. STATE OF FLORIDA OF pe AGENCY FOR HEALTH CARE ADMINISTRATION“? n BOCA RATON COMMUNITY HOSPITAL, INC., Petitioner, Case No. 03-0341CON AHCA No. 2003000404 CON 9617 vs. AGENCY FOR HEALTH CARE ADMINISTRATION and COLUMBIA JFK MEDICAL CENTER, L.P. d/b/a JFK MEDICAL CENTER, Respondents. / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge T. Kent Wetherell, II, 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 February 27, 2003, Petitioner filed its Notice of Voluntary Dismissal. On February 28, 2003, Administrative Law Judge T. Kent Wetherell, II entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing Files. 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, Florida Statutes. Based on the foregoing, IT IS ADJUDGED THAT: Boca Raton Community Hospital, Inc.’s petition challenging the approval of Certificate of Need (CON) Application number 9617, which sought to add 36 acute care beds to its existing hospital at JFK Medical Center, 5301 South Congress Avenue, Atlantis, Florida 33462, District #9 is dismissed. The Agency’s approval of CON 9617 to JFK Medical Center is upheld. DONE and ORDERED this [D day of [V arece( , 2003, in Leon County, Tallahassee, Florida. | a wy te! er lé hid 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: H. Darrell White, Esquire McFarlain & Cassedy, P.A. 305 South Gadsden Street Post Office Box 2174 Tallahassee, FL 32316-2174 Thomas W. Konrad, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street Suite #420 Post Office Box 551 Tallahassee, FL 32302-0551 T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Tom R. Moore, Esq., Senior Attorney Office of the General Counsel Agency for Health Care Administration (Interoffice Mail) Jeffrey N. Gregg, Bureau Chief Health Facilities Regulation Agency for Health Care Administration (Interoffice Mail) Wendy Adams, Regulatory Consultant Office of the General Counsel Agency for Health Care Administration (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail, this | day of MAC ay , 2003, to the above-named parties. . 7 . 4 . Cryvartons Sheubson ACK Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS = 03 FEB 27 PH 2: 3h BOCA RATON COMMUNITY HOSPITAL, ae INC., Petitioner — , ‘ [Lw vs. CASE NO.: 03-0341CON STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and COLUMBIA JFK MEDICAL CENTER, L.P. d/b/a JFK MEDICAL CENTER, Respondents. NOTICE OF VOLUNTARY DISMISSAL Petitioner, BOCA RATON COMMUNITY HOSPITAL, INC., through counsel, hereby voluntarily dismisses, with prejudice, its Petition For Formal Administrative Hearing in this matter. RESPECTFULLY SUBMITTED this 27" day of February, 2003. McFARLAIN & CASSEDY, P.A. 305 S. Gadsden Street Tallahassee, FL 32301 Phn: (850) 222-2107 Fax: (850) 222-8475 H. DARRELL WHITE Counsel for Boca Raton Community Hospital, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been provided by Facsimile and U.S. Mail Delivery this 27 day of February, 2003, to Stephen A. Ecenia, R. David Prescott, and Richard M. Ellis, Rutledge, Ecenia, Purnell & Hoffman, P.A., 215 S. Monroe Street, Suite 420, Tallahassee, Florida 32301. H. Darrell White

Docket for Case No: 03-000341CON