STATE OF FLORIDA ~ nenfil AGENCY FOR HEALTH CARE ADMINISTRATION ~~" \ CLERK 2005 OFC 20 Ai ug Youth & Family Centered Services of Florida, Inc., d/b/a Tampa Bay Academy, i Petitioner, ' FRAES: 2005005806 CON No. 9832 vs. | DOAD No. 05-2455 State of Florida, Agency for Health Care Administration, ‘ mom Respondent. FINAL ORDER The Agency for Health Care Administration (‘AHCA”), having entered into a stipulation and Settlement Agreement among all parties (AHCA and Petitioner“ Tampa Bay Academy") and being otherwise well-advised in the premises, finds as follows: It is ORDERED that: ‘14. ° The Stipulation and Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. AHCA hereby approves the issuance of CON Application No. 9832 to Petitioner Tampa Bay Academy to convert its existing 112-bed child care, non-inpatient residential facility located in Hillsborough County, District 6, Florida, to a 98-bed inpatient specialty hospital intensive residential treatment facility (IRTF) program. ay hy 3. Petitioner Tampa Bay Academy shall meet all requirements of AHCA's Office of Plans and Construction to engure that the project. authorized by CON No. 9832 fully complies with all applicable codes, laws, ordinances and regulations, including but not limited to, the Florida Building Code, Chapter 32 of the NFPA 101, Chapter 59A-3.0303, Florida Administrative Code, and the American with Disabilities Act. ) 4. Petitioner Tampa Bay Academy agrees to provide a minimum of 15 percent of the total IRTF patient days to Medicaid and/or charity patients. 5. Petitioner Tampa Bay Academy will withdraw its Petition for Formal Hearing challenging the denial of its CON Application No. 9832. 6. This AHCA case is hereby dismissed and the file closed. . DONE and ORDERED this ‘[e day of DECEMEETC , 2005, in Tallahassee, Leon County, Florida. 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 FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Elizabeth Dudek Deputy Secretary Agency for Health Care Admin. 2727 Mahan Drive, Bldg.3, MS 9 Tallahassee, Florida 32308 (Interoffice Mail) Timothy B. Elliott, Esquire Senior Attorney Agency for Health Care Administration 2727 Mahan Drive, Bidg. 3, MS 3 Tallahassee, Florida 32308 (Interoffice Mail) H. Darrell White, Esquire William B. Wiley, Esquire McFariain & Cassedy, P.A. 305 South Gadsden Street Tallahassee, Florida 32301 Janice Mills (Inter-office Mail) CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Final Order was served on the above-named person(s) and entities by U.S..Mail or the method designated on this Z2"*day of __/2re ser _, 2005. . me Richard J.. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Bldg. 3, MS 3 Tallahassee, Florida 32303-5403 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS YOUTH & FAMILY CENTERED SERVICES OF FLORIDA , INC., d/b/a Tampa Bay Academy, ' Petitioner, vs. CASE NO.: 05-2455CON CON NO.: 9832 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT This agreement entered into this F day of Qoaypbaen 2005, by and between Youth & Family Centered Services of Florida, Inc., d/b/a Tampa Bay Academy (“TBA”), and the Agency for Health Care Administration (‘AHCA”). . | WITNESSETH WHEREAS, this proceeding concerns the Certificate of Need (“CON”) Application No. 9832 filed by TBA that seeks approval to convert TBA’s existing 112-bed child care, non-inpatient residential facility located in Hillsborough County, District 6, Florida, to a 98-bed inpatient specialty hospital intensive residential treatment facility (IRTF) program; and WHEREAS, AHCA initially reviewed TBA’s CON application and issued a preliminary notice of intent to deny it on or about June 17, 2005; and WHEREAS, on or about June 30, TBA initiated this proceeding by timely filing a Petition for Formal Administrative Hearing to challenge AHCA’s initial determination to deny its CON Application No. 9832; and WHEREAS, subsequent to the initiation of this proceeding, AHCA considered clarifying information from TBA with respect to its CON Application No. 9832. Now ‘THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: i 1°’ The parties shall file in this case a Joint Motion for Relinquishment of Jurisdiction that notifies the ALJ of the settlement of this case and seeks an order relinquishing jurisdiction of this case back to AHCA for finalization of settlement and entry of a Final Order approving CON No. 9832. ' Weenie 2. After jurisdiction is relinquished back to AHCA by the ALJ, AHCA shall promptly enter a Final Order which adopts this Settlement Agreement and approves the issuance of CON No. 9832, and promptly thereafter issue CON No. 9832 to TBA. 3. TBA agrees to meet all requirements of the AHCA Office of Plans and Construction to ensure that the project authorized by CON No. 9832 fully complies with all applicable codes, laws, ordinances and regulations, including but not limited to, the Florida Building Code, Chapter 32 ofthe NFPA 101, Chapter 59A-3.303, Florida Administrative Code, and the Americans With Disabilities Act. 4. TBA agrees to provide a minimum of 15 percent of the total IRTF patient days to Medicaid and/or charity patients. 