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FREEMAN v. STATE, DEPT. OF HEALTH & REHAB. SERVICES

No. 82-1390.

436 So.2d 964 (1983)

Dorothy FREEMAN, Luis Vasquez, Elizabeth Gaffney and Rose Sousa, Appellants, v. The STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Florida Health Care Association and Green Briar Nursing Center, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 21, 1983.

Attorney(s) appearing for the Case

Stephen T. Maher, Miami, for appellants.

Robert P. Daniti, Tallahassee, Dempsey & Slaughter and A. Thomas Mihok, Orlando, Sparber, Shevin, Rosen, Shapo & Heilbronner and Nancy Schleifer, Miami, for appellees.

Shutts & Bowen and Andrew L. Gordon, Miami, for District 11 Long-Term Care Ombudsman Committee, amicus curiae.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.

PER CURIAM.

This is an appeal from the denial by the Department of Health and Rehabilitative Services of a petition to initiate rule-making pursuant to Section 120.54(5), Florida Statutes (1981). Three separate proposed rules were in issue. As to the first, which concerned requirements for the collection of data regarding medicaid patients from regulated nursing homes, we find no legislative or other requirement that the terms of the proposal be adopted. Compare,...

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