STATE OF FLORIDA FILED

AGENCY FOR HEALTH CARE ADMI NI ST RATI OHG Dlc ,ctLERK

STATE OF FLORIDA, AGENCY FOR 2011 JUL -8 A 8: 38

HEALTH CARE ADMINISTRATION,

Petitioner,

v.

AHCA NO. 2010000666

RENDITION NO.: AHCA-11- '2.4-S-OLC

KARMOON SUKHRAJ,

Respondent.

KARMOON SUKHRAJ,

Petitioner, DOAH NO. 10-1903

AHCA NO. 2009012890

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

SECOND AMENDED FINAL ORDER1

Having reviewed the Administrative Complaint dated February 12, 2010, and the Amended Notice of Intent to Deny dated July 13, 2010, attached hereto and incorporated herein (Composite Ex. 1), and all other matters of record, the Agency for Health Care Administration ("the Agency") has entered into a Settlement Agreement (Ex. 2) with the parties to these

1 The Second Amended Final Order is being re-entered in accordance with the Order of the Fifth District Court of Appeal, Karmoon Sukhraj v. Agency for Health Care Admin., No. 5D10-1708 (5th DCA June 29, 2011)(order relinquishing jurisdiction to lower tribunal for re­ entry of Amended Final Order).

Filed July 8, 2011 3:04 PM Division of Administrative Hearings

proceedings, and being otherwise well advised in the premises, finds and concludes as follows:

ORDERED:

1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement.

2. The Final Order in AHCA Case No. 2010000666 is vacated.

   
   

3. An administrative fine of $45,000.00 is imposed against the Respondent, Karmoon Sukhraj ("the Respondent"), but is STAYED and the Agency will not collect the administrative fine unless the Respondent violates the terms of the Settlement Agreement. The Agency's Facilities Intake Unit, however, shall maintain an "alert" in its computer system on the Respondent in order to enforce the license prohibition on the Respondent set forth in the Settlement Agreement.

4. The Respondent's initial application for licensure as an adult family-care home is withdrawn.

5. The Respondent's request for administrative hearing filed in AHCA number 2009012890 is withdrawn.

6. The Respondent shall pay, within thirty (30) days of the date of rendition of this Order, attorney's fees in the amount of $200.00 payable to the "Agency for Health Care Administration." The check, along with a reference to these case numbers, should be sent directly to:

   
   

   Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit

   2727 Mahan Drive, MS # 14

   Tallahassee, Florida 32308

   
   

7. Unpaid amounts are subject to statutory interest and may be collected by all methods legally available.

8. The above cases are closed.

DONE and ORDERED in Tallahassee, Florida, on this J_ day of July,

2011.

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 this Final Order was served on the below-named persons/entities by the method designated on this Y of July, 2011.

Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone (850) 412-3630

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATIOftl0H M Y 2b P \: I 5

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

v.

AHCA NO. 2010000666

RENDITION NO.: AHCA-11- O5iui -S-OLC

KARMOON SUKHRAJ,

Respondent.

KARMOON SUKHRAJ,

Petitioner, DOAH No. 10-1903

AHCA NO. 2009012890

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

AMENDED FINAL ORDER

Having reviewed the Administrative Complaint dated February 12, 2010, and the Amended Notice of Intent to Deny dated July 13, 2010, attached hereto and incorporated herein (Composite Ex. 1), and all other matters of record, the Agency for Health Care Administration ("the Agency") has entered into a Settlement Agreement (Ex. 2) with the parties to these proceedings, and being otherwise well advised in the premises, finds and concludes as follows:

ORDERED:

I

1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement.

2. The Final Order in AHCA Case No. 2010000666 is vacated.

   
   

3. An administrative fine of $45,000.00 is imposed against the Respondent, Karmoon Sukhraj ("the Respondent"), but is STAYED and the Agency will not collect the administrative fine unless the Respondent violates the terms of the Settlement Agreement. The Agency's Facilities Intake Unit, however, shall maintain an "alert" in its computer system on the Respondent in order to enforce the license prohibition on the Respondent set forth in the Settlement Agreement.

4. The Respondent's initial application for licensure as an adult family-care home is withdrawn.

5. The Respondent's request for administrative hearing filed in AHCA number 2009012890 is withdrawn.

6. The Respondent shall pay, within thirty (30) days of the date of rendition of this Order, attorney's fees in the amount of $200.00. A check made payable to the "Agency for Health Care Administration." The check, along with a reference to these case numbers, should be sent directly to:

   Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit

   2727 Mahan Drive, MS #14

   Tallahassee, Florida 32308

   
   

7. Unpaid amounts are subject to statutory interest and may be collected by all methods legally available.

8. The above cases are closed.

DONE and ORDERED in Tallahassee, Florida, on this 2l, day of

2011.

_M_/ , ,

ecretary

A h Care Administration

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 this Final Order was served on the below-named persons/entities by the method designated on

(

.

this 2-6 of M/a.-v , 2011.

Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone (850) 412-3630

Docket for Case No: 10-001903

Orders for Case No: 10-001903