STATE OF FLORIDA Are yeigay, 4S AGENCY FOR HEALTH CARE ADMINISTRATION” 29. CONTINENTAL MEDICAL OF PALM re are BEACH, INC., o 7 DWM -cles Petitioner, DOAH Case No. 01-3299CON AHCA no. 2002046586 vs. CON 9431 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, FLORIDA HEALTH SCIENCES CENTER, d/b/a TAMPA GENERAL HOSPITAL and UNIVERSITY COMMUNITY HOSPITAL, INC., d/b/a UNIVERSITY COMMUNITY HOSPITAL, Intervenors, / eee FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge David M. Maloney, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On March 21, 2003, Petitioner filed its an Amended Notice of Voluntary Dismissal. On March 3, 2003, Administrative Law Judge David M. Maloney entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2002). ‘ Based on the foregoing, ________ IT IS ADJUDGED THAT: ee - ac 1 Continental Medical of Palm Beach, Inc.’s, petition challenging the denial of Certificate of Need (CON) Application number 9431, which sought to establish a 40-bed freestanding comprehensive medical rehabilitation hospital, to be located in Hillsborough County, District 6, is dismissed. ; DONE and ORDERED this i day of fee , 2003, in Tallahassee, Florida. Sp ) ; << l f Lunes Rhonda M. Medows, MD, Secretary Agéncy for Health Care Administration | 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 OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES 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 RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Stephen A. Ecenia, Esquire, Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 (by U.S. Mail) James C. Hauser, Esquire Meta, Hauser, & Husband, P.A. 215 South Monroe Street, Ste. 420 Post Office Box 10909 Tallahassee, Florida 32301 (by U.S. Mail) David M. Maloney Administrative Law Judge Division of Administrative Hearings The' DeSoto. Building 1230 Apalachee Parkway Tallahassee, FL 323099-1550 (by U.S. Mail) Michael O. Mathis, Esq. MS #3 (by Interoffice Mail) Jeffrey Gregg MS #28 (by Interoffice Mail) Wendy Adams (by Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US. Mail, this /2- day of (tp. fae , 2003, to the above-named people. Gi desea s: Or AL YID LE Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 we | RECEIVED STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS GENERAL COUNSEL 7 MAR 25 @u3 CONTINENTAL MEDICAL OF PALM BEACH, INC. Petitioner, CASE NO. O13A0E0QY for Health CON NO. 943 - . , Care Administration AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a TAMPA GENERAL HOSPITAL and UNIVERSITY COMMUNITY HOSPITAL, INC. d/b/a UNIVERSITY COMMUNITY HOSPITAL, Intervenors. / AMENDED NOTICE OF VOLUNTARY DISMISSAL Continental Medical of Palm Beach, Inc. (“Continental”) hereby voluntarily dismisses its Petition for Formal, Administrative Hearing in the above-styled matter. This Amended Notice of Voluntary Dismissal is being filed to correct the CON No. which was incorrectly reflected as CON No. 9490 on the Notice of Voluntary Dismissal filed February 26, 2003 and which should have correctly reflected CON No. 9431. RESPECTFULLY SUBMITTED this Q) \ st day of March, 2003. PANZA, MAURER & MAYNARD, P.A. Attorneys for Petitioner Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, FL 33308 ' (954) 390-0100 FAX: (954) 390-7991 By: bcbrah S : Phat, THOMAS F. PANZA Florida Bar No.: 138551 DEBORAH S. PLATZ Florida Bar No.: 0051225 JENNIFER KUJAWA GRANER Florida Bar No. 907091 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been fax filed with the Honorable David M. Maloney, 850-921-6847, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060; and that a copy has been furnished to the following on this ole day of March, 2003: Michael O. Mathis, Esq. Senior Attorney Agency for Health Care Administration 2727.Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Elizabeth McArthur, Esq. Katz, Kutter, Alderman, Bryant & Yon, P.A. P. O. Box 1877 Tallahassee, FL 32302 (Attorney for Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital) James C. Hauser, Esq. Metz, Hauser & Husband, P.A. P. O. Box 10909 ' Tallahassee, FL 32302-2902 (Attorney for University Community Hospital, Inc. d/b/a University Community Hospital) By: _ beeran S ; hethy d n ‘JENNIFER KUJAWA GRANER FACLIENT\00053\01 -14083\PLEADING\Ntc Voluntary Dismissal.doc

Docket for Case No: 01-003299CON