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CRISTAL PALACE RESORT PB, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION, 19-001667 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-001667 Visitors: 22
Petitioner: CRISTAL PALACE RESORT PB, LLC
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN D. C. NEWTON, II
Agency: Agency for Health Care Administration
Locations: Titusville, Florida
Filed: Mar. 28, 2019
Status: Closed
Recommended Order on Tuesday, March 17, 2020.

Latest Update: Mar. 17, 2020
Summary: Did Cristal commit deficient practices as cited in the Notice of Intent to Deny for Renewal Application justifying denial of its application for license renewal? May the Agency impose administrative fines and assess survey fees against Cristal for violations alleged in the Administrative Complaint that are proven? If so, what amount should the fines and fees be?Reliance on hearsay caused failure to prove many charges. ALF license non-renewal and fines b/c of repeated rule and statute violations.
More
201168_DK09_05072021_08352893_i.pdf

Docket for Case No: 19-001667
Issue Date Proceedings
May 10, 2021 Mandate filed.
Mar. 09, 2021 BY ORDER OF THE COURT: The oral argument in this case is scheduled as a remote access video argument via Zoom.
Mar. 09, 2021 Notice of Oral Argument filed.
Oct. 27, 2020 BY ORDER OF THE COURT: Appellee's Motion for Extension of Time to Serve Answer Brief is granted.
Jul. 06, 2020 BY ORDER OF THE COURT: Appelant's "Motion for Official Recognition" is denied.
Jul. 06, 2020 BY ORDER OF THE COURT: Appellant's Emergency Motion for Stay for 60 Days is denied.
Jul. 01, 2020 BY ORDER OF THE COURT: that Appellee shall file a Response to Appellant's Emergency Motion for Stay for 60 Days.
May 20, 2020 BY ORDER OF THE COURT: Appellant's Emergency Motion for Stay Pending Appeal is denied.
May 18, 2020 Agency for Health Care Administration Exceptions to Recommended Order filed.
May 18, 2020 Cristal Palace's Exceptions to the Recommended Order filed.
May 18, 2020 Agency Final Order filed.
May 18, 2020 BY ORDER OF THE COURT: that Appellant shall file an amended Notice of Appeal that contains a proper electronic signature.
May 15, 2020 BY ORDER OF THE COURT: Appellee shall file a response by 12:00 p.m. Tuesday, May 19, 2020, to Appellant's Emergency Motion to Stay.
May 15, 2020 Acknowledgment of New Case, Fifth DCA Case No. 5D20-1168 filed.
Mar. 17, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 17, 2020 Recommended Order (hearing held July 23 through 25, 2019, and September 11 and 12, 2019). CASE CLOSED.
Feb. 17, 2020 Notice of Cristal Palace's Filing of Redacted Identification Form filed.
Jan. 23, 2020 Notice of Filing (Attachment to Agency's Proposed Recommended Order) filed.
Nov. 04, 2019 Cristal Palace's Proposed Recommended Order filed.
Nov. 04, 2019 Agency's Proposed Recommended Order filed.
Oct. 04, 2019 Notice of Filing Transcript.
Oct. 04, 2019 Transcript of Proceedings (Volumes I-V; not available for viewing) filed.
Oct. 03, 2019 Ruling on Objection to Testimony of Lorienda Crawford.
Oct. 01, 2019 Agency's Response to Cristal Palace's Objection to Crawford Deposition filed.
Sep. 30, 2019 Notice of Crystal Palace's Filing Objections to Crawford Deposition filed.
Sep. 19, 2019 Post Hearing Order.
Sep. 11, 2019 CASE STATUS: Hearing Held.
Sep. 10, 2019 Notice of Filing (Affidavit of Lorienda Crawford) filed.
Sep. 04, 2019 Third Pre-hearing Order.
Sep. 04, 2019 Order Denying Cristal Palace's Motion to Begin Continued Final Hearing on September 10, 2019.
Sep. 04, 2019 CASE STATUS: Pre-Hearing Conference Held.
Sep. 04, 2019 Notice of Telephonic Status Conference (status conference set for September 4, 2019; 11:00 a.m.).
Sep. 04, 2019 CASE STATUS: Pre-Hearing Conference Held.
Aug. 12, 2019 Cristal Palace's Motion to Begin Continued Final Hearing on September 10, 2019 filed.
Aug. 06, 2019 Notice of Continued Hearing (hearing set for September 11 through 13, 2019; 9:30 a.m.; Titusville, FL).
Aug. 02, 2019 Agency's Response to Cristal Palace's Brief Statement on Deposition of Ms. Crawford filed.
Aug. 02, 2019 Cristal Palace's Brief Statement on Deposition of Ms. Crawford (filed in Case No. 19-002327).
Aug. 01, 2019 Notice of Availability of Parties (filed in Case No. 19-002327).
Jul. 23, 2019 CASE STATUS: Hearing Partially Held; continued to August 14, 2019; 09:00 a.m.; Titusville, FL.
Jul. 22, 2019 Notice of Cristal Palace's Filing Responses from AHCA Concerning Second Pre-hearing Order (filed in Case No. 19-002327).
Jul. 18, 2019 Second Pre-hearing Order.
