STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

EAST FLORIDA HEALTHCARE, LLC,

FiLED

AHC.u.

AGENCY CLERK

2014 APR 22 P 2: Qq

vs.

Petitioner,

DOAH CASE NO. 14-0126CON AHCA CASE NO. 2014000118 CON NO. 10202

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent ,

and

NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH; TENENT HEALTHSYSTEM NORTH SHORE, INC.; CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NON-PROFIT CORPORATION; HOLY CROSS HOSPITAL; and SOUTH BROWARD HOSPITAL DISTRICT d/b/a MEMORIAL HEALTHCARE STSTEM,

Inte rvenors .

                                                                            I

FINAL ORDER

THIS CAUSE comes before the State of Florida, Agency for Health Care Administration ("the Agency ") regarding Certificate of Need ("CON") Application No. I 0202, which sought the establishment of a 100-bed acute care hospital in Broward County, District 10, that had been filed by East Florida Healthcare, LLC (" East Florida"), in the second batching cycle of 2013. The Agency preliminarily denied the application.

On December 30, 2013, East Florida filed a petition for formal hearing contesting the denial, which was forwarded to the Division of Administrative Hearings (" DOAH"). In January 2014, the above-named intervenors filed motions to inte rvene, which were granted. On April 15,

Filed April 22, 2014 4:57 PM Division of Administrative Hearings

2014, East Florida filed a notice of voluntary dismissal and the DOAH issued an order closing the file and relinquishing jurisdiction back to the Agency.

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

1. The denial of CON Application 10202 is upheld.

ORDERED this y of      

fiw-

.-!---' 2014, in Tallahassee, Florida.

, Secretary

alth 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 Ourde)r has been furnished by the method designated to the persons named below on this ZJ y of

-+-,4--L-1-0-=------<--c----!...-1-+-L---' 2014.

oop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

W. David Watkins Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

F. Philip Blank, Esquire

F. Philip Blank, P.A. 204 South Monroe Street

Tallahassee, Florida 32301

Attorney for South Broward Hospital District/Memorial Healthcare System (U.S. Mail)

R. David Prescott, Esquire Stephen A. Ecenia, Esquire Richard M. Ellis, Esquire Rutledge, Ecenia and Purnell, P.A.

119 South Monroe Street, Suite 202 Post Office Box 551

Tallahassee, Florida 32302-0551 Attorneys for East Florida Healthcare, LLC (U.S. Mail)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer and Dobbs, LLP 215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

Attorney for North Broward Hospital District d/b/a North Broward Health (U.S. Mail)

Michael J. Glazer, Esquire Ausley and McMullen 123 South Calhoun Street Post Office Box 391

Tallahassee, Florida 32302

Attorney for Cleveland Clinic Florida Health System Nonprofit Corporation d/b/a Cleveland Clinic Hospital and

Tenet Healthsystem North Shore, Inc. d/b/a Florida Medical Center-A Campus Of North Shore (U.S. Mail)

Cynthia S. Tunnicliff, Esquire Pennington, Moore, Wilkinson,

215 South Monroe Street, 2nd Floor Post Office Box 10095

Tallahassee, Florida 32302-2095 Attorney for Holy Cross Hospital (U.S. Mail)

Richard Joseph Saliba, Esquire Assistant General Counsel

Agency for Health Care Administration (Electronic Mail)

Janice Mills Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 14-000126CON

Orders for Case No: 14-000126CON