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Bradley Stephen Butler Jr.
Bradley Stephen Butler Jr.
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Bar #106294(FL)     License for 12 years; Member in Good Standing
Tallahassee FL

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19-004056  AGENCY FOR HEALTH CARE ADMINISTRATION vs LIFE CARE CENTER OF PUNTA GORDA  (2019)
Division of Administrative Hearings, Florida Filed: Jul. 31, 2019
Whether Life Care Center of Punta Gorda (Respondent), timely submitted its monthly nursing home quality assessment fee for February 2019; and, if not, whether a fine should be imposed for each day that the payment was delinquent.ACHA proved by clear and convincing evidence that Respondent's February 2019 quality assessment payment was not timely paid, and that $11,500 is the appropriate fine resulting from the untimely payment.
19-002278  ALEXANDER DEARMAS vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2019)
Division of Administrative Hearings, Florida Filed: Apr. 30, 2019
Whether Petitioner, Alexander DeArmas ("Petitioner") can establish, by a preponderance of the evidence, that at least three years have elapsed since he has been lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felonies pursuant to section 435.07(a)(1)1., Florida Statutes, such that he is eligible for an exemption from disqualification.Petitioner is ineligible for an exemption because three years have not elapsed since he was lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felonies.
17-005904MPI  AGENCY FOR HEALTH CARE ADMINISTRATION vs FERNANDO V. DE LA CRUZ  (2017)
Division of Administrative Hearings, Florida Filed: Oct. 27, 2017
Pursuant to section 409.913(15), (16), and (17), Florida Statutes; Florida Administrative Code rule 59G-9.070; and the Final Audit Report issued on November 17, 2015 (FAR), the issues are whether Petitioner overpaid Medicaid reimbursements to Respondent during the audit period of January 1, 2011, through February 28, 2014 (Audit Period), and, if so, the amount of the total overpayments; whether Petitioner may impose a fine against Respondent and, if so, the amount of the fine; and whether Petitioner may recover costs from Respondent and, if so, the amount of the costs.Pet. proved overpayments of Medicaid claims for 35 patients during audit period & may extend this total to all claims during audit period. Pet may impose fine of lesser of $100 per violation re 35 patients or 5% of extended overpayment.
17-002201  TOWN OF HILLSBORO BEACH vs CITY OF BOCA RATON AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2017)
Division of Administrative Hearings, Florida Filed: Apr. 11, 2017
The issue to be decided in this case is whether the City of Boca Raton (“City”) is entitled to the requested modification of its Joint Coastal Permit.The City proved its entitlement to the proposed modification of its joint coastal permit. The Department did not adopt the Strategic Beach Management Plan as a rule and, therefore, cannot require the modification to be consistent with the plan.
21-001350F  AGENCY FOR HEALTH CARE ADMINISTRATION vs ABELLA YOSE CARE SERVICES, INC.  (2021)
Division of Administrative Hearings, Florida Filed: Apr. 20, 2021
The issue for determination in this matter is the amount of costs, pursuant to section 409.913(23), Florida Statutes (2020), to be awarded to the Agency, the prevailing party in Case No. 20-2884MPI.As having prevailed in the underlying matter, the Agency is entitled to $17,715.11 as reasonable fees and costs associated with DOAH Case No. 20-2884MPI.
21-001789RU  POSITIVE BEHAVIOR SUPPORT vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2021)
Division of Administrative Hearings, Florida Filed: Jun. 04, 2021
At issue is whether Petitioner has met the pleading requirements in section 120.56(4), Florida Statutes (2020),1 to allege "agency statements" that meet the definition of a "rule."Pet.’s challenge to problems with new EVV system are not to “agency statements”--to AHCA’s positions intended to apply as law. Instead, Pet. alleged AHCA believes past system problems are fixed.

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