Petitioner: NORTH BROWARD HOSPITAL DISTRICT
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CLAUDE B. ARRINGTON
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 16, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 17, 2001.
Latest Update: Feb. 22, 2025
FILER
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION FEB -b 02
NORTH BROWARD HOSPITAL DISTRICT,
bran HNL Ry
Petitioner,
VS. . Case No. sy -1
STATE OF FLORIDA, AGENCY FOR HEALTH CARE Mae Se
ADMINISTRATION,
Respondent.
CLEVELAND CLINIC FLORIDA,
Intervenor.
FINAL ORDER
The Agency for Health Care Administration having entered into a Stipulation and
Settlement Agreement with the parties to these proceedings, and being otherwise well advised in
the premises, decides as follows:
1. The attached stipulation and settlement agreement is approved and adopted as a part of
this final order and the parties are directed to comply with the terms of the Stipulation and
Settlement Agreement.
2. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed
to comply with the terms of the Stipulation and Settlement Agreement.
DONE and ORDERED this” 24 day of January, 2002 in Tallahassee, Leon County,
Florida.
. S, M.D., Secretary
“Agency for Health Care Administration
sopee
srr
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO
JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A
NOTICE OF APPEAL WITH THE AGENCY CLERK, AND A SECOND COPY, ALONG
WITH FILING FEE AS 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 THIRTY (30) DAYS OF THE
RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
John F. Gilroy, Senior Counsel
Agency for Health Care Administration
Michael E. Riley, Esq.
Gray, Harris & Robinson, P.A.
P.O. Box 11189
Tallahassee, Florida 32302-3189
William R. Scherer, Esq.
Conrad & Scherer, P.A.
P.O. Box 14723
Fort Lauderdale, Florida 33301
Robert A. Weiss, Esq.
Parker, Hudson, Rainer & Dobbs, LLP
1118 North Gadsden Street
The Perkins House, Suite 200
Tallahassee, Florida 32301
CON Office
Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
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the above named addressees on this aL day ote 2001. f
(rarest TDC Mca
{€Virginia Daire, Agency Clerk
Agency for Health Care Administration
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OCTET Tp
OU cre rem
OTST TERT BR
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STATE OF FLORIDA RECEIVED LEGA.
DIVISION OF ADMINISTRATIVE HEARINGS si? 17 red
agency for Health
NORTH BROWARD HOSPITAL care Administration
DISTRICT,
“Petitioner,
vs. Case No. 01-1096
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent,
and
CLEVELAND CLINIC FLORIDA,
Intervenor.
wee eS SS SYS SS Se See ere
ee
ORDER CLOSING FILE
This cause having come before the undersigned on the
parties' Stipulated Motion to Relinquish Jurisdiction filed
September 14, 2001, and the undersigned being fully advised, it
is, therefore,
ORDERED that: ;
1. The final hearing in this cause scheduled for
September 17 through 19, 2001, is hereby cancelled.
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed.
Sct. .aidekehad-Thiadata aan ta
eprint on
oR TREE ES re
we
DONE AND ORDERED this 17th day of September, 2001,
Tallahassee, Leon County, Florida.’
: Cle blog
CLAUDE B. ARRINGTON
Administrative Law Judge
Division of Administrative
The DeSoto Building
1230 Apalachee Parkway
in
Hearings
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Piling (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Hearings
2001.
Division of Administrative
this 17th day of September,
COPIES FURNISHED:
John F. Gilroy, III, Esquire :
Agency for Health Care Administration
2727 Mahan Drive
Fort Knox Building Three, Suite 3431
Tallahassee, Florida 32308
Michael E. Riley, Esquire
Gray, Harris & Robinson, P.A.
301 South Bronough Street, Suite 600
Post Office Box 11189
Tallahassee, Florida 32302-3189
Siesta
rocere meses
ca
cans
William R. Scherer, Esquire
Conrad & Scherer
Post Office Box 14723
Fort Lauderdale, Florida 33301
Robert A. Weiss, Esquire
Parker, Hudson, Rainer
& Dobbs, LLP
118 North Gadsden Street
The Perkins House, Suite 200
Tallahassee, Florida 32301
RE hs eta i
Cpe TIETeT
RECEIVED LEGAL
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS SEP 1 7 Rep
Agency for Health
NORTH BROWARD HOSPITAL DISTRICT, re Administration
Petitioner,
yo Case No. 01-1096
AHCA Case Action: Challenges approval of
waiver of Rule 59A-3.080 (4) (f) for
Cleveland Clinic Hospital
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
STIPULATED MOTION TO RELINQUISH JURISTICTION
Pursuant to section 120.57 (1) (i) of the Florida Statutes and Rule 28-106.204, Florida
Administrative Code, Petitioner North Broward Hospital District (District) moves for an order for
the Division of Administrative Hearings to relinquish jurisdiction in this proceeding to the Agency
for Health Care Administration, and states the following in support:
1. The District and Intervenor Cleveland Clinic Florida have entered into a settlement
agreement resolving all disputed material facts in this proceeding.
2. The Agency has been requested to acknowledge that settlement agreement, and enter
a final order based on that settlement agreement, and the District and Cleveland Clinic anticipate that
the Agency will do so.
3. Pursuant to Rule 28-106.204 (3), counsel for Cleveland Clinic and the Agency have
consented to this motion.
