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17-000651CON Orlando Health Central, Inc. vs. Adventist Health System/Sunbelt, Inc., D/B/A Florida Hospital And Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 28, 2018.

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1with 103 acute care beds in Orange County, Subdistrict 7-2. 1 Being fully advised in the premises,

18the Agency finds as follows:

231. Florida Hospital filed a petition for hearing supporting the Agency's preliminary

35approval of its CON application and challenging CON Application 10454 filed by the co-hatched

49applicant, Orlando Health. (DOAH 17-1188CON)

542. Orlando Health filed an amended petition for hearing challenging the Agency's

66preliminary approval of Florida Hospital's CON Application 10450. (DOAH 17-0651CON)

763. The petitions for hearing were referred to the Division of Administrative Hearings,

89where they were consolidated for hearing.

954. On September 26, 2018, Florida Hospital filed a Notice of Voluntary Dismissal of

109its petition for hearing.

1135. On September 26, 2018, Orlando Health filed a Notice of Voluntary Dismissal of

127its petition for hearing.

1316. The Administrative Law Judge entered orders closing the cases and relinquishing

143jurisdiction to the Agency allowing the entry of final orders.

153It is therefore ORDERED:

1571. The Agency's preliminary approval of CON Application 10450 filed by Florida

169Hospital is UPHELD.

1722. The Agency's preliminary approval of CON Application 10454 filed by Orlando

184Health is UPHELD.

1871 There was a total of four petitions for hearing for these co-hatched applications. On August 8, 2017, the Agency

207issued an Amended Final Order issuing CON 10451 to Central Florida Health Services, LLC. On February 23, 2018,

225the Agency issued a Final Order dismissing the petition for hearing filed by Central Florida Health Services, LLC,

243which challenged the approval of CON Application 10450 filed by Florida Hospital.

255ORDERED in Tallahassee, Florida, on of , 2018.

262retary

263are Administration

265NOTICE OF RIGHT TO JUDICIAL REVIEW

271A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

289instituted by filing the original Notice of Appeal with the Agency Clerk of AHCA, and a copy

306along with the filing fee prescribed by law with the District Court of Appeal in the appellate district

324where the Agency maintains its headquarters or where a party resides. Review of proceedings

338shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be

354filed within 30 days of the rendition of the order to be reviewed.

367CERTIFICATE OF SERVICE

370I HEREBY CERTIFY that a true and correct copy of this Final Order has been furnished

386by the method designated to the persons named below on this of czchJ.v---- ,

3992018.

400Richar . Shoop, ency Clerk

405Agency for Health Care Administration

4102727 Mahan Drive, Mail Stop #3

416Tallahassee, Florida 32308

419(850) 412-3630

421John D. C. Newton, II

426Administrative Law Judge

429Division of Administrative Hearings

433(Electronic Filing)

435Stephen K. Boone, Esquire

439Boone, Boone, Boone & Koda, P .A.

446sboone@boone-law .com

448PWilliamson@boone-law .com

450Attorney for Florida Hospital

454Tiffany Roddenberry, Esquire

457Mia McKown, Esquire

460Holland & Knight

463Tiffany.Roddenberry@Hklaw.Com

464mia.mckown@hklaw .com

466jennifer.gillis@hklaw.com

467Attorneys for Adventist Health System/Sunbelt,

472Inc. d/b/a Florida Hospital

476Karen A. Putnal, Esquire

480Jon C. Moyle, Esquire

484Moyle Law Firm, P .A.

489kputnal@moylelaw .com

491jmoyle@moylelaw.com

492mqualls@moylelaw.com

493Attorneys for Orlando Health Central, Inc.

499Richard Saliba, Assistant General Counsel

504Lindsey L. Miller-Hailey, Assistant General Counsel

510Office ofthe General Counsel

514Agency for Health Care Administration

519(Electronic Mail)

521JaniceK. Mills, Government Analyst II

526Facilities Intake Unit

529Agency for Health Care Administration

534(Electronic Mail)

536Marisol M. Fitch, Unit Manager

541Certificate ofNeed Unit

544Agency for Health Care Administration

549(Electronic Mail)

551Jack Plagge, Unit Manager

555Hospital and Outpatient Services Unit

560Agency for Health Care Administration

565(Electronic Mail)

