Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: THE SOCIAL CENTER, INC., D/B/A THE SOCIAL CENTER
Judges: P. MICHAEL RUFF
Agency: Agency for Health Care Administration
Locations: Jacksonville, Florida
Filed: May 28, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 18, 2003.
Latest Update: Nov. 20, 2024
Cectified Ne
7001 0360 0003 3804 3875
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STATE OF FLORIDA ay Wy
AGENCY FOR HEALTH CARE ADMINISTRATION ne A
AGENCY FOR HEALTH CARE
ADMINISTRATION, Ve
Petitioner,
vs. Case No. 2002046635
THE SOCIAL CENTER, INC., . 07-200 {
THE SOCIAL CENTER
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the AGENCY FOR HEALTH CARE
ADMINISTRATION (“AHCA”), by and through the undersigned counsel, and files this
Administrative Complaint against THE SOCIAL CENTER, INC., d/b/a THE SOCIAL
CENTER, hereinafter referred to as “Respondent,” pursuant to Section 120.569, and
120.57, Florida Statutes, (2002), and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine upon the Respondent,
pursuant to Section 400, Part V, Florida Statutes, (2002).
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to Sections 120.569 and 120.57,
Florida Statutes (2002).
3. AHCA has jurisdiction over the Respondent pursuant to Chapter 400, Part
V, Florida Statutes (2002).
4. Venue shall be determined pursuant to Rule 28-106.207, Florida
Administrative Code (2002).
PARTIES
5. Pursuant to Chapter 400, Part V, Florida Statutes, and Rules 58A-6,
Florida Administrative Code, AHCA is the licensing and enforcing authority with regard
to adult day care centers laws and rules.
6. The Respondent is an adult day care centers located at: 6318 Arlington
Rd., Jacksonville, FL 32211. The Respondent is and was at all times material hereto a
licensed facility under Chapter 400, Part V, Florida Statutes (2002), and Chapter 58A-6,
Florida Administrative Code (2002), having been issued license number 306.
COUNT I
The Respondent failed to maintain a satisfactory fire safety inspection.
Fla. Admin. Code R. 58A-6.011(11) (2002)
§ 400.562(1)(a), Fla. Stat. (2002)
7. AHCA repeats, re-alleges, and incorporates paragraphs one (1) through six
(6) as if fully set forth herein.
8. On or about April 17, 2002, AHCA conducted a survey at the
Respondent’s facility; and on or about June 18, 2002, AHCA conducted a revisit to the
facility.
9. During the April 19, 2002, initial survey a review of facility
documentation revealed the most recent annual fire safety inspection was revealed to
have been conducted on May 13, 2002. In addition it was revealed the facility did not
have evidence of a satisfactory annual fire safety and failed to meet the minimum
standards during the May 13, 2002 fire inspection.
10. Based on a review of facility documentation and interviews with staff it
was determined the facility did not have evidence of a satisfactory annual fire safety
inspection during the revisit on or about June 18, 2002.
11. Based on the foregoing violation AHCA assesses a fine against the
Respondent pursuant to Sec. 400,.556(2)(a and (b) of Fla. Stat. (2002) for the violations
of Fla. Admin. Code R. 58A-6.011(11) (2002) and Sec. 400,.562(1)(a), Fla. Stat. (2002)
WHEREFORE, AHCA demands the following relief:
1. Enter factual and legal findings as set forth in the allegations of this
Administrative Complaint.
2. Impose a fine in the amount of $500.00.
' 3. All other general and equitable relief allowed by law.
eel
Submitted on this 3°" day of A pe \ 2003, on behalf of the Agency
for Health Care Administration by,
A rake Cb yn»
Ursula Eikman, Esquire
Staff Attorney, Fla. Bar. No. 0500941
Counsel for Petitioner
Agency for Health Care Administration
Bldg. 3, MSC#3
2727 Mahan Drive
Tallahassee, Florida 32308
(850) 922-5865 (office)
(850) 413-9313 (fax)
tu
STATE OF FLORIDA i q r
AGENCY FOR HEALTH CARE ADMINISTRATION o
3
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AGENCY FOR HEALTH CARE ‘hop,
ADMINISTRATION, WS R VE
Petitioner,
vs. Case No. 2002046635
THE SOCIAL CENTER, INC., d/b/a
THE SOCIAL CENTER.
Respondent.
NOTICE
The Respondent, THE SOCIAL CENTER, INC., d/b/a THE SOCIAL CENTER,
is notified that it has a right to request an administrative hearing pursuant to Section
120.569, Florida Statutes (2002). Specific options for administrative action are set out in
the attached Election of Rights form and explained in the attached Explanation of Rights
form. All requests for hearing shall be made to Agency for Health Care Administration,
and delivered to the Agency for Health Care Administration, Building 3, MSC #3, 2727
Mahan Drive, Tallahassee, Florida, 32308; Attention: Ursula Eikman, Esquire- Staff
Attorney.
THE RESPONDENT IS FURTHER NOTIFIED, if the request for hearing is not
received by the Agency for Health Care Administration within twenty-one (21) days of
receipt of this Administrative Complaint, a Final Order will be entered.
acl
Submitted on this_2 day of A pel 2003, on behalf of the
Agency for Health Care Administration by, y oy
a nal A Pdr
Ursula Eikman, Esquire
Staff Attorney, Fla. Bar. No. 0500941
Counsel for Petitioner
Agency for Health Care Administration
Bidg. 3, MSC#3
2727 Mahan Drive
Tallahassee, Florida 32308
(850) 922-5865 (office)
(850) 413-9313 (fax)
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that the original Administrative Complaint, Explanation of
Rights form, and Election of Rights form have been sent by U.S. Certified Mail, Retum
Receipt Requested (return receipt #10 cee 3 44%, to THE SOCIAL CENTER, INC.,
d/b/a THE SOCIAL CENTER, at 6318 Arlington Rd., Jacksonville, FL 32211.
Submitted on this 24 day of a, il 2003, on behalf of the
Agency for Health Care eit by wi
LN
(Uaashe Eikman, Esquire
Staff Attorney, Fla. Bar. No. 0500941
Counsel for Petitioner
Agency for Health Care Administration
Bldg. 3, MSC#3
2727 Mahan Drive
Tallahassee, Florida 32308
(850) 922-5865 (office)
(850) 413-9313 (fax)
Docket for Case No: 03-002001
Issue Date |
Proceedings |
Sep. 18, 2003 |
Order Closing File. CASE CLOSED.
|
Sep. 15, 2003 |
Joint Motion to Relinquish Jurisdiction filed by Petitioner.
|
Jun. 18, 2003 |
Notice of Hearing (hearing set for September 22, 2003; 11:30 a.m.; Jacksonville, FL).
|
Jun. 05, 2003 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
May 29, 2003 |
Initial Order issued.
|
May 28, 2003 |
Response to Order to Show Cause filed.
|
May 28, 2003 |
Order for Petitioner to Show Cause filed.
|
May 28, 2003 |
Administrative Complaint filed.
|
May 28, 2003 |
Election of Rights for Administrative Complaint filed.
|
May 28, 2003 |
Notice (of Agency referral) filed.
|