STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION HOPE OF SOUTHWEST FLORIDA, INC., oie Petitioner, DOAH NO. 04-1274CON, ~“ AHCA NO. 2004002659 v. CON #s 9737-38 AGENCY FOR HEALTH CARE ADMINISTRATION and HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Respondents. HEARTLAND HOSPICE SERVICES OF FLORIDA, INC., Petitioner, __ DOAH NO. 04-1275CON AHCA NO. 2004002984 vs. CON#s 9739-40 AGENCY FOR HEALTH CARE ADMINISTRATION and HOPE OF SOUTHWEST FLORIDA, INC., Respondents. FINAL ORDER THIS CAUSE concerns Petitions for Formal Administrative Proceedings that Petitioner, Hope of Southwest Florida, Inc. (“Hope”) filed on March 23, 2004, and Petitioner, Heartland Hospice Services of Florida, Inc. (“Heartland”) filed on March 25, 2004, and a Petition to Intervene that Hospice of Naples, Inc. filed on April 16, 2004. The Petitions all related to the Agency’s denial of Certificate of Need Applications 9737-9740. On April 12, 2004, the three Petitions were forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assigned to an Administrative Law Judge. The cases were consolidated under DOAH No. 04- 1274. On December 7, 2005, Hope filed a Notice of Voluntary Dismissal of its Petition and on December 13, 2005, Heartland likewise filed a Notice of Voluntary Dismissal of its Petition. On December 16, 2005, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notices of Voluntary Dismissal. That Order dismissed and closed the consolidated DOAH cases. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitions for Formal Administrative Proceedings pending before the Agency are hereby dismissed. The Agency’s denial of Certificate of Need Applications 9737-9740 is upheld. DONE and ORDERED this 43 He say of € Le L ket Keegy fa Ae LEVINE, Secrét: Z AGENCY FOR HEALTH CARE ADMINISTRATION Tallahassee, 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 I 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 2” day of Pag 2086 RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Alfred W. Clark, Esquire 117 South Gadsden Street, Suite 201 Post Office Box 623 Tallahassee, Florida 32302-0623 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 Timothy B. Elliott, Esquire Senior Attorney Agency for Health Care Administration Interoffice Mail Janice Mills Facilities Intake Interoffice Mail Elizabeth Dudek, Deputy Secretary Managed Care & Health Quality Interoffice Mail

Docket for Case No: 04-001274CON