STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HOPE OF SOUTHWEST FLORIDA, INC., Petitioner, DOAH No. 04-3855CON AHCA No. 2004008890 vs. CON No. 9794 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF SOUTHWEST FLORIDA, INC., Intervenors. FINAL ORDER THIS CAUSE concerns the Petition for Formal Administrative Proceedings that Petitioner, Hope of Southwest Florida, Inc. (“Hope”), filed on September 27, 2004. On October 26, 2004, the Petition was forwarded to the Division of Administrative Hearings (“DOAH”), by the Agency and assigned to an Administrative Law Judge. | A Petition to Intervene was filed by Hospice of Southwest Florida, Inc. on October 26, 2004, which was granted by the ALJ on November 1, 2004, The Petitions above are related to the Agency’s denial of Certificate of Need Application 9794. On April 3, 2006, Petitioner Hope filed a Notice of Voluntary Dismissal of its Petition. On April 4, 2006, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings pending before the Agency is hereby closed. The Agency’s denial of Certificate of Need Application 9794 is upheld. DONE and ORDERED this /7 “Gay of J te, , 2008 in Tallahassee, Florida. Cette, Cele wes CHRISTA CALAMAS, 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 I 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 Zt Gay of EZ , 2066 RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Sandra E. Allen, Esquire Agency for Health Care Administration Interoffice Mail Janice Mills Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail

Docket for Case No: 04-003855CON