FILED AGENCY FOR H CARE ADMIN STATE OF FLORIDA Hae UTY Olen ON AGENCY FOR HEALTH CARE ADMINISTRATION COTTAGES OF GENTLE BREEZE, INC., pate!) - (G.-O4 4 ‘ Petitioner, DOAH CASE NO. 03-2960 © 1°)S AHCA CASE NO. 2003004683 (+ (c. =< ¢ vs. AGENCY FOR HEALTH CARE ADMINISTRATION, ‘ Respondent. 4 / FINAL ORDER, Petitioner, having forwarded its new application for an extended congregate care renewal application that will be considered by the Agency for Health Care Administration, and all other matters of record, the Agency for Health Care Administration (“Agency”) finds and concludes as follows: FINDINGS OF FACT " 1. The Agency issued a Notice of Intent to Deny [extended congregate care (ECC) renewal application] against Petitioner, an assisted living facility. 2. The Agency sent a Notice of Intent to Deny on or about July 9, 2003, to the Petitioner, notifying Petitioner of it’s failure to meet the minimum ECC license requirements pursuant to Section 400.407 (3) (b) 1, a and d, Florida Statutes (F.S.). 3. Petitioner filed a Petition for Formal Administrative Hearing on or about July 25, 2003. 4, On or about December 9, 2003, Petitioner filed a Motion to Remand stating that there were no issues of material fact. 5. An Order Closing File was subséquently issued and the case was remanded back to the Agency for Health Care Administration. ' 1 6. On or about July 9, 2004, Petitioner filed a Notice of Voluntary Dismissal based on the filing of its new application for an extended congregate care renewal application that will be considered by the Agency. CONCLUSIONS OF LAW 7. AHCA, Agency for Health Care Administration, State of Florida is the enforcing authority with regard to assisted living facility licensure law pursuant to Chapter 400, Part III, Florida Statutes; and Chapter 58A-5, Florida Administrative Code. . 8. By filing a new application for an extended congregate care renewal application with the Agency for Health Care Administration for consideration, the matter at hand is moot. ' Based on the foregoing findings of fact and conclusions of law, it is ORDERED: 1. The Agency for Health Care Administration considers the issue moot; and no longer wishes to pursue suspension and/or denial at issue. DONE and ORDERED this 4 day of Oka 20.0Y in Tallahassee, Leon County, Florida, ' Kiyo fet Alan Levine, Secret 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: Jonathan S. Grout, Esq. Attorney for Petitioner Goldsmith Grout & Lewis 2180 N Park Ave Ste 100 Winter Park Florida 32789-2358 (U.S. Mail) ' Tallahassee, Florida 32308 ' (Interoffice Mail) Donna Riselli i Wendy Adams Assistant General Counsel (Interoffice Mail) Agency for Health Care Administration . : 2727 Mahan Drive, Bldg #3, MS #3 (| LA paca } PY de IC Tallahassee, Florida 32308 — ‘ (Interoffice Majl) ; 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 by the method desi gnated, on this 1G day “ot Qu l ye 4 | - , ( r f Ne fante we Goud peer) Ce ‘) Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MSC #3 Tallahassee, Florida 32308-5403 (850) 922-5873 (Uber SUE oP. UE Pb LULUOML IM & uauuL ra | PAA NY 4b f¢bslue Ae \ STATE OF FLORIDA ,; DIVISION OF ADMINISTRATIVE HEARINGS ae COTTAGES OF GENTLE BREEZE, ' Petitioner, Docket No.: 03-2960 vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. Tf ee NOTICE OF VOLUNTARY DISMISSAL Respondent, Cottages of Gentle Breeze, Inc., herein files a Notice of Voluntary Dismissal ’ of its Petition for Formal Administrative Hearing based on its new application for an extended _ congregate care renewal application that will be considered by the Agency for Héalth Care " Administration. Respectfully submitted on this | day of July, 2004. ' I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile to Alba M. Rodriguez, Esquire, Agency for Health Care Administration, (850) 921-0158, on this day of July, 2004. JONATHAN S. GROUT, ESQ GOLDSMITH, GROUT & LEWIS, P.A. Post Office Box 2011 2180 Park Avenue North, Suite 100 Winter Park, Florida 32790 (407) 740-0144 Attomey for Petitioner Florida Bar #296066

Docket for Case No: 03-002960