Petitioner: FLORIDA HOSPITAL WESLEY CHAPEL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 10, 2006.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA HOSPITAL WESLEY CHAPEL,
INC,,
Petitioner,
vs.
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent,
UNIVERSITY COMMUNITY HOSPITAL,
INC.,
Petitioner,
vs.
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMININSTRATION,
Respondent,
BAYCARE OF SOUTHEAST PASCO, INC.,
Petitioner,
vs.
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
DOAH Case No. 06-2720
CON No. 9912 OAD
DOAH Case No. 06-2812CON
CON No. 9913
DOAH Case No. 06-2813CON
CON No. 9914
FINAL ORDER
THIS CAUSE concerns the Petitions for Formal Administrative
Proceedings that Petitioner Florida Hospital Wesley Chapel, Inc. (“Florida
Hospital”) filed on July 27, 2006, and Petitioners University Community
Hospital, Inc, (“University”), and Baycare of Southeast Pasco, Inc. (“Baycare”),
filed on August 3, 2006.
On July 27, 2006, Florida Hospital’s Petition was forwarded by the
Agency to the Division of Administrative Hearings (“DOAH”) and assigned to an
Administrative Law Judge.
On August 3, 2006, University and Baycare’s Petitions were forwarded by
the Agency to the Division of Administrative Hearing (“DOAH”) and assigned to
an Administrative Law Judge. °
On August 3, 2006, a Notice of Related Cases was filed with DOAH by
the Agency Clerk.
A Petition to Intervene was filed by Pasco HMA, Inc. d/b/a Pasco
Regional Medical Center (“Pasco Regional”) on August 7, 2006, which was never
ruled upon by the ALJ.
The Petitions above are all related to the Agency’s denial of Certificate of
Need Applications 9912, 9913, and 9914.
On August 8, 2006, Petitioners Florida Hospital, University, and Baycare
filed a Joint Voluntary Dismissal of their Petitions.
nw
On August 10, 2006, the Administrative Law Judge assigned to the
Related Cases issued an Order Closing File for each case based on the Joint
Voluntary Dismissal.
IT IS THEREFORE ORDERED AND ADJUDGED THAT:
The Petitions for Formal Administrative Proceedings pending before the
Agency are hereby closed. The Agency’s denial of Certificate of Need
Applications 9912, 9913, and 9914 is upheld.
DONE and ORDERED nis day of Qpleuber , 2086, in
Tallahassee, Florida.
the Chena
CHRISTA CALAMAS, 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 AE aay of SatkC, , 2008,
RICHARD J. SHOOP, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, MS #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
F. Philip Blank, Esq.
Blank, Meenan & Dunphy, P.A.
204 South Monroe Street
Tallahassee, Florida 32301
Stephen K. Boone, Esq.
Boone, Boone, Boone, Koda & Frook, P.A.
1001 Avenida Del Circo
Venice, Florida 34284
C. Gary Williams, Esquire
Ausley & McMullen
227 South Calhoun Street
Post Office Box 391
Tallahassee, Florida 32302
Robert A. Weiss, Esq.
Parker,. Hudson, Rainer & Dobbs, LLP
The Perkins House, Suite 200
118 North Gadsden Street
Tallahassee, Florida 32301
Sandra E. Allen, Esquire
Agency for Health Care Administration
Interoffice Mail
Janice Mills
Facilities Intake
Interoffice Mail
Elizabeth Dudek, Deputy Secretary
Managed Care & Health Quality Assurance
Interoffice Mail
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA HOSPITAL WESLEY CHAPEL, : Ale 0° 9006
INC.
CY °°? HEALTH CARE
“Ait ol ha (ON-LEGAL
Petitioner,
pe
vs, Case No.: 06-2720 CON
: CON No. 9912
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
UNIVERSITY COMMUNITY HOSPITAL,
INC.
Petitioner,
vs. Case No. 06-2812 CON
: CON No. 9913
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
BAYCARE OF SOUTHEAST PASCO, INC.
Petitioner,
vs. : Case No. 06-2813 CON
CON No. 9914
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
JOINT VOLUNTARY DISMISSAL
COMES NOW, Petitioners, Florida Hospital Wesley Chapel, Inc., University
Community Hospital, Inc. and BayCare of Southeast Pasco, Inc., by and through their respective
undersigned counsel and files this Joint Voluntary Dismissal.
By this Joint Voluntary Dismissal, each of the parties is dismissing its Petition for Formal
Administrative Hearing and, therefore, dismissing its challenge to the Agency for Health Care
Administration’s initial decision to deny its respective Certificate of Need Application to
construct a new hospital in Pasco County, Florida (CON Application Nos. 9912, 9913 and 9914,
respectively). By so doing, the parties are also withdrawing and dismissing their respective CON
Applications Nos. 9912, 9913 and 9914,
It is the intent of the parties that all three (3) applications be dismissed and withdrawn
simultaneously by the filing of this Joint Voluntary Dismissal.
