F ICED STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK WM OCT -1 P OL: SUN CITY HOSPITAL, INC. d/b/a SOUTH BAY HOSPITAL, Petitioner, DOAH Case No. 05-2622CON : CON No. 9834 vs. FRAES No. 2005006233 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and ST. JOSEPH’S HOSPITAL, INC. d/b/a ST. JOSEPH’S HOSPITAL , Respondent, FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a TAMPA GENERAL HOSPITAL, 12:2 Hd €- 1900 rm Intervenor. FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9834, filed by SUN CITY HOSPITAL, INC., d/b/a SOUTH BAY HOSPITAL (hereinafter "Sun City") in the First Batching Cycle of 2005, requesting a CON for a new 80-bed acute care hospital, which application was denied. Thereafter, Sun City timely filed at the Division of Administrative Hearings ("DOAH") a Petition for Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to DOAH and assigned DOAH Case No. 05-2622. On August 4, 2005, that case was consolidated with Case No. 05- 2754, concerning CON Application No. 9833, which was filed by St. Joseph's Hospital, Inc. d/b/a St. Joseph’s Hospital (hereinafter “St. Joseph's”) and co- batched with Sun City’s CON Application No. 9834. On September 6 2007, Sun City filed its voluntary dismissal of DOAH Case No. 05-2622. On September 11, 2007, an Order Closing File was issued by DOAH in Case No. 05-2622 as a result of the voluntary dismissal. DOAH Case No. 05-2754, concerning CON Application No. 9833, remains open. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Sun City and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9834 is hereby denied. 3. The above-styled case is hereby closed, but the heretofore consolidated case, DOAH Case No. 05-2754, concerning CON Application No. 9833 remains open at DOAH. DONE and ORDERED this 27 day of _xprenber _, 2007, in Tallahassee, Florida. AND C. AGWUNOBI, M.D., Secretary AGENCY FOR HEALTH CARE ADMINISTRATION 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 [tay of RICHARD J. SHOOP, Agency Cte Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: J. D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert Weiss, Esquire Karen Putnal, Esquire Parker, Hudson, Rainer & Dobbs, LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, Florida 32301 Attorneys for St. Joseph’s Hospital, Inc., Richard M. Ellis, Esquire Stephen A. Ecenia, Esquire R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 Attorneys for Sun City Hospital, Inc. d/b/a South Bay Hospital Elizabeth McArthur, Esquire Radey, Thomas, Yon, & Clark, P.A. 301 South Bronough Street, Suite 200 (32301) Post Office Box 10967 Tallahassee, Florida 32302 Attorney for Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital Karin M. Byrne, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)

Docket for Case No: 05-002622CON