Petitioner: ADVENTIST HEALTH SYSTEM, SUNBELT, INC., D/B/A FLORIDA HOSPITAL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 29, 2001.
Latest Update: Jan. 10, 2025
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION lee 29,
ADVENTIST HEALTH SYSTEM/SUNBELT, ar
INC., d/b/a FLORIDA HOSPITAL, ADMINIS:
HEAR
Petitioner,
vs. , Case No. 01-0299
STATE OF FLORIDA, AGENCY FOR HEALTH
CARE ADMINISTRATION, nm \Y)
Respondent,
and
ORLANDO REGIONAL HEALTHCARE SYSTEM,
INC.,
Intervenor.
FINAL ORDER
THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an
order of Administrative Law Judge David Maloney, 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 23, 2001, Petitioner filed its Notice of . Voluntary Dismissal. On
August 29, 2001, 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.
TRE PE ETE wee
renee
SPURT RRR Co ee ree
CRT PEE creer
“er wr
uk a
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) Application
Numbers 9387 to establish a pediatric open-heart surgery program, and 9388 to establish a
pediatric cardiac catheterization program at Florida Hospital in Orange County , AHCA District
7, are denied.
DONE and ORDERED this D saygXcorn beer 200, in 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:
James M. Barclay, Esq,
Ruden, McClosky, Smith, Schuster
& Russell, P.A.
215 South Monroe Street
Suite 815
Tallahassee, Florida 32301
TORR OO ORT ERE Sr RTE TEER ©
3
3
E
i
L
i:
f
te
E
;
Hi
i
E
é
ies il
Steven R. Bechtel, Esq.
Mateer & Harbert, P.A.
225 East Robinson Street, Suite 600
P.O. Box 2854
Orlando, Florida 32802-2854
Stephen K. Boone, Esq.
Boone, Boone, Boone, Hines
& Koda, P.A.
1001 Avenida Del Circo
P.O. Box 1596
Venice, Florida 34284
John F. Gilroy
Senior Counsel
Agency for Health Care Administration -
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
David M. Maloney
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 | A day of | ¥CEM bee 2001, to the above-named people.
-s, Agency Clerk
_ Agency for Health Care Administration
aren
. 2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 922-5873
TE RRR EEE I NFER ERROR TREO RR SRNR ge
St siead
COR orem me rer mre aggre crm
— " Oleq
tT RECEIVED LEGAL
STATE OF FLORIDA e i oe i
DIVISION OF ADMINISTRATIVE HEARINGS
SeP 0-4 RECO
01 BEC 20 AM IO: SReency tor Heaitn
ADVENTIST HEALTH
SYSTEM/SUNBELT, INC., d/b/a
FLORIDA HOSPITAL,
Petitioner,
vs.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent,
and
ORLANDO REGIONAL HEALTHCARE
SYSTEM, INC.,—
wee eS Se SS HS He eS HS SS LS LS LLL
Intervenor.
' : ORDER CLOSING FILE
ned on
: . This cause having come before the unc
being fully advised, it is, therefore,
ORDERED that:
: October 22 through 26 and October 29 through November
is hereby cancelled.
Care Administration
Case No. 01-0299CON
Notice of
Voluntary Dismissal, filed August 27, 2001, and the undersigned
1. The final hearing in this cause scheduled for
2, 2001,
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed.
whi
.
OORT TRE rrr rR or RR Ie ne
SOR ERT EERE OEE
mek
dha
Si
fhe this.
Stephen K. Boone, Esquire
Boone, Boone, Boone, Hines
& Koda, P.A.
1001 Avenida Del Circo
Post Office Box 1596
Venice, Florida 34284
John- F. Gilroy, III, Esquire
Agency for Health Care Administration
2727 Mahan Drive
Fort Knox Building Three, Suite 3431
Tallahassee, Florida 32308
seta alg wi, ciel ae
we
id aati
I ee
_ ORLANDO REGIONAL HEALTHCARE
ADVENTIST HEALTH SYSTEM/SUNBELT,
INC., d/b/a FLORIDA HOSPITAL,
Petitioner,
vs. Case No. 01-0299
AGENCY FOR HEALTH CARE
ADMINISTRATION, —
Respondent,
and
SYSTEM, INC., "2 i
Intervener.
/. NOTICE OF VOLUNTARY DisMisSAt’ ‘|
YOu ARE NOTIFIED that Petitioner, ADVENTIST HEALTH SYSTEM/SUNBELT -
INC., d/b/a F LORIDA HOSPITAL, by and through its undersigned attorneys, hereby dismisses
its action with prejudice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original and one copy of the foregoing have been sent by
U.S. Mail to David M. Maloney, Administrative Law Judge, Division of Administrative
Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399, anda
copy to James M. Barclay, Esquire, Ruden, McClosky, Smith, Schuster & Russell, P.A., 215 S.
Monroe Street, Suite 815, Tallahassee,:Florida 32301, Steven R: Bechtel, Esquire, 225 E.
Robinson Street, Suite 600, Post Office Box 2854, Orlando, FL 32802-2854, and Richard A.
Patterson, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, Building 3,
Tallahassee, Florida 32803, this 2” day of August, 2001,
BOQNE, BOONE, BOONE. HINES & KODA, PA., ATTORNEYS AT LAW, VENICE, FLORIDA _
lid i El ee ee es
ae)
Cee ree ee a ere
ik,
F2-8004/voldism
BOONE, BOONE,gBOONE, HINES & KODA P.A.
