Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: MARILYN VALENTE, D/B/A PERIDOT PLACE CORONADO
Judges: FRED L. BUCKINE
Agency: Agency for Health Care Administration
Locations: Fort Myers, Florida
Filed: Apr. 18, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 7, 2002.
Latest Update: Jan. 02, 2025
STATE OF FLORIDA
JA-/ 5&4.
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
vs. AHCA NO:
PERIDOT PLACE/CORONADO
(Marilyn Valente, d/b/a
Peridot Place/Coronado) ,
Respondent.
ADMINISTRATIVE COMPLAINT
08-00-115-BLF
QO:€ Hd BEY 20
YOU ARE HEREBY NOTIFIED that after twenty-one (21) days
from the receipt of this complaint, the Agency for Health Care
Administration (hereinafter referred to as the “Agency”) intends
to impose a civil penalty in the amount of $500.00 Peridot
Place/Coronado, (hereinafter referred to as “Respond
grounds for the imposition of this civil penalty, th
alleges as follows:
ent”). As
e Agency
(1) The Agency has jurisdiction over the Respondent
pursuant to Chapter 400, Part III, Florida Statutes.
(2) Respondent is licensed to operate as an Assisted
Living Facility at 4610 Coronado Parkway, Cape Coral,
Florida
%
33904, in compliance with Chapter 400, Part III, Florida
Statutes, and Chapter 58A-5, Florida Administrative Code.
(3) The Respondent has violated the provisions of Chapter
400. Part III, Florida Statutes, and provisions of Chapter 58A-
5, Florida Administrative Code, in that it was cited for one (1)
deficiency cited during the survey of April 20, 2000. This
deficiency set forth below, was previously cited at the
licensure survey of May 5, 1998, and constitutes a repeat
deficiency:
(a) The Respondent failed to have the annual fire
inspection required by law.
This is a violation of Sections 400.419(1)(c) and
400.441(1) (a)1lm, Florida Statutes, and Rule 58A-5.015(1) (a)3,
Florida Administrative Code. Class III deficiency. Fine:
$500.00.
(4) The above referenced violation constitutes grounds to
levy this civil penalty pursuant to Section 400.414, Florida
Statutes, in that the above referenced conduct of Respondent
constitutes a violation of the minimum standards, rules, and
regulations for the operation of an ALF (Assisted Living
Facility).
(5) Notice was provided in writing to the Respondent of
each of the above violation(s) and the time frame for
correction.
(6) Respondent is notified that it has a right to request
an administrative hearing pursuant to Section 120.569, Florida
Statutes, to be represented by counsel (at its expense), to take
testimony, to call or cross-examine witnesses, to have subpoenas
and/or subpoenas duces tecum issued, and to present written
evidence or argument if it requests a hearing. Chapter 59-1,
Part II, Florida Administrative Code, constitutes the Agency’s
procedural rules for administrative proceedings resulting from
this complaint. In order to obtain a formal proceeding under
Section 120.57(1), Florida Statutes, your request for an
administrative hearing must conform to the requirements in
Rule 28-106, Florida Administrative Code, and must state which
issues of material fact you dispute. Failure to dispute
material issues of fact in your request for a hearing may be
treated by the Agency as an election by you of an informal
proceeding under Section 120.57(2), Florida Statutes. All
requests for hearing shall be made to the Agency for Health Care
Administration, and delivered to Division of Managed Care and
Health Quality, 525 Mirror Lake Drive North, Suite 310G, St.
Petersburg, Florida 33701; attention Michael P. Sasso, Senior
Attorney. Payment of fines shall be sent to the Agency for
Health Care Administration, P.O. Box 13749, Tallahassee, Florida
32317-3749. (Please reference the case number and facility name
on the front of your check).
(7) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST
A HEARING WITHIN TWENTY-ONE (21) DAYS OP RECEPT OF THIS
COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN
THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY.
I HEREBY CERTIFY that a true copy hereof was sent by U.S.
Certified Mail, Return Receipt (Number Z 366 321 540) Requested,
to Marilyn Valente, Peridot Place/Coronado, 4610 Coronado
Parkway, Cape Coral, Florida 33904, on the LB, day of
Neth oben , 2001.
ALD (y—
HAROL D. WILLIAMS
Field Office Manager
Agency for Health Care
Administration
Division of Managed Care
and Health Quality
Copies furnished to:
Michael P. Sasso, Esquire
Agency for Health Care Administration
525 Mirror Lake Drive North, Suite 310G
St. Petersburg, Florida 33701
Area 8 Office
Agency for Health Care Administration
2295 Victoria Avenue, Room 340
Ft. Myers, Florida 33901
ALF Section
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
Finance & Accounting
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
Wendy Adams
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
Docket for Case No: 02-001584
Issue Date |
Proceedings |
Aug. 19, 2002 |
Final Order filed.
|
Jun. 07, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jun. 04, 2002 |
Motion to Remand (filed by Respondent via facsimile).
|
May 03, 2002 |
Order of Pre-hearing Instructions issued.
|
May 03, 2002 |
Notice of Hearing by Video Teleconference issued (video hearing set for June 13, 2002; 9:30 a.m.; Fort Myers and Tallahassee, FL).
|
Apr. 26, 2002 |
(Joint) Response to Initial Order (filed via facsimile).
|
Apr. 19, 2002 |
Initial Order issued.
|
Apr. 18, 2002 |
Administrative Complaint filed.
|
Apr. 18, 2002 |
Petition for Formal Administrative Hearing filed.
|
Apr. 18, 2002 |
Notice (of Agency referral) filed.
|