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NORTH HILL MANOR, INC. v. AHCA

No. 1D02-1227.

881 So.2d 1174 (2004)

NORTH HILL MANOR, INC., Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 21, 2004.

Attorney(s) appearing for the Case

Michael J. Glazer and Ken Abele of Ausley & McMullen, Tallahassee, for Appellant.

Gregory Philo, Agency for Health Care Administration, Tallahassee, for Appellee.

VAN NORTWICK, J.

North Hill Manor, Inc. (North Hill) appeals a final order of the Florida Agency for Health Care Administration (AHCA), appellee, imposing a treble fine of $173,627.88 pursuant to section 400.424(3)(a), Florida Statutes (2000), for the failure of North Hill to provide a timely refund to a resident who vacated the facility. Because AHCA failed to consider the mitigating factors under section 400.419(3) in arriving at the trebled fine of $173,627.88...

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