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AGENCY FOR PERSONS WITH DISABILITIES vs DANIEL MADISTIN, LLC., 15-002422FL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002422FL Visitors: 10
Petitioner: AGENCY FOR PERSONS WITH DISABILITIES
Respondent: DANIEL MADISTIN, LLC.
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Persons with Disabilities
Locations: West Palm Beach, Florida
Filed: Apr. 29, 2015
Status: Closed
Recommended Order on Wednesday, November 25, 2015.

Latest Update: May 18, 2024
Summary: Respondent, a licensed group home operator, did not violate several statutes and rules governing such homes and their staffs in connection with the accidental death of a resident or otherwise, contrary to Petitioner's allegations.
15002422_282_01272016_08210464_e



  I L E  

JAN 2 7 2016


APO

Clerk's Office

STATE OF FLORIDA


AGENCY FOR PERSONS WITH DISABILITI


AGENCY FOR PERSONS WITH DISABILITIES,



Vs.

Petitioner,

DOAH Case No.:15-2422FL

Rendition No.:APD-15-16-022-FO


Daniel Madistin, LLC,


Respondent.

                                                        I


FINAL ORDER


This cause is before the Agency for Persons with Disabilities for entry of a Final Order following the issuance of a Recommended Order that recommended that the Agency issue a final order finding that Daniel Madistin is not guilty of the allegations charged in the Administrative Complaint. Neither party filed exceptions. The Findings of Fact and Conclusions of Law in the Recommended Order are approved and adopted.

It is, therefore, ORDERED that the Respondent is not guilty of offenses charged in the Administrative Complaint and that the application for license renewal is

GRANTED. The Agency's file in this matter is closed.

./Ji

DONE AND ORDERED in Tallahassee, Leon County, Florida , this ,)_/, day of

..,,,.,.,,.

J {JA1£/qyr , 20w. 2.ol #


Tom Rankin, Deputy Director of Operations Agency for Persons with Disabilities


APD-15-16-022-FO I 1


Filed January 27, 2016 8:21 AM Division of Administrative Hearings


Copies furnished to:


Elaine M. Asad, Esq. Senior Attorney

Agency for Persons with Disabilities Elaine.asad@apdcares.org


John M. Howe, Esq.

Law Offices of John M. Howe 500 Australian Ave. South Ste. 515

West Palm Beach, Fl 33401

Claudia Llado, Clerk

Division of Administrative Hearings (Filed via e-ALJ)


APD Southeast Region Office


A copy of this Final Order was provided to the above-named individuals at the listed addresses, by U.S. Mail, facsimile, or electronically, this /  (    day of


David De La Paz, Es . cy Clerk Agency for Person 1th Dis abilities 4030 Esplanade Way, Suite 380

Tallahassee, FL. 32399-0950


APD-15-16-022-FOI 2


Docket for Case No: 15-002422FL
Issue Date Proceedings
Feb. 12, 2016 Stipulation for Extension of Time for Response to Initial Order filed.
Jan. 27, 2016 Agency Final Order filed.
Jan. 25, 2016 Respondent's Motion for Award of Attorney's Fees filed. (DOAH CASE NO. 16-0384F ESTABLISHED)
Nov. 25, 2015 Recommended Order (hearing held July 29 and September 22, 2015). CASE CLOSED.
Nov. 25, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 09, 2015 Respondent's Proposed Final Order filed.
Nov. 06, 2015 Petitioner's Proposed Final Order filed.
Oct. 16, 2015 Transcript of Proceedings (not available for viewing) filed.
Sep. 22, 2015 CASE STATUS: Hearing Held.
Sep. 21, 2015 Petitioner's Notice of Intent to Offer Medical Examiner's Report into Evidence filed.
Sep. 21, 2015 Petitioner's Identification of Deposition Testimony filed.
Aug. 07, 2015 Order Re-scheduling Hearing by Video Teleconference (hearing set for September 22, 2015; 9:00 a.m.; West Palm Beach, FL).
Jul. 29, 2015 CASE STATUS: Hearing Partially Held; continued to August 7, 2015; West Palm Beach, FL.
Jul. 27, 2015 CASE STATUS: Motion Hearing Held.
Jul. 27, 2015 Petitioner's Request for Official Recognition filed.
Jul. 27, 2015 Petitioner's Motion to Amend Petitioner's Exhibit 5 filed.
Jul. 24, 2015 Respondent's Motion to Strike Petitioner's Emergency Motion to Compel Exhibits and Alternative Motion to Strike Exhibits filed.
Jul. 24, 2015 Petitioner's Emergency Motion to Compel Production of Respondent's Exhibits in Accord with the Court's Order; or in the Alternative, Motion to Strike Respondent's Exhibits filed.
Jul. 24, 2015 Respondent's (Proposed) Exhibit List filed.
Jul. 23, 2015 Notice Filing Petitioner's (Proposed) Exhibits with Court filed.
Jul. 23, 2015 Notice of Filing Exhibits with the Court (Petitioner's Exhibits not available for viewing).
Jul. 22, 2015 Petitioner's Exhibit List filed.
Jul. 22, 2015 Petitioner's Witness List filed.
Jul. 21, 2015 Order Denying Continuance of Final Hearing.
Jul. 21, 2015 Joint Motion for Continuance filed.
Jul. 13, 2015 Notice of Appearance (John Howe) filed.
Jun. 08, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 29, 2015; 9:00 a.m.; West Palm Beach, FL).
Jun. 05, 2015 Joint Motion for Continuance filed.
May 11, 2015 Amended Election of Rights filed.
May 07, 2015 Order of Pre-hearing Instructions.
May 07, 2015 Notice of Hearing by Video Teleconference (hearing set for June 18, 2015; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
May 06, 2015 Petitioner's Response to Initial Order filed.
Apr. 29, 2015 Initial Order.
Apr. 29, 2015 Election of Rights filed.
Apr. 29, 2015 Administrative Complaint filed.
Apr. 29, 2015 Notice (of agency referral) filed.
Transcript of Proceedings (not available for viewing) filed.

Orders for Case No: 15-002422FL
Issue Date Document Summary
Jan. 27, 2016 Agency Final Order
Nov. 25, 2015 Recommended Order Respondent, a licensed group home operator, did not violate several statutes and rules governing such homes and their staffs in connection with the accidental death of a resident or otherwise, contrary to Petitioner's allegations.
Source:  Florida - Division of Administrative Hearings

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