WHEREFORE, Petitioners, Florida Hospital Wesley Chapel, Inc., University Community
Hospital, Inc, and BayCare of Southeast Pasco, Inc. respectfully request that CON Application
Nos. 9912, 9913 and 9914 be withdrawn and each respective Petition for Formal Administrative
Hearing be dismissed. {-
Respectfully submitted this day of August, 2006, by:
FLORIDA HOSPITAL WESLEY CHAPEL, UNIVERSITY COMMUNITY
INC, HOSPITAL, INC.
By: Me BoA By: (: Foal
Stephen K, Boone, its counsel of record C. Gary W1 its counsel of record
BAYCARE SOUTHEAST PASCO, INC.
Robert A. Weiss, its counsel of record
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original and one copy of the foregoing have been hand-
delivered to Richard Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan
Drive, MS #3, Tallahassee, Florida 32308, and an original and one copy hand-delivered to
Charles A. Stampelos, Administrative Law Judge, Division of Administrative Hearings, the
DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and one copy
hand-delivered to Sandra E. Allen, Esquire, Agency for wie Care Administration 2727 Mahan
Drive, Bldg. 3, MS #3, Tallahassee, Florida 32308, this ~~ __ day of August, 2006.
BOONE, BOONE, BOONE, AUSLEY and McMULLEN, P.A.
KODA & FROOK, PA.
Game { Pell OQ (e)
Stephen K. Boone, Esquire C. Gary WilliamssEsquire
1001 Avenida del Circo 227 Calhoun Street
Post Office Box 1596 Post Office Box 391
Venice, FL 34285 Tallahassee, FL 32302-0391
Telephone: (941) 488-6716 Telephone: (850) 224-9115
Facsimile: (941) 488-7079 Facsimile: (850) 222-7560
Attorney for Petitioner, Attorneys for Petitioner,
Florida Hospital Wesley Chapel, Inc. University Community Hospital, Inc.
PARKER, HUDSON, RAINER
& DOBBS
Ao) Hth—
Robert A. Weiss, Esquire
The Perkins House, Suite 200
118 North Gadsden Street,
Tallahassee, FL 32301
Telephone: (850)681-0191
Facsimile (850) 681-9493
Attorney for Petitioner,
BayCare Southeast Pasco, Inc.
A4-2002\jtvaldismiss
-3-
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
|
BAYCARE OF SOUTHEAST PASCO, AuG j + 2006
INC.,
AGENCY FOR HEALTH CARE
Petitioner, ADMINSTRATION-LEGAL
vs. Case No. 06-2813CON
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on the Joint
Voluntary Dismissal filed August 8, 2006, and the undersigned
being fully advised, it is, therefore,
ORDERED that:
1. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed.
2. The Petition to Intervene filed by Pasco HMA, Inc. d/b/a
Pasco Regional Medical Center on August 7, 2006, is moot.
DONE AND ORDERED this 10th day of August, 2006, in
Tallahassee, Leon County, Florida.
Vitae 0 Arpt
CHARLES A. STAMPELOS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS "7
FLORIDA HOSPITAL WESLEY CHAPEL,
INC., AUR 1 1 9906
Petitioner, AGENCY © O°? HEALTH CARE
AOMIN STBAHON-LEGAL
vs. Case No. 06-2720CON
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on the Joint
Voluntary Dismissal filed August 8, 2006, and the undersigned
being fully advised, it is, therefore,
ORDERED that:
1. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed.
2. The Petition to Intervene filed by Pasco HMA, Inc. d/b/a
Pasco Regional Medical Center on August 7, 2006, is moot.
DONE AND ORDERED this 10th day of August, 2006, in
Tallahassee, Leon County, Florida.
Leap. Co Come
CHARLES A. STAMPELOS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
STATE OF FLORIDA be
DIVISION OF ADMINISTRATIVE HEARINGS
Alla 11 9606
UNIVERSITY COMMUNITY HOSPITAL,
nce NGY © O° HEALTH CARE
INC.,
IMIS TRATION-LEGAL
Petitioner,
AGENCY FOR HEALTH CARE
ADMINISTRATION,
)
)
)
)
)
vs. ) Case No. 06-2812CON
)
)
)
)
Respondent. }
)
ORDER CLOSING FILE
This cause having come before the undersigned on the Joint
Voluntary Dismissal filed August 8, 2006, and the undersigned
‘being fully advised, it is, therefore,
ORDERED that:
l. The file of the Division of Administrative Hearings in
the above~captioned matter is hereby closed.
2. The Petition to Intervene filed by Pasco HMA, Inc. d/b/a
Pasco Regional Medical Center on August 7, 2006, is moot.
DONE AND ORDERED this 10th day of August, 2006, in
Tallahassee, Leon County, Florida.
Lay 2 Cope
CHARLES A. STAMPELOS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Docket for Case No: 06-002720CON