1. The Agency published a notice of its decision granting the preliminarily approval of CON application No. 10547 in the Florida Administrative Register, Volume 44, Number 238, on December 10, 2018.

2. On December 21, 2018, Osceola Regional Hospital, Inc. d/b/a Osceola Regional Medical Center and Central Florida Health Services, Inc. (collectively "Osceola Regional") filed a petition contesting the approval of CON No. 10547 for Orlando Health.

3. On December 28, 2018, Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Orlando ("Florida Hospital") filed a petition contesting the approval of CON No. 10547 for Orlando Health.

4. Both petitions were referred to the Division of Administrative Hearings for a de nova review of the decisions through formal administrative hearing and consolidated for hearing by Order of Consolidation dated January 28, 2019. On May 28, 2019, the Administrative Law Judge entered an Order for each party to file a response setting forth its position on the impact to the case ifCS/CS/HB 21 concerning "hospital licensure" was to become law by June 5, 2019. The parties sought and received an extension of time to July 1, 2019.

5. On July 1, 2019, the Agency filed a Motion to Dismiss and Memorandum of Law based on the lack of subject matter jurisdiction due to mootness as HB 21, now 2019-136, Laws of Florida, amended the Florida certificate of need law to remove general hospital projects such as those proposed in these matters from CON review.

6. On July 1, 2019, Orlando Health, Osceola Regional and Florida Hospital each filed responses to the Order dated May 28, 2019 stating that the cases appeared to have been made moot by the passage and signature of CS/CS/HB 21, now 2019-136, Laws of Florida.

7. On July 11, 2019, Adventist Health filed a Notice of Voluntary Dismissal.

8. On July 19, 2019, the Administrative Law Judge entered an Order Closing Case File and Relinquishing Jurisdiction to the Agency.

It is therefore, ORDERED

1. The petitions for formal hearing are dismissed.

   
   

2. The approval of CON application No. 10547 is now moot. As of July 1, 2019, general acute care hospital projects are not subject to CON review. See Chapter 2019-136, Laws of Florida § 13.

ORDERED in Tallahassee, Florida, on this day of

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

,,M

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/ y of

6,2019

Richard--f-:--' oop, Ag cy Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 412-3630

Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)

Mia L. McKown, Esquire

315 South Calhoun Street, Suite 600

Tallahassee, Florida 32301 mia.mckown@hklaw.com jennifer.gillis@hklaw.com (Electronic Mail)

Stephen Boone, Esquire 1001 Avenida Del Circo Post Office Box 1596 Venice, Florida 34284 sboone@boone-law.com

pwilliamson@boone-law.com (Electronic Mail)

Karen Putnal, Esquire Ian Waldick, Esquire 118 N Gadsden St Tallahassee FL, 32301 kputnal@moylelaw.com

iwaldick@moylelaw.com mqualls@moylelaw.com (Electronic Mail)

Stephen A. Ecenia, Esquire Craig D. Miller, Esquire Jennifer Hinson, Esquire Gabriel Warren, Esquire Rutledge Ecenia, P.A.

119 South Monroe Street, Suite 202

Tallahassee, Florida 32301 steve@reuphlaw.com cmiller@rutledge-ecenia.com jennifer@rutledge-ecenia.com gwarren@rutledge-ecenia.com Lauren@rutledge-ecenia.com vicki@rutledge-ecenia.com (Electronic Mail)

Julia E. Smith, 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)

Jack Plagge, Unit Manager

Hospital and Outpatient Services Unit Agency for Health Care Administration (Electronic Mail)

Docket for Case No: 19-000170CON

Orders for Case No: 19-000170CON