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AGENCY FOR HEALTH CARE ADMINISTRATION vs SA-ENC FORT MYERS, LLC, D/B/A CITRUS GARDENS OF FORT MYERS, 14-000432 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000432
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SA-ENC FORT MYERS, LLC, D/B/A CITRUS GARDENS OF FORT MYERS
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Agency for Health Care Administration
Locations: Fort Myers, Florida
Filed: Jan. 27, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 13, 2014.

Latest Update: May 15, 2014
14000432_AFO_05152014_04182811_e

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


V.


SA-ENC FORT MYERS, LLC d/b/a CITRUS GARDENS OF FORT MYERS,

20i4 MAY l 5 t,. 9: 55

DOAH NO. 14-432


AHCA NO. 2013007905

RENDITION NO.: AHCA· J4 · (f/4 J_ -S-OLC


Respondent.

                                                                              I


FINAL ORDER


Having reviewed the Administrative Complaint, 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 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) The Election of Rights form advised of the right to an administrative hearing.


  3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:

  1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


  2. The Respondent shall pay the Agency $20,000 in administrative fines and a $6,000 survey fee. 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 in accord with the law. 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, MS 14

    Tallahassee, Florida 32308


  3. Conditional licensure status is imposed upon Respondent commencing July 17, 2013 and ending October 23, 2013.

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Filed May 15, 2014 4:18 PM Division of Administrative Hearings

ORDERED at Tallahassee, Florida, on this ay of n at .el , 2014.



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


Richard Shoop, gency Cler

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit (Electronic Mail)

Finance & Accounting Revenue Management Unit (Electronic Mail)

Andrea M. Lang, Esq.

Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Margaret A. Chamberlain, Esq.

Kitch Drutchas Wagner Valitutti & Sherbrook 2379 Woodlake Drive, Suite 400

Okemos, Michigan 48864-6032

(U.S. Mail)

Lynne A. Quimby-Pennock Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)



2


Docket for Case No: 14-000432
Issue Date Proceedings
May 15, 2014 Settlement Agreement filed.
May 15, 2014 Agency Final Order filed.
Mar. 13, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 13, 2014 Motion to Relinquish Jurisdiction to the Agency filed.
Mar. 03, 2014 Amended Notice of Hearing (hearing set for April 1 and 2, 2014; 9:00 a.m.; Fort Myers, FL; amended as to Location).
Feb. 14, 2014 Notice of Service of Petitioner's First Set of Interrogatories and Request for Production of Documents filed.
Feb. 07, 2014 Order of Pre-hearing Instructions.
Feb. 07, 2014 Notice of Hearing (hearing set for April 1 and 2, 2014; 9:00 a.m.; Fort Myers, FL).
Feb. 03, 2014 Joint Response to Initial Order filed.
Jan. 30, 2014 Order Accepting Qualified Representative.
Jan. 27, 2014 Initial Order.
Jan. 27, 2014 Conditional License filed.
Jan. 27, 2014 Administrative Complaint filed.
Jan. 27, 2014 Request for Administrative Hearing filed.
Jan. 27, 2014 Affidavit of Margaret Chamberlain filed.
Jan. 27, 2014 Election of Rights filed.
Jan. 27, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-000432
Issue Date Document Summary
May 15, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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