Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PARADISE VILLA RETIREMENT, INC., D/B/A PARADISE VILLA RETIREMENT HOME II AT SUNRISE
Judges: PATRICIA M. HART
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Jun. 15, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 23, 2006.
Latest Update: Dec. 25, 2024
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06 JUN 15
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION if
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STATE OF FLORIDA, AGENCY FOR HEALTH HE ARI eS YE
CARE ADMINISTRATION,
Petitioner, AHCA No.: 2006003507
Return Receipt Requested:
v. 7002 2410 0001 4234 7449
7002 2410 0001 4234 7456
PARADISE VILLA RETIREMENT, INC. 7002 2410 0001 4234 7463
d/b/a PARADISE VILLA RETIREMENT HOME
II AT SUNRISE,
Respondent. Dw: div
ADMINISTRATIVE COMPLAINT
COMES NOW State of Florida, Agency for Health Care
Administration (“AHCA”), by and through the undersigned counsel,
and files this administrative complaint against Paradise Villa
Retirement, Inc. d/b/a Paradise Villa Retirement Home II at
Sunrise (hereinafter “Paradise Villa Retirement Home II at
Sunrise”), pursuant to Chapter 400, Part III, and Section
120.60, Florida Statutes, (2005), and alleges:
NATURE OF THE ACTION
1. This is an action for revocation of an assisted living
facility license pursuant to Sections 400.414(1) (a) and
400.414(1) (e)1, Florida Statutes for the protection of public
health, safety and welfare.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to Sections
120.569 and 120.57, Florida Statutes (2005) and Chapter 28-106,
Florida Administrative Code (2005).
3. Venue lies in Broward County pursuant to Section
120.57, Florida Statutes (2005) and Rule 28-106.207, Florida
Administrative Code (2005).
PARTIES
4. AHCA is the regulatory authority responsible for
licensure and enforcement of all applicable statutes and rules
governing assisted living facilities pursuant to Chapter 400,
Part III, Florida Statutes (2005) and Chapter 58A-5 Florida
Administrative Code (2005).
5. Paradise Villa Retirement Home II at Sunrise operates
a 6-bed assisted living facility located at 2560 N. Ww. 93%
Avenue, Sunrise, Florida 33322. Paradise Villa Retirement Home
II at Sunrise is licensed as an assisted living facility under
license number 10388. Paradise Villa Retirement Home II at
Sunrise was at all times material hereto a licensed facility
under the licensing authority of AHCA and was required to comply
with all applicable rules and statutes.
COUNT I
PARADISE VILLA RETIREMENT HOME II WAS OPEN AND HOUSING RESIDENTS
IN AN “UNSAFE BUILDING” .
RULE 58A-5.023(1) (b), FLORIDA ADMINISTRATIVE CODE
(PHYSICAL PLANT STANDARDS)
CLASS I VIOLATION
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. Paradise Villa Retirement Home II at Sunrise was cited
with one (1) Class I deficiency due to an appraisal visit survey
that was conducted on March 29, 2006.
8. An appraisal visit survey was conducted on March 29,
2006. Based on observation and interview with the
Administrator/Owner of the facility on the day of the survey at
approximately 2:30 PM, the facility was open and housing three
residents in an "unsafe building". The findings include the
following.
9. Upon the initial tour of the facility at approximately
2:30 PM, accompanied by the Administrator/Owner, it was observed
that the facility remained open and was housing three residents
in a building that was declared to be an “unsafe building" by
the Sunrise Building Department. The structure was declared to
be an "unsafe building, as defined in section 117 of the Florida
building code. This building was ordered to be vacated and not
occupied on 1/13/06. This order was posted with a large orange
sign on the front window of the building and was also verbally
related to the Administrator/Owner at that time by the Sunrise
Building Department. The Administrator/Owner did not obey this
order and continued to house three confused and elderly
residents. The facility's fire alarm system was also found not
to be in operable condition and could not be reset at the time
of this survey.
10. Based on the foregoing facts, Paradise Villa
Retirement Home II at Sunrise violated Sections 400.414(1) (a)
and 400.414(1)(e)1, Florida Statutes, herein classified as a
Class I violation, which warrants a revocation of its assisted
living facility license.
CLAIM FOR RELIEF
WHEREFORE, the Agency requests the Court to order the
following relief:
1. Enter a judgment in favor of the Agency for Health
Care Administration against Paradise Villa Retirement Home II at
Sunrise on Count I.
2. Assess against Paradise Villa Retirement Home II at
Sunrise a revocation of license on Count I for the violation
cited above.
3. Assess costs related to the investigation and
prosecution of this matter, if the Court finds costs applicable.
4. Grant such other relief as this Court deems is just
and proper.
Respondent is notified that it has a right to request an
administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes (2005). Specific options for administrative
action are set out in the attached Election of Rights. All
requests for hearing shall be made to the Agency for Health Care
Administration, and delivered to the Agency Clerk, Agency for
Health Care Administration, 2727 Mahan Drive, MS #3,
Tallahassee, Florida 32308.
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A
REQUEST FOR A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF
THIS COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED
IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY.
t
Alba M. Rodriguez, Beg %
Assistant General Counsel
Agency for Health Care
Administration
8350 N.W. 52 Terrace - #103
Miami, Florida 33166
Copies furnished to:
Diane Reiland
Field Office Manager
Agency for Health Care Administration
1710 E. Tiffany Drive - Suite 100
West Palm Beach, Florida 33407
(U.S. Mail)
Jean Lombardi
Finance and Accounting
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Interoffice Mail)
Assisted Living Facility Unit Program
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Interoffice Mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U.S. Certified Mail, Return
Receipt Requested to Robin Stewart, Administrator, Paradise
Villa Retirement Home II at Sunrise, 2560 N W. 837% Avenue,
Sunrise, Florida 33322; Paradise Villa Retirement Home, Inc.,
9050 Pines Blvd. - Suite 355, Hollywood, Florida 33024; Robin
Stewart, 16167 S. W. 15 Street, Pembroke Pines, Florida 333027
on this 2 aay of Qerch , 2006.
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Docket for Case No: 06-002117
Issue Date |
Proceedings |
Nov. 22, 2006 |
Final Order filed.
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Aug. 23, 2006 |
Order Closing File. CASE CLOSED.
|
Aug. 22, 2006 |
Agreed Motion to Close File and Relinquish Jurisdiction filed.
|
Jun. 22, 2006 |
Notice of Hearing by Video Teleconference (hearing set for September 6, 2006; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jun. 22, 2006 |
Order of Pre-hearing Instructions.
|
Jun. 21, 2006 |
Response to Initial Order filed.
|
Jun. 16, 2006 |
Initial Order.
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Jun. 15, 2006 |
Administrative Complaint filed.
|
Jun. 15, 2006 |
Election of Rights for Proposed Agency Action filed.
|
Jun. 15, 2006 |
Request for Hearing filed.
|
Jun. 15, 2006 |
Order of Dismissal without Prejudice Pursuant to Sections 120.54 and 120.569, Florida Statutes and Rules 28-106.111 and 28-106.201, Florida Administrative Code to Allow for Amendment and Resubmisson of Petition filed.
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Jun. 15, 2006 |
Amended Request for Hearing filed.
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Jun. 15, 2006 |
Notice (of Agency referral) filed.
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