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Elder-Abuse Case Draws Fire From State Agency

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By KAREN BRANCH-BRIOSO, The Tampa Tribune

Published: November 9, 2007

TAMPA - The Florida Agency for Health Care Administration has revoked the license of a Hillsborough County adult family care home and fined its operator, Daphne Jones, $20,000 after an agency investigation of allegations that she moved residents from her sprawling riverfront home to a cramped boarding home in West Tampa.

AHCA's order said it found that Jones stopped operating the facility from her home and failed to notify the agency and give up her license, provoking a $10,000 fine. It imposed another $10,000 fine for failing to make her facility's records available for inspection.

The agency tried to access the records in August after police found 19 people living in crowded, stifling conditions at a boarding home Jones ran at 2347 W. Beach St. in Tampa. Some of the residents had been relocated from Jones' adult family care home at 5608 Puritan Road.

Jones is awaiting trial on 18 counts of adult abuse of the boarding home residents. She has pleaded not guilty.

Her attorney, Darryl Rouson, said: "We cannot respond to these matters right now but intend to fully defend Ms. Jones as information becomes available. Ms. Jones is a very loving and concerned caretaker who never intended to skirt any rules or harm anyone's loved one."

AHCA employees tried to gain access to Jones' facility three times after police found the residents in her boarding home on Aug. 9. They went in on Aug. 14, 19 and 20.

At one point, AHCA documents said, an employee reached Jones by phone and she "indicated that she had no intention of allowing a visit to take place and refused to provide by facsimile transmission a copy of her admission and discharge register."

AHCA's complaint against Jones alleged she violated state law by not surrendering her adult family care home license once the residents were moved.

AHCA issued its order revoking Jones' license and issuing fines on Oct. 9. The fines were due 30 days later. Jones has not paid them, AHCA spokeswoman Shelisha Durden said Thursday.

Jones' boarding home was licensed by the state Department of Business and Professional Regulation. Despite problems there, Jones' state rooming house license is still active through February, but she is not operating the home.

DBPR inspectors visited the facility after police moved in and found the residents living four, five and six to a room - a violation of fire codes. They cited her for not displaying her license in the lobby.

"We wouldn't do a follow-up based on that...but we would expect that to be corrected by the next visit," said DBPR spokeswoman Alexis Antonacci, who added that the agency doesn't oversee the types of issues that prompted police to charge Jones with adult abuse.

"What happened there isn't something we would necessarily have jurisdiction over. If we see problems...we inform the local authorities."

Reporter Karen Branch-Brioso can be reached at (813) 259-7815 or kbranch-brioso@ tampatrib.com.

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