Statement from City Manager Mike Herr
There have been many questions raised since the events of Sunday, May 18th, surrounding the tragic murder of an 81 year-old man at 2226 Blue Bird Avenue in the Wind Meadows subdivision. Polk County Sheriff’s Office homicide detectives arrested the deceased’s roommate for the murder shortly after the discovery of the body. This communication is intended to provide factual information to the public, and additional contacts and resources for future inquiries.
It is important from the outset to draw the distinction between the terms “Group Home” and “Adult Family Care Home”, and how those terms are defined both by the State of Florida, and locally here in Bartow. Under Florida law, the term “Group Home” is used in a generic sense and can be used as a term to describe a variety of residential settings. Those could include homes for children (governed by DCF — Department of Children and Families), homes specifically for disabled persons (governed by ADP — Agency for Persons with Disabilities), and residences for the elderly (governed by AHCA — Agency for Health Care Administration). In the City of Bartow, the term “Group Home” is something of a catch-all term that is defined under the larger heading of “Special Needs Facilities”, and is further defined as, “…a residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents.” Such facilities in Bartow can house as few as 4 residents, but no more than 15. In the City of Bartow, a “Group Home” must obtain a Special Exception Use Permit from the City in order to legally operate. This process includes a requirement for the conducting of a public hearing on the matter.
By contrast, the term “Adult Family Care Home” is a term that is defined by Florida Statute §429.65. As part of the Adult Family Care Home Act of 1985, this term is defined as, “…a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives.” These types of facilities are regulated by the Agency for Health Care Administration (AHCA), and that agency is ultimately responsible for the periodic review, licensing, and ultimately oversight of such facilities. In the City of Bartow, no Special Exception Use Permit is needed for an Adult Family Care Home, as these are considered permitted uses in all residential districts.
There are two properties in the Wind Meadows neighborhood that are relevant to this recent event. The first is 2233 Blue Bird Avenue. This home is owned by Eddrena L. Thornton, and has been since 2015. Ms. Thornton is the principal member of the ET Home Care, LLC, and she holds a proper license through AHCA to operate as an Adult Family Care Home. Both the LLC and the license date back to 2020. It appears that Ms. Thornton’s use of the home at 2233 Blue Bird Ave is a properly licensed Adult Family Care Home, a permitted use under the City’s Code, and was not required to receive a Special Exception Use Permit from the City.
The second property is the home at 2226 Blue Bird Avenue. This home is across the street and slightly south of Ms. Thornton’s home at 2233. This home is owned by a real estate investment company based in Texas, and has been since 2019. It was rented to Ms. Thornton and another person, with no disclosure to the landlord that the home would be used to house additional residents through Ms. Thornton’s business, etc. Based on the Sheriff’s investigation so far, this home was also being operated as a “Group Home” by Ms. Thornton through the ET Home Care, LLC entity. It is important to note that this home has not gone through any City approval process to be properly used as a “Group Home” and it is not properly licensed with the State at all. These appear to be clear violations of both local and state laws related to this use. This location is where the unfortunate murder occurred. The landlord has started eviction proceedings against Ms. Thornton on the basis of several violations of her lease for this location.
The Polk County Sheriff’s Office continues to lead the investigation into the murder itself. The City has undertaken a code enforcement investigation to determine what, if any, local violations have occurred so they can be properly cited (particularly on 2226 Blue Bird). The City has had excellent communication with the Texas company that owns 2226 Blue Bird and is closely following the eviction process. The Bartow Chief of Police has been in touch with representatives of the Wind Meadows HOA to strengthen communication and a team approach to addressing safety concerns in the neighborhood. City staff and the police department will also cooperate as needed with any state-level investigations that might be occurring through AHCA or any other licensing organizations.
Citizens with other specific questions or concerns about the Adult Family Care Home should contact the AHCA. Additional information can be found on the AHCA website by following this link. Complaints or concerns can be directed to 888-419-3456.
For further information from the City of Bartow, please contact the following:
• Tray Towles, Director of Codes Compliance/Neighborhood Services – [email protected]
• Bob Wiegers, Director of Planning – [email protected]
• Mike Herr, City Manager – [email protected]