Dockets
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PDF
Date
Proceedings
PDF:
Date: 11/01/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 10/31/2018
Proceedings: Agency Final Order
PDF:
Date: 09/28/2018
Proceedings: Order Canceling Hearing, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 09/26/2018
Proceedings: Unopposed Motion to Relinquish Jurisdiction for Entry of Agency Final Order (filed in Case No. 17-001188CON).
PDF:
Date: 09/26/2018
Proceedings: Unopposed Motion to Relinquish Jurisdiction filed.
PDF:
Date: 09/26/2018
Proceedings: Notice of Voluntary Dismissal (Case No. 17-1188CON) filed.
PDF:
Date: 09/26/2018
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 09/19/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Ohe) filed.
PDF:
Date: 09/19/2018
Proceedings: Notice of Taking Deposition Duces Tecum (McGuirk) filed.
PDF:
Date: 09/19/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Marsh) filed.
PDF:
Date: 09/19/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Jones) filed (DUPLICATE).
PDF:
Date: 09/19/2018
Proceedings: Notice of Taking Deposition Duces Tecum (Jones) filed (DUPLICATE).
PDF:
Date: 09/19/2018
Proceedings: Re-Notice of Taking Deposition Duces Tecum (Richardson) filed.
PDF:
Date: 09/19/2018
Proceedings: Orlando Health, Inc.'s Notice of Taking Deposition Duces Tecum of Armand Balsano filed.
PDF:
Date: 09/19/2018
Proceedings: Orlando Health, Inc.'s Notice of Taking Deposition Duces Tecum of David Leavitt filed.
PDF:
Date: 09/18/2018
Proceedings: Orlando Health, Inc.'s Notice of Taking Deposition Duces Tecum of Timothy Steve McElveen, M.D. filed.
PDF:
Date: 09/18/2018
Proceedings: Orlando Health, Inc.'s Notice of Taking Deposition Duces Tecum of Tim Cook filed.
PDF:
Date: 09/18/2018
Proceedings: Orlando Health, Inc.'s Notice of Taking Deposition Duces Tecum of Michael Mercado, M.D. filed.
PDF:
Date: 09/18/2018
Proceedings: Orlando Health, Inc's Notice of Taking Deposition Duces Tecum of Linus Wodi, M.D. filed.
PDF:
Date: 09/17/2018
Proceedings: Notice of Taking Deposition (Richardson) filed.
PDF:
Date: 09/17/2018
Proceedings: Notice of Taking Depositions (Gentry, Ellis, Manzanares, Mercardo, Wodi) filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of Mike Bolhoefer filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of Michelle Gentry filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of Mayor John Rees filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of James Manzanares, M.D filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of Chief Matt McGrew filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of Brooke Ellis filed.
PDF:
Date: 09/14/2018
Proceedings: OHCIs Notice of Taking Deposition Duces Tecum of Miles Bennett, D.O filed.
PDF:
Date: 09/13/2018
Proceedings: Notice of Appearance (Lindsey Miller-Hailey) filed.
PDF:
Date: 08/31/2018
Proceedings: Florida Hospital's Final Witness List filed.
PDF:
Date: 08/31/2018
Proceedings: Orlando Health Central, Inc.'s Final Witness List filed.
PDF:
Date: 08/15/2018
Proceedings: Orlando Health Central, Inc.'s Responses and Objections to Adventist Health System/Sunbelt, Inc.'s First Request for Production of Documents filed.
PDF:
Date: 08/15/2018
Proceedings: Orlando Health Central Inc.'s Notice of Service of Responses and Objections to Adventist Health System/Sunbelt, Inc.'s First Interrogatories and First Request to Produce filed.
PDF:
Date: 08/15/2018
Proceedings: Adventist Health System/Sunbelt, Inc.'s Responses and Objections to Orlando Health Central, Inc.'s First Request for Production of Documents to Adventist Health System/Sunbelt, Inc. filed.
PDF:
Date: 08/15/2018
Proceedings: Adventist Health System/Sunbelt, Inc.'s Notice of Service of Answers and Objections to Orlando Health Central, Inc.'s First Set of Interrogatories to Adventist Health System/Sunbelt, Inc. filed.
PDF:
Date: 08/10/2018
Proceedings: Orlando Health Central, Inc.'s Supplemental Preliminary Witness List filed.
