STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION PUNTA GORDA H.M.A., INC. Petitioner, Case No. 02-3238CON AHCA no. 2002045598 vs. CON 9550 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, ~~ o i=) ~ FAWCETT MEMORIAL, INC., d/b/a =e o& FAWCETT MEMORIAL HOSPITAL, Por N my}. co os baa Intervenor. ; G22> x / : wo r = an FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Eleanor M. Hunter, 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. F FINDINGS OF FACT 1, On January 2, 2003, Petitioner filed its Notice of Voluntary Dismissal. On January 13, 2003, Administrative Law Judge Eleanor M. Hunter 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: Punta Gorda H.M.A. Inc.’s, petition challenging the denial of Certificate of Need (CON) Application number 9550, which sought to construct a new 75-bed acute care hospital, to be located in Charlotte Regional Medical Center, Charlotte County, District 8, Subdistrict 1, through the transfer of 75 beds from Charlotte Regional Medical Center is dismissed. DONE and ORDERED isco’, day of _FebRUALY _, 2003, in Tallahassee, Florida. FJ , MD, Secretary ' Agency 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. Post Office Box 10909 Tallahassee, Florida 32301 (by U.S. Mail) Eleanor M. Hunter 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) Weridy Adams (by Interoffice Mail) CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this ZL day on borin f&__, 2003, to the above-named people. a) \ MM/mm ) oy nladua meres «. ¥. Lealand McCharen, os a Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS — aug PM i PUNTA GORDA H.M.A., INC., : i Petitioner, AMSA @ | VS. CASE NO. 02-3238 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. HMA’S NOTICE OF VOLUNTARY DISMISSAL Punta Gorda H.M.A., Inc. (“HMA”), hereby voluntarily dismisses its Petition filed in the above-captioned proceeding. Respectfully submitted, JAMES C, HAUSER Florida Bar No. 279846 Metz, Hauser & Husband, P.A. Post Office Box 10909 Tallahassee, FL 32302 (850) 205-9000 (850) 205-9001 (fax) Attorney for HMA CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original and a copy of the foregoing has been furnished by U.S. Mail to the Division of Administrative Hearing, and a copy has been furnished by U.S. Mail to all counsel of record, this 2"4 day of January, 2003. \|e f JAMES. HAUSER

Docket for Case No: 02-003238CON