STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS COMPASSIONATE CARE HOSPICE OF FLORIDA, INC., Petitioner, Case No. 08-1639CON AHCA No. 2008003934 vs. CON No. 10000 STATE OF FLORIDA, AGENCY FOR ; - ; HEALTH CARE ADMINISTRATION, Sm “y r,. & Respondent 2a es poneen™ CES np Bere, a / BP, Vo GES FINAL ORDER « @% THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 10000, which was filed by COMPASSIONATE CARE HOSPICE OF FLORIDA, INC. (hereinafter “CCH”) in the Second Batching Cycle of 2007, requesting a CON to establish a hospice program. The application was ( \denied. Thereafter, CCH 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"). On April 10, 2008, CCH filed its voluntary dismissal of the DOAH case. On April 14, 2008, an Order Closing File was issued by DOAH as a result of CCH’s voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by CCH and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 10000 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 30” day of Pxpct\ , 2008, in Tallahassee, Florida. 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. Mail or interoffice mail to the persons 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: David M. Maloney 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 Compassionate Care Hospice of Florida, Inc. Michael J. Glazer, Esquire Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, FL 32302 Attorney for Adventa Hospice Services of Florida, Inc. Robert D. Newell, Esquire Newell Terry & Douglas PA 817 North Gadsden Street Tallahassee, FL 32303-6313 Attorney for Halifax Hospice, Inc. d/b/a Hospice of Volusia-Flagler R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, FL 32302 Attorney for North Central Florida Hospice, Inc. d/b/a Haven Hospice 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 HCR Manor Care Services of Florida, Inc. Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith & Associates 2873 Remington Green Circle Tallahassee, FL 32308 Attorneys for Vitas Healthcare Corporation of Central Florida, 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, 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: 08-001639CON