STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION CCT th G2 WINTER HAVEN HOSPITAL, INC., pepo! Petitioner, 2) if - vs. Case No. 01- om14cont? 2p AS CON NO. 9435 ¢[.@58 A e STATE OF FLORIDA, AGENCY FOR HEALTH = CARE ADMINISTRATION, io 2 Respondent, wn e and LAKELAND REGIONAL MEDICAL CENTER, 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 M. 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 April 2, 2002, Petitioner filed its Notice of Voluntary Dismissal. On April 4, 2002, 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. 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 Number 9435 to construct an adult open-heart surgery program in Polk County, AHCA District 6 is denied. DONE and ORDERED this 24 day of Seplemshy200?, in Tallahassee, Florida. . , Secretary gency 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: Jonathan L. Rue, Esq. Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, Northeast Atlanta, Georgia 30303 W. David Watkins, Esq. Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 P.O. Box 15828 Tallahassee, Florida 32317-5828 Robert A. Weiss, Esq. Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, Florida 32301 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 USS. Mail, this | day of ( \ Holo ; 2002, to the above-named people. ono _Wnatpoom {6 Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 JFG/sr Apr-02-02 02:29P Watkins and Caleen PA 850 671 2732 WINTER HAVEN HOSPITAL, INC., Petitioner, CASE NO, 01-2714CON “ CONNO. 9435 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and LAKELAND REGIONAL MEDICAL CENTER, INC. intervenor. / WINTER HAVEN HOSPITAL, INC’S WINTER HAVEN HOSPITAL, INC., by and through its undersigned counsel, hereby gives notice of the voluntary dismissal of its Petition for Formal Administrative Proceeding filed June 13, 2001 in Case Number 01-2714-CON. RESPECTFULLY SUBMITTED this 2nd day of April, 2002. W. DAVIDIWATKINS . Florida Bar No. 437190 WATKINS & CALEEN, P.A. 1725 Mahan Drive, Suite 201 P.O. Box 15828 . Tallahassee, FL 32317-5828 (850) 671-2644 Counsel for Winter Haven Hospital, Inc. Apr-O2-02 02:29P Watkins and Caleen PA 850 671 2732 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by U.S. Mail to the addressees below, this 2nd day of April 2002: John F. Gilroy, Esq. Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building 3, Suite 3431 Tallahassee, Florida 32308-5403 Karen A. Putnal, Esq. Parker, Hudson, Rainer & Dobbs, LLP 118 N. Gadsden Street, 2™ Floor Tallahassee, FL 32301 Jonathan L. Rue, Esq. John H. Parker, Esq. Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue N.E. Atlanta, GA 30303 W. DAVIDIWATKINS -O3 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS WINTER HAVEN HOSPITAL, INC., Petitioner, vs. Case No. 01-2714CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and LAKELAND REGIONAL MEDICAL CENTER, INC., Intervenor. ORDER CLOSING FILE This cause having come before the undersigned on Winter Haven Hospital, Inc.'s Notice of Voluntary Dismissal, filed April 2, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for May 1 through 3, 6 through 10 and 13 through 16, 2002, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE_AND ORDERED this 4th day of April, 2002, in Tallahassee, Leon County, Florida. DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of April, 2002. COPIES FURNISHED: John F. Gilroy, III, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308-5403 Jonathan L. Rue, Esquire Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, Northeast Atlanta, Georgia 30303 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828 Robert A. Weiss, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, Florida 32301

Docket for Case No: 01-002714CON