02/14/2018 10:21 8504142125 PAGE DOEA STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS DEPARTMENT OF ELDER AFFAIRS, OFFICE OF PUBLIC AND PROFESSIONAL GUARDIANS Petitioner, OPPG Case No.: 2016.003 v. DOAH Case No.: ELIZABETH SElDEN SAVITT Respondent. ADMINISTRATIVE COMPLAINT. The Department of Elder Affairs, through the Office of Public and Professional Guardians 0 ( Petitioner") files this Adminisl:ratlve Complaint ("Complaint") against Eli~abeth Selden Savitt ("Respondent"), and alleges the following: 1. Petitioner is chargunty Case 2010GA000556, a "Petition for Discharge of Guardian Advocate and Appointment of Succ,!ssor Guardian Advocate; Request to Transfer Matter to the Honorable Circuit Judge Charles Burton" was med by Attorney Hazeltine without an "Order of Recusal" entered by Judge Colin. 19. Palm Beach CounN Case 2010GA000556 was not formally transferred to Judge Burton; Judge Colin was still assigned to the case. 20. The lack of a forma, transfer of Palm Beach County Case 2010GA000556 was procedurally improper, per the Clerk JG, and bypassed the random reassignment of the case to another division by the Clerk. 21. Sherri Norton, a Flt:rida state courts employee and Judicial Assistant to Judge Colin, acted as either a notary public or person<> I reference for Respondent on at least six occasions. 22. Sherri Norton was included In an e-mail, along with Judge Colin, from Clerk Courtroom Administrator II, in the South County Courthouse, stating "SOUTH COUNTY IS ALL CLEAR... (except ETG with Judge Gillen div FZ)." This e.. mail was In reference to Palm Beach Case Number 2014GA000630, 05/23 02/14/2018 10:21 8504142125 DOEA PAGE wherein Respondent was ultimate y appointed as a professional guardian by Judge Jeffrey Gillen (Judge Gillen). 23. There Is no indintion any parties involved in the proceeding, or their respective attorneys, requested Respondent':; appointment. 24. In Palm 13each Cue Number ::Z009GA0000283 Respondent, as co-guardian, entered into an agreed order indicating the "co· guardians agree that they will serve without compensation". 25. submitted Respondent, in vk,fation of the agreed order identified in paragraph 25, subsequently a "Petition for Order A~rthorizing Payment of Compensation and Expenses of Co-Guardian" In Palm Beach Case Number 2009GA000028. 26. In response to the petition referenced in paragraph 27, Respondent received compensation In the amount of $9113.84. 27. Respondent receivr~d at least $190,000.00 in guardianship fees in at least 13 cases in Palm Beach County through January ::!4, .!017. 28. Respondent impmperly requested retainers, advancements, or "in trust" fees, to be paid by the wards for whom Responde 1t served as a professional guardian, for services that had not been performed as of the date of said requests. 29. Respondent continr.Jes to act as a guardian or guardian advocate In Palm Beach County on cases where statutory violations were at one time committed that should have resulted in her disqualification or removal from se:ving as such. COUNT I- VIOLATION OF SECTION 744.309(3) 30. Petitioner re-alleg" s and incorporates by reference paragraphs 1 through 29 of this Complaint as though they are fully ~;.et forth herein. 'Attorney Hazeltine was the attorney c:f record for Respondent, and Judge Colin executed an order for Respondent. 05/23 02/14/2018 10:21 31. DOEA 8504142125 PAGE Section 744.309(31, Florida Statutes (2016), relates to persons disqualified from senting as a guardian, and provides that '' [t]he court may not appoint a guardian In any other circumstance in which a conflict of interest may ocr::ur." 32. Respondent, by virtue of her marriage to Judge Colin, had an inherent conflict of interest to the wards sented in cases wherE! Judge Colin also presided. 33. Respondent failed to adequately disclose this conflict of interest. 34. Respondent failed to move for Judge Colin to be recused from cases in whicl! she acted as a professional guardian. 35. By failing to take action to disclose, or otherwise resolve this conflict of interest, Respondent rendered herself ineli~;lble for appointment in cases where Judge Colin was a presiding judge. 