STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

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ROBERT WARE, DOAH NO: 08-2387

Petitioner,

vs. FRAES NO: 2008005295

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

Having reviewed the denial of the Petitioner's Request for Exemption dated March 27, 2008, attached hereto and incorporated herein (Ex. 1), the Notice of Voluntary Dismissal dated July 18, 2008 (Ex. 2), in which the Petitioner expresses the intent to withdraw the petition for formal hearing, and all other matters of record, and being otherwise well-advised in the premises, the Agency for Health Care Administration ("Agency") finds and concludes as follows:

ORDERED:

1. The denial of the Petitioner's Request for Exemption from the requirements of Chapter 435, Florida Statutes, is upheld.

2. The request for formal administrative hearing is dismissed.

   
   

3. The above-styled case is hereby closed.

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Filed September 18, 2009 2:50 PM Division of Administrative Hearings.

DONE and ORDERED this /7 day of S: ia--u_ , 2009,

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in Tallahassee, Leon County, Florida.

Holly Benson Secretary

Agency for H alth 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:

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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 the

method designated, on this the Y of , S: , 2009.

Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Building #3

Tallahassee, Florida 32308-5403

(850) 922-5873

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ICA

CHARLIE CRIST GOVERNOR

FLORl AGENCY FOR HfAIJH CAA!: .ADMINISTRATION

Mr. Robert Ware 7748 Pengrove Pass

Orlando, Fl 32835

RE: Request for Exemption Dear Mr. Ware:

This is to advise you that your request for exemption pursuant to Section 435.07, Florida Statutes (F.S.) has been denied.

Based on this denial, you continue to be ineligible for employment in positions covered by Chapter 400 or Chapter 429, F.S. Facility types requiring background screening and other employment requirements under these statutes include Nursing Homes, Assisted Living Facilities, Home Health Agencies, Adult Day Care Centers, Hospices, Adult Family Care Homes, Prescribed Pediatric Extended Care Centers, Intermediate Care Facilities for the Developmentally Disabled, Transitional Living Facilities, and 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, F.S., the-Administrative Procedure Act. Your rights, including the right to request a hearing, to be represented by counsel (at your expense), to cross-examine witnesses and present evidence and argument in your behalf, are set out in Section 120.57, F.S. Chapter 59-1, Part II, Florida Administrative Code (F.A.C.), constitutes the Agency's procedural rules. Petitions for formal hearing must conform to the requirements in Rule 28-5.201 F.A.C., including a statement of the material facts in dispute. If there are no disputed issues 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:

Agency Clerk

Agency for Health Care Administration 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 Office of the General Counsel at (850) 922-5865, no later than seven

(7) days prior to the proceeding or hearing at which such special accommodation is requested. If needed, the Agency Clerk may be contacted at (850) 922-5865 or via Florida Relay Service at 1-800-995-8770 (voice).

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EXHIBIT

2727 Mahan Drive, MS#40 Tallahassee, Florida 32308

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Visit AHCA online at http://a hca.myflorida. com

Mr. Robert Ware March 27, 2008 Page Two

If you have any questions or need additional infonnation please contact Kelley Goff at (850) 410-3400 or email goffk@ahca.myflorida.com. ......, ' •·

CLS/kc

Attachment

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT WARE

vs.

Petitioner,

DOAH No. 08-2387

AHCA Nos.: 2008005295

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION.

Respondent.

/

PETITIONER'S NOTICE OF VOLUNTARY DISMISSAL

Petitioner, ROBERT WARE, by and through its undersigned counsel, voluntarily dismisses this action.

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DATED this , - ' day of July, 2008.

Robert C. ee

Florida Bar No. 009674 Robert C. Yee, P.A. Post Office Box 22249

Lake Buena Vista, Florida 32830 Telephone: (407) 353-3584

Telecopier: (407) 239-6582 Email: ryee@yeelawfirm.com

Attorneys for Petitioner, Robert Ware.

CERTIFICATE OF SERVICE

CF!

I HEREBY CERTIFY that a true and correct copy of Petitioner's Notice of Voluntary Dismissal has been delivered via Facsimile and U.S. Mail on July 2008 to James H. Harris, Assistant General Counsel, 525 Mirror Lake Drive, North, Sebring Bldg, 330 H, St Petersburg, Florida 33701, attorney for Res e_n!(

- EXHIBIT laN (I

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Docket for Case No: 08-002387

Orders for Case No: 08-002387