FILED ARCA AGENCY CLERK STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION 700) #49 12. A 10: SY CARE FORCE, INC., a e Petitioner, a & AHCA No.: 2008011365, 7, “ivy v. DOAH No.: 08-5412 Kas, 9 REN! O.: AHCA-69- oe A STATE OF FLORIDA, AGENCY FOR *SNOUIONN IS Cis “5 HEALTH CARE ADMINISTRATION, hn Respondent. / CARE FORCE, INC., Petitioner, v. AHCA No.: 2008012578 DOAH No.: 08-5981 STATE OF FLORIDA, AGENCY FOR ) penpition No.: AHCA-09- (S5 -s-o1c HEALTH CARE ADMINISTRATION, Respondent. / CARE FORCE, INC., Petitioner, v. AHCA No.: 2008012892 DOAH No.: 08-6216 STATE OF FLORIDA, AGENCY FOR an. ron no.s anca-oo- [5 -s-01c HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER ty “4 Having reviewed the Notice of Intent to Deem Application Income & “a iy and Withdrawn from Further Review dated October 3, 2008 hin Vy, 2008011365; DOAH No.: 08-5412] (Exhibit 1), attached peretiee “9 incorporated herein; Notice of Intent to Impose Fine [AHCA No... 2008012578; DOAH No.: 08-5981] dated November 7, 2008 (Exhibit 2), attached hereto and incorporated herein; Notice of Intent to Deny [AHCA 0.: 2008012892; DOAH No.: 08-6216] dated November 20, 2008 (Exhibit 3), attached hereto and incorporated herein; and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Settlement Agreement (Exhibit 4) with the parties to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: 1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. 2. Upon full execution of this Agreement, the parties agree to the following: a. Care Force, Inc. shall remit to the Agency, within five (5) days of the entry of a Final Order adopting this Agreement, an administrative fine in the amount of $40,000.00. b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated October 3, 2008 [AHCA No.: 2008011365; DOAH No.: 08-5412] is deemed superseded by this Agreement. Cc. The Notice of Intent to Impose Fine dated November 7, 2008 [AHCA No.: 2008012578; DOAH No.: 08-5981] is deemed superseded by this Agreement. d. Notice of Intent to Deny application for change of ownership dated November 20, 2008 [AHCA No.: 2008012892; DOAH No.: 08-6216] is deem superseded by this Agreement. e. The Petitioner and the Agency shall submit a Joint Stipulation for Order of Dismissal with Prejudice of Case No. 08-63858 CA 32 of the Civil Division in the 11" Judicial Circuit Court within five (5) days of the entry of the Final Order adopting this Agreement. The Joint Stipulation and Order of Dismissal shall dissolve the Injunction and provide that each party shall bear its own attorney’s fees and court costs. f. Petitioner agrees to surrender its current license [License No.: 21468096] when the Agency issues Petitioner its new license. g. Petitioner’s requests for formal administrative proceedings are withdrawn in AHCA case numbers 2008011365, 2008012578, and 2008012892. h. Upon the full execution of this Agreement, the Agency shall begin processing Petitioner’s initial application for a home health agency license. i. Nothing in this Agreement shall prohibit the Agency from denying Petitioner’s initial application for licensure based upon any statutory and/or regulatory provision, including, but not limited to, the failure of Petitioner to satisfactorily complete a survey reflecting compliance with all statutory and rule provisions as required by law. 3. Each party shall bear its own costs and attorney’s fees. 4. The above-styled cases are hereby closed. DONE and ORDERED this _// day of AAaecA_/_, 2008, in Tallahassee, Leon County, Florida. Holly Bengon, Secretary i Agency for\Health Care Administratio 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: Christopher A. Parrella, JD, CHC, CPC Representative for Petitioner The Health Law Offices of Anthony C. Vitale, 2333 Brickell Avenue Suite A-1 Miami, Florida 33129 (U. S. Mail) Lourdes A. Naranjo, Esq. Assistant General Counsel Agency for Health Care Administration 8350 N. W. 52 Terrace —- Suite 103 Miami, Florida 33166 (Interoffice Mail) Catherine Hite, P.A. Attorney for Plaintiffs M. Catherine Hite, Esq. 799 Brickell Plaza Suite 700 Miami, Florida 33131 (U.S. Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Bldg #1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail) Catherine Hite, P.A. M. Catherine Hite, Esq. Attorney for Plaintiffs Care Force, Inc., Carlos Cruz and Divinia Cruz 799 Brickell Plaza Suite 700 Miami, Florida 33131 (U.S. Mail) Jan Mills | : Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (interoffice Mail) Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Anne Menard Manager Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (interoffice Mail) 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 te method designated, on this the [Z day of Lorch , 2009. Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873

Docket for Case No: 08-005412