LED STATE OF FLORIDA rE2-9 Of AGENCY FOR HEALTH CARE ADMINISTRATION AHCA ve DEPART “ST o1 epx DAILY SUPPLIES, INC., , Petitioner, CLO . . DOAH: 00-4380 GOR AHCA: 11-00-131 HME AGENCY FOR HEALTH CARE ADMINISTRATION, 3 Zz pea ae) Respondent. est Sen Nf FINAL ORDER oe «<< mam oS The Agency for Health Care Administration, having received an “Order Closing File” from the Division of Administrative Hearings (Division), and being otherwise well advised in the premises, decides as follows: The Petitioner, Daily Supplies, Inc, (“Daily”) requested a formal hearing on October 11, 2000. Daily’s “Petition for Formal Hearing” was referred to the Division. Subsequently, Daily filed a “Motion to Dismiss” its petition for a formal hearing under section 120.57(1), Florida Statutes. Based on Daily’s “Motion to Dismiss” the assigned administrative law judge (ALJ) closed the Division’s file. Daily’s “Motion to Dismiss” ” and the ALJ’s “Order Closing File” dated J anuary 19, 2001 are incorporated by reference. Based on the foregoing, this case is moot and this proceeding is closed. The Petitioner’s withdrawal of its application for licensure is acknowledged. ‘ DONE and ORDERED this HH I day of 2001, in Tallahassee, Leon County, Florida. Ruben J. King-Shaw, Jr., Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS EN- TITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Luis M. Vissepo Assistant General Counsel Agency for Health Care Administration Manchester Building, 1st Floor 8355 NW 53rd ‘Street Miami, Florida 33166 (Inter-office mail) Hon. Florence Snyder Rivas Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway : Tallahassee, Florida 32399-3060 (U.S. Mail) Diane Lopez-Castillo, Field Office Manager Agency for Health Care Administration Manchester Building 8355 NW 53rd Street Miami, Florida 33166 (Inter-office mail) HME Unit Program Agency for Health Care Administration ’ 2727 Mahan Drive Tallahassee, Florida 32308 (Iinter-office mail) Benjamin R. Metsch, Esquire Metsch & Metsch, P.A. _ 1455 NW 14" Street Miami, Florida 33125 (U.S. Certified mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished via U.S. Mail , 2001. or inter-office to the above named addresses on Agency for Health Care Administration 2727 Mahan Drive Building #3 Tallahassee, Florida 32303 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS —.- DAILY SUPPLIES, INC., Petitioner, vs. Case No. 00-4380 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. wee SS SS SS SES ES LS LS ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Motion to Dismiss, and the undersigned being fully advised in the premises, it is, therefore, ORDERED that: 1. The Motion is hereby granted. 2. The final hearing in this cause scheduled for January 25, 2001, is hereby cancelled. 3. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. JoN-18-2001 THU 10:24 AM PROFESSIONAL OFFICES = Subd4b/zeq re uesu4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DAILY SUPPLIES, INC., Petitioner, CASE NO. 00-4380 v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / MOTION TO DISMISS Petitioner Daily Supplies, Inc. by and through its undersigned counsel does hereby move to dismiss its Petition For Formal! Hearing in the above styled action and docs hereby state: 1. On January 16, 2001, Daily Supplies, Inc. formally withdrew from consideration its HME License Application. Attached hereto as Exhibit “A” is a copy of Daily Supplies, Inc.’s January 16, 2001, letter to the Agency For Health Care Administration. WHEREFORE, Daily Supplies, Inc. hereby moves that its Petition For Formal Hearing be dismissed. . METSCH & METSCH, P.A. Counsel for Daily Supplies, Inc. 1455 NW 14" Street Miami, Florida 33125 ° (305) 545-6400 By: Benjamin R. Metsch FBN 94760 LAW OFFICES OF METSCH & METSCH, PA. 1455 NW 14 STREET. MIAMI, FLORIDA 33125 * TELEPHONE 306-545-6400 * TELECOPIER 305-545°7224

Docket for Case No: 00-004380