STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

SUNRISE COMMUNITY, INC.,

2019 FEB 27 P I: 00

vs.

Petitioner ,

DOAH CASE NO.: AHCA CASE NO.: CON NO.:

18-5018CON

2018013551

10541

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINIST RATION,

Respondent.

                                                                         I

FINAL ORDER

THIS CAUSE is before the State of Florida, Agency for Health care Administration (" the Agency") concerning the preliminary denial of the application for a certificate of need (" CON" ) 10541 filed by Sunrise Community, Inc. ("Sunrise) seeking to establish a 24-bed Intermediate Care Facility for the Developmentally Disabled to be located in Hardee County, Service Area 6.

1. On August 20, 2018, the Agency published a notice in the Florida Administrative Register of its decision to deny Sunrise ' s application for CON I 0541.

2. On September 7, 2018, Sunrise filed a Petition contesting the denial by the Agency of its application and this Petition was forwarded to the Division of Administrative Hearings.

3. On November 14, 2018, Sunrise filed a Notice of Voluntary Dismissal of its Petition challenging the denial of its application for issuance of this CON.

It is therefore, ORDERED

1. That the denial of CON 10541 is UPHELD.

1

Filed March 12, 2019 12:26 PM Division of Administrative Hearings

2019.

ORDERED in Tallahassee, Florida, on this z._ day of _

     ._{; 1,""'--.:...,--=u=--= =---=--- ---

Mary C. hew, 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 of 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 the method designated to the persons named below on this Z          of

--f r7u-...-,.-Jc/)---, 2019.

. Shoop, cy Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

Copies Furnished To:

W. David Watkins Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Stephen Emmanuel, Esquire 123 South Calhoun Street Tallahassee, Florida 32301 semmanuel@ausley.com jmcvaney@ausley.com

Steven Weinger, Esquire

2650 Southwest 27th Avenue, 2nd Floor Miami, Florida 33133 swmiami@aol.com;

Lindsey L. Miller-Hailey, Assistant General Counsel Kevin Michael Marker, Assistant General Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Janice K. Mills, Government Analyst II Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Marisol M. Fitch, Unit Manager Certificate of Need Unit

Agency for Health Care Administration (Electronic Mail)

Bernard Hudson, Unit Manager Long Term Care Unit

Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 18-005018CON

Orders for Case No: 18-005018CON