FILED BERRLTM CARE ALi STATE OF FLORIDA ACMIMSTRATI DEPUTY CLERK ON AGENCY FOR HEALTH CARE ADMINISTRATION SEMPERCARE HOSPITAL OF VOLUSIA DA INC., Petitioner, DOAH Case No. 03-0339CON G2 2- > AHCA no. 2003000406 vs. CON No. 9604 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; AND KINDRED HOSPITALS EAST LLC, 4 Respondent, FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge William R. Pfeiffer, 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. Petitioner Sempercare Hospital of Volusia, Inc. has withdrawn its request for a formal proceeding in DOAH Case no. 03-0339CON. 2. On March 18, 2004, Petitioner filed it’s a Notice of Voluntary Dismissal. On March 23, 2004, Administrative Law Judge William R. Pfeiffer entered the Order Closing File. 3. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 4. 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. (2002). Based on the foregoing, IT 1S ADJUDGED THAT: Sempercare Hospital of Volusia, Inc.’s, petition challenging the denial of Certificate of Need (CON) Application number 9604, which sought to establish a 43-bed long-term acute care hospital (LTACH), to be located in Volusia County, District 4, is dismissed. WA DONE and ORDERED this_//“” day of Lig 2004, in Tallahassee, Florida. Zh Ge Mary Pat Moore, Interim Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER |S 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, Esquire Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue, Northeast Atlanta, Georgia, 30303 (by U.S. Mail) . M. Christopher Bryant, Esquire Oertel, Hoffman, Fernandez & Cole, P.A. 301 South Bronough Street, 5" Floor Post Office Box 1110 ~ Tallahassee, Florida 32302-1110 William R. Pfeiffer Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 323099-1550 (by U.S. Mail) Michael O. Mathis, Esq. MS #3 (by Interoffice Mail) Jeffrey eee ag x 8 Interoffice Mail) . Wendy Adams (by Interoffice Mail) Li abet Wudets CERTIFICATE OF SERVICE ] HEREBY CERTIFY. U.S. Mail, this 2 day o a true and correct copy of the foregoing has been furnished by , 2004, to the above-named people. Lealand McChfren, oney OG Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 RAL COUNSEL STATE OF FLORIDA GENERAL GU DIVISION OF ADMINISTRATIVE HEARINGS WAR Le 203 SEMPERCARE HOSPITAL OF VOLUSIA, Agency for Health NC Care Administration Petitioner, CASE NO. 03-0339CON Vv. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and KINDRED HOSPITALS EAST, LLC, Intervenor. . / SEMPERCARE HOSPITAL OF VOLUSIA, INC.'S \ NOTICE OF VOLUNTARY DISMISSAL Petitioner, Sempercare Hospital of Volusia, Inc., ("Sempercare”), by and through the undersigned counsel, hereby gives notice of the voluntary dismissal of its Petition for Formal ‘Administrative Proceeding in DOAH Case No. 03-0339. DATED THIS 18" day of March 2004. PARKER, HUDSON, RAINER & DOBBS LLP Jonathan L. Rue, Esq. Florida Bar No. 0847380 Parker, Hudson, Rainer & Dobbs LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue NE Atlanta, GA 30303 (404) 523-5300 (404) 522-8409 (facsimile) And Zi, Bue | Robert A. Weiss, Esq. Florida Bar No. 0222038 Karen A. Putnal, Esq. Florida Bar No. 0037745 Parker, Hudson, Rainer & Dobbs LLP 118 N. Gadsden Street, 2"¢ Floor . Tallahassee, FL 32301 (850) 681-0191 (850) 681-9493 (facsimile) COUNSEL FOR SEMPERCARE HOSPITAL OF VOLUSIA, INC. CERTIFICATE OF SERVICE we SE SS nena I hereby certify that a true and correct copy of the foregoing Notice of Voluntary Dismissal was served on all parties this 18" day of March 2004 by facsimile transmission to the following: M. Christopher Bryant, Esq. Oertel, Fernandez & Cole P.A. 301 South Bronough Street, 5" Floor Tallahassee, FL 32302 (850) 521-0720 Michael O. Mathis, Esq. Office of General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3 Tallahassee, FL 32308 (850) 921-0158 Karen A. Putnal, Esq.

Docket for Case No: 03-000339CON