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Dennis E Berger
Dennis E Berger
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Bar #313394(FL)     License for 44 years; Member in Good Standing
North Miami Beach FL

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3D07-2064  Brown v. Ryan  (2007)
District Court of Appeal of Florida Filed: Aug. 17, 2007 Citations: 962 So. 2d 913
962 So. 2d 913 (2007) BROWN v. RYAN. No. 3D07-2064. District Court of Appeal of Florida, Third District. August 17, 2007. Decision without published opinion. Hab.Corp. denied.
86-001106  MARGARET STAGGERS, D/B/A MARGARET STAGGERS LODGE vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1986)
Division of Administrative Hearings, Florida Latest Update: Jul. 23, 1987
Whether or not Petitioner, Margaret Staggers, is eligible for an initial license to operate an Adult Congregate Living Facility (ACLF).Pet. denied license to operate an Adult Congregate Living Facility. Pet. not suitable character to operate an ACLF due to charges of adult abuse.
86-000932  ANGELL CARE OF NORTH MIAMI, INC., D/B/A MEADOWBROOK MANOR OF NORTH MIAMI vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1986)
Division of Administrative Hearings, Florida Latest Update: Feb. 23, 1987
The issue in this matter is whether the superior nursing home license which Meadowbrook Manor had received should be replaced with a standard license? Meadowbrook Manor contests deficiencies cited during a survey of the facility by the Department of Health and Rehabilitative Services, Office of Licensure and Certification. The facility contends that the deficiencies were not cited according to standard departmental procedures, were cited for circumstances which are not violations of statutes or rules, or should have been waived by the Department, and that it is entitled to a superior license.Recommended continuation of nursing home's superior rating resulting in retention of current license.
86-001531  D AND L PROPERTIES, LTD., D/B/A COUNTY ESTATES RETIREMENT HOME vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1986)
Division of Administrative Hearings, Florida Latest Update: Oct. 29, 1986
The issue is whether the Respondent has violated Section 400.419, Florida Statutes (1985), and five rules of the Department of Health and Rehabilitative Services adopting standards for the operation of adult congregate living facilities by failing to correct violations after receiving notice of what the Department considered to be violations of applicable rules discovered during an inspection conducted in May 1985. The conduct alleged in paragraph 3 of the Administrative Complaint as rendering the facility subject to discipline and the rules violated are: Failure to show evidence of maintaining time sheets for employees, in violation of Rule 10A-5.24(1)(a)7., Florida Administrative Code. Failure to have written plans complying with the maintenance and housekeeping standards established in Rule 10A-5.22(1), Florida Administrative Code, in violation of Rule 10A-5.22(2), Florida Administrative Code. Failure to provide electrically powered smoke detectors interconnected to the fire alarm system in violation of Section 400.419, Florida Statutes and Section 17-3.4.1 of the 1981 Life Safety Code. Failure to separate the kitchen from the rest of the facility with a material having a one hour fire rating, in violation of Rule 4A-40.10, Florida Administrative Code, and Failure to provide self closing doors between residents' rooms and corridors, in violation of Rule 4A-40.10, Florida Administrative Code.HRS failed to establish that Respondent is guilty of violations alleged from an earlier inspection of Respondent's Adult Congregate Living Facility. HRS' complaint should be dismissed.
86-001530  DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES vs. SYLVIA BECKFORD, D/B/A MT. ZION RETIREMENT HOME  (1986)
Division of Administrative Hearings, Florida Latest Update: Sep. 09, 1986
Petitioner, Department of Health and Rehabilitative Services (Department) seeks to impose a civil penalty upon Respondent, Sylvia Beckford, d/b/a Mt. Zion Retirement Home, Inc., for failure to correct certain deficiencies at an adult congregate living facility. At hearing, the Department called James Valinoti and Martha Perez as witnesses. The Department offered exhibits 1-5, and they were received into evidence. Respondent testified on her own behalf, and called Kenneth W. Lowther as a witness. Respondent offered exhibits 1-3, and exhibits 2-3 were received into evidence. The parties' proposed findings of fact and conclusions of law were due by August 29, 1986. No proposed findings have been filed on behalf of either party.Agency failed to prove that individual respondent was licensee and therefore failed to show that it had any jurisdiction to discipline her.
86-000578  ANGELL CARE OF HIALEAH, INC., D/B/A HIALEAH CONVALESCENT HOME vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1986)
Division of Administrative Hearings, Florida Latest Update: Aug. 26, 1986
Petitioner, Angell Care of Hialeah, Inc., d/b/a Hialeah Convalescent Home (Hialeah), contests the decision of the Department of Health and Rehabilitative Services (Department) to downgrade its license from standard to conditional and contends it is entitled to a superior license. At hearing Hialeah called, as witnesses: Stephen Biondi, Diane Reiland, Howard Chastain (by deposition), Amy Jones (by deposition), Madeline Saivin, Sevilio Gomez, and Catherine Saretsky. Hialeah offered exhibits 1-5, 7, 9, 16, and 18-22, and they were received into evidence. The Department called, as witnesses: Diane Reiland, Martha Perez, Edith Elias, and Richard Pollack, but offered no exhibits.Nursing home license downgraded from Standard to Conditional based on deficiencies disclosed upon inspection.

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