Jul. 18, 2019 Order Denying Petitioner's Motion in Limine.
Jul. 18, 2019 Order Denying Motion for Summary Recommended Order or to Dismiss Notice of Intent.
Jul. 18, 2019 Notice of Telephonic Status Conference (status conference set for July 18, 2019; 2:00 p.m.).
Jul. 18, 2019 CASE STATUS: Pre-Hearing Conference Held.
Jul. 17, 2019 Notice of Service of Agency's Response to Cristal Palace's Second Request for Production of Documents filed.
Jul. 17, 2019 Notice of Filing (Petitioner's Agency's Privilege Log) filed.
Jul. 17, 2019 Agency's Motion to Strike Cristal Palace's Supplement to Motion for Summary Recommended Order or to Dismiss the Notice of Intent to Deny Renewal License filed.
Jul. 17, 2019 Agency's Response to Cristal's Motion in Limine filed.
Jul. 17, 2019 Amended Witness List and Exhibit List filed.
Jul. 16, 2019 Joint Pre-Hearing Stipulation filed.
Jul. 16, 2019 Petitioner's Witness List and Exhibit List filed.
Jul. 15, 2019 Annotated Administrative Complaint filed.
Jul. 15, 2019 Notice of Filing (Petitioner's Annotated Administrative Complaint) filed.
Jul. 15, 2019 Cristal Palace's Supplement to Motion for Summary Recommended Order or to Dismiss the Notice of Intent to Deny Renewal License filed.
Jul. 12, 2019 Cristal Palace's Motion in Limine filed.
Jul. 10, 2019 Pre-hearing Order.
Jul. 09, 2019 CASE STATUS: Pre-Hearing Conference Held.
Jul. 08, 2019 Agency's Response to Cristal's Motion for Summary Recommended Order or to Dismiss the Notice of Intent to Deny Renewal Licensure filed.
Jul. 05, 2019 Amended Notice of Taking Depositions filed.
Jul. 03, 2019 Notice of Taking Depositions (Williams, Stanley and Pellot) (filed in Case No. 19-002327).
Jul. 03, 2019 Notice of Taking Deposition in Lieu of Live Testimony for Agency's Surveyor, Lorienda Crawford filed.
Jul. 02, 2019 Notice of Taking Depositions filed.
Jul. 01, 2019 Cristal Palace's Motion for Summary Recommended Order or to Dismiss the Notice of Intent to Deny Renewal License filed.
Jun. 17, 2019 Notice of Service of Cristal Palace's Second Request for Production of Documents to AHCA (filed in Case No. 19-002327).
Jun. 17, 2019 Amended Notice of Hearing (hearing set for July 23 through 25, 2019; 9:30 a.m.; Titusville, FL; amended as to location).
Jun. 14, 2019 Notice of Telephonic Pre-hearing Conference (set for July 9, 2019; 1:30 p.m.).
May 31, 2019 Notice of Service of Cristal Palace's Responses to AHCA's First Request for Production of Documents and First Set of Interrogatories filed.
May 24, 2019 Notice of Compliance filed.
May 22, 2019 Notice of Service of Cristal Palace's Responses to AHCA's First Request for Admissions filed.
May 17, 2019 Order Rescheduling Hearing (hearing set for July 23 through 25, 2019; 9:30 a.m.; Titusville, FL).
May 15, 2019 Order Granting Motion to Consolidate and Motion for Continuance (DOAH Case Nos. 19-1667, 19-2327).
May 10, 2019 Joint Response to Initial Order, Motion to Consolidate, and Motion for Continuance filed.
May 10, 2019 Agency's Privilege Log filed.
May 10, 2019 Notice of Compliance filed.
May 07, 2019 Order Designating Location of Final Hearing.
Apr. 26, 2019 Notice of Service of Cristal Palace's Second Request to Produce filed.
Apr. 22, 2019 Amended Notice of Service of Agency's First Request for Admissions, Interrogatories, and Request for Production filed.
Apr. 18, 2019 Notice of Service of Agency's First Request for Admissions, Interrogatories, and Request for Production filed.
Apr. 17, 2019 Order of Pre-hearing Instructions.
Apr. 17, 2019 Notice of Hearing (hearing set for June 4 through 6, 2019; 9:30 a.m.; Titusville, FL).
Apr. 10, 2019 Notice of Service of Cristal Palace's First Set of Interrogatories and First Request to Produce filed.
Apr. 05, 2019 Joint Response to Initial Order filed.
Apr. 05, 2019 Final Order in 17-2149, 17-2164 and 17-3849 filed.
Apr. 05, 2019 Notice of Filing Final Order filed.
Mar. 29, 2019 Initial Order.
Mar. 28, 2019 Petition for Formal Administrative Proceeding filed.
Mar. 28, 2019 Notice of Intent to Deny for Renewal Application filed.
Mar. 28, 2019 Notice (of Agency referral) filed.

Orders for Case No: 19-001667
Issue Date Document Summary
May 10, 2021 Mandate
May 10, 2021 Mandate
May 05, 2020 Agency Final Order
Mar. 17, 2020 Recommended Order Reliance on hearsay caused failure to prove many charges. ALF license non-renewal and fines b/c of repeated rule and statute violations. Standard of proof for non-renewal is clear & convincing.
Source:  Florida - Division of Administrative Hearings

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