STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ALIVE HOSPICE, INC., Petitioner, D> vs. Case No. 00-3226 zo CON No. 9339 : = AGENCY FOR HEALTH CARE ADMINISTRATION, and MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC., Respondents. / FINAL ORDER Met -t. 90 hy THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Maloney, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, also attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On September 15, 2000, Petitioner filed a Notice of Voluntary Dismissal. On September 18, 2000, Administrative Law Judge Maloney 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. 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. (1999). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Number 9339 is denied. DONE and ORDERED this 4A: th day of _( C, y, , 2000, in Tallahassee, Florida. Ruben J. King-Shaw, Secretary Agency for Health Care Administration 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: W. David Watkins Watkins & Caleen, P.A. Post Office Box 15828 Tallahassee, FL 32317-5828 Stephen A. Ecenia Rutledge, Ecenia, Purnell & Hoffman, P.A. Post Office Box 551 Tallahassee, FL 32302-0551 J. Robert Griffin J. Robert Griffin, P.A. 1435 East Piedmont Drive, Suite 210 Tallahassee, FL 32312 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Julie Gallagher General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 CON Office (AHCA) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this AZthaay of , 2000, to the above- named people. R.S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308 (850) 922-5865

Docket for Case No: 00-003226CON