; STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION = 213 C2 SOUTH MIAMI HOSPITAL, INC., eae Petitioner, vs. Case No. 01-3293CON ~¥ CON NO. 9461 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, rs p - C [ noe L on and VARIETY CHILDREN’S HOSPITAL, d/b/a MIAMI CHILDREN’S HOSPITAL, Intervenor. / a FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Florence Snyder Rivas, 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 15, 2002, Petitioner filed its Notice of Voluntary Dismissal. On April 16, 2002, Administrative Law Judge Rivas 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 disputes in this case. 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 9461 to establish a six bed Level III NICU in Dade County, AHCA District 11 is denied. DONE and ORDERED this 3 © _ day of May, 2001, in Tallahassee, Florida. a7 L agele_fa — 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: Frank P. Rainer, Esq. Sternstein, Rainer & Clarke, P.A. 101 North Gadsden St. Tallahassee, Florida 32301-7606 Robert A. Weiss, Esq. . Parker, Hudson, Rainer & Dobbs, LL 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 Florence Snyder Rivas Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office Mail Stop #28 CERTIFICATE OF SERVICE Cent 4)is J HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Ju ne USS. Mail, this ae day of May, 2001, to the above-named people. Deak An Chae "ez, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873

Docket for Case No: 01-003293CON