STATE OF FLORIDA _ AGENCY FOR HEALTH CARE ADMINISTRATION =f TEN BROECK JACKSONVILLE, LLC d/b/a TEN BROECK HOSPITAL, Petitioner, Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and SHANDS JACKSONVILLE MEDICAL CENTER, INC., Intervenor. / oe SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC. d/b/a BAPTIST MEDICAL CENTER, Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK JACKSONVILLE, LLC d/b/a TEN BROECK HOSPITAL, Respondents, / FINAL ORDER DOAH CASE NC. 03-2809CON AHCA NO. 2003005117 gas DOAH CASE NO. 03-2826CON AHCA NO. 2003005111 THIS CAUSE concerns a Petition for Formal Administrative Hearing that the Petitioner, Ten Broeck Jacksonville, LLC d/b/a Ten Broeck Hospital (“Ten Broeck Hospital”), filed on July 18, 2003; and a Petition for Formal Hearing and to Intervene that the Petitioner, Southern Baptist Hospital of Florida, Inc. (“Southern Baptist”), filed on July 18, 2003. On July 31, 2003, both Petitions were forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On August 11, 2003, the Intervenor, Shands Jacksonville Medical Center, Inc. (“Shands Jacksonville”), filed a Petition to Intervene in DOAH Case No. 03-2809CON. On April 27, 2004, Ten Broeck Hospital filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Administrative Hearing in DOAH Case No. 03-2809CON. On April 29, 2004, Southern Baptist filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Hearing and to Intervene in DOAH Case No. 03-2826CON based upon Ten Broeck Hospital’s Notice of Voluntary Dismissal. On April 30, 2004, the Administrative Law Judge assigned to the cases issued an Order Closing Files based on the Notices of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: Both Ten Broeck Hospital’s and Southern Baptist’s Petitions are dismissed, Shands Jacksonville’s Petition to Intervene is dismissed as moot, and the Agency’s denial of CON application no. 9651 is upheld. “x DONE and ORDERED this pt day of | J VW~ , 2005, in Tallahassee, Florida. / —— ALAN LEVINE, 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 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 SEKRIIEESYSSA SO J HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this ZZ? day of Tea _, 2005. RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth W. Gieseking, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 Geoffrey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, Florida 32302-3068 Wendy Adams Facilities Intake Elizabeth Dudek Managed Care & Health Quality

Docket for Case No: 03-002826CON