STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

. - r r -. ' ::""-

J

N •• r

DCA No. 2D14-644 DOAH Nos. 13-2011

13-2397

vs.

PINE TREE MANOR, INC., d/b/a PINE TREE MANOR,

Respondent.

                                                                              I

AHCA No. 2013002572

2013004620

License No. 8317

File No. 11942985

Provider Type: Assisted Living Facility

RENDITION NO.: AHCA- t4 - 0 8 3 -S-OLC

AMENDED FINAL ORDER

Having reviewed the Administrative Complaints, Recommended Order, Final Order, Settlement Agreement, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:

1. The Agency issued the Respondent the attached Administrative Complaints and Election of Rights forms. (Ex. 1) The Election of Rights forms advised the Respondent of the right to an administrative hearing pursuant to Sections 120.57(1) and 120.57(2), Florida Statutes.

   
   

2. The Respondent filed petitions for formal hearing and the matters were forwarded to the Division of Administrative Hearings. After the conclusion of the hearing, the Administrative Law Judge issued a Recommended Order finding and recommending that: (a) the Respondent committed a class II violation and the Agency should assess an administrative fine of $5,000.00 and a survey fee of $500.00,

   (b) the Respondent committed a class I violation and the Agency should assess an administrative fine of

   $8,000.00, and (c) the Agency should suspend the Respondent's license for a period of 60 days with a 30-day grace period for the orderly transition of the assisted living facility residents. (Ex. 2)

   
   

3. The Agency timely filed Exceptions to the Recommended Order contesting the penalty of license suspension rather than license revocation. Thereafter, the Agency issued a Final Order revoking the Respondent's license to operate this assisted living facility. (Ex. 3)

   
   

4. The Respondent timely filed a Notice of Appeal to the District Court of Appeal. During the pendency of the appeal, the parties entered into a Settlement Agreement allowing for a change of ownership of the assisted living facility and imposing other terms and conditions upon the Respondent and its owner. (Ex. 4).

   
   

   IT IS THEREFORE ORDERED:

   
   

5. The Final Order filed on February 5, 2014, is amended to reflect that the Respondent' s license is no longer revoked so that it may be the subject of a change of ownership application filed by

   
   

   1

   
   

   Filed November 3, 2014 4:24 PM Division of Administrative Hearings

   Heather Haven III, Inc. The imposition of the $5,000.00 and $8,000.00 administrative fines and the

   $500.00 survey fee against the Respondent remain in effect.

   
   

6. The agreed upon restrictions set forth in the Settlement Agreement as to the Respondent and the Respondent's owner are imposed. The Central Systems Bureau shall maintain an alert in its system in order to enforce these restrictions.

ORDERED in Tallahassee, Florida on this cilf/ day of                                      , 2014.

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

6L ,

I HEREBY CERTIFY that a true and correct cop this Final        een furnished by the method designated to the persons named below on this 22..     of 2014.

Richard J. Shoop, Agency C

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

Telephone: (850) 412-3630

2

3

Docket for Case No: 13-002011

Orders for Case No: 13-002011