‘ STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ASSISTED LIVING WITH GRACE, Petitioner, AHCA No.: 2005005586 DOAH No.:05-2595 vs. i STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / Sow FINAL ORDER Having reviewed the Notice of Intent to Deny (hereinafter NOI") issued by the AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter “AGENCY") in response to the renewal application for licensure as an* Assisted Living Facility (hereinafter “ALF”) submitted by Assisted Living With Grace (hereinafter “PETITIONER”), and all other matters of record, the AGENCY finds and concludes as follows: FINDINGS OF FACT 1. By NOI dated June 29, 2005 (Ex. 1), the AGENCY notified the PETITIONER of the AGENCY’s intent to deny the PETITIONER’s renewal application for licensure to operate an ALF in the State of Florida. 2. As one basis for denying the PETITIONER’s renewal application, the AGENCY cited to the PETITIONER’s failure to submit certain information concerning the administrator of PETITIONER’s ALF, as is required by Section By 400.411(3)(h), Florida Statutes (2004), and Rule 58A-5.015(1)(a), Florida Administrative Code (2004). ‘ 3. As-an additional basis for denying the PETITIONER’s renewal application, the AGENCY cited to the PETITIONER’s failure to submit a completed affidavit of compliance with level 2 background screening standards, as is required by Section 400.4174(1)(b), Florida Statutes (2004), and Rule 58A-5.015(1)(a), Florida Administrative Code (2004). 4. As an additional basis for denying the PETITIONER’s renewal application, the AGENCY cited to the PETITIONER’s failure to pay outstanding final order fines, as is required by Section 400.417(3), Florida Statutes (2004), , . | 5. The NOI included an Election of Rights form (Ex. 2), attached hereto and incorporated by reference herein. This Election of Rights form advised the Petitioner of its right to a hearing. 6. The PETITIONER submitted a timely request for a formal administrative hearing. 7. Prior to the occurrence of a formal administrative hearing, the PETITIONER submitted to the AGENCY ail required application documentation and satisfied all outstanding final order fines. 8. The AGENCY rescinded its NOI by letter dated October 19, 2005. (Ex. 3). ‘ CONCLUSIONS OF LAW 1. The AGENCY is the enforcing authority relating to ALFs pursuant to Chapter 400, Part III, Florida Statutes (2004). "2, In its NOI dated June 29, 2005, the AGENCY properly denied the a ' PETITIONER'S renewal application for licensure as an ALF based upon applicable statutory and regulatory provisions. 3,"'' The PETITIONER responded to the Election of Rights included in the NOI pursuant to Sections 120.569 and 120.57(1), Florida Statutes (2004), and Rule 28-106.201, Florida Administrative Code (2004). 4. In response to the PETITIONER’s submission of all required application documentation and payment to the Agency of the-outstanding final ordér'fines, the AGENCY rescinded its NOI by letter dated October 19, 2005. The AGENCY'’s decision to rescind its June 29, 2005, NOT nullifies the AGENCY's prior decision to deny the PETITIONER’s license renewal application, and therefore renders moot the PETITIONER’s petition to challenge the administrative action referenced therein. Based on the foregoing findings of fact and conclusions of law, it is ORDERED: 1. Proceedings are no longer warranted as the issue has been rendered moot. 2. The above-styled case is hereby closed. yy DONE and ORDERED this AD day of Cttawrtoes 2005 in Tallahassee, Leon County, Florida. Alan Levineé\Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A 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 OF 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: Robin Thompson mo Bram D.E. Canter Administrator Administrative Law Judge Assisted Living With Grace Division of Administrative Hearings 3713 El Prado Boulevard The DeSoto Building Tampa, Florida 33629 1230 Apalachee Parkway (U.S. Mail) Tallahassee, Florida 32399-3060 (U.S. Mail) Michael S. Howard, Esquire Gallagher & Howard, P.A. Elizabeth Dudek, Deputy Secretary Post Office Box 2722 Agency for Health Care Admin. Tampa, Florida 33602-2722 2727 Mahan Drive, Mail Stop #9 (U.S. Mail) Tallahassee, Florida 32308-5403 (Interoffice Mail) Brian T. Mulligan Senior Attorney Jan Mills Agency for Health Care Admin. Agency for Health Care Admin. 525 Mirror Lake Drive, N. 2727 Mahan Drive, Mail Stop #3 Sebring Building, Suite 330L Tallahassee, Florida 32308-5403 St. Petersburg, Florida 33701 (Interoffice Mail) (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or by the method designated on thisZ day of _ZaweZer~ _ 2005. ia Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 ; Tallahassee, Florida 32308-5403 pom (850) 922-5873 ey de

Docket for Case No: 05-002595