STATE OF FLORIDA | ey A org AGENCY FOR HEALTH CARE ADMINISTRATION , ane wee 2 A 00 My Soa 7s ‘ HOSPICE OF SOUTHWEST FLORIDA, INC., t wt . aaa Petitioner, DOAH CASE NO. 03-4500CON AHCA NO. 2003008216 V. qe oo, 4 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, . wo ws Respondent, / FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Proceedings that the Petitioner filed on October 22, 2003. On December 2, 2003, both Petitions were forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge (“ALJ”). On January 4, 2005, The ALJ entered an Order Striking Portions of Petition in DOAH Case No. ()3-4066CON; Severing DOAH Case No. 03-4500CON; and Relinquishing Jurisdiction to the Agency Over CON 9694, whereby the ALI relinquished jurisdiction over CON 9694 to the Agency for purposes of issuing that CON and severed 03-4500CON from the remaining cases so that an Order Closing File could be entered in the case. On January 4, 2005, the ALJ issued an Order Closing File based on his Order Striking Portions of Petition in DOAH Case No. 03-4066CON; Severing DOAH Case No. 03-4500CON; and Relinquishing Jurisdiction to the Agency Over CON 9694. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petition for Formal Administrative Proceedings is dismissed, and the Agency shall issue CON 9694 to the Petitioner. f DONE and ORDERED this US _ day of Man , 2005, in Tallahassee, Florida. , ALAN LEVINE, 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. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this 3 day of ene 2005. ie ae RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth W. Gieseking, Esquire Assistant General Counsel! Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 J. Robert Griffin, Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Wendy Adams Facilities Intake Elizabeth Dudek Managed Care & Health Quality

Docket for Case No: 03-004500CON