STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS -HOSPICE OF THE PALM COAST, INC,, Petitioner, DOAH Case No. 06-126860 oe AHCA Case No. 2006002775. 4 vs. CON No. 9900 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, LIFEPATH HOSPICE AND PALLIATIVE CARE, INC. Intervenor. FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "“Agency") concerning Certificate of Need ("CON") Application No. 9900, which was filed by HOSPICE OF THE PALM COAST, INC. (hereinafter "Palm Coast”) in the Second Batching Cycle of 2005, requesting a CON to establish a hospice program. The application was denied. Thereafter, Palm Coast timely filed a Petition for Formal Administrative Hearing with respect to the denial, which was forwarded by the Agency Clerk to the Division of Administrative Hearings (*DOAH”). On June 25, 2008, Palm Coast filed its voluntary dismissal of the DOAH . case, On June 26, 2008, an Order Closing File was issued by DOAH as a result of the voluntary dismissal. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Palm Coast and the DOAH Order Closing File are hereby acknowledged and accepted. 2. CON Application No. 9900 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this [day of August , 2008, be Bara Secretary AGENCY FOR HEALTH CARE ADMINISTRATION in 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 _/&* day of AgeeO 2008. RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #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 Mark A. Emanuele, Esquire David A. Fagerstrom, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308 Attorneys for Hospice of the Palm Coast, Inc. Seann M. Frazier, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 Attorney for Lifepath Hospice and Palliative Care, Inc. H. Darrell White, Esquire General Counsel LifePath Hospice and Palliative Care, Inc. 12973.Telecom Parkway, Suite 100 Temple Terrace, Florida 33637 Attorney for LifePath Hospice and Palliative Care, Inc. Karin M. Byrne, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Building 1, MS #9 Tallahassee, Florida 32308 (By Interoffice Mail) Janice Mills Facilities Intake Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 . Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 06-001268CON