WHEREFORE, the District moves for order based on this stipulated motion relinquishing
jurisdiction of this proceeding from the Division of Administrative Hearings to the Agency for
Health Care Administration.
eee
St dd do ee
ET PR PET Ee a
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail and facsimile transmission this 4tAbay of September, 2001 to the following:
Robert A. Weiss
Karen“A. Putnal
Parker, Hudson, Rainer & Dobbs, LLC
118 N. Gadsden Street, 2"4 Floor.
Tallahassee, FL 32301 ;
Attorneys for Cleveland Clinic Florida
~ John Gilroy
Senior Attorney
2727 Mahan Drive, Suite 3431
Fort Knox Building III
Tallahassee, FL 32308
Attomey for Agency for Health Care
Administration
George E. Meros, Jr.
Florida Bar No. 0263321
Michael E. Riley
Florida Bar No. 0794650
GRAY, HARRIS & ROBINSON, P.A.
Post Office Box 11189
Tallahassee, Florida 32302
Telephone (850) 222-7717
Facsimile (850) 222-3494
Attomeys for North Broward Hospital District
merece
oppor
Deed ad
er
Docket for Case No: 01-001096
Issue Date |
Proceedings |
Feb. 05, 2002 |
Final Order filed.
|
Feb. 05, 2002 |
Stipulation and Settlement Agreement Joint filed.
|
Sep. 17, 2001 |
Order Closing File issued. CASE CLOSED.
|
Sep. 14, 2001 |
Stipulated Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Sep. 05, 2001 |
Notice of Appearance and Substitution of Counsel (filed by Respondent via facsimile).
|
Aug. 03, 2001 |
District`s Request for Supplementation of discovery Responses to Cleveland Clinic Florida filed.
|
Aug. 03, 2001 |
District`s Resquest for Supplementation of discovery Responses to Agency filed.
|
Jul. 24, 2001 |
Noitce of Taking Depositions Duces Tecum, Mark Knight & B. Langley (filed via facsimile).
|
Jul. 24, 2001 |
Notice of Taking Deposition Duces Tecum of Corporate Representative (filed via facsimile).
|
Jun. 05, 2001 |
Subpoena Duces Tecum (M. Knight) filed.
|
Jun. 05, 2001 |
Subpoena Duces Tecum (B. Langley) filed.
|
May 30, 2001 |
District`s Responses to Cleveland Clinic`s Second Request for Production of Documents filed.
|
May 22, 2001 |
Notice of Taking Deposition Duces Tecum (M. Knight) filed via facsimile.
|
May 22, 2001 |
Notice of Taking Deposition Duces Tecum (B. Langley) filed via facsimile.
|
May 16, 2001 |
District`s Answers to Cleveland Clinic`s First Set of Interrogatories filed.
|
May 16, 2001 |
District`s Responses to Cleveland Clinic`s First Request for Production of Documents filed.
|
May 08, 2001 |
Cleveland Clinic Florida`s Notice of Service of Responses to North Broward Hospital District`s First Set of Interrogatories and First Request for Production of Documents (filed via facsimile).
|
May 04, 2001 |
Response to District`s First Request for Production to Agency filed by Respondent
|
May 04, 2001 |
Respondent`s Notice of Service of Answers to District`s First Set of Interrogatories to Agency filed.
|
May 03, 2001 |
District`s First Request for Production to Agency (filed via facsimile).
|
May 03, 2001 |
District`s First Request fro Production to Cleveland Clinic (filed via facsimile).
|
Apr. 20, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for September 17 through 19, 2001; 9:00 a.m.; Tallahassee, FL).
|
Apr. 17, 2001 |
Response to Order Granting Continuance and Re-Scheduling Hearing (filed by Respondent via facsimile).
|
Apr. 17, 2001 |
Notice of Service of Cleveland Clinic Florida`s First Set of Interrogatories to Petitioner North Broward Hospital District (filed via facsimile).
|
Apr. 16, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 27 through 29, 2001; 10:00 a.m.; Tallahassee, FL).
|
Apr. 13, 2001 |
Memorandum to Judge Arrington from R. Weiss (confirming telephone conference for Monday, April 16, 2001 at 1:00 p.m.) filed via facsimile.
|
Apr. 10, 2001 |
Cleveland Clinic Florida`s Motion to Reschedule Final Hearing and Request for Scheduling Conference filed.
|
Apr. 04, 2001 |
Notice of Service of Petitioner`s First Interrogatories to Agency filed.
|
Apr. 04, 2001 |
Notice of Service of Petitioner`s First Interrogatories to Cleveland Clinic filed.
|
Mar. 30, 2001 |
Order Granting Intervention issued (Cleveland Clinic Florida).
|
Mar. 30, 2001 |
Order of Pre-hearing Instructions issued.
|
Mar. 30, 2001 |
Notice of Hearing issued (hearing set for May 22 through 24, 2001; 9:00 a.m.; Tallahassee, FL).
|
Mar. 26, 2001 |
Response to Initial Order (filed by Respondent via facsimile).
|
Mar. 19, 2001 |
Cleveland Clinic Florida`s Petition to Intervene filed.
|
Mar. 19, 2001 |
Initial Order issued.
|
Mar. 16, 2001 |
Letter granting Petition for Waiver filed.
|
Mar. 16, 2001 |
NBHD`s Petition for Formal Administrative Hearing filed.
|
Mar. 16, 2001 |
Notice (of Agency referral) filed.
|