36. Respondent, howE,ver, remained appointed as a guardian on cases she was statutorily disqualified from handling, which, Ilased on the foregoing, was in violation of Section 744,309(3), Florida Statutes (2016). COU I'IIT 11- VIOLATION OF SECTION 744.446 37. Petitioner re-alleg,,~s and incorporates by reference paragraphs 1 through 29 of this Complaint as though they are fully ;et forth herein. 38. Section 744.446, Florida Statutes (2016), prohibits guardians with a conflict of interest from benefiting from any such comllict, unless approved by the Court beforehand, and provides that "[i)t is essential to the proper conduct'' nd management of a guardianship that the guardian be independent and impartial." 39. Respondent, by virlue of her marriage to Judge Colin, had an inherent conflict of interest to the wards she senticed as clients in cases where Judge Colin also presided. 40. Respondent failed to adequately disclose this conflict of intFJre5t. 07/23 02/14/2018 DOEA 8504142125 10:21 41. PAGE Respondent failed to move for Judge Colin to be recused from cases in which she acted as a professional guardian. 42. Respondent, how1•ver, remained appointed as a guardian on cases she was statutorily disqualified from handling, and rec eived compensation for these cases. Based on the foret:oing, Respondent's actions are in violation of Section 744.446, Florida 43. Statutes (2016). C(:•UNT Ill - VIOLA110N OF SECTION 744.361(3) Petitioner re.,..Jiegr!S and incorporates by reference paragraphs l through 29 of this 44. Complaint as though they are fully ;et forth herein. 45. Section 744.361(3), Florida Statutes (2016), provides that a guardian shall act in good 46. Respondent violatt•d the duty to act in good faith, codified In Section 744.631(3), Florida faith. Statutes, (2016), in the following W•~vs: a. Failing to disclose t ~e conflict of interest inherent In her relationship to Judge Colin; b. Obtaining guardial'lshlp appointments through procedures not customarily utilized in Palm Beach Countv when assigning guardianship matters; c. Failing to request n!cusal of Judge Colin; d. Continuing to receive appointments in Palm Beach County despite any prior failures to disclose the conflicl of interest inherent In her relationship to Judge Colin; e. Violating an order c;.f the court; f. Improperly requesting retainers, advancements, or "in trust" fees for services that had not bE!en performed as of the date of said requests; or g.. Continuing to servr: as guardian or guardian advocate in Palm Beach County on cases wherein statutes pe,rtaining to her suitability to receive such appointments were violated. 08/23 02/14/2018 DOEA 8504142125 10:21 PAGE Based on the for<~:golng, Respondent knew, or should have known, the actions listed 47. above were not in compliance with her duties as a professional guardian, and were, therefore, performed in bad faith and in violation of Sect,on 744.631(3), Florida Statutes (2016). CCIUNT IV- VIOLATION OF SECTION 744.361(4) Petitioner re·allegr~s and incorporates by reference paragraphs 1 through 29 of this 48. Complaint as though they ar!! fully !et forth herein. 49. Section 744.361(4), Florida Statutes {2016), provides that a guardian may not act In a manner that is contrary to the ward's best interests under the circumstances. 50. Respondent vlolatmd the prohibition against acting in a manner contrary to her wards' best interests under the drcumstilnces, codified in Section 744.631(4), Florida Statutes, (2016), in the following ways: a. Failing to disclose t ''le conflict of interest inherent in her relationship to Judge Colin; b. Obtaining guardlar:ship appointments through procedures not customarily utilized In Palm Beach Count)' when assigning guardianship matters; c. Failing to request Mcusal of Judge Colin; d. Continuing to receive appointments in Palm Beach County despite any prior failures to disclose the conflict of interest inherent in her relationship to Judge Colin; e. Violating an order c:f the court; f. Improperly requesting retainers, advancements, or "in trust" fees for services that had not been performed as of the date of said requests; or g. Continuing to servj': as guardian or guardian advocate in Palm Beach County on cases wherein statutes pE:rtalning to her suitability to receive such appointments were violated. 