Petitioner: SOUTH DADE ELDERLY CARE CORP., D/B/A HOME SWEET HOME NO. 2
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ERROL H. POWELL
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: May 18, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 19, 2010.
Latest Update: Feb. 21, 2012
09002726_AFO
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
SOUTH DADE ELDERLY CARE CORP., d/b/a HOME SWEET HOME NO. 2,
2012 Fm 2 I A IQ: sq
Petitioner,
V.
DOAH No. 10-0019
AHCA No. 2009013367
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent.
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FINAL ORDER
Having reviewed the Notice of Intent to Deny (hereinafter "NOID"), 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 NOID and Elections of Rights form to the Petitioner with respect to its license renewal application. (Ex. A) The Election of Rights form advised of the right to an administrative hearing. The Petitioner received the NOID 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 NOID 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:
The Agency's NOID is withdrawn as moot due to the revocation of the underlying license to operate the assisted living facility in question.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 L2_ day of , 2012.
Eliza
Agency for are Administration
Filed February 21, 2012 2:15 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 copy of.Jhis Final Order was served on the below- named persons/entities by the method designated on this ZL_ y of u,:v.../ ,2012.
7
Richard Shoop, Agency C e
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) |
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2
Docket for Case No: 09-002726
| Issue Date |
Proceedings |
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Feb. 21, 2012 |
Agency Final Order filed.
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May 19, 2010 |
Order Closing File. CASE CLOSED.
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May 18, 2010 |
Agreed Motion to Relinquish Jurisdiction filed.
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May 11, 2010 |
Order Granting Continuance (parties to advise status by May 18, 2010).
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May 10, 2010 |
Notice of Unavailability filed.
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Apr. 27, 2010 |
Agreed Motion to Hold Case in Abeyance filed.
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Feb. 10, 2010 |
Order of Pre-hearing Instructions.
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Feb. 10, 2010 |
Notice of Hearing by Video Teleconference (hearing set for May 18, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
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Feb. 03, 2010 |
Joint Notice of Availability filed.
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Feb. 01, 2010 |
Order Denying Motion to Dismiss and Requiring Response.
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Jan. 08, 2010 |
Respondent's Response to Second Order filed.
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Dec. 28, 2009 |
Second Order Requiring Response.
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Dec. 23, 2009 |
Notice of Unavailability filed.
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Dec. 21, 2009 |
Petitioner's Response to Motion to Dismiss filed.
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Dec. 08, 2009 |
Order Requiring Response.
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Oct. 08, 2009 |
Joint Status Report filed.
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Oct. 05, 2009 |
Respondent's Motion to Dismiss filed.
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Sep. 29, 2009 |
Motion to Strike Respondents Motion to Dismiss, or in the Alternative, for Additional Time to Respond Thereto filed.
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Jun. 10, 2009 |
Order Placing Case in Abeyance (parties to advise status by October 7, 2009).
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Jun. 03, 2009 |
Agreed Motion to Hold Case in Abyeance filed.
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May 29, 2009 |
Order Denying Motion to Consolidate.
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May 28, 2009 |
Respondent's Response to Petitioner's Motion to Consolidate filed.
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May 22, 2009 |
Motion to Consolidate (with Case No. 08-6055) filed.
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May 19, 2009 |
Initial Order.
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May 18, 2009 |
Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review filed.
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May 18, 2009 |
Request for Formal Hearing filed.
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May 18, 2009 |
Notice (of Agency referral) filed.
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Orders for Case No: 09-002726
