FILED STATE OF FLORIDA agent A AGENCY FOR HEALTH CARE ADMINISTRATION *ENCY CLERK 2087 AUG -9 1 ‘THE NEMOURS FOUNDATION, AOE Petitioner, DOAH Case No. 07-0618CON AHCA No. 2007000735 vs. CON No. 9939 STATE OF FLORIDA, AGENCY FOR DOAH Case No. 07-0619CON HEALTH CARE ADMINISTRATION, AHCA No. 2007000739 CON No. 9953 and DOAH Case No. 07-0620COB3 ORLANDO REGIONAL HEALTHCARE AHCA No. 200700073 = “Fl SYSTEM, CON No. 9952 & a one ae oO : Intervenors. ZnS > ee | / Ee an) ms nN OQ FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Applications Nos. 9939, 9952 and 9953, which were filed by The Nemours Foundation (hereinafter "Nemours") in the Second Batching Cycle of 2006, requesting a CON for a new 82-bed acute care class II children’s hospital; a new 5-bed Level II Neonatal Intensive Care Unit; and a new 8-bed Level III Neonatal Intensive Care Unit. All of the applications were denied. Thereafter, Nemours timely filed Petitions for Formal Administrative Hearings with respect to the denials, which were forwarded by the Agency Clerk to the Division of Administrative Hearings (“DOAH"”) and the cases were consolidated. On June 20, 2007, Nemours filed its voluntary dismissal of the consolidated DOAH cases. On June 21, 2007, an Order Closing Files was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Nemours and the Order Closing Files by DOAH are hereby acknowledged and accepted. 2. CON Applications Nos. 9939, 9952, and 9953 are hereby denied. 3. The above-styled cases are hereby closed. DONE and ORDERED this 8% day of __Rreguse 2007, in Tallahassee, Florida. ANDREW C7AGWUNOBI, 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 named below on this 7 day of Asis , 1 200r 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: D. M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building, 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 F. Philip Blank, Esquire Blank, Meenan & Dunphy, P.A. 204 South Monroe Street Tallahassee, Florida 32301 (Attorney for Orlando Regional Healthcare System) Thomas F. Panza, Esquire Deborah S. Platz, Esquire Christopher Edward Palamara, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308-6225 (Attorney for The Nemours Foundation) Karin M. Byrne, 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: 07-000619CON