TOL STATE OF FLORIDA me ener AGENCY FOR HEALTH CARE ADMINISTRATION 92 SEP 30 PM (2: 39 COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD, d/b/a WESTSIDE REGIONAL MEDICAL CENTER, Petitioner, DOAH CASE NO. 01-2891CON vs. AHCA CASE NO. CON9459 RENDITION NO.: AHCA-02 AGENCY FOR HEALTH CARE ADMINISTRATION and SOUTH BROWARD HOSPITAL DISTRICT, d/b/a MEMORIAL HOSPITAL MIRAMAR, Respondents. TCC PARTNERS, INC., d/b/a CLEVELAND CLINIC HOSPITAL, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION and SOUTH BROWARD HOSPITAL DISTRICT, d/b/a MEMORIAL HOSPITAL MIRAMAR, FINAL ORDER DMNM-Chys This cause was referred to the Division of Administrative Hearings and assigned to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry of a Recommended Order. The Recommended Order of July 3, 2002, is attached to this Final Order, and incorporated herein by reference. RULING ON EXCEPTIONS This case concerns a Certificate of Need Petition filed by the Respondent South Broward Hospital District, which was approved by the Agency. Cleveland Clinic Hospital filed exceptions addressing Findings of Fact 5, 8, 18, 23, 30, 35, 51, 52, 54, 71, 74, 79, 83, 91, 97, 104,105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 126, 127, 128, 129, 130, 131, 132, 133, 144, 145, 146, 147, 148, 149, 150, 151, 161, 162, 163, 165, 166, 169, and171, and to Conclusions of Law 174 and 179 in the Recommended Order. The Agency jointly with South Broward Hospital District filed a response to the exceptions. Upon a review of the complete record, the Agency rejects the exceptions in their entirety for the following reasons. Q) All Exceptions addressing Findings of Fact by the Administrative Law Judge essentially reargue positions taken at hearing and assert that these Findings of Fact are not supported by competent, substantial evidence. Close review of the record, however, shows that each and every Finding of Fact in the.Recommended Order is supported by competent, substantial evidence. In its Exceptions, Cleveland Clinic Hospital presents argument and submits other evidence and testimony adduced at trial to buttress its positions. However, all of this is no more than an invitation for the Agency to reweigh the evidence and come to different findings. The reweighing of evidence is not permitted. The Administrative Law Judge’s Findings of Fact, because there is competent, substantial evidence in the record to support them, cannot be disturbed by the Agency. All exceptions addressed to Findings of Fact are, therefore, denied. Freeze_v. Dept. of Business Regulation, 556 So. 2d 1204 (Fla. 5" DCA 1990); Lawnwood Medical Center v. Agency for Health Care Administration, 678 So. 2d 421 (Fla. 1* DCA 1996). (2) The Exceptions addressing Conclusions of Law 174 and 175 are based on Findings of Fact that are clearly supported by competent, substantial evidence. Because there has been no showing that these Conclusions of Law deviate from the essential requirements of law, and because they flow naturally and logically from the Findings of Fact, these Exceptions are denied. : FINDINGS OF FACT The Agency adopts the findings set forth in the Recommended Order, which is attached hereto and incorporated by reference. CONCLUSIONS OF LAW The Agency adopts the conclusions of law set forth in the Recommended Order. IT IS THEREFORE ADJUDGED THAT: South Broward Hospital District’s CON application 9459 to establish a 100-bed acute care hospital in southwest Broward County is approved. DONE and ORDERED this 30 day of Dep lemme , 2002, in Tallahassee, Florida. RHONDA M. MEDOWS, MD., SECRETARY =] for Health Care Administration 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 THE FILING FEE 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail, or by the method indicated, to the persons named below on this SQM day of Sp bewfror__, 2002. Cebu QM Lealand L. McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308-5403 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Gerald L. Pickett, Esquire Agency for Health Care Administration 525 Mirror Lake Drive North Sebring Building, 330L St. Petersburg, Florida 33710 C. Gary Williams, Esquire Michael J. Glazer, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 Robert A. Weiss, Esquire Parker, Hudson, Rainer & Dobbe, LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, Florida 32301 F. Phillip Blank, Esquire Geoffrey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, Florida 32302-3068 George N. Meros, Jr., Esquire Michael E. Riley, Esquire Gray, Harris & Robinson, P.A. Post Office Box 11189 Tallahassee, Florida 32302 Wendy Adams Facilities Intake Unit Elizabeth Dudek, Deputy Secretary Mail Stop #12

Docket for Case No: 01-002891CON

Orders for Case No: 01-002891CON