STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER APPROVING STIPULATION

This cause came on for consideration upon the Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling (Stipulation), filed with the Division of Administrative Hearings on August 7, 2020, by Petitioners Michelle and Victor Perez, and Respondent, Florida Birth-Related Neurological Injury Compensation Association.

The parties have come to an agreement regarding a claim filed by Petitioners for bathroom and/or handicap modifications. They have agreed as follows:

Respondent agrees to pay to Petitioner, $30,000.00, as a one-time only, lump sum payment for any and all bathroom and/or handicap modifications forever required for any residence.

Petitioner(s) agree(s) and accept(s) this one-time payment as a full and final payment towards bathroom and/or handicap modifications to

his/her/their current house located at 1122 Royal Aberdeen Way, Orlando, FL 32828, and agrees that said payment precludes Petitioner’s [sic] entitlement to any future payment from NICA for bathroom and/or handicap modifications of this house or any other house purchased, built or rented or lived in by Petitioner(s) in the future. Should Petitioner(s) elect to move or have any other modifications performed to his/her/their current home, or any other home purchased, built, rented, or lived in by Petitioner(s), any future modifications will be solely at Petitioner’s expense.

After due consideration of the interests of the parties, and being otherwise fully advised, it is

ORDERED:

1. The Stipulation is approved.

2. The parties shall abide by the terms of the Stipulation.

DONE AND ORDERED this 12th day of August, 2020, in Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings this 12th day of August, 2020.

COPIES FURNISHED:

(via certified mail)

Robin Treto, Esquire Knopf Bigger

Suite 220

1560 North Orange Avenue Winter Park, Florida 32789 (eServed)

(Certified No. 7019 2280 0001 7689 4781)

Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2970 0000 6014 2451)

Elizabeth A. Myers, Esquire Smith Bigman Brock, P.A. 444 Seabreeze Boulevard

Daytona Beach, Florida 32118 (eServed)

(Certified No. 7019 2280 0001 7689 4798)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified No. 7019 2970 0000 6014 5018)

Mary C. Mayhew, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2970 0000 6014 2482)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).

Docket for Case No: 19-006152N

Orders for Case No: 19-006152N