10-001681CON Odyssey Healthcare Of Collier County, Inc., D/B/A Odyssey Healthcare Of Central Florida vs. Florida Hospital Hospicecare, United Hospice Of Florida, And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 9, 2010.


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1STATE OF FLORIDA ICA

5DIVISION OF ADMINISTRATIVE HEARINGS MtU f CLERK

12ODYSSEY HEALTHCARE OF COLLIER 2010 AN i 2l P 12 5q

23COUNTY INC d b a ODYSSEY

29HEALTHCARE OF CENTRAL FLORIDA

33Petitioner DOAH CASE NO 10 1681CON

39AHCA CASE NO 2010003089

43VS CON NO 10071

47STATE OF FLORIDA AGENCY FOR

52HEALTH CARE ADMINISTRATION

55FLORIDA HOSPITAL HOSPICECARE

58AND UNITED HOSPICE OF FLORIDA

63INC

64Respondents

65FINAL ORDER

67THIS CAUSE comes before the AGENCY FOR HEALTH CARE

76ADMINISTRATION the Agency concerning co batched Certificate of Need

85CON Application Nos 10069 10072 seeking to establish a new hospice

96program in Orange County District 7 13

103ODYSSEY HEALTHCARE OF COLLIER COUNTY INC d b a ODYSSEY

113HEALTHCARE OF CENTRAL FLORIDA hereinafter Odyssey Healthcare filed

121CON Application No 10071 in the Second Batching Cycle of 2009 The

133application was denied

136Thereafter Odyssey Healthcare timely filed a Petition for Formal

145Administrative Hearing with respect to its denial The Petition was

155forwarded by the Agency Clerk to the Division of Administrative Hearing

166DOAH

167On June 8 2010 Odyssey Healthcare filed its voluntary dismissal of

178the DOAH Case No 10 1681CON Ex 1

186On June 9 2010 an Order Severing DOAH Case No 10 1681CON

198Ex 2 and an Order Closing file Ex 3 were issued by DOAH as a result of

215Odyssey Healthcare s voluntary dismissal

220It is therefore ORDERED and ADJUDGED

2261 The voluntary dismissal by Odyssey Healthcare is hereby

235acknowledged and accepted

2382 CON Application No 10071 is hereby denied

2463 The above styled case is hereby closed

254DONE and ORDERED this day of August 2010 in Tallahassee

264Florida

265THO S W ARNO D Secretary

271AGENCY FOR HEALTH CARE ADMINISTRATION

276NOTICE OF RIGHT TO JUDICIAL REVIEW

282A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS

293ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY

302FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK

312OF AHCA AND A COPY ALONG WITH THE FILING FEE PRESCRIBED

323BY LAW WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE

334DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR

342WHERE A PARTY RESIDES REVIEW PROCEEDINGS SHALL BE

350CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE

357RULES THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF

369THE RENDITION OF THE ORDER TO BE REVIEWED

377CERTIFICATE OF SERVICE

380I HEREBY CERTIFY that a true and correct copy of the foregoing

392Final Order has been furnished by U S or interoffice mail to the persons

4061

407named below on this o ws 2010

414RICHARD J SHOOP Agency Clerk

419Agency for Health Care Administration

4242727 Mahan Drive Mail Stop 3

430Tallahassee Florida 32308

433850 3630 412

436COPIES FURNISHED TO

439Charles A Stampelos

442Administrative Law Judge

445Division of Administrative Hearings

449The DeSoto Building

4521230 Apalachee Parkway

455Tallahassee Florida 32399 3060

459Stephen K Boone Esquire

463Boone Boone Boone Koda Frook P A

4701001 Avenida Del Circo

474Post Office Box 1596

478Venice Florida 34284

481Geoffrey D Smith Esquire

485Susan C Smith Esquire

489Timothy B Elliott Esquire

493Smith Associates

4952873 Remington Green Circle

499Tallahassee Florida 32308

502Mark A Emanuele Esquire

506Deborah S Platz Esquire