PDF:
Date: 08/03/2018
Proceedings: Order Denying Motion to Abate.
PDF:
Date: 08/03/2018
Proceedings: Florida Hospital's Notice of Filing filed.
PDF:
Date: 07/30/2018
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for August 2, 2018; 2:00 p.m.).
PDF:
Date: 07/27/2018
Proceedings: Agency Objection to Motion Filed by Orlando Health Central, Inc., filed.
PDF:
Date: 07/27/2018
Proceedings: Orlando Health's Motion for Leave to File Brief Reply to Adventist Response in Opposition to Orlando Health's Motion for Abeyance Pending Outcome of Appeal (filed in Case No. 17-001188CON).
PDF:
Date: 07/27/2018
Proceedings: Orlando Health's Motion for Leave to File Brief Reply to Adventist Response in Opposition to Orlando Health's Motion for Abeyance Pending Outcome of Appeal filed.
PDF:
Date: 07/25/2018
Proceedings: Respondents' Response in Opposition to Orlando Health's Motion for Abeyance Pending Outcome of Appeal filed.
PDF:
Date: 07/24/2018
Proceedings: Orlando Health Central, Inc.'s Preliminary Witness List filed.
PDF:
Date: 07/24/2018
Proceedings: Florida Hospital's Preliminary Witness List filed.
PDF:
Date: 07/24/2018
Proceedings: Orlando Health's Motion for Abeyance Pending Outcome of Related Appeal (filed in Case No. 17-001188CON).
PDF:
Date: 07/24/2018
Proceedings: Orlando Health's Motion for Abeyance Pending Outcome of Related Appeal filed.
PDF:
Date: 03/07/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/05/2018
Proceedings: Notice of Filing Joint Proposed Order of Pre-hearing Instructions (filed in Case No. 17-001188CON).
PDF:
Date: 03/05/2018
Proceedings: Notice of Filing Joint Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 02/23/2018
Proceedings: Amended Second Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 02/22/2018
Proceedings: Notice of Retaining Court Reporter filed.
PDF:
Date: 02/21/2018
Proceedings: Notice of Appearance (Tiffany Roddenberry) filed.
PDF:
Date: 02/21/2018
Proceedings: Notice of Appearance (Mia McKown) filed.
PDF:
Date: 02/21/2018
Proceedings: Second Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 02/21/2018
Proceedings: Notice of Telephonic Pre-hearing Conference (set for October 12, 2018; 1:30 p.m.).
PDF:
Date: 02/21/2018
Proceedings: Notice of Hearing (hearing set for October 29 through November 2 and 5 through 8, 2018; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 02/14/2018
Proceedings: Joint Status Report filed.
PDF:
Date: 11/01/2017
Proceedings: Order Continuing Case in Abeyance (parties to advise status by February 15, 2018).
PDF:
Date: 10/23/2017
Proceedings: Joint Status Report filed.
PDF:
Date: 10/23/2017
Proceedings: Joint Status Report (filed in Case No. 17-001188CON).
PDF:
Date: 07/13/2017
Proceedings: Notice of Voluntary Dismissal (Central Florida) filed.
PDF:
Date: 07/12/2017
Proceedings: Notice of Voluntary Dismissal (Adventist Health System/Sunbelt, Inc., d/b/a Florida Hospital) filed.
PDF:
Date: 06/26/2017
Proceedings: First Order of Abatement (parties to advise status by October 23, 2017).
PDF:
Date: 06/23/2017
Proceedings: Adventist Health System/Sunbelt, Inc.'s d/b/a Florida Hospital's Motion to Hold Case in Abeyance filed.
PDF:
Date: 06/07/2017
Proceedings: FHs First Request for Production of Documents to Orlando Health Central, Inc (filed in Case No. 17-000651CON).
PDF:
Date: 06/07/2017
Proceedings: Adventist Health System/Sunbelt, Inc.'s d/b/a Florida Hospital Notice of Service of It's First Request for Production of Documents and First Interrogatories to Orlando Health Central, Inc. (filed in Case No. 17-000651CON).
PDF:
Date: 05/26/2017
Proceedings: Orlando Health Central, Inc.'s First Request for Production of Documents to Adventist Health System/Sunbelt, Inc. (filed in Case No. 17-001188CON).
PDF:
Date: 05/26/2017
Proceedings: Orlando Health Central, Inc.'s Notice of Service of First Interrogatories and First Request to Produce Documents to Adventist Health System/Sunbelt, Inc. (filed in Case No. 17-001188CON).