09/23 02/14/2018 DOEA 8504142125 10:21 51. PAGE Based on the foregoing, Respondent knew, or should have known, the actions listed above were not in compliance witll her duties as a professional guardian, and were, therefore, contrary to the best interests ofthe wards in her care, in violation of Section 744.631(3), Florida Statutes (2016). COUNT V- VIOlATION OF SECTION 744.474(3) 52. Petitioner re-allegM and incorporates by reference paragraphs ·1 through 29 of this Complaint as though they are fully set forth herein. Section 744.474(3), Florida Statutes (2016). provides that a guardian is subject to removal 53. from a case, in addition to any oth~· r penalties prescribed by law, if the guardian abuses his or her powers. Respondent vioiat•i!d the prohibition against abusing her powers as a guardian, codified 54. in Section 744.474(3), Florida Statlltes, (2016), in the following ways: a. Obtaining guardia 11ship appointments through procedures not customarily utilized in Palm Beach Count!1'when assigning guardianship matters; b. Continuing to rece ilte appointments in Palm Beach County despite any prior failures to disclose the conflict of interest Inherent in her relationship to Judge Colin; c. Violating an order of the court; d. Improperly requesl:ing retainers, advancements, or "in trust" fees for services that had not been performed as of the date of said requests; or e. Continuing to serv1! as guardian or guardian advocate in Palm Beach County on cases wherein statutes Pj':rtalnlng to her suitability to receive such appointments were violated. 55. Based on the foreuoing, Respondent knew, or should have known, the actions listed above were beyond the scope of her role as a professional guardian, and were, therefore, an abuse of power in violation of Section 744.4~''4(3), Florida Statutes (2016). 10/23 02/14/2018 10:21 8504142125 DOEA PAGE C(:UNT VI- VIOLATION OF SI!CTION 744.108(1) 56. Petitioner re·allefiNS and incorporates by reference paragraphs 1 through 3, and 27 through 28, of this Complaint as th•,ugh they are fully set forth herein. S7. Section 744.108(1). Florida Statutes (2016), provides "[a] guardian ..• who has rendered services to the ward or to the gua1·dian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for C·)Sts incurred on behalf of the ward." (emphasis added). 58. Respondent securf·d retainers or advance fees totaling at least $21,500 for guardianship services in at least these seven gua1dianship cases in Palm Beach County: 2012GA00016; 2013GA000052; 2013GA000262; 2014GA000047; 21l14GA000369; 2014GA000472; 2014GA000327. 59. .Based on the for;:~golng, Respondent failed to comply with section 744.108, Florida Statutes (2016), by requesting and receiving these fees without first obtaining prior approval. COUNT VII- VIOLATION OF SECTION 744.474(5) 60. Petitioner re·allegr!s and incorporates by reference paragraphs 1 through 3, and 24 through 26 of this Complaint as th(: ugh they are fully set forth herein. 61. Section 744.474(5}, Florida Statues (2016) provides that the failure to comply with any order of the court is a basis for thr•! removal of a guardian, and renders a guardian In violation of these subsections subject to any other p1: nalties prescribed by law. 62. In the guardianship case referenced in paragraph 25, herein, Respondent failed to comply with an agreed order expressly stating she would not seek payment for guardianship services. 63. , Therefore, Respondent's submission of a petition for payment violates Section 744.474(5) (2016), as her actions were in vlola'llon of an order entered by the court COUNT VIII -VIOLATION OF SECTION 744.474(7) 64. Petitioner re-alleg;•,s and incorporates by reference paragraphs 1 through 3, and 24 through 26 of this Complaint as tho· ugh they are fully set forth herein. 11/23 02/14/2018 10:21 65. 8504142125 PAGE DOEA Section 744.474(71, Florida Statutes (2016) provides that the wasting, embezzlement, or mismanagement ofthe ward's prc1perty is a basis fur the removal of a guardian, and renders a guardian in violation of these subsections subject to any other penalties prescribed by law. 66. In the guardianship case referenced in paragraph 24, Respondent failed to comply with an agreed order expressly stating !:he would not seek payment for guardianship services. 