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AGENCY FOR HEALTH CARE ADMINISTRATION vs NORTH FLORIDA LIVING FACILITIES, D/B/A PECAN GROVE LIVING FACILITY, 01-001209 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001209 Visitors: 34
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: NORTH FLORIDA LIVING FACILITIES, D/B/A PECAN GROVE LIVING FACILITY
Judges: BARBARA J. STAROS
Agency: Agency for Health Care Administration
Locations: Pensacola, Florida
Filed: Mar. 29, 2001
Status: Closed
Recommended Order on Thursday, November 15, 2001.

Latest Update: Mar. 14, 2002
Summary: Whether Respondent committed the violations in the Administrative Complaints and, if so, what penalty should be imposed.Assisted living facility had numerous serious environmental health hazards constituting a Class I violation, and failed to have residents` files on premises, a Class II violation. Recommend revocation of facility`s license.
cand a a ll ial all is alain elie id ce i ae i lk akc ki kn A Rk FILED STATE OF FLORIDA FEB 25 02, AGENCY FOR HEALTH CARE ADMINISTRATION A wie A AGENCY FOR HEALTH CARE DEPART ENT eCERK ADMINISTRATION, pe Petitioner, c DOAH CASE NO. 01-1200 (3 3S 01-2107 vs. AHCA CASE NOS. 01-00-072-ALF 01-01-0108-ALF RENDITION NO.: AHCA-02 ~009 o-FOF-OLC NORTH FLORIDA LIVING FACILITIES, d/b/a PECAN GROVE LIVING FACILITY, Respondent. / FINAL ORDER This cause was referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of November 15, 2001, is attached to this Final Order, and incorporated herein by reference. - “RULING ON EXCEPTIONS There were no exceptions filed in this case. FINDIN GS OF FACT The Agency adopts the findings of fact set forth in nthe Recommended Order. - — _ . CONCLUSIONS. OF LAW The Agency adopts the conclusions of law s set forth in the Recommended Order. het Sl ak ila weak ik a lle ei ll, he ke at. si, nn cent a A A i i lle Atta a Ba nll MR ie al 5 a IT IS THEREFORE ADJUDGED THAT: The license of North Florida Living facilities, d/b/a Pecan Grove Living Facility, is revoked. DONE and ORDERED this £ day ob ELL Beep, in Tallahassee, Florida. 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 FILIN G ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEE 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this Qu day of , 2002. Chtge Daire, Agency Clerk __ Agency for Health Care Administration "2727 Mahan Drive, Building 3 Tallahassee, FL 32308-5403 in le li i lis aH el si milk i. Rail, ma MI A sk att detakn ct COPIES FURNISHED TO: Barbara Staros Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Christine T. Messana, Esquire Michael Mathis, Esquire Agency for Health Care Administration 2727 Mahan Drive Building 3 Suite 3431 Tallahassee, FL 32308-5403 Richard P. Warfield, Esquire 201 East Government Street Pensacola, FL 32501 Elizabeth Dudek, Deputy Secretary Mail Stop #-12

Docket for Case No: 01-001209
Issue Date Proceedings
Mar. 14, 2002 Final Order filed.
Mar. 13, 2002 Notice of Appeal (filed via facsimile by R. Warfield).
Nov. 15, 2001 Recommended Order issued (hearing held September 17, 2001) CASE CLOSED.
Nov. 15, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Nov. 01, 2001 Respondent`s Proposed Recommended Order filed.
Oct. 26, 2001 Agency`s Proposed Recommended Order (filed via facsimile).
Oct. 05, 2001 Transcript filed.
Sep. 17, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Aug. 01, 2001 Notice of Hearing issued (hearing set for September 17, 2001; 10:00 a.m.; Pensacola, FL).
Jul. 27, 2001 Letter to Judge Staros from M. Robinson regarding providing attorney name (filed via facsimile).
Jul. 27, 2001 Letter to Judge Staros from R. Warfield regarding Order Granting Continuance and Placing Case in Abeyance (filed via facsimile).
Jul. 27, 2001 Notice of Appearance (filed by R. Warfield via facsimile).
Jul. 13, 2001 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by July 27, 2001).
Jul. 13, 2001 Notice of Correction (filed by Petitioner via facsimile).
Jul. 13, 2001 Letter from M. Robinson (requesting continuance) filed via facsimile.
Jul. 12, 2001 Petitioner`s Witness and Exhibit List (filed via facsimile).
Jun. 05, 2001 Order Granting Consolidation issued. (consolidated cases are: 01-001209, 01-002107)
Jun. 04, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 18, 2001; 10:00 a.m.; Pensacola, FL).
May 31, 2001 Motion to Consolidate and Motion for Continuation of Final Hearing (filed via facsimile).
May 31, 2001 Amended Petitioner`s Witness and Exhibit List (filed via facsimile).
May 31, 2001 Petitioner`s Witness and Exhibit List (filed via facsimile).
Apr. 30, 2001 Order issued (Petitioner`s Motion to Remand is denied).
Apr. 17, 2001 Order of Pre-hearing Instructions issued.
Apr. 17, 2001 Notice of Hearing issued (hearing set for June 6, 2001; 10:00 a.m.; Pensacola, FL).
Apr. 11, 2001 Notice of Ex-parte Communication.
Apr. 10, 2001 Letter to Judge Staros from M. Robinson (regarding venue of case) filed via facsimile.
Apr. 09, 2001 Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Apr. 09, 2001 Motion to Remand (filed by Petitioner via facsimile).
Mar. 30, 2001 Initial Order issued.
Mar. 29, 2001 Request for Hearing filed.
Mar. 29, 2001 Administrative Complaint filed.
Mar. 29, 2001 Notice (of Agency referral) filed.

Orders for Case No: 01-001209
Issue Date Document Summary
Feb. 08, 2002 Agency Final Order
Nov. 15, 2001 Recommended Order Assisted living facility had numerous serious environmental health hazards constituting a Class I violation, and failed to have residents` files on premises, a Class II violation. Recommend revocation of facility`s license.
Source:  Florida - Division of Administrative Hearings

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