STATE OF FLORIDA , Ls AGENCY FOR HEALTH CARE ADMINISTRATION J") 13.02%, ie A STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2001056461 v. 02-0952 RENDITION NO.: AHCA-02-0145-S~-OLC CENTER FOR COMPREHENSIVE SERVICE, d/b/a FOUNTAIN AVENUE ALF Respondent. j LOK p- Clos FINAL ORDER Having reviewed the Second Amended Administrative Complaint dated January 09, 2002, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Joint Stipulation with the parties to these proceedings, and being otherwise well advised in the premises, finds and concludes as follows: The attached Joint Stipulation (Ex. 2), is approved and adopted as part of this Final Order and the parties are directed to comply with the terms of the Joint Stipulation. ORDERED: 1. + The attached Joint Stipulation is approved and adopted as part of this Final Order and the parties are directed to comply with the terms of the Joint Stipulation. 2. A fine of $1,125.00 is hereby imp6éSed upon the Respondent. The fine is due and payable within thirty (30) days of the date of rendition of this Order. 3. Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to this Case number, should be sent directly to: Gloria Collins Agency for Health Care Administration Office of Finance and Accounting 2727 Mahan Drive, Mail Stop # 14 Tallahassee, Florida 32308. 4. Unpaid fines will be subject to statutory interest, and may be collected by all methods legally available. DONE and ORDERED this 27 Gay of _Y7 sh Z , 2002, in Tallahassee, Leon County, Florida. Lelectan a/ Rhonda M. Medows, , Secretary Agency for Health Care Administration 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. Copies furnished to: David C. Ashburn, Esquire Greenberg Traurig P. A. 101 East College Avenue Tallahassee, Florida 32302 (Attorney for Respondent) (via U. S. Mail) Eileen O’Hara Garcia, Esquire Senior Attorney Agency for Health Care Administration 525 Mirror Lake Drive, North 310) Saint Petersburg, Florida 33701 (via Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (via Interoffice Mail) Gloria Collins Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (via Interoffice Mail) Judge William R. Pfeiffer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the / 5M of Jo nZ_ , 2002. Lethud Mihi Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS THE FLORIDA ELECTRIC POWER COORDINATING GROUP, INC., Petitioners/Appellants, Case No. 01-4018 DCA Case No. 2D02~-1788 vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent /Appellee. INDEX (BY DATE OF FILING) Date Page 10/17/01 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record...... 001 10/17/01 Petition for Formal Administrative Hearing...... 004 10/17/01 Notice of Minor Permit Revision .......e.eeeeee oe 011 10/24/01 Notice of Related Cases and Motion to Consolidate (Respondent) ..... eee errr arin 014 10/26/01 Order (cases 01-4018 through 01-4021 are CONSOLIdAate™d) Lecce ec cece eee een e ee ener eee neee 016 11/02/01 Florida Electric Power Coordinating Group, Inc.'s Motion to Consolidate ..... cece nee eeeeees 018 11/06/01 Order (Petitioner's unopposed Motion to consolidate is granted) ... eee cee cree ener nees 020 11/14/01 Stipulation as to Hearing Date (Petitioner) ..... 022 11/16/01 Notice of Hearing 2... cece eee ee eee ee eee neee 024 11/16/01 Order of Pre-Hearing Instructions .........eeeeee 026 11/21/01 Unopposed Motion to Shorten Time for Discovery Responses (Respondent) ...-.eeeeeeen eee receeeeeee 030 11/27/01 Order (Respondent's unopposed Motion to Shorten Time for Discovery Requests is granted) ......... 032 11/29/01 12/07/01 12/10/01 12/12/01 12/13/01 12/13/01 12/13/01 12/13/01 12/14/01 12/18/01 12/18/01 12/19/01 12/21/01 12/27/01 Florida Electric Power Coordinating Group, Inc.'s Motion for Summary Final Order ........... Response to Petitioner's Motion for Summary Final Order and Respondent's Motion for Final Order of Dismissal (Respondent) ........... Notice of Filing, Preliminary Text of Proposed Rule ...... Notice of Filing of Florida Electric Power Coordinating Group, Inc.'s Supplemental Authorities Regarding Award of Attorney's Fees ...... Motion to Strike FCG's Notice of Filing of Supplemental Authorities Regarding Award of Attorney's Fees, or in the Alternative Motion for Leave to File a Response (Respondent) ....... Notice of Filing, Notice of Proposed Rule Making (Respondent) ....... ccc. cea ee cvccceccece Florida Electric Power Coordinating Group, Inc.'s Response to the Department's Motion to Strike... Florida Electric Power Coordinating Group, Inc.'s Proposed Summary Final Order ............. Order (Respondent's unopposed Motion for Leave to File a Response to Petitioner's supplemental filing is granted) ......... ee eee ee eee eae DEP's Response to Petitioner's Notice of Filing Supplemental Authorities Regarding Award of Attorney'S FE@S ..... cece eee ence eee caee Motion for Leave to File Proposed Final Order (Respondent) ........c ccc cece cece ce eceevees Order (Respondent's Motion for Leave to File Proposed Final Order is granted) ..............4. Florida Electric Power Coordinating Group, Inc.'s Clarification of Supplemental Authority.. Notice of Filing, DEP's Notice of Proposed Rulemaking 034 049 053 062 071 073 079 081 084 088 095 12/28/01 03/29/02 04/05/02 04/15/02 04/22/02 05/01/02 Order (Petitioner's request for attorney's fees is denied) .... cece ccc eee cece ec eccee Florida Electric Power Coordinating Group, Inc.'s Response in Opposition of Respondent's Motion for Dismissal and Motion for Reconsideration of Denial of Attorney's FCS Coe eee eee cece eee eee ete een neeceeeas Respondent DEP's Response to FCG's Motion for Reconsideration of Denial of Attorney's Fees and Respondent's Motion for Final Order of Dismissal ..... cee cece ce cece eee ee tec eceeeee Florida Electric Power Coordinating Group, Inc.'s Response to DEP's Response to FCG's Motion for Reconsideration ......... cece cee eceue Pinal Order .... ieee cece ee cence ne ee eceeeus COPIES FURNISHED: Francine M. Ffolkes, Esquire Department of Environmental Protection Douglas Building Mail Stop 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Richard S. Brightman, Esquire Hopping Green & Sams PA Post Office Box 6526 Tallahassee, Florida 32314-6526 103 133 158 170

Docket for Case No: 02-000952