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.
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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.
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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
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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.
|