19-002546
Agency For Health Care Administration vs.
Flora Alf, Inc., D/B/A Flora Alf
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 26, 2019.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 26, 2019.
1ORDERED at Tallahassee, Florida, on this_:;-___ day of '2019.
11Agency for Health Care Administration
16NOTICE OF RIGHT TO JUDICIAL REVIEW
22A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted
41by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with
62filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency
81maintains its headquarters or where a party resides. Review of proceedings shall be conducted in
96accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of
113rendition of the order to be reviewed.
120CERTIFICATE OF SERVICE
123I CERTIFY that a true and of this Final served on the below-named
136persons by the method designated on this --r-/1 4 r b , 2019.
148t"N-I--'oi't'17oop, Agen y'Clerk
152Agency for Health Care Administration
1572727 Mahan Drive, Mail Stop 3
163Tallahassee, Florida 32308
166Telephone: (850) 412-3630
169Facilities Intake Unit Keisha Woods, Unit Manager
176Agency for Health Care Administration Licensure Unit
183(Electronic Mail) Agency for Health Care Administration
190(Electronic Mail)
192Central Intake Unit Arlene Mayo-Davis, Field Office Manager
200Agency for Health Care Administration Local Field Office
208(Electronic Mail) Agency for Health Care Administration
215(Electronic Mail)
217Katrina Derico-Harris Diana M. Giraldo, Senior Attorney
224Medicaid Accounts Receivable Office of the General Counsel
232Agency for Health Care Administration Agency for Health Care Administration
242(Electronic Mail) (Electronic Mail)
246Deborah Warfel Vidal Marino V elis, Esquire
253Bureau of Medicaid Fiscal Agency Operations V elis & Associates, P .A.
265Agency for Health Care Administration 7161 Taft Street
273(Electronic Mail) Hollywood, FL 33024
278(U.S. Mail)
280Division of Administrative Hearings
284(Electronic Mail)
286NOTICE OF FLORIDA LAW
290408.804 License required; display.--
294( 1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
313or provides services that require licensure, without first obtaining from the agency a license authorizing
328the provision of such services or the operation or maintenance of such provider.
341(2) A license must be in displayed a conspicuous place readily visible to clients who enter at the address
360that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not
383be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
399licensee, provider, and location for which the license is issued.
409408.812 Unlicensed activity.--
412(1) A person or entity may not offer or advertise services that require licensure as defined by this part,
431authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
447A licenseholder may not advertise or hold out to the public that he or she holds a license for other than
468that for which he or she actually holds the license.
478(2) The operation or maintenance of an unlicensed provider or the performance of any services that require
495licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity
510constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state
527attorney may, in addition to other remedies provided in this part, bring an action for an injunction to
545restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the
562performance of any services in violation of this part and authorizing statutes, until compliance with this
578part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.
593(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
612receiving notification from the agency, such person or entity fails to cease operation and apply for a license
630under this and part authorizing statutes, the person or entity shall be subject to penalties as prescribed by
648authorizing statutes and applicable rules. Each day of continued operation is a separate offense.
662( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for
682each day of noncompliance.
686(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a
706provider rendering services that require licensure, the agency may revoke all licenses and impose actions
721under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against
739each licensee until such time as the appropriate license is obtained for the unlicensed operation.
754(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a
771person or entity is operating or maintaining a provider without obtaining a license and determines that a
788condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person
808or entity is subject to the same actions and fines imposed against a licensee as specified in this part,
827authorizing statutes, and agency rules.
832(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.
Case Information
- Judge:
- ROBERT S. COHEN
- Date Filed:
- 05/16/2019
- Date Assignment:
- 05/22/2019
- Last Docket Entry:
- 08/28/2019
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Other
Counsels
-
Diana M. Giraldo, Esquire
Address of Record -
Vidal Marino Velis, Esquire
Address of Record