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AFILY8 GOVERNMENT SOLUTIONS vs AGENCY FOR HEALTH CARE ADMINISTRATION, 20-003572 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-003572 Visitors: 17
Petitioner: AFILY8 GOVERNMENT SOLUTIONS
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: BRITTANY O. FINKBEINER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Aug. 11, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 2, 2020.

Latest Update: Jun. 01, 2024
20003572_282_10262020_11141823_e



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


AFILY8 GOVERNMENT SOLUTIONS,

2028 OCT 20 A 11: 20


Petitioner,

V.

OOAH CASE NO. 20-3572 AHCA No. 2019011262


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

I


FINAL ORDER


Having reviewed the Notice of Intent to Deem Initial Application Incomplete and Withdrawn From Further Consideration and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


I . The Agency issued the Petitioner the attached Notice of Intent to Deem Initial Application Incomplete and Withdrawn From Further Consideration ("Notice of Intent") (Ex. 1). Petitioner requested a formal administrative hearing, and the Division of Administrative Hearings relinquished jurisdiction to the Agency. Thereafter, Petitioner voluntarily withdrew its application for licensure. (Ex. 2)


Based upon the foregoing, it is ORDERED:


  1. This matter was relinquished by The Division of Administrative Hearings .


  2. The Petitioner's application for licensure is WITHDRAWN.


  3. The Notice of Intent is withd rawn .

ORDERED at Tallahassee, Florida, on this day of O_c,1,,k-


, 2020.



are Administration


Filed October 26, 2020 11:14 AM Division of Administrative Hearings

NOTICE OF RIGHT TO JUDICIAL REVIEW


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.


CERTIFICATE OF SERVICE


O J ,

I CERTIFY that a true and correct.-C£Py __gf _this Final Order was served on the below-named persons by the method designated on this ay of 2020.


Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: (850) 412-3630


Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Warren J. Bird, Assistant General Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Jack Plagge, Manager

Hospital and Outpatient Services Unit Agency for Health Care Administration (Electronic Mail)

Jean Frantz Guillaume

Afily8 Government Solutions, LLC 5371 Northwest 32nd Court

Margate, Florida 33063

(U.S. Mail)




2

RON DESANTIS GOVERNOR



August 21, 2019


Jean Frantz Guillaume

Afily8 Government Solutions, LLC


Certified Article Number

9 1 72bb 99D 21 D553 b7

SENDER'S RECORD

File Number: 12667

Application Number: 57743

MARY C. MAYHEW

SECRETARY


CERTIFIED

5371 NW 32nd Ct

Margate, Florida 33063

Provider Type: Health Care Clinic


RE: Complaint Number 2019011262


Notice of Intent to Deem Application Incomplete and Withdrawn from Further Consideration

Afily8 Government Solutions, LLC's application for initial licensure has been deemed incomplete and therefore the Agency intends to withdraw it from further consideration. The Agency notified the applicant in writing of apparent errors or omissions and requested additional information. The requested information was not filed with the Agency within 21 days after the Agency's request or, if filed, did not satisfactorily address the errors and omissions. Thus, the application shall be deemed incomplete and withdrawn from further consideration in accordance with Section 408.806(3)(b), Florida Statutes (F.S.).


The specific basis to withdraw this application is:


  • The applicant has not met the statutory and rule filing requirements for proof of financial ability to operate in accordance withs. 408.8065(1) and 408.810(8)-(9), F. S. ands. 59A-35.062 and 59A- 33.002(2)(d), Florida Administrative Code (F.A.C.) as detailed on the attached memo.


  • The applicant is not in compliance with health care clinic licensing requirements due to failure to appoint a qualified medical/clinic director in accordance withs. 400.9905(5), 400.991(3)-(5), 400.9935(1), 408.809(l)(e) and 435.06, F.S. ands. 59A-33.008(1)-(2), F.A.C.


    • The applicant is not in compliance with background screening licensing requirements due to failure to maintain a roster of all individuals required to have current level 2 background screening in accordance withs. 435.12(2) and 408.809, F.S. ands. 59A-35.090, F.A.C.


  • The mailing address of the licensee submitted with the application does not match that as filed with the Florida Department of State, Division of Corporations in accordance withs. 59A-35.060(4), F.A.C.


  • The applicant did not provide the name, address and federal employer identification number or taxpayer identification number of each controlling interest of the licensee and management company in accordance withs. 408.806(1), F.S. This information must be the same as that registered with the Division of Corporations in accordance with section 59A-35.060(4), F.A.C. The information provided on the application for licensure must match that provided on the addendum, along with each individual's social security number, as required per section 59A-35.060(1 ), F.A.C.


EXPLANATION OF RIGHTS


Pursuant to Section 120.569, F.S., you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57( I), F.S.,


!::

co

J:

2727 Mahan Drive• MS#53 Tallahassee, FL 32308 AHCA. MyFlorida. com

Face book. com/AH CAFlorida wX

Youtube. com/AHCAFI orida

Twitter. com/AHCA_FL SIideS hare. net/ AH CA Florida

Afily8 Government Solutions, LLC August 21, 2019

Page2


your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute.


SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.


If you need further assistance, please contact the General Counsel's Office at (850) 412-3630.

