FILED STATE OF FLORIDA | AGENCY FOR HEALTH CARE ADMINISTRATION AGENLY CLERK VITAS HEALTHCARE CORPORATION FES Ip A i 33 BH FEB “9 A % 25. OF FLORIDA, Petitioner, vs. DOAH CASE NO. 07-4557CON AHCA CASE NO. 2007010907 STATE OF FLORIDA, AGENCY FOR CON NO. 9985 HEALTH CARE ADMINISTRATION, Respondent, and THE HOSPICE OF THE FLORIDA SUNCOAST, INC.; THE HOSPICE OF THE FLORIDA SUNCOAST, INC.; and HOSPICE SYSTEMS, INC. d/b/a SUNCOAST SOLUTIONS, Intervenors. / FINAL ORDER THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the "Agency") concerning Certificate of Need ("CON") Application No. 9985, which was filed by VITAS HEALTHCARE CORPORATION OF FLORIDA (hereinafter "VITAS”) in the First Batching Cycle of 2007, requesting a CON to establish a hospice program. The Agency denied the application. Thereafter, VITAS timely filed a Petition for Formal Administrative Hearing with respect to the denial, which the Agency Clerk forwarded to the Division of Administrative Hearings (‘DOAH”). On October 3, 2008, VITAS filed a Notice of Voluntary Dismissal of the DOAH. The Notice of Voluntary Dismissal is attached hereto as Exhibit A. On October 3, 2008, DOAH issued an Order Closing File as a result of the voluntary dismissal. The Order Closing File is attached hereto as Exhibit B. It is therefore ORDERED and ADJUDGED: 1. The voluntary dismissal by VITAS and the Order Closing File by DOAH are hereby acknowledged and accepted. 2. CON Application No. 9985 is hereby denied. 3. The above-styled case is hereby closed. DONE and ORDERED this 2“ day of _(2/ruary , 2009, in Tallahassee, Florida. AB fear-er OLLY 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. 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 CS named below on this 7 day of 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 Geoffrey D. Smith, Esquire Susan C. Smith, Esquire Smith & Associates 2873 Remington Green Circle Tallahassee, Florida 32308 Attorneys for VITAS Healthcare Corporation of Florida, Inc. 3 Paul H. Amundsen, Esquire Julia E. Smith, Esquire Amundsen & Smith, P.A. 502 East Park Avenue Post Office Drawer 1759 Tallahassee, Florida 32302 Attorney for The Hospice of The Florida Suncoast, Inc 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 Attorneys for Odyssey Healthcare of Pinellas County, Inc. Lorraine M. Novak, Esquire 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)

Docket for Case No: 07-004557CON