STATE OF FLORIDA - AGENCY FOR HEALTH CARE ADMINISTRATIO FOUNTAINS SENIOR PROPERTIES OF pres FLORIDA, INC., d/b/a THE SPRINGS AT BOCA CIEGA BAY Dm n- Elles Petitioner, DOAH Case No. 03-1537CON: AHCA no. 2003002677: vs. CON 9631 ‘ STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; Respondent, FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon 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 July 25, 2003, Petitioner filed it’s a Notice of Voluntary Dismissal. On July 28, 2003, Administrative Law Judge David M. Maloney 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 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). So a AN Nee Based on the foregoing, IT IS ADJUDGED THAT: Fountains Senior Properties of Florida, Inc.’s, petition challenging the denial of Certificate of Need (CON) Application number 9631, which sought to add 20 community nursing beds at The Springs at Boca Ciego Bay, to be located in Pinellas County District 5, Subdistrict 2, through the delicensure of 20 community beds at Swanholm Nursing & Rehabilitation Center, is dismissed. Wr DONE and ORDERED this 7 ~ day of apie , 2003, in Tallahassee, Lin ted Rhonda M. Medows, MD, Secretary Agency for Health Care Administration Florida. 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: Theodore E. Mack, Esquire Powell & Mack, P.A. 803 North Calhoun Street Tallahassee, Florida 32303 (by U.S. Mail) David M. Maloney 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 Gregg MS #28 (by Interoffice Mail) Wendy Adams (by Interoffice Mail) CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this JQ day of fa A Bb ot , 2003, to the above-named people. Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 CA ate oe RECEIVED GENERAL. “CUNSEL JUL 28 yisy STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATIONgency fern Care Adm;...- FOUNTAINS SENIOR PROPERTIES OF FLORIDA, INC, d/b/a THE SPRINGS AT BOCA CIEGA BAY, Petitioner, vs. CASE NO. 03-1537CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. NOTICE OF VOLUNTARY DISMI SSAL Petitioner, Fountains Senior Properties of Florida, Inc. d/b/a The Springs at Boca Ciega Bay, by and through undersigned counsel, hereby voluntarily dismisses its petition for a formal administrative hearing in the above-styled case. Respectfully Submitted this 25th day of July, 2003. é “ j 7 Theodore E. Mac Fl Bar No. 0200840 Powell and Mack 803 North Calhoun Street Tallahassee, Florida 32303 (850) 224-1452 Attorney for Petitioner CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the forgoing has been furnished by U.S. Mail to Michael Mathis, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Tallahassee, Florida 32308 this 25th day of July, 2003. Theodore E. Mack

Docket for Case No: 03-001537CON