STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

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AG E NCY CLERr{

HEALTH CARE ADMINISTRATION,

Petitioner,

2012 MAR 21 A 9: 5 f

V. AHCA NO. 2011007332

DOAH NO. 11-5435

BOUGAINVILLEA SENIOR RESIDENCES, INC. d/b/a BOUGAINVILLEA GARDEN,

Respondent.

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FINAL ORDER

Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:

l. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) Respondent requested a formal administrative hearing by a Petition, however, Respondent failed to file any pleadings in response to the Administrative Law Judge's Order to Show Cause, which resulted in the Judge's Order Relinquishing Jurisdiction and Closing File. (Ex. 2) This Order found that Respondent's failure to file any pleading in response to the Court's Order to Show Cause resulted in a finding that Respondent's request for formal administrative hearing was deemed withdrawn.

Based upon the foregoing, it is ORDERED:

1. The findings of fact and conclusions of law set forth in the Administrative Complaint are adopted and incorporated by reference into this Final Order.

   
   

2. The Respondent shall pay the Agency $1,000. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case number should be sent to:

Office of Finance and Accounting Revenue Management Unit

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 14

Tallahassee, Florida 32308

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Filed March 28, 2012 1:06 PM Division of Administrative Hearings

ORDERED at Tallahassee, Florida, on this 1-   day of_),/;_'°'" t{,,   ,. ,2012.

Elizab tary

Agenc e Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

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.

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct c     of this Final Order was served on the below-named persons by the method designated on this .2Z::._ ay of /7:.-/0-r cli , 2012.

Richard Shoop, Agency Cler

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

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Docket for Case No: 11-005435

Orders for Case No: 11-005435