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