STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER APPROVING STIPULATION

This cause came on for consideration upon the Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling (Stipulation), filed with the Division of Administrative Hearings on July 23, 2020, by Petitioners, Virginia and Jarrod Prue, Sr., and Respondent, Florida Birth-Related Neurological Injury Compensation Association.

Petitioners and Respondent have come to an agreement regarding a claim filed by Petitioners for bathroom and/or handicap modifications. They have agreed as follows:

Respondent agrees to pay to Petitioner(s)

$29,956.66 as a one-time only, lump sum payment for any and all bathroom and/or handicap modifications forever required for any residence.

Petitioner(s) agree and accept this one time payment as a full and final payment towards

bathroom and/or handicap modifications to his/her/their current house located at 1381 15th Street SW, Naples, FL 34117 and agrees that said payment precludes Petitioner’s entitlement to any future payment from NICA for bathroom and/or handicap modifications for this house or any other house purchases, built or rented or lived in by Petitioner(s) in the future. Should Petitioner(s) elect to move or have any other modifications performed to his/her/their current home, or any other home purchased, built, rented, or lived in by Petitioner(s), any future modifications will be solely at Petitioner’s expense.

After due consideration of the interests of the parties, and being otherwise fully advised, it is

ORDERED:

1. The Stipulation is approved.

2. The parties shall abide by the terms of the Stipulation.

DONE AND ORDERED this 31st day of July, 2020, in Tallahassee, Leon County, Florida.

S

TODD P. RESAVAGE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings this 31st day of July, 2020.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2970 0000 6014 2376)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified No. 7019 2970 0000 6014 2352)

Mary C. Mayhew, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

(Certified No. 7019 2970 0000 6014 2345)

Virginia Prue Jarrod Prue, Sr.,

1381 15th Street Southwest Naples, Florida 34117

(Certified No. 7019 2970 0000 6014 2383)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).

Docket for Case No: 04-001468N

Orders for Case No: 04-001468N