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AGENCY FOR HEALTH CARE ADMINISTRATION vs SHP III HERON FORT MYERS, LLC, D/B/A BARRINGTON TERRACE OF FORT MYERS, 10-010085 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010085 Visitors: 2
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SHP III HERON FORT MYERS, LLC, D/B/A BARRINGTON TERRACE OF FORT MYERS
Judges: THOMAS P. CRAPPS
Agency: Agency for Health Care Administration
Locations: Fort Myers, Florida
Filed: Nov. 05, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 28, 2011.

Latest Update: May 10, 2011
10010085 AFO


CI "IlLF- O.

STATE OF FLORIDA MiCA

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK

STATE OF FLORIDA, DOAH NO. 10 -f8 ; - 4 p l :2

AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


v. AHCA NO. 2010005731

RENDITION NO.: AHCA-11- 0454 -S-OLC


ll8

SHP III HERON FORT MYERS, LLC d/b/a BARRINGTON TERRACE

OF FORT MYERS,


Respondent.

---------------'

FINAL ORDER


Having reviewed the administrative complaint dated October 4, 2010, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Ex. 2) with the other party to these 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. Respondent shall pay an administrative fine in the amount of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) and a survey fee in


    Filed May 10, 2011 8:39 AM Divis1ion of Administrative Hearings


    the amount of Five Hundred Dollars. The administrative fine and survey fee are due and payable within thirty (30) days of the date of rendition of this Order.

  3. Checks should be 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


  4. Unpaid fines pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available.

  5. Respondent's petition for formal administrative proceedings is


    hereby dismissed.


  6. Each party shall bear its own costs and attorney's fees.


  7. The above-styled cases are hereby closed.

DONE and ORDERED this     y day of _7-rAl cr--1::::-----f 2011,

Ag

, Secretary

Ith Care Administration

in Tallahassee, Leon County, Florida.



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:


Kevin W. Crews Attorney for Respondent

Wicker, Smith, O'Hara, McCoy &

Ford, P.A.

9128 Strada Place, Suite 10200

Naples, Florida 34108 (U.S. Mail)

Mary Daley Jacobs Assistant General Counsel Agency for Health Care Administration

2295 Victoria Avenue, Room 346C

Fort Myers, Florida 33901 (Interoffice Mail)

Finance & Accounting Agency for Health Care Administration

Revenue Management Unit 2727 Mahan Drive, MS #14

Tallahassee, Florida 32308 (Interoffice Mail)

Thomas P. Crapps Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 (U.S. Mail)

Jan Mills

Agency for Health Care Administration

2727 Mahan Drive, Bldg #3, MS #3

Tallahassee, Florida 32308 (Interoffice Mail)



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       i5ay of _  -'.    =-'-,,,,_             , 2011.


c:5[

Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

(850) 412-3630


Docket for Case No: 10-010085
Issue Date Proceedings
May 10, 2011 Settlement Agreement filed.
May 10, 2011 Agency Final Order filed.
Jan. 28, 2011 Order Closing File. CASE CLOSED.
Jan. 25, 2011 Motion to Relinquish Jurisdiction filed.
Jan. 13, 2011 Notice of Service of Agency's Response to Respondent's First Request for Admissions to Petitioner filed.
Jan. 12, 2011 Notice of Service of Agency's Response to Respondent's First Set of Interrogatories filed.
Dec. 20, 2010 Respondent's Notice of Serving First Set of Interrogatories to Petitioner filed.
Dec. 20, 2010 Respondent's First Request for Admissions to Petitioner filed.
Dec. 20, 2010 Respondent's Response to Petitioner's First Request for Admissions filed.
Dec. 20, 2010 Respondent's Response to Petitioner's First Request for Production filed.
Dec. 20, 2010 Respondent's Notice of Serving Unverified Answers to Petitioner's First Set of Interrogatories filed.
Dec. 17, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 17 and 18, 2011; 9:00 a.m.; Fort Myers, FL).
Dec. 09, 2010 Motion for Continuance filed.
Nov. 17, 2010 Order of Pre-hearing Instructions.
Nov. 17, 2010 Notice of Hearing (hearing set for January 5 and 6, 2011; 9:00 a.m.; Fort Myers, FL).
Nov. 16, 2010 Notice of Service of Agency's First Set of Interrogatories, First Request for Admissions and Request for Production of Documents to Respondent filed.
Nov. 15, 2010 Joint Response to Initial Order filed.
Nov. 08, 2010 Initial Order.
Nov. 05, 2010 Administrative Complaint filed.
Nov. 05, 2010 Election of Rights filed.
Nov. 05, 2010 Petition for Formal Hearing filed.
Nov. 05, 2010 Notice (of Agency referral) filed.

Orders for Case No: 10-010085
Issue Date Document Summary
May 04, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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