5. The undersigned signatories represent and warrant that they have been fully advised and fully understand their respective benefits and obligations under this Settlement Agreement and that they are fully authorized to execute this Settlement Agreement on behalf of their respective entities and to bind them to the terms and conditions of this Settlement Agreement accordingly. 6. There are no written or verbal agreements or understandings between the parties regarding the subject matters of this Settlement Agreement other than those expressed in this Settlement Agreement. Should this Settlement Agreement be modified or supplemented in the future, such must be done in writing and executed by all parties hereto in order to be binding and effective. 7. This Settlement Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their agents, employees, attorneys, representatives, successors and assigns, parent companies, affiliates, and related entities. 8. The parties hereto agree to fully cooperate and execute any supplemental documents, ifnecessary, and take all additional acts that may be necessary, to give full force and effect to the terms and conditions of the Settlement Agreement. 9. This Settlement Agreement shall be governed by the laws.of the State of Florida. 10... Each party hereto shall be bear its own attorney fees and costs. 11. Each party hereto recognizes and agrees that it enters into this Settlement Agreement voluntarily and knowingly. 12. TBA hereby waives the right to any further administrative, judicial, or similar proceedings it may be entitled to in this matter, including any requirement of any formal final order (findings of fact and conclusions of law) and including, but not limited to, any informal proceeding under Subsection 120.57(2), any formal proceeding under Subsection '120.57(1), appeals under Section 120.68, Florida Statutes, any declaratory or other writ of relief in any court or quasi-court (e.g., Florida Department of Administrative Hearings) of competent jurisdiction. Provided, however, that no agreement herein shall be deemed a waiver by either party of its right to judicial or administrative enforcement of this Agreement. 13. TBA, foritselfand for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, do hereby discharge the Agency" and its agents, representatives, and attorneys of and from all claims, demands;-actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the Agency's actions in this matter, including, but not limited to, any claims that were OF may be asserted in any federal or state court or administrative forum, including any claims arising out of this Agreement, by or on behalf of, TBA, or related facilities. 14. This Settlement Agreement may be executed in as many counterparts as may be required, and it shall not be necessary that the signature of, or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on more than one counterpart. All counterparts shall collectively constitute a single agreement. Also, facsimile signatures may be used in place of original signatures on 4 and for this Settlement Agreement. All parties hereto are expressly aware that the other parties will rely upon facsimile signatures, and hereby waive any defenses to the enforcement of the terms of this Settlement Agreement based on the form of signature. . IN WITNESS WHEREOF the parties hereto have set their hands and seals effective the day and date first written above. AGENCY FOR HEALTH CARE ' YOUTH & FAMILY CENTERED ADMINISTRATION : SERVICES OF FLORIDA, INC., d/b/a Tampa Bay Academy Edward Hoefle Authorized Representative 12/9/05 | ul ly los . ; ; Date Date - to - Ga Rend bie Christa Calamas, Esquire H. Darrell White, Esquire General Counsel For AHCA Counsel for TBA le/4/ 6s N- 2-05" Date Date

Docket for Case No: 05-002455CON