District Court of Appeal of Florida October 25, 2011, 1D11-0505 (W. Frank Wells Nursing Home v. State, Agency for Health Care Administration)

CLARK, J.

W.Frank Wells Nursing Home (“the nursing home”) appeals the final order of the Agency for Health Care Administration (“AHCA”) upholding the Notice of Deficiencies and class III citation issued to the nursing home for a violation of section 394.463(2), Florida Statutes. Because the undisputed facts fail to establish that a violation of section 394.