STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

EIGHTH FLORIDA LIVING OPTIONS, LLC,

r-. i

! . . ,...,....

Petitioner ,

v.

CASE NO. 15-1897CON AHCA NO. 2015002634

RENDITION NO.: AHCA- \U -◊1..1 -FOI-OLC

LAKELAND OAKS NH, LLC and STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondents.

                                                                    I

LAKELAND OAKS NH, LLC,

Petitioner, CASE NO. 15-1903CON AHCA NO. 2015003333

V.

EIGHTH FLORIDA LIVING OPTIONS, LLC,

Respondent.

                                                                    I

FINAL ORDER

This case was referred to the Division of Adminis trative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), James H. Peterson III, conducted a formal administrative hearing. At issue in this proceeding is which Certificate of Need ("CON" ) application seeking to approve a new 120-bed community nursing home in District 6-5, Polk County, Florida, best satisfies the statutory and rule criteria for approval. The Recommended Order entered on February 22, 2016 is attached to this final order and incorporated herein by reference.

Filed April 28, 2016 10:53 AM Division of Administrative Hearings

RULINGS ON EXCEPTIONS

Neither party filed any exceptions to the Recommended Order.

FINDINGS OF FACT

The Agency hereby adopts the findings of fact set forth in the Recommended Order.

CONCLUSIONS OF LAW

The Agency hereby adopts the conclusions of law set forth in the Recommended Order.

ORDER

Based upon the foregoing, Lakeland Oaks NH, LLC's CON application no. 10309 is hereby approved and Eighth Florida Living Options, LLC's CON application no. 10303 is hereby denied. The parties shall govern themselves accordingly.

DONE and ORDERED this / y     of                  , 2016, in Tallahassee, Florida.

ELIZABET DUDEK, SECRETARY

AGENCY FO HEALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH THE FILING FEE AS 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 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 the method indicated to the persons named below on this

.lpcni ,2016.

• / 3£ day of

COPIES FURNISHED TO:

Honorable James H. Peterson III Administrative Law Judge

Division of Administrative Hearings (via electronic filing)

OOP,Agen

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

(850) 412-3630

Jay Adams, Esquire Broad and Cassel

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301

(via electronic mail to jadams@broadandcassel.com)

Frank P. Rainer, Esquire Broad and Cassel

215 South Monroe Street, Suite 400

Tallahassee, Florida 32301

(via electronic mail to frainer@broadandcassel.com)

Seann M. Frazier, Esquire

Parker, Hudson, Rainer & Dobbs, LLP 215 South Monroe Street, Suite 750

Tallahassee, Florida 32301

(via electronic mail to sfrazier@phrd.com)

Jonathan L. Rue, Esquire

Parker, Hudson, Rainer & Dobbs, LLP 303 Peachtree Street Northeast

Suite 3600

Atlanta, Florida 30308

(via electronic mail to jrue@phrd,com)

Richard J. Saliba, Esquire Kevin M. Marker, Esquire Assistant General Counsels (via email)

Molly McKinstry

Health Quality Assurance (via email)

Jan Mills

Facilities Intake Unit (via email)

Docket for Case No: 15-001897CON

Orders for Case No: 15-001897CON