STATE OF FLORIDA FILED

AGE NCY CLE RK

DI VIS ION OF ADMINISTRATIVE HEARING S AHC A

ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC. d/b/a ODYSSEY HEALTHCARE OF CENTRAL FLORIDA,

20!0 AUG 27 P 12: 59

vs.

Petitioner,

DOAH CASE NO.: 10-1681CON AHCA CASE NO.: 2010003089 CON NO.: 10071

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; FLORIDA HOSPITAL HOSPICECARE; AND UNITED HOSPICE OF FLORIDA, INC.,

Respondents. /

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning co-batched Certificate of Need ("CON") Application Nos. 10069 - 10072 seeking to establish a new hospice program in Orange County, District 7/B.

ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC. d/b/a ODYSSEY

HEALTHCARE OF CENTRAL FLORIDA (hereinafter "Odyssey Healthcare") filed CON Application No. 10071 in the Second Batching Cycle of 2009. The application was denied.

Thereafter, Odyssey Healthcare timely filed a Petition for Formal Administrative Hearing with respect to its denial. The Petition was

Filed August 27, 2010 3:01 PM Division of Administrative Hearings.

forwarded by the Agency Clerk to the Division of Administrative Hearing ("DOAH").

On June 8, 2010, Odyssey Healthcare filed its voluntary dismissal of the DOAH Case No. 10-1681CON (Ex. 1).

On June 9, 2010, an Order Severing DOAH Case No. 10-1681CON (Ex. 2) and an Order Closing file (Ex. 3) were issued by DOAH as a result of Odyssey Healthcare's voluntary dismissal.

It is therefore ORDERED and ADJUDGED:

1. The voluntary dismissal by Odyssey Healthcare is hereby acknowledged and accepted.

2. CON Application No. 10071 is hereby denied.

   
   

3. The above-styled case is hereby closed.

DONE and ORDERED this )1\-r-- day of August, 2010, in Tallahassee, Florida.

THO SW. ARNO D, Secretary

AGENCY 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 THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A 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

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons

day o [

named below on this 2J7 I

', 2010.

RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

COPIES FURNISHED TO:

Charles A. Stampelos Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Stephen K. Boone, Esquire

Boone, Boone, Boone, Koda & Frock, P.A.

1001 Avenida Del Circe Post Office Box 1596 Venice, Florida 34284

Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Timothy B. Elliott, Esquire Smith & Associates

2873 Remington Green Circle Tallahassee, Florida 32308

Mark A. Emanuele, Esquire Deborah S. Platz, Esquire

Elizabeth Lauren Pedersen, Esquire Panza, Maurer & Maynard, P.A.

Bank of America Building, Third Floor 3600 North Federal Highway

Fort Lauderdale, Florida 33308

Lorraine M. Novak, Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)

Janice Mills Government Analyst II Facilities Intake

Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3

Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 10-001681CON

Orders for Case No: 10-001681CON