SOUTH DADE ELDERLY CARE CORP., d/b/a HOME SWEET HOME NO. 2,
FfL ED
A/-!Ct\
AGE NCY CLERK
Petitioner,
V.
DOAH No. 09-000930
AHCA No. 2009000975
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent.
I
Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review (hereinafter " NOIW") , and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:
The Agency has jurisdiction over the above-named Petitioner pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing status and administrative code provisions.
The Agency issued the attached NOIW and Elections of Rights form to the Petitioner with respect to its change of ownership (hereinafter "CHOW") application. (Ex. A) The Election of Rights form advised of the right to an administrative hearing. The Petitioner received the NOIW and timely filed the Election of Rights form with the Agency Clerk. (Ex. B)
On September 30, 2011, the Agency filed a motion to dismiss with the Agency Clerk, citing the mootness of the NOIW due to the revocation of the underlying assisted living facility license. (Ex. C) The Agency Clerk granted the motion and directed the entry of a final order. (Ex. D)
Based upon the foregoing, it is ORDERED:
1. The Agency's NOIW is withdrawn as moot due to the revocation of the underlying license to operate the assisted living facility in question.
ORDERED in Tallahassee, Florida, on this -1![ day of
Eliza Agency for
retary
are Administration
Filed February 21, 2012 1:56 PM Division of Administrative Hearings
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party that is adversely affected by this Final Order is entitled to seek 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.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct co is Final Order was served on the below- named persons/entities by the method designated on this ay of ---/ ,2012.
7
Richard Shoop, Agen
Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
Telephone (850) 412-3630
Jan Mills Facilities Intake Unit Agency for Health Care Administration (Interoffice Mail) | Shaddrick Haston, Unit Manager Assisted Living Facility Unit Agency for Health Care Administration (Interoffice Mail) |
Tria Lawton-Russell Office of the General Counsel Agency for Health Care Administration (Interoffice Mail) | John D.C. Newton, II Administrative Law Judge Division of Administrative Hearings (Electronic Mail) |
Lawrence Bessser, Esquire Samek and Besser 1200 Brickell Avenue, No. 1950 Miami, Florida 33131 (U.S. Mail) |
2
Issue Date | Proceedings |
---|---|
Feb. 21, 2012 | Agency Final Order filed. |
Oct. 05, 2009 | Notice of Unavailability filed. |
Sep. 23, 2009 | Notice of Unavailability filed. |
Apr. 22, 2009 | Order Closing File. CASE CLOSED. |
Apr. 21, 2009 | Agreed Motion to Hold Case in Abeyance filed. |
Apr. 16, 2009 | Notice of Unavailability filed. |
Mar. 11, 2009 | Order of Pre-hearing Instructions. |
Mar. 11, 2009 | Notice of Hearing by Video Teleconference (hearing set for April 27, 2009; 9:00 a.m.; Miami and Tallahassee, FL). |
Feb. 24, 2009 | Joint Response to Initial Order filed. |
Feb. 18, 2009 | Initial Order. |
Feb. 17, 2009 | Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review filed. |
Feb. 17, 2009 | Election of Rights filed. |
Feb. 17, 2009 | Request for Formal Hearing filed. |
Feb. 17, 2009 | Notice (of Agency referral) filed. |
Issue Date | Document | Summary |
---|---|---|
Feb. 21, 2012 | Agency Final Order |