STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ODYSSEY HEALTHCARE OF MARION COUNTY, INC. Petitioner, DOAH CASE NO. 07-4556. AHCA CASE NO. 200701654 vs. . CON NO. cs STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and HOSPICE OF MARION COUNTY, INC., Intervenor. FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency"). concerning Certificate of Need ("CON") Application No. 9983, which was filed by ODYSSEY HEALTHCARE OF MARION COUNTY, INC. (hereinafter "Odyssey of Marion”) in the First Batching Cycle of 2007, requesting a CON to establish a hospice program. The application was denied. Thereafter, Odyssey of Marion 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 April 8, 2009, Odyssey of Marion, along with the Agency and Hospice of Marion County, Inc. filed a Joint Stipulation to Dismiss with Prejudice and withdrawing its application from further consideration of the DOAH case. On April 10, 2009, an Order Closing File was issued by DOAH as a result of the Joint Stipulation to Dismiss with Prejudice. It is therefore ORDERED and ADJUDGED: 1. The Joint Stipulation to Dismiss with Prejudice and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9983 is hereby denied. 3. The above-styled case is hereby closed. a ) DONE and ORDERED this _Z\_ day of __/ ay , 2009, in Tallahassee, Florida. HOLLY BENSON, 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 _ BR cay of , 2009. 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 E. Emanuele, Esquire David A. Fagerstrom, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Fort Lauderdale, Florida 33308-6225 John F. Gilroy, III, Esquire John F. Gilroy, III, P.A. 1695 Metropolitan Circle, Suite 2 Tallahassee, Florida 32308 Theresa A. Reth, Esquire Post Office Box 490 Orange Lake, FL 32681 Richard Joseph Saliba Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3, MS #3 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) STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ODYSSEY HEALTHCARE OF MARION COUNTY, INC., Petitioner, CASE NO. 07-4556CON CON NO. 9983 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF MARION COUNTY, INC., Intervenor JOINT STIPULATION TO DISMISS WITH PREJUDICE The parties, by and throngh their undersigned counsel, stipulate, agree and move this Coust to enter an Order of Dismissal with Prejudice as follows: 1. This action shall be disrnissed with prejudice, and ODYSSEY HEALTHCARE OF MARION COUNTY INC, withdraws its application from further consideration. pees Novak, Esq., . Florida Bar # 0023851 Assistant General Counsel, 3600 N. Federal Hwy., Third Floor Agency for Health Care Administration Fort Lauderdale, FL, 33308 Fort Knox Bldg. 3, Mail Stop 3, (954) 390-0100 2727 Mahan Dr., Fax (054-390-7991 ‘Tallahassee, FL 32308 (850) 921-0158 Fax (850-921-0158 Filed April 9, 2009 3:23 PM Division of Administrative Hearings. John F. Gilroy, IL Fla. Bar No, 0454729 1695 Metropolitan Circle, Suite 2 ‘Tallahassee, Florida 32308 On Behalf of Hospice of Marion County, Inc. (850) 385-1368 FAX: (850) 422-0221 Theresa A, Reth, Esquire Fla.Bar No. 329169 P.O. Box 490 Orange Lake Florida 32681 (352) 732-7878 (352) 591-8555

Docket for Case No: 07-004556CON