STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES

LAWRENCE ABELE,

Petitioner,

Final Order No.: DMS-20-0052

vs. DOAH Case No.: 20-0056

STATE OF FLORIDA,

DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE,

Respondent.

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FINAL ORDER

This matter comes before the Department of Management Services (“Department”) for entry of a Final Order in accordance with section 120.569(1), Florida Statutes.

On May 14, 2020, Yolanda Y. Green, Administrative Law Judge (“ALJ”), issued a Recommended Order recommending that the Department enter a Final Order denying Petitioner Lawrence Abele (“Mr.Abele”)’s request for reimbursement for a compounded medication prescription. Mr. Abele did not file exceptions to the Recommended Order. After a thorough review of the record, and being fully advised in the premises, the Department hereby makes the following findings of fact and conclusion of law:

FINDINGS OF FACTS

Following a thorough review of the record, the Findings of Fact set forth in the Recommended Order are hereby adopted in their entirety and are incorporated herein by reference.

Page 1 of 3

Filed September 8, 2020 1:43 PM Division of Administrative Hearings

CONCLUSIONS OF LAW

Following a thorough review of the record and applicable laws, the Conclusions of Law set forth in the Recommended Order are adopted in their entirety and are incorporated herein by reference.

It is hereby ORDERED AND ADJUDGED:

1. The Recommended Order issued in this case is adopted and incorporated herein by reference;

2. The Department’s decision denying Mr. Abele’s appeal is AFFIRMED; and

   
   

3. This final Order shall become effective on the date of filing with the Department’s Agency Clerk.

DONE and ORDERED on this

8/26/2020 I 1:59 PM EDT

JONATHAN R. SATTER

Agency Secretary

Department of Management Services 4050 Esplanade Way, Suite 285

Tallahassee, Florida 32399

Copies Furnished:

841 Maderia Circle

Tallahassee, FL 32312

Lawrence Abele

Via Email: atya@comcast.net

Jacob Koffsky, Esquire Foley & Lardner LLP

2 South Biscayne Boulevard, Suite 1900

Miami, Florida 33131

Via Email: Jkoffsky@foley.com

Erica D. Moore, Assistant General Counsel Department of Management Services

4050 Esplanade Way, Suite 160

Tallahassee, Florida 32399-0950 Erica.Moore@dms.fl.gov

NOTICE OF RIGHT TO APPEAL

Unless expressly waived by a party such as in a stipulation or in other similar forms of settlement, any party substantially affected by this Final Order may seek judicial review by filing an original notice of appeal with the agency clerk of the Department of Management Services, and a copy, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. The notice of appeal must be filed within thirty (30) days of rendition of this order, in accordance with Rule 9.110, Florida Rules of Appellate Procedure, and Section 120.68, Florida Statutes.

Certificate of Clerk:

Filed in the Office of the Agency

Clerk of the Department of Management Services on this 8/27/2020 I 10:39 AM EDT

Diane Wint Agency Clerk

Docket for Case No: 20-000056

Orders for Case No: 20-000056