STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

XL-CARE AGENCY, INC. OF COLLIER, ZOil AUG 31 , . 9: 36

Petitio ner,

V.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                                 I

FINAL ORDER

DOAH No. 12-814

AHCA NO. 2012000478

RENDITION NO. : AHCA-12-C>fu:4 -5-OLC

Having reviewed the Notice of Intent to Deny, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:

1. The Agency has jurisdiction over the above-named Petitioner pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

   
   

2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Petitioner. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing.

   
   

3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:

4. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.

   
   

5. If the Agency has not already completed its review of the application, it shall resume its review of the application. In lieu of license denial, the Petitioner shall pay the Agency an administrative fee of $10,000.00 within 30 days of the entry of this Final Order. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the "Agency for Health Care Administration" containing the AHCA number(s) should be sent to:

Office of Finance and Accounting Revenue Management Unit

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 14

Tallahassee, Florida 32308

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Filed September 6, 2012 11:18 AM Division of Administrative Hearings

ORDERED at Tallahassee, Florida, on this day of_Au_+. 1 ' 2012.

ary Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct_ of this Final rder was served on the below-named persons by the method designated on this,3'/+cfay of              += =-- ---' 2012.

Richard Shoop, Agency Cler

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

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Docket for Case No: 12-000814

Orders for Case No: 12-000814