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HOME SWEET HOME, NO. 2 vs AGENCY FOR HEALTH CARE ADMINISTRATION, 09-000930 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000930 Visitors: 4
Petitioner: HOME SWEET HOME, NO. 2
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: PATRICIA M. HART
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Feb. 17, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 22, 2009.

Latest Update: Feb. 21, 2012
09000930_AFO

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


SOUTH DADE ELDERLY CARE CORP., d/b/a HOME SWEET HOME NO. 2,

FfL ED

A/-!Ct\

AGE NCY CLERK

2012 FEB 21 A fl: 00


Petitioner,


V.


DOAH No. 09-000930

AHCA No. 2009000975


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

I


FINAL ORDER


Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review (hereinafter " NOIW") , and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. 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.


  2. 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)


  3. 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 The Agency's NOIW is withdrawn as moot due to the revocation of the underlying license to operate the assisted living facility in question.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


Docket for Case No: 09-000930
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.

Orders for Case No: 09-000930
Issue Date Document Summary
Feb. 21, 2012 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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