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NORTH BROWARD HOSPITAL DISTRICT vs AGENCY FOR HEALTH CARE ADMINISTRATION, 06-002734CON (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002734CON Visitors: 21
Petitioner: NORTH BROWARD HOSPITAL DISTRICT
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 28, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 23, 2008.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA PH ert oP DIVISION OF ADMINISTRATIVE HEARINGS| 8 Co i. if 1G EN A133 208 JN “5 Alt oy NORTH BROWARD HOSPITAL D SIVISIO my Ur ISTRICT, ADHIN SIRATIVE Petitioner, Case No. 06-2 AHCA No. 2006006689 vs. CON No. 9920 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and SOUTH BROWARD HOSPITAL DISTRICT; COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD d/b/a WESTSIDE REGIONAL MEDICAL CENTER; and PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL, Intervenors. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No, 9920, which was filed by NORTH BROWARD HOSPITAL DISTRICT (hereinafter “NBHD”) in the First Batching Cycle of 2006, requesting a CON to establish a Class I general hospital of 144 acute care beds. The application was denied. Thereafter, NBHD timely filed a Petition for Formal Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings (‘DOAH”). Existing providers South Broward Hospital District, Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center and Plantation General Hospital, L.P. d/b/a Plantation General Hospital intervened in the case. On April 22, 2008, NBHD filed its voluntary dismissal of the DOAH case. On April 23, 2008, an Order Closing File was issued by DOAH as a result of NBHD’s voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by NBHD and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9920 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 3 day of one , 2008, in Tallahassee, Florida. OLL NSON, 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. Mail or interoffice mail to the persons named below on this _&# = gay of C¥ene _, 2008. RICHARD J. SHOOP, Agency Clerk 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, FL 32399-3060 W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins & Associates, P. A. Post Office Box 15828 Tallahassee, FL 32317 Attorneys for North Broward Hospital District Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, FL 32302-0551 Attorneys for Plantation General Hospital, L.P. d/b/a Plantation General Hospital & Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center F, Philip Blank, Esquire Blank & Meehan, P.A. 204 South Monroe Street Tallahassee, FL 32301 Attorney for South Broward Hospital District Sandra E. Allen, Esquire Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, FL 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, FL 32308 (By Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, FL 32308 (By Interoffice Mail)

Docket for Case No: 06-002734CON
Issue Date Proceedings
Jun. 05, 2008 Final Order filed.
Apr. 23, 2008 Order Closing File. CASE CLOSED.
Apr. 22, 2008 North Broward Hospital District`s Notice of Voluntary Dismissal filed.
Jan. 18, 2008 Notice of Appearance (filed by L. Novak).
Jun. 04, 2007 Amended Order of Pre-hearing Instructions.
Jun. 01, 2007 Notice of Filing Proposed Order of Pre-hearing Instructions filed.
May 02, 2007 Order (within 30 days of this Order, parties shall file a proposed order of pre-hearing instructions).
May 02, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 8 through 12, 15 through 19, 22 through 26, 29, and 30, 2008; 9:00 a.m.; Tallahassee, FL).
May 01, 2007 Unopposed Motion for Continuance filed.
Oct. 02, 2006 Notice of Change of Address filed by W. Watkins.
Sep. 29, 2006 Amended Order of Pre-Hearing Instructions.
Sep. 22, 2006 Order (proposed order is adopted and incorporated by reference except that "impeachment" is inserted in place of "rebuttal" in paragraph 8. (c) and (d).
Sep. 21, 2006 Proposed Order of Pre-hearing Instructions filed.
Sep. 21, 2006 Notice of Filing Proposed Order of Pre-hearing Instructions filed.
Sep. 20, 2006 Notice of Change of Firm Name filed.
Aug. 22, 2006 Order (within 30 days of the Order the parties shall file a proposed order of pre-hearing instructions).
Aug. 22, 2006 Notice of Hearing (hearing set for September 5 through 7, 10 through 14, 17 through 21 and 24 through 28, 2007; 9:00 a.m.; Tallahassee, FL).
Aug. 21, 2006 Joint Response to Initial Order filed.
Aug. 17, 2006 Order Granting Petition to Intervene (Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center and Plantation General Hospital, L.P., d/b/a Plantation General Hospital)
Aug. 16, 2006 Plantation General Hospital, L.P. and Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center`s Petition to Intervene filed.
Aug. 15, 2006 Order Granting Petition to Intervene (South Broward Hospital District).
Aug. 14, 2006 Joint Motion for Extension of Time to Respond to Initial Order filed.
Jul. 31, 2006 Initial Order.
Jul. 28, 2006 State Agency Action Report CON Application for Certificate of Need filed.
Jul. 28, 2006 Petition for Formal Administrative Proceeding filed.
Jul. 28, 2006 South Broward Hospital District`s Petition to Intervene filed.
Jul. 28, 2006 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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