67. Respondent had p -eviously advised the court regarding the ward's lack of assets, citing the fact that the ward's only incorr1e totaled $1,109.00 per month from Social Security benefits. 68. Respondent violated a court order, to which she agreed, and resulted in a mismanagement of funds for a wa11d for whom she served. 69. Based on the forEJgolng, Respondent's submission of a petition fur payment violates Section 744.474(7) {2016), as her a :tions constituted a waste oft he ward's funds. COIJNT IX- VIOLATION OF SECTION 744.474(16) 70. Petitioner re~allegr!s and incorporates by reference paragraphs 1 through 3, and 24 throuf!h 26 of this Complaint as th<: ugh they are fully set forth herein. 71. Section 744.474(1[,), Florida Statutes (2016) provides that the improper management of the ward's assets is a basis for thE1 removal of a guardian, and renders a guardian in violation of these subsections subject to any other pEl nalties prescribed by law. 72. In the guardianship case referenced in paragraph 2S, herein, Respond!!nt failed to comply with an agreed order expressly stating she would not seek payment for guardianship services. 73. Respondent had p1·ev1ously advised the court regarding the ward's lack of assets, citing the fact that the ward's only lncomr! totaled $1,109.00 per month from Social Security benefits. 74. Respondent violated a court order, to which she agreed, and resulted in a mismanagement of assets for a ward for whom she served. 12/23 02/14/2018 10:21 75. 8504142125 PAGE DOEA Based on the foregoing, Respcmdent's submission of a petition for payment violates Section 744.474(16) (2016), as her actions constituted a mismanagement of the ward's assets. WHEREFORE, Petitioner respectfully requests the entry of an order imposing one or more of the following penalties afforded by section 744.20041, Florida Statutes (2016) and Rule SBM-2.001, Florida Administrative Code (2017): suspension or pennanent revocation of Respondent's professional guardian registration; requirement that the professional guardian pay restitution of any funds obtained or disbursed through a violation of at~y statute or other legal authority; requirement that the professional guardian undergo remedial education; and/or any other relief deemed meet and just. Signed this f" U.. da·~ of T ~"' v "'r ~ , 2018. carol A. Berkowitz, M.A., Esq. Executive Director, Office of Public and Professional Guardians ~LltJ/Lfc~ Michael McKeon, Esq. Senior Attorney Office of Public and Professional Guardians Department of Elder Affairs 4040 Esplanade Way Tallahassee, FL 32399 Florida Bar No. 44620 (850) 414-2381 (Telephone) (850) 414-2384 (Fax) mckeonm@elderaftairs.org 13/23 02/14/2018 10:21 8504142125 DOEA PAGE CERTIFICATE OF SERVICE I C:ERnFV that a true and correct copy of this Administrative Complaint was served on Elizabeth Selden Savitt by certified mail to SOl N. Country Club Dr., Atlantis, FL 33462, on this 5th day of January, 2018. Michael McKeon Senior Attorney Office of Public and Professional Guardians Department of Elder Affairs (850) 414-2381 (Telephone) (850) 414-2384 (Fax) mckeonm@elderaffairs.org 14/23 02/14/2018 10:21 8504142125 DOEA PAGE NOTICE OF RIGHTS Respondent has the right to reque:;t a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be re ~resented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on her behalf if a hea 'ring is requested. A request or petition for an admini:;trative hearing must be submitted in writing, and must be received by the Department of Elder Affairs, Oi'rrce of Public and Professional Guardians within 21 days from the date Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respom: ent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respon,:lent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28"106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or allegations contained in the Administrative Complaint must cor, form to Rule 211-106.2015(5), Florida Administrative Code. Mediation under Section 120.57!!, Florida Statutes, Is not available to resolve this Administrative Complaint. 15/23