PDF:
Date: 03/31/2017
Proceedings: Order Denying Motion of Adventist Health System/Sunbelt, Inc., to Dismiss Amended Petition of Orlando Health Central, Inc..
PDF:
Date: 03/21/2017
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 03/20/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/15/2017
Proceedings: Orlando Health's and Agency for Health Care Administration's Response to Adventist Motion to Dismiss and Request for Motion Hearing filed.
PDF:
Date: 03/08/2017
Proceedings: Motion to Dismiss Orlando Health Central, Inc.'s Amended Petition for Formal Administrative Proceeding filed.
PDF:
Date: 03/08/2017
Proceedings: Notice of Filing Joint Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 03/06/2017
Proceedings: Notice of Substitution of Counsel (Lindsey Miller) filed.
PDF:
Date: 03/06/2017
Proceedings: Notice of Appearance (Lindsey Miller) filed.
PDF:
Date: 03/06/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 03/02/2017
Proceedings: Unopposed Motion for Brief Extension of Time to File the Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 02/23/2017
Proceedings: Order Requesting Proposed Order of Pre-hearing Instructions.
PDF:
Date: 02/23/2017
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 02/23/2017
Proceedings: Notice of Retaining Court Reporter filed.
PDF:
Date: 02/23/2017
Proceedings: Notice of Hearing (hearing set for October 23 through 27, 30 through November 3, 6 through 10, 13 through 17, 20, and 21, 2017; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 02/22/2017
Proceedings: Order of Consolidation (DOAH Case Nos. 17-0509CON, 17-0511CON, 17-0651CON, and 17-1188CON).
PDF:
Date: 02/16/2017
Proceedings: Notice of Telephonic Motion Hearing and Scheduling Conference (motion hearing set for February 20, 2017; 9:30 a.m.).
PDF:
Date: 02/09/2017
Proceedings: Joint Response to Initial Orders and Opposed Motions to Consolidate filed.
PDF:
Date: 02/09/2017
Proceedings: Orlando Health Central, Inc.'s Unopposed Motion to Sever, to Correct Style of Petition, and to Assign Case Number to Corrected Petition filed.
PDF:
Date: 01/30/2017
Proceedings: Notice of Appearance (Jon Moyle) filed.
PDF:
Date: 01/30/2017
Proceedings: Initial Order.
PDF:
Date: 01/30/2017
Proceedings: Agency's Response to Orlando Health Central, Inc.'s Motion to Dismiss filed.
PDF:
Date: 01/30/2017
Proceedings: Motion to Dismiss Adventist Health System/Sunbelt, Inc., Petition Filed January 11, 217 as Untimely and Unauthorized filed.
PDF:
Date: 01/30/2017
Proceedings: Petition Supporting Agency Decision and Challenging Co-batched Applicants filed.
PDF:
Date: 01/30/2017
Proceedings: Order on Pending Motions filed.
PDF:
Date: 01/30/2017
Proceedings: The Agency's Response to OHCI's Motion for Leave to Submit Brief Reply filed.
PDF:
Date: 01/30/2017
Proceedings: Adventist's Response to OHCI's Motion for Leave to Submit Brief Reply filed.
PDF:
Date: 01/30/2017
Proceedings: OHCI Motion for Leave to Submit Brief Reply to Adventist Response to OHCI's Motion to Dismiss Pursuant to Rule 28-106.24 filed.
PDF:
Date: 01/30/2017
Proceedings: OHCI Response to Adventist Motion to Dismiss OHCI Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/30/2017
Proceedings: OCHI's Notice of Intent to File Response to Adventist Motion to Dismiss OHCI's Petition filed.
PDF:
Date: 01/30/2017
Proceedings: Motion to Dismiss Orlando Health Central, Inc.'s Amended Petition for Formal Administrative Proceeding filed.
PDF:
Date: 01/30/2017
Proceedings: Amended Petition for Formal Administrative Proceeding filed.
PDF:
Date: 01/30/2017
Proceedings: Decisions on Batch Application filed.
PDF:
Date: 01/30/2017
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
01/30/2017
Date Assignment:
01/30/2017
Last Docket Entry:
11/01/2018
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

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