FILED STATE OF FLORIDA £5 39 02 AGENCY FOR HEALTH CARE ADMINISTRATION SHCA CEFARTMFNT CLERK WUESTHOFF MEMORIAL HOSPITAL, INC, Petitioner, vs. DMM 4 Leaecf Case No. 02-0883CON CON NO. 8740 - MODIFICATION STATE OF FLORIDA, AGENCY FOR HEALTH fp CARE ADMINISTRATION, Respondent, FINAL ORDER 6 KY of Sty oy ; o in THIS CAUSE CAME before me for the purpose of issuing a final agency order, ujf%h 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 May 29, 2002, Petitioner filed its Notice of Voluntary Dismissal. On May 30, 2002, Administrative Law Judge Maloney entered the Order Closing File 9 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 the request to modify Certificate of Need (CON) Number 8740 to reduce the number of beds to be de-licensed at Wuesthot! Memorta! Hospital form 100 to 50 in Brevard County, AHCA District 7 is denied. Gliloz DONE and ORDERED this aie in Tallahassee, Florida. Rhonda M/ Medows, , Secretary Agency fr 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: David Ashburn, Esq. Greenberg Traurig 101 East College Avenue Tallahassee, Florida 32301 John F. Gilroy, Senior Counsel Agericy for Health Care Administration 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 Mail Stop #28 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by c AT US. Mail, this. 5() day of June, pi to the above-named people. Ano Chun Vealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 JFG/sr

Docket for Case No: 02-000883CON