Stephen K. Boone
Florida Bar Number 371068
1001 Avenida del Circo
P.O. Box 1596
Venice, Florida 34284
Telephone: (941) 488-6716"
Counsel for Petitioner,
Adventist Health System/
Sunbelt, Inc. d/b/a Florida Hospital
BOQNE, BOONE, BOONE, HINES & KODA, PA., ATTORNEYS AT LAW, VENICE, FLORIDA _
CPR me eR RRR ETI RRR te oo
TREE RECENT PE PE SRE RR EY IE ONE FIT RN RRR RES RA Fn
Docket for Case No: 01-000299CON
Issue Date |
Proceedings |
Dec. 20, 2001 |
Final Order filed.
|
Aug. 29, 2001 |
Notice of Cancellation of Deposition, M. Kelly filed.
|
Aug. 29, 2001 |
Order Closing File issued. CASE CLOSED.
|
Aug. 28, 2001 |
Notice of Appearance and Substituion of Counsel (filed by Respondent via facsimile).
|
Aug. 27, 2001 |
Notice of Voluntary Dismissal filed by Petitioner.
|
Jul. 16, 2001 |
Lakeside Alternative`s First Notice to Produce to Adventist Health System/Sunbelt, Inc. (filed via facsimile).
|
Apr. 30, 2001 |
Order issued (Intervenor`s Motion in Limine is denied).
|
Apr. 16, 2001 |
Notice of Rescheduled Deposition Duces Tecum (filed via facsimile).
|
Apr. 12, 2001 |
Notice of Hearing (telephone conference set for April 24, 2001 at 2:00 p.m.) filed by Intervenor.
|
Apr. 10, 2001 |
Notice of Cancellation of Taking Deposition (Videotape) 4 filed.
|
Apr. 10, 2001 |
Notice of Cancellation of Deposition (Dr. T. Carson) filed.
|
Apr. 06, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for October 22 through 26 and October 29 through November 2, 2001; 9:00 a.m.; Tallahassee, FL).
|
Apr. 04, 2001 |
Motion for Continuance (filed by Petitioner via facsimile).
|
Apr. 03, 2001 |
Notice of Taking Deposition (Videotape) filed by Intervenor.
|
Apr. 02, 2001 |
Response to Intervener`s Motion in Limine filed by Petitioner.
|
Apr. 02, 2001 |
Notice of Taking Deposition (Videotape) filed by Intervenor.
|
Mar. 27, 2001 |
Notice of Taking Deposition (Videotape) 3 filed.
|
Mar. 19, 2001 |
Revised Notice of Taking Deposition Duces Tecum (of Henry Hayes) filed.
|
Mar. 19, 2001 |
Notice of Taking Deposition Duces Tecum (of M. C. Carroll) filed.
|
Mar. 19, 2001 |
Revised Notice of Taking Deposition Duces Tecum (Kathy Grace) filed.
|
Mar. 19, 2001 |
Intervenor`s Motion in Limine and Request for Oral Agrument filed.
|
Mar. 19, 2001 |
Notice of Taking Deposition Duces Tecum (of Dr. Thomas Carson) filed.
|
Mar. 19, 2001 |
Notice of Taking Deposition Duces Tecum (Margo Kelly filed via facsimile).
|
Mar. 16, 2001 |
Revised Preliminary Witness List of Intervenor, Orlando Regional Healthcare System, Inc. (filed via facsimile).
|
Mar. 16, 2001 |
Second Revised Preliminary Witness List of Intervenor, Orlando Regional Healthcare System, Inc. filed.
|
Mar. 15, 2001 |
Notice of Taking Deposition Duces Tecum filed by James Barclay.
|
Mar. 15, 2001 |
Notice of Taking Deposition Duces Tecum (filed by Stephen Boone).
|
Mar. 14, 2001 |
Notice of Taking Deposition Duces Tecum 6 filed by S. Bechtel
|
Mar. 12, 2001 |
Intervenor`s Response to First Request for Production of Documents filed.
|
Mar. 01, 2001 |
Letter to R. Patterson from S. Boone In re: notice of deposition filed.
|
Feb. 23, 2001 |
Notice of Taking Deposition Duces Tecum filed by Petitioner
|
Feb. 23, 2001 |
Preliminary Witness List of Intervenor, Orlando Regional Healthcare System, Inc. filed.
|
Feb. 22, 2001 |
Notice of Taking Deposition Duces Tecum filed by Petitioner
|
Feb. 22, 2001 |
Adventist Health System/Sunbelt, Inc., d/b/a Florida Hospital Preliminary Witness List filed.
|
Feb. 14, 2001 |
Order Granting Intervention issued (Orlando Regional Healthcare System, Inc.).
|
Feb. 12, 2001 |
Notice of Taking Deposition Duces Tecum filed.
|
Feb. 07, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 07, 2001 |
Notice of Hearing issued (hearing set for April 17 through 20 and 23 through 27, 2001; 9:00 a.m.; Tallahassee, FL).
|
Feb. 05, 2001 |
Response to Initial Order filed by Petitioner.
|
Feb. 05, 2001 |
First Request for Production of Documents filed.
|
Jan. 24, 2001 |
Initial Order issued.
|
Jan. 23, 2001 |
Petition for Formal Administrative Hearing filed.
|
Jan. 23, 2001 |
Orlando Regional Healthcare System, Inc.`s Petition to Intervene (filed by J. Barclay).
|
Jan. 23, 2001 |
Notice (of Agency referral) filed.
|