STATE OF FLORIDA a AGENCY FOR HEALTH CARE ADMINISTRATION AM ERK 0 FEE =) P 4:53. Rieu SELECT SPECIALTY HOSPITAL - ST. LUCIE, INC. Petitioner, DOAH Case No. 06-0573CON AHCA No. 2006000734 vs. CON No. 9886 STATE OF FLORIDA, AGENCY FOR HEALTHCARE ADMINISTRATION, Respondent. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the “Agency") concerning Certificate of Need ("CON") Application No. 9886, filed by SELECT SPECIALITY HOSPITAL - ST. LUCIE, INC, (hereinafter "Select - St. Lucie") in the Second Batching Cycle of 2005, requesting a CON to establish a 44-bed long-term acute care hospital, which application was denied. Thereafter, Select - St. Lucie timely filed at the Division of Administrative Hearings ("DOAH") a Petition for Administrative Hearing with respect to the denial. On March 20, 2007, Select - St. Lucie filed its voluntary dismissal of the DOAH case. On March 21, 2007, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. } The voluntary dismissal by Select - St. Lucie and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9886 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 30% gay of SJanvary , 2008, in Tallahassee, Florida. ANDREW C. AGWUNOBI, M.D., 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 RICHARD J. SHOOP, Agency Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #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 Mark A. Emanuele, Esquire Michael H. Nullman, Esquire Panza, Maurer, & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorneys for Select Specialty Hospital - St. Lucie, Inc. M, Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant, P.A, Post Office Box 1110 Tallahassee, Florida 32302 Attorney for Kindred Hospitals East, LLC Sandra E. Allen, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 06-000573CON