STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION PALM GARDEN OF AVENTURA, LLC,

AHCA

:\ GE t' CY CLERK

2017 HAR 20 P 2: I.I 8

vs.

Petitioner,

DOAH CASE NO. 15-001786CON AHCA CASE NO: 2015002599 CON NOS: 10345 & 10343

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                             I

FINAL ORDER

THIS CAUSE comes before the Agency for Health Care Administration ("the Agency") concerning Palm Garden of Aventura, LLC ("Palm Garden") contesting the approval of Certificate of Need ("CON") Application No. 10343, authorizing the establishment of 168-bed community nursing home filed by Florida Medical Systems, LLC ("FMS") and the Agency's denial of CON 10345 filed by Palm Garden to establish 48 community nursing home beds.

1. On April 15, 2015, Palm Garden filed a Notice of Voluntary Dismissal.

   
   

2. On April 29, 2015, the Division of Administrative Hearing issued an Order Closing File and Relinquishing Jurisdiction.

It is ORDERED:

1. The Agency's decision is upheld.

   
   

2. Each party will be responsible for its own respective costs and attorney's fees.

   
   

3. This matter is hereby closed.

Page 1 of 3

Filed March 21, 2017 12:07 PM Division of Administrative Hearings

ORDERED in Tallahassee, Florida, on this 20d,day of f!Ja1y/z , 2017.

Justin

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 named below on this ;(1 f

,2017.

Copies:

John D. C. Newton, II Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

'rf-+--..+,rf,,op, Agen

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

Tallahassee, Florida 32308

(850) 412-3630

John F. Gilroy, III, Esquire John F. Gilroy III, P.A.

1695 Metropolitan Circle, Suite 2

Tallahassee, Florida 32308-8722 john@jgilroylaw.com (Electronic Mail)

Frank P Rainer, Esquire Board & Cassell

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301 frainer@broadandcasel.com kdilworth@broadandcassel.com (Electronic Mail)

R. Terry Rigsby, Esquire Pennington Law Firm

215 S Monroe Street, Suite 200

Tallahassee, Florida 32301 trigsby@penningtonlaw.com kowens@penningtonlaw.com (Electronic Mail)

Jason A. Watson, Esquire Consulate Health Care Office of Corporate Counsel

5102 West Laurel Street, Suite700 Tampa, Florida 33607-3854 Jason.A.Watson@consulatemgt.com

Donna Holshouser Stinson, Esquire 1507 Old Fort Drive

Tallahassee, Florida 32301 mamadhs@gmail.com

Richard Joseph Saliba, Esquire Assistant General Counsel

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

Tallahassee, Florida 32308 (Electronic Mail)

Jan Mills

Government Analyst II

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

Tallahassee, Florida 32308

Docket for Case No: 15-001786CON

Orders for Case No: 15-001786CON