FILED STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AH aged! CLERK 201 AUG -@ Ao 9: THE NEMOURS FOUNDATION, DOAH CASE NO. 06-2609CON AHCA No. 2006006313 Petitioner, CON No. 9915 vs. DOAH CASE NO. 06-2610CON AHCA No. 2006006314 STATE OF FLORIDA, AGENCY FOR CON No. 9916 HEALTH CARE ADMINISTRATION, DOAH CASE NO. 06-2611CON Respondent, AHCA No. 2006006315. = =f CON No. 9917 Sj cone = and - 4 o et ORLANDO REGIONAL HEALTHCARE avd <3 SYSTEM and ADVENTIST HEALTH = SYSTEM/SUNBELT, INC. d/b/a i) FLORIDA HOSPITAL, - Intervenors. FINAL ORDER THIS CAUSE comes before the | AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Applications Nos. 9915, 9916 and 9917, which were filed by The Nemours Foundation (hereinafter "Nemours") in the First Batching Cycle of 2006, requesting a CON for a new 82-bed acute care class II children’s hospital; a new 5-bed Level II Neonatal Intensive Care Unit; and a new 8-bed Level ITI Neonatal Intensive Care Unit. All of the applications were denied. Thereafter, Nemours timely filed Petitions for Formal Administrative Hearings with respect to the denials, which were forwarded by the Agency Clerk to the Division of Administrative Hearings (“DOAH”) and were consolidated. On March 23, 2007, Nemours filed its voluntary dismissal of the consolidated DOAH cases. On March 26, 2007, an Order Closing Files was issued by DOAH as a result of the voluntary dismissal. . It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by Nemours and the Order Closing Files by DOAH are hereby acknowledged and accepted. 2. CON Applications Nos. 9915, 9916, and 9917 are hereby denied. 3. The above-styled cases are hereby closed. DONE and ORDERED this § day of _ August 2007, in Tallahassee, Florida. ANDRE . 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. 2 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 7 day of ‘e 2007. = ——— ei 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: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Thomas F. Panza, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308-6225 (Attorney for The Nemours Foundation) F, Philip Blank, Esquire Blank, Meenan & Dunphy, P.A. 204 South Monroe Street Tallahassee, Florida 32301 (Attorney for Orlando Regional! Healthcare System) Stephen K. Boone, Esquire Boone, Boone, Boone, Koda & Frook, P.A. 1001 Avenida Del Circo Venice, Florida 34284 (Attorney for Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital) 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: 06-002610CON