-( -4,

Jack Plagge, Manager

Hospital and Outpatient Services Unit cc: Legal Intake, Mail Stop 3

Mccalister, Marvin


From: Sent: To: Subject:

jfrantz wesendfast.com <jfrantz@wesendfast.com >

Friday, October 2, 2020 10:25 AM Bird, Warren

[External] AHCA case number, 2019011262, DOAH case number 20-3572


Mr. Bird,

On behalf of Afily8 Government Solutions, LLC, we hereby withdraw our pending application. Kindly,

Jean Frantz Guillaume, CEO/AGENT

Afily8 Government Solutions LLC 305.896.3236

afily8.com


Government Solutions

From: Bird, Warren <Warren.Bird@ahca.myflorida.com>

Sent: Friday, October 2, 2020 10:15 AM

To: jfrantz wesendfast.com <jfrantz@wesendfast.com>

Subject: RE: [ External] Re: Notice - Petition will submit a Motion Request for Summary Judgment -Indicate your objection within 1 hour starting at 0900;


Mr. Guillaume,


I'll keep what you emailed, however as I asked in my earlier email, please send me just the simple statement that I put in my email. The reason is that when you write 14 pages, it implies that there are many conditions to the withdrawal of the application. For the withdrawal to be sufficient for settlement purposes, it is necessary that the statement be a clean and simple one, which states, as I requested:


Mr. Bird, on behalf of Afily8 Government Solutions, LLC, we hereby withdraw our pending application", and include the AHCA case number, 2019011262 and the DOAH case number 20-3572, in the subject line of the email.


1 EXHIBIT 2


Docket for Case No: 20-003572
Issue Date Proceedings
Oct. 26, 2020 Agency Final Order filed.
Oct. 02, 2020 Order Closing File and Granting Motion to Relinquish Jurisdiction. CASE CLOSED.
Oct. 02, 2020 Petitioner's Motion for Withdrawal of the Appeal, and Notice of Appearance filed.
Oct. 01, 2020 CASE STATUS: Motion Hearing Held.
Oct. 01, 2020 Petitioner's First Interrogatories to Respondent filed.
Sep. 29, 2020 Notice of Telephonic Motion Hearing (motion hearing set for October 1, 2020; 10:00 a.m., Eastern Time).
Sep. 28, 2020 Agency's Motion to Compel Discovery, Motion for Attorney Fees, and Motion to Continue Final Hearing filed.
Sep. 25, 2020 Petitioner's First Interrogatories to Respondent filed.
Sep. 25, 2020 Motion Request Objecting to Respondent's Motion to Relinquish Jurisdiction filed.
Sep. 24, 2020 Motion to Relinquish Jurisdiction filed.
Sep. 18, 2020 Petition's Motion Request to Object filed.
Sep. 18, 2020 Order Granting Agency?s Motion To Disqualify Jean Frantz Guillaume As Qualified Representative For Petitioner.
Sep. 18, 2020 Order Denying Petitioner's Motion For Clarification And Request For Resonsieration Motion To Strike.
Sep. 18, 2020 Order Denying Petitioner's Request To Sur-Reply To Respondent's Latest Motion And Future Motions In Opposition To The Petition's Relief.
Sep. 18, 2020 Order of Pre-hearing Instructions.
Sep. 18, 2020 Notice of Hearing by Zoom Conference (hearing set for October 22, 2020; 9:00 a.m.; Margate).
Sep. 15, 2020 CASE STATUS: Status Conference Held.
Sep. 15, 2020 Notice of Telephonic Conference (status conference set for September 15, 2020; 1:00 p.m.).
Sep. 11, 2020 Petition's Motion Request to Object: "Agency's Objection to, and Alternative Motion to Disqualify, Jean Frantz Gillaume as Qualified Representative for Petitioner filed.
Sep. 11, 2020 Agency's Objection to, and Alternative Motion to Disqualify, Jean Frantz Guillaume as Qualified Representative for Petitioner filed.
Sep. 11, 2020 Agency's Response to Petitioner's 'Petition's Request to Sur-Reply to Respondents Lastest Motion and Future Motions in Opposition to the Petition's Relief filed.
Sep. 10, 2020 Petitioner's Request to Sur-Reply to Respondent's Latest Motion and Future Motions in Opposition to the Petition's Relief filed.
Sep. 10, 2020 Agency's Response to Petitioner's Motion for Clarification And Request for Reconsideration Motion to Strike [sic] filed.
Sep. 09, 2020 Amended Complaint filed.
Sep. 04, 2020 Letter from Jean Guillaume Regarding Application filed.
Sep. 04, 2020 Motion for Clarification and Request for Reconsideration Motion to Strike filed.
Sep. 02, 2020 Letter from Jean Guillaume Regarding Timely Response filed.
Sep. 01, 2020 Amended Order Granting In Part And Denying In Part Agency's Motion To Dismiss, Alternatively To Strike, And Alternatively For More Definite Statement.
Aug. 31, 2020 Order Granting In Part And Denying In Part Agency's Motion To Dismiss, Alternatively To Strike, And Alternatively For More Definite Statement.
Aug. 31, 2020 Motion Request to Vacate Respondent's Motion to Dismiss and Petition Motion Requests filed.
Aug. 31, 2020 Notice of Appearance (Jean Guillaume).
Aug. 24, 2020 Agency's First Request for Admissions filed.
Aug. 24, 2020 Agency's Notice of Propounding First Set of Interrogatories filed.
Aug. 24, 2020 Agency's First Request for Production to Petitioner filed.
Aug. 24, 2020 Agency's First Interrogatories to Petitioner filed.
Aug. 21, 2020 Agency's Motion to Dismiss, Alternatively to Strike, and Alternatively for More Definite Statement filed.
Aug. 20, 2020 Agency's Unilateral Response to Initial Order filed.
Aug. 13, 2020 Initial Order.
Aug. 12, 2020 Notice of Intent to Deem Application Incomplete and Withdrawn from Further Consideration filed.
Aug. 12, 2020 Appeal Notice of Intent Appeal Final Agency Decision filed.
Aug. 12, 2020 Election of Rights filed.
Aug. 11, 2020 Notice (of Agency referral) filed.

Orders for Case No: 20-003572
Issue Date Document Summary
Oct. 20, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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