STATE OF FLORIDA a PS AGENCY FOR HEALTH CARE ADMINISTRATION”), fh & 2088 wig 52 2 SELECT SPECIALTY HOSPITAL-LAKE, CLsy yo INC., EERO. Hn Le S OE, Petitioner, DOAH Case No. 07-0595CON” AHCA Case No. 2007000730 vs. : CON No. 9935 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / PROMISE HEALTHCARE OF FLORIDA III, INC., Petitioner, DOAH Case No. 07-0596CON AHCA Case No. 2007000891 vs. CON Nos. 9934 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9935, which was filed by SELECT SPECIALTY HOSPITAL- LAKE, INC., (hereinafter “Select-Lake”) and Certificate of Need (“CON”) Application No. 9934, which was filed by PROMISE HEALTHCARE OF FLORIDA III, INC. (hereinafter "Promise") in the Second Batching Cycle of 2006, requesting a CON to establish a long-term care hospital. The applications were denied. Thereafter, Select-Lake and Promise each timely filed a Petition for Formal Administrative Hearing with respect to the denials, which were forwarded by the Agency Clerk to the Division of Administrative Hearings (“DOAH"). On March 11, 2008, Promise filed its voluntary dismissal of the DOAH case. On March 18, 2008, Select-Lake filed its voluntary dismissal of the DOAH case. On March 12, 2008, an Order Closing File was issued by DOAH as a result of Promise’s voluntary dismissal. On March 19, 2008, an Order Closing File was issued by DOAH as a result of Select-Lake’s voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissals by Select-Lake and Promise and the Orders Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application Nos. 9934 and 9935 are hereby denied. 3. The above-styled cases are hereby closed. ) DONE and ORDERED this _2.3" day of fos { , 2008, in Tallahassee, Florida. Berets HOLLY BENSON, 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 ZS day of April , 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, Florida 32399-3060 F. Philip Blank, Esquire Blank & Meenan, P.A. 204 South Monroe Street Tallahassee, Florida 32301 Attorney for Promise Healthcare of Florida, III, Inc. Mark A. Emanuele, Esquire Panza, Maurer & Maynard P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorney for Select Specialty Hospital - Lake, Inc. Sandra E. Allen, Esquire Lorraine M. Novak, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (By Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 07-000595CON