STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION #2 my FER <8 ATE US maceey ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC., Petitioner, DOAH Case No. 07-1655CON FRAES No. 2007003711 CON No. 9968 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the “Agency") concerning Certificate of Need ("CON") Application, No. 9968, which was filed by ODYSSEY HEALTHCARE OF COLLIER COUNTY, INC. (hereinafter "Odyssey”) in the Second Batching Cycle of 2006, requesting) a CON to establish a hospice program. The application was denied. Thereafter, Odyssey 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 5, 2007, Odyssey filed its voluntary dismissal of the DOAH case, On Jline 6, 2007, 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 Odyssey and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9968 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this fb day of Febrvare. , 2008, in Tallahassee, Florida. ANDREW C. WUNOBI, 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 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 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 Michael H.|/Nullman, Esquire Amy S. Towle, Esquire Panza, Maurer, & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Laudetdale, Florida 33308 Attorneys for Odyssey Healthcare of Collier County, Inc. Robert D. Newell, Jr., Esquire Newell, Terry & Douglas P.A. 817 North |Gadsden Street Tallahassee, Florida 32303-6313 Attorney for Hospice of Naples, Inc. W. David Watkins, Esquire Karl D. Acuff, Esquire Watkins &| Associates, P. A. Post Office Box 15828 Tallahassee, Florida 32317-5828 Attorneys for Hope Hospice and Community Services, Inc. J. Robert ean Esquire J. Robert Griffin, P.A. 1342 Timberlane Road, Suite 102-A Tallahassee, Florida 32312-1762 Attorney for Hope Hospice and Community Services, Inc. R. David Prescott, Esquire Stephen Al. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman] P.A. Post Office Box 551 Tallahassee, Florida 32302-0551 Attorneys for HCR Manor Care Services of Florida, Inc. Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith and) Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Attorneys for VITAS Healthcare Corporation of Florida 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 or Health Care Administration 2727 Mahan Drive, Building 3, MS #3 Tallahassee, Florida 32308 (By Interoffice Mail)

Docket for Case No: 07-001655CON