaint and , thus , cannot be a basis for agency action. Trevisani v. DepÔt of

Health , 908 So. 2d 1108, 1109 (Fla. 1 st DCA 2005).

R ECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

R ECOMMENDED that the Commissioner enter a Final Order finding that

Respondent, East Atlantic Prep, violated section 1002.421(3), upholding the

immediate suspension of scholarship funds, and revoking the eligibility to

receive scholarship funds going forward.

D ONE A ND E NTERED this 19th day of August , 2022 , in Tallahassee, Leon

County, Florida.

S

L ISA S HEARER N EL SON

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 19th day of August , 2022 .

C OPIES F URNISHED :

Jason Douglas Bornt reger, Esquire Paula Harrigan, Esquire

(eServed) (eServed)

Ovide Val, Esquire Chris Emerson, Agency Clerk

(eServed) (eServed)

James Richmond, Acting General Counsel Manny Diaz, Jr., Commissioner

(eServed) (eServed)

N OTICE OF R IGHT T O S UBMIT E X CEPTIONS

All parties have the right to submit written exceptions within 1 0 days from

the date of this Recommended Order. Any exceptions to this Recommended

Order should be filed with the agency that will issue the Final Order in this

case.