STATE OF FLORIDA Pe AGENCY FOR HEALTH CARE ADMINISTRATION Hy EE 2] LAKELAND REGIONAL MEDICAL CENTER, ) INC., d/b/a LAKELAND REGIONAL ) MEDICAL CENTER, ) ) Petitioner, ) DOAH CASE NO.: 03-1424CON , ) AHCA FILE NO.: — 2003002309 v. ) CON NO.: 9634 ) > a STATE OF FLORIDA, AGENCY FOR ) B, Bo HEALTH CARE ADMINISTRATION, ) xa Ut and WINTER HAVEN HOSPITAL, INC., ) Pan Fee ) 2a Seo Respondent De = mv pondents. ) eae To ry ) <0 my fon] Loe] FINAL ORDER THIS CAUSE concems Certificate of Need ("CON") Application No. 9634 filed by Winter Haven Hospital, Inc. ("Winter Haven") in November 2002, seeking the issuance of a CON granting authority to Winter Haven to establish an open heart surgery and interventional cardiology program in Polk County, Florida, State Health Services Planning District 6. On or about February 28, 2003, the Agency for Health Care Administration ("AHCA" or the "Agency") issued a State Agency Action Report setting forth AHCA's preliminary approval of CON Application No. 9634. On April 3, 2003, Lakeland Regional Medical Center, Inc. ("Lakeland"), timely filed a Petition for Formal Administrative Hearing opposing approval of Winter Haven's CON Application No. 9634. On April 17, 2003, the Petition was forwarded to the Division of Administrative Hearings ("DOAH") by AHCA and assigned to an Administrative Law Judge ("ALJ") for hearing. 462056_1 Nee ee ere ee eee The case was placed in abeyance on June 3, 2004, during the pendency of litigation relating to Section 408.0361(2), Fla. Stat., enacted in the 2004 legislative session. Without having issued any Recommended Order in the case, on June 19, 2006, the AL] issued an Order Closing File which relinquished jurisdiction to the Agency. That Order acknowledged that Winter Haven had already received a license for the proposed program at ~ issue in the case pursuant to the "grandfather provision" of Section 408.0361(2). As a result, the case was found to be moot. IT IS THEREFORE ORDERED AND ADJUDGED THAT: 1. The June 19, 2006 Order, attached hereto as Exhibit 1, is hereby adopted and incorporated herein. 2. Winter Haven's CON Application No. 9634 is hereby determined to be moot and this case is hereby closed. Fi DONE AND ORDERED | this 5 — day of Dupuet— , 2006, in Tallahassee, Florida. CHRISTA CALAMAS, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. iN) 462056_1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has : A been furnished by U.S. or interoffice mail to the persons named below on this 3/ Clay of Aegest “2006. Karin M. Byrne, Esq. Office of General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3 _ Tallahassee, Florida 32308 F, Philip Blank, Esq. Blank, Meenan & Dunphy, P.A. 204-B South Monroe Street Tallahassee, Florida 32301 Jonathan L. Rue, Esq. David L. Fenstermacher, Esq. Parker, Hudson, Rainer & Dobbs, LLP 1500 Marquis Two Tower 285 Peachtree Center Avenue Northeast Atlanta, Georgia 30303 Robert A. Weiss, Esq. Karen A. Putnal, Esq. Parker, Hudson, Rainer & Dobbs, LLP The Perkins House 118 N. Gadsden Street Tallahassee, FL 32301 RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 462056_1 3

Docket for Case No: 03-001424CON