Petitioner: HOPE OF SOUTHWEST FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 24, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 7, 2006.
Latest Update: Dec. 26, 2024
STATE OF FLORIDA os
AGENCY FOR HEALTH CARE ADMINISTRATION ~*
HOPE OF SOUTHWEST FLORIDA,
INC.,
Petitioner, DOAH Case No. 05-1128CON
AHCA No. 2005002326
vs. CON 9830
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent,
and
HOSPICE OF NAPLES, INC.,
Intervenor.
/
FINAL ORDER
THIS CAUSE concerns Petitions for Formal Administrative Proceedings. Petitioner,
Hope of Southwest Florida, Inc. filed a Petition on or about March 16, 2005, and Hospice of
Naples, Inc. filed a Petition to Intervene on March 28, 2005. These Petitions related to the
Agency’s denial of Certificate of Need Application 9830.
On or about March 24, 2005, the two Petitions were forwarded to the Division of
Administrative Hearings (DOAH) by the Agency and assigned to Charles A. Stampelos,
Administrative Law Judge. This case was filed under DOAH Case No. 05-1128CON.
FINDINGS OF FACT
1. On or about December 7, 2006, Hope of Southwest Florida, Inc. withdrew its
CON application No. 9830 and then filed a Notice of Voluntary Dismissal of its Petition at
DOAH, attached hereto as Ex. A.
2. On or about December 7, 2006, the Administrative Law Judge assigned to the
case issued an Order Closing File based on the Notice of Voluntary Dismissal, attached hereto as
Ex. B.
3. The Agency hereby adopts and incorporates by reference the attached Notice of
Voluntary Dismissal and Order Closing File.
4. 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. (2006).
Based on the foregoing,
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 Application 9830 is upheld.
DONE and ORDERED thisokiP—day of Feb wvar\ _, 2007, in Tallahassee,
Florida.
Andrew C. Agwunobi, M.D., Secretary
Agency for Health Care Administration
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:
Counsel for: Hospice of Naples, Inc.
Robert D. Newell, Esquire
New & Terry, P. A.
817 North Gadsden Street
Tallahassee, Florida 32303
(by U.S. Mail)
Counsel for: Hope of Southwest Florida, Inc.
J Robert Griffin, Esquire
J Robert Griffin, P.A.
1342 Timberlane Road, #102-A
Tallahassee, Florida 32312
Charles A. Stampelos
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399
(by U.S. Mail)
Michael O. Mathis, Esq.
Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Drive Bldg #3 Mail Stop Code #3
Tallahassee, Florida 32308
(Interoffice Mail)
Elizabeth Dudek
Deputy Secretary
Agency for Health Care Administration
2727 Mahan Drive Bldg #1 Mail Stop Code #9
Tallahassee, Florida 32308
(Interoffice Mail)
Jeffrey Gregg
Chief Bureau of Health Facility Regulation
Agency for Health Care Administration
2727 Mahan Drive Bldg #1 Mail Stop Code #28
Tallahassee, Florida 32308
(Interoffice Mail)
Jan Mills
(Interoffice Mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail, this Say of Ltbrck , 2007, to the above-named people.
Richard Shoop, Agency =
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 922-5873
Docket for Case No: 05-001128CON
Issue Date |
Proceedings |
Mar. 02, 2007 |
Final Order filed.
|
Dec. 07, 2006 |
Order Closing File. CASE CLOSED.
|
Dec. 07, 2006 |
Hope of Southwest Florida, Inc.`s Notice of Voluntary Dismissal filed.
|
Dec. 07, 2006 |
Notice of Telephonic Hearing on Motion for Protective Order and Pretrial Conference filed.
|
Dec. 05, 2006 |
Motion for Protective Order filed.
|
Dec. 01, 2006 |
Notice of Telephonic Pretrial Conference filed.
|
Nov. 30, 2006 |
Amended Order.
|
Nov. 27, 2006 |
Notice of Service of Petitioner, Hope of Southwest Florida, Inc.`s Second Set of Interrogatories to Hopice of Naples, Inc. filed.
|
Nov. 27, 2006 |
Notice of Service of Petitioner, Hope of Southwest Florida, Inc.`s First Set of Interrogatories to Hopice of Naples, Inc. filed.
|
Nov. 22, 2006 |
Order (parties have agreed to meet on December 8, 2006, to formulate a proposed order of pre-hearing instructions, which shall be filed the week of December 11, 2006).
|
Nov. 22, 2006 |
Motion for Protective Order filed.
|
Nov. 22, 2006 |
Motion for Continuance filed.
|
Nov. 15, 2006 |
Hospice of Naples, Inc.`s First Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
|
Nov. 09, 2006 |
Notice of Service of Hospice of Naples, Inc.`s First Set of Interrogatories to Hope of Southwest Florida, Inc. filed.
|
Nov. 09, 2006 |
Notice of Taking Deposition Duces Tecum filed.
|
Nov. 08, 2006 |
Hope of Southwest Florida, Inc.`s First Requests for Production of Documents to Hospice of Naples, Inc. filed.
|
Nov. 07, 2006 |
Notice of Appearance of Additional Counsel for Hope of Southwest Florida, Inc. (filed by W. Watkins).
|
May 01, 2006 |
Notice of Substitution of Counsel and Request for Service (filed by M. Mathis).
|
Apr. 11, 2006 |
Second Amended Order of Pre-hearing Instructions.
|
Mar. 22, 2006 |
Amended Order of Pre-hearing Instructions.
|
Mar. 17, 2006 |
Notice of Appearance (filed by T. Elliott).
|
Mar. 09, 2006 |
Order of Pre-hearing Instructions.
|
Mar. 09, 2006 |
Notice of Hearing (hearing set for March 5 through 9 and 12 through 16, 2007; 9:00 a.m.; Tallahassee, FL).
|
Mar. 08, 2006 |
Joint Status Report and Motion to Schedule Case for Formal Administrative Hearing filed.
|
Jan. 04, 2006 |
Order Continuing Case in Abeyance (parties to advise status by March 6, 2006).
|
Jan. 03, 2006 |
Joint Status Report and Motion to Continue Case in Abeyance filed.
|
Aug. 24, 2005 |
Notice of Transfer.
|
Apr. 12, 2005 |
Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
|
Apr. 04, 2005 |
Order Placing Case in Abeyance (parties to advise status by December 16, 2005).
|
Apr. 04, 2005 |
Order Granting Intervention (Hospice of Naples, Inc.).
|
Mar. 28, 2005 |
Hospice of Naples, Inc.`s Petition to Intervene filed.
|
Mar. 25, 2005 |
Initial Order.
|
Mar. 24, 2005 |
Pages from Florida Administrative Weekly Volume 31, Number10 filed.
|
Mar. 24, 2005 |
Petition for Formal Administrative Hearing filed.
|
Mar. 24, 2005 |
Notice (of Agency referral) filed.
|