510Elizabeth Lauren Pedersen Esquire

514Panza Maurer Maynard P A

519Bank of America Building Third Floor

5253600 North Federal Highway

529Fort Lauderdale Florida 33308

533Lorraine M Novak Esquire

537Assistant General Counsel

540Agency for Health Care Administration

5452727 Mahan Drive Bldg 3 MS 3

552Tallahassee Florida 32308

555By Interoffice Mail

558Janice Mills

560Government Analyst II

563Facilities Intake

565Agency for Health Care Administration

5702727 Mahan Drive Building 3 MS 3

577Tallahassee Florida 32308

580By Interoffice Mail

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/27/2010
Proceedings: Agency Final Order
PDF:
Date: 08/27/2010
Proceedings: Agency Final Order filed.
PDF:
Date: 06/09/2010
Proceedings: Order Closing File. CASE CLOSED.
PDF:
Date: 06/09/2010
Proceedings: Order Severing DOAH Case No. 10-1681CON.
PDF:
Date: 06/08/2010
Proceedings: Odyssey Healthcare of Collier County, Inc. d/b/a Odyssey Healthcare of Central Florida's Notice of Voluntary Dismissal filed.
PDF:
Date: 05/10/2010
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/07/2010
Proceedings: Notice of Filing Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 05/05/2010
Proceedings: Order Granting Extension of Time (the proposed order of pre-hearing instructions to be filed by May 7, 2010).
PDF:
Date: 05/05/2010
Proceedings: Motion for Additional Extension of Time filed.
PDF:
Date: 04/28/2010
Proceedings: Order Granting Extension of Time (proposed order of pre-hearing instructions to be filed by May 4, 2010).
PDF:
Date: 04/28/2010
Proceedings: Joint Motion for Extension of Time filed.
PDF:
Date: 04/21/2010
Proceedings: Odyssey Healthcare of Collier County, Inc. d/b/a Odyssey Healthcare of Central Florida's Notice of Unavailability/Conflict filed.
PDF:
Date: 04/13/2010
Proceedings: Order (parties are to file a proposed order of pre-hearing instructions within 14 days of order).
PDF:
Date: 04/13/2010
Proceedings: Notice of Hearing (hearing set for September 13 through 17, 20 through 23 and September 27 through October 1, 2010; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 04/13/2010
Proceedings: Order of Consolidation (DOAH Case Nos. 10-1681CON, 10-1861CON).
PDF:
Date: 04/12/2010
Proceedings: Notice of Unavailability filed.
PDF:
Date: 04/09/2010
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 04/08/2010
Proceedings: Order (Petitioner's motion to amend style of case is moot as the style of the case has already been changed).
PDF:
Date: 04/08/2010
Proceedings: Motion to Amend Style of Case filed.
PDF:
Date: 04/02/2010
Proceedings: Order Granting Extension of Time (response to the Initial Order to be filed by April 9, 2010).
PDF:
Date: 04/01/2010
Proceedings: Notice of Appearance (filed by S.Boone ).
PDF:
Date: 03/31/2010
Proceedings: Odyssey Healthcare of Collier County, Inc. d/b/a Odyssey Healthcare of Central Florida's Unopposed Motion for Four (4) Day Extension of Time to Respond to Initial Order filed.
PDF:
Date: 03/31/2010
Proceedings: Letter to Judge Stampelos from P.Amundsen requesting to file a formal notice in case filed.
PDF:
Date: 03/29/2010
Proceedings: Initial Order.
PDF:
Date: 03/24/2010
Proceedings: State Agency Action Report on Application for Certificate of Need filed.
PDF:
Date: 03/24/2010
Proceedings: Petition for Formal Administrative Hearing and Petition for Leave to Intervene filed.
PDF:
Date: 03/24/2010
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
CHARLES A. STAMPELOS
Date Filed:
03/26/2010
Date Assignment:
03/29/2010
Last Docket Entry:
08/27/2010
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels