mee sy STATE OF FLORIDA , AGENCY FOR HEALTH CARE ADMINISTRATION = 227 [hk 02 HERNANDO HMA, INC. d/b/a BROOKSVILLE REGIONAL HOSPITAL, Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH Case No. 01-3297CO CARE ADMINISTRATION, CON NO. 9420; “444 wo Case No. 01-3298CON_ - a) LL Respondent, CON NO. 9419 tye (7 / Cee secs 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 cases, it appearing from the Petitioner’s Notices of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On June 5, 2002, for DOAH Case No. 01-2873CON, on August 20, 2002, for DOAH Case No. 01-3297CON, and on August 23, 2002, for DOAH Case No. 01-3298CON, Petitioner filed its Notice of Voluntary Dismissal. On June 13, 2002, for DOAH Case No. 01- 2873CON, on August 21, 2002, for DOAH Case No. 01-3297CON, and on August 26, 2002, for~ DOAH Case No. 01-3298, Administrative Law Judge Maloney entered the Order Closing File 2. The Agency hereby adopts and incorporates by reference the attached Notices of Voluntary Dismissal and Orders Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agéncy 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 cases are DISMISSED and Certificate of Need (CON) Application Number 9421 to establish an adult open-heart surgery program in AHCA District 3 is denied, Certificate of Need (CON) Application Number 9420 to establish an adult open-heart surgery program in Citrus County, AHCA District 3 is denied, and Certificate of Need (CON) Application Number 9419 to establish an adult open-heart surgery program in Hernando County, AHCA District 3 is denied. DONE and ORDERED this_23 day of September 2002, in Tallahassee, Florida. onda M. Medows, MD, 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: Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 P.O. Box 551 Tallahassee, Florida 32302-0551 Michael J. Cherniga, Esq. Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 James C. Hauser, Esq. Metz, Hauser & Husband, P.A. P.O. Box 10909 Tallahassee, Florida 32302-2902 Joanna Daniels Assistant General Counsel AHCA, Mail Stop #3 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office AHCA, Mail Stop #28 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by COcrolOe U.S. Mail, this l