STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ESTELLA PINO, Petitioner, vs. CASE NO. 01-2857 STATE OF FLORIDA, » me? AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER The Petitioner, Estella Pino, challenged the Respondent’s, STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“Agency”) decision to deny Petitioner’s request for exemption. The Petitioner submitted a petition for formal hearing on June 6, 2001. The Petitioner has filed a. Motion to Dismiss Without Prejudice on September 24, 2001, and no longer wishes to proceed. No disputed i issues remain. Based on the foregoing; the request for a formal hearing’ dated June 6, 2001 i is s dismissed, This proceeding is CLOSED. , DONE an ORDERED on this the aay a in Tallahassee, Florida. 2 A PARTY WHO Is ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED “TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A i . er 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 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. Copies furnished to: Christine T. Messana, Esquire Facilities Regulation Attorney (Interoffice Mail) Caralee Starnes, Acting Manager Background Screening Unit, MS#40 (Interoffice Mail) Lisa P. Kirby, Esquire Craig, Cavanaugh, Cavanaugh & Kirby, P.A. 1250 n. Tamiami Trail, Suite 201 ' Naples, Florida 34102 (U.S. Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this final order has been oe on the above-named addressees by U.S. Mail or Interoffice Mail this tne SOY day of Newabov, 2001. Pua lbudl. Diane Grubbs Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 SOT INET ornare cep oe = cro premerene rr ee SO REET ESR CT Pe neo merge een ot ogee 1 omen esmag mae TREY TT al STATE OF FLORIDA B Cay DIVISION OF ADMINISTRATIVE HEARINGS {fA : 0 ESTELLA PINO, SEP 27 ona AGENCY eae Fi ‘ Petitioner, AO Mins EACH CARE : ‘ “LEG vs. DOAH CASE NO.: 01-2857 at STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / MOTION TO DISMISS WITHOUT PREJUDICE Petitioner, ESTELLA PINO, through the undersigned counsel, respectively requests an Order be entered dismissing the above styled cause without prejudice. In support theréof the following is suggested: 1. Petitioner had disputed the Agency’s decision to deny Petitioner’s request for exemption and requested a formal administrative hearing. Petitioner no longer wishes to proceed, therefore a formal administrative hearing is no longer needed. Wherefore, Petitioner respectfully requests an Order be entered dismissing the above styled case without prejudice, closing the file of the hearing officer and referring this matter to the Agency clerk for the entry of a Final Order. Respectfully submitted on this AA day of September, 2001. LISA KIRBY, ESR Attorney for Petitioner , Florida Bar ID. No. 0143480 , 1250 N. Tamiami Trail, Suite 201 Naples, Florida 34102 PHONE: (941) 434-5454 FAX: (941) 434-8425 eres er reper repr CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to: Christine T. Messana, Esquire, Agency for Health Care Administration, Office of the General Counsel, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308, AND BY FACSIMILE to (850) 921-0158, this 34 day of September, 2001. Sw eo.by LISA KIRBY, SQUIRE oe ee ere coger oe a ory ore . a { vo, : ne STATE OF FLORIDA Certified Article Number BW : P70 948 Say: JEB BUSH, GOVERNOR AGENCY FOR HEALTH CARE ADMINISTRATION | - LAURA BRANKER ACTING SECRETARY . 3 Se See CERTIFIED MAIL, og 3 RETURN RECEIPT REOUEFSTED - o ed an . May 18, 2001 Ms. Estella Pino 083443885 3285 5th Avenue NW ; . Naples, FL 34120 AHCA ! OF -O/-0067 RE: Request for Exemption Dear Ms. Pino: This is to advise you that your request for exemption pursuant to Chapter 400, Florida Statutes has beén denied. : Based on this denial, you continue to be ineligible for employment in those positions that require working with residents or patients of nursing homes, home health agencies, assisted living facilities, : ; homemaker-companion-sitter services, or nurse registries. Should you wish to challenge the denial of your request for exemption, you may submit a petition for formal administrative hearing under Chapter 120, Florida Statutes (F.S.), the Administrative of material fact, your request may be treated by the agency.as an election by you for an informal proceeding under Section 120.57(2), F.S. : All requests for hearing shall be filed with the Agency within 21 days of the receipt of this letter. - Petitions or requests for information should be submitted in writing to: Sam Power Agency Clerk 2727 Mahan Drive Tallahassee, Florida 32308 In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in any informal hearing should contact Mr. William Roberts in the ACHA Office of the~ — = 2727 MAHAN DRIVE . TALLAHASSEE, FL 32308 wor SS ERR rem oe apr ome ne eae Pocee aren emp ort ree ee ae eee General Counsel at (850) 921-0069, no later than seven (7) days prior to the proceeding or hearing at which such special accommodation is requested. If needed, Mr. Power may be contactéd at (850) 922-5865 or via Florida Relay Service at 1-800-995-8770 (voice). If you have any questions or need additional information please contact Glenda Ricks at (850) 410- 3400. = Sincerely, ; . 7 ae au: : alee/Stames>Acti Manaver . E Baskefound Screening Unit. : CLS/gkr , Attachment (de ie eee ee a

Docket for Case No: 01-002857