ssl STATE OF FLORIDA 8 AGENCY FOR HEALTH CARE ADMINISTRATION o a oo ie 20 ay SAINT PETERSBURG EPISCOPAL COMMUNITY, BODE : INC., ; A OMNIS inva ve Apatite Petitioner, “ARINGS vs. Case No. 99-4342CON CON NO. 9201 _ STATE OF FLORIDA, AGENCY FOR HEALTH . CARE ADMINISTRATION, a Mu Respondent, _ and MANOR CARE OF DUNEDIN, INC., MANOR CARE OF FLORIDA, INC., and HEALTH CARE AND RETIREMENT CORPORATION OR AMERICA, Intervenors. FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Eleanor Hunter, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1, On August 15, 2001, Petitioner filed its Notice of Voluntary Dismissal. On August 17, 2001, Administrative Law Judge Hunter entered the Order Closing File 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 3. There are no remaining disputed issues of fact or law. isa iss CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2001). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Number 9201 to replace and relocate a 161-bed community nursing home in Pinellas County, District 5, Subdistrict 5-1, is denied. DONE and ORDERED this WA day oe cern hIEbbe +4 Tallahassee, Florida. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES AS 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 RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Alfred W. Clark, Esq. 117 South Gadsden Street, Suite 201 P.O. Box 623 Tallahassee, Florida 32301-0623 Peter A. Lewis, Esq. Goldsmith, Grout & Lewis, P.A. 307 West Park Avenue oe oer weprre coepe ey fake a oti. ae bac John F. Gilroy Senior Counsel Agency for Health Care Administration’ 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Eleanor. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this i4 day of | ECE MDE. , 2001, to the above-named people. ) , _ - Chis Clere Thou for ct “.. ~ Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 TOR PRD Tr rrresrmmee cea eee Por erie ne re ee os geren TERR SR ee rpm pe cage TE ee AHS lye QUST TY UOmM We ouLS STATE OF FLORIDA fv}! DIVISION OF ADMINISTRATIVE HEARIN SAINT PETERSBURG EPISCOPAL COMMUNITY, INC., Petitioner, VS. Case No: 99-4342CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, MANOR CARE OF DUNEDIN, INC., MANOR CARE OF FLORIDA, INC., and HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, Intervenors. / eee NOTICE OF DISMISSAL The Petitioner, Saint Petersburg Episcopal Community, Inc., by and through the undersigned counsel, hereby gives notice of the dismissal of this matter. PETER A. LEWIS a iD: eG a GOLDSMITH, GROUT & LEWIS, P.A. wi | ly 307 West Park Avenue, Suite 200 sj P.O. Box 1017 AUG 4-5 200} Tallahassee, Florida 32302-1017 Phone: (850) 222-1745 AGENCY FOR HEALTH CARE Fax: (850) 222-0708 ADMINISTRATION-LEGAL itl ll i a ae eee ee id ae Alle-ld+ GJU1 1U.OdAM CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Richard A. Patterson, Esquire, Counsel for the Agency for Health Care Administration and Alfred W. Clark, Esquire, Counsel for the Intervenors by U.S. Mail on this the 15" day of August, 2001, PETER ATLEWIS GOLDSMITH, GROUT & LEWIS, P.A. 307 West Park Avenue, Suite 200 P.O. Box 1017 Tallahassee, Florida 32302-1017 Phone: (850) 222-1745 Fax: (850) 222-0708 CFR emer org SOR mn ENR a Al Od i ee * ATE. 13. CUIL 1 USO8AM Tec FACSIMILE TRANSMISS OF JON. 20 ANIC: 57 GOLDSMITH, GROUT, and LEWIS Shia 28 OF 307 West Park Avenue, Suite 200° yj) (MQ VE P.O. Box 1017 Tallahassee, Florida 32301-1017 Voice (850) 222-1745: Facsimile (850) 222-0708 Date: Ko) | LS lol . . Pages (including cover sheet): ro) To. Ric . 21 . From: Leos Fax #: 413-Gp A Subj ect: . Notes: CONFIDENTIALITY NOTE The documents accompanying this telecopy transmission contains information which is confidential on this transmission sheet. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or use of this telecopied information is strictly probibited. IF you have received this telecopy in error, please notify us by telephone immediately so that we cin arrange for the retrieval of the original documentat no cost to you. Receipt by anyone other than the intended recipientis not a waiver of any atromey or work product privilege. and pzivileged. The information is intended only to be for the use of the individual or entity named : | aro oe 2 RR RR Om RT i od er amee Cann S Seto Stan eS STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SAINT PETERSBURG EPISCOPAL ) COMMUNITY, INC., ) ) Petitioner, ) : ) . vs. ) Case No. 99-4342CON i ) AGENCY FOR HEALTH CARE ) f ADMINISTRATION, ) k ) . . . Respondent, RECEIVED LEG AL. : and ) wen Qe Sy . BZ: oth . ) lige & i MANOR CARE OF DUNEDIN, INC.; ) Agency for Health . MANOR CARE OF FLORIDA, INC.; ) Carg/Administration . and HEALTH CARE AND RETIREMENT ) , . CORPORATION OF AMERICA,, ) ) Intervenors. ) ) ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Dismissal, filed August 15, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed.

Docket for Case No: 99-004342CON