STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and VITAS HEALTHCARE CORPORATION OF., CENTRAL FLORIDA, Intervenor. FINAL ORDER DOAH CASE NO. 04-1267CON AHCA NO. 2004002987 CON 9735 THIS CAUSE concerns a Petition for Formal Administrative Proceedings that the Petitioner entered on March 25, 2004, and a Petition to Intervene that the Intervenor filed on April 27, 2004. On April 12, 2004, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On January 12, 2005, the Petitioner filed a Notice of Voluntary Dismissal dismissing its Petition due to the fact that it was withdrawing its certificate of need application. On January 12, 2005, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Petitioner’s Notice of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: Both the Petition for Formal Administrative Proceedings and Petition to Intervene are dismissed. DONE and ORDERED hist day of Mor , 2005, in Tallahassee, ALAN LEVINE, Secretary : AGENCY FOR HEALTH CARE ADMINISTRATION Florida. 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 Ten , 2005. RICHARD J. SHOOP, Agenay Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: T. Kent Wetherell, IT 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 Interoffice Mail Alfred W. Clark, Esquire 117 South Gadsden Street, Suite 201 Post Office Box 623 Tallahassee, Florida 32302-0623 Geoffey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Tallahassee, Florida 32308 Wendy Adams Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Interoffice Mail

Docket for Case No: 04-001267CON