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HEALTH CARE & RETIREMENT v. DEPT. OF HEALTH

Nos. AW-192, AY-91.

463 So.2d 1175 (1984)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Florida Convalescent Centers, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 14, 1985.

Attorney(s) appearing for the Case

Jean Laramore and G. Steven Pfeiffer, of Laramore & Clark, Tallahassee, for appellant.

James M. Barclay, Tallahassee, for Dept. of Health and Rehabilitative Services, and Donna H. Stinson, of Moyle, Jones & Flanigan, Tallahassee, for Florida Convalescent Centers, Inc.

ZEHMER, Judge.

These consolidated appeals question the validity of rule 10-5.08(1)(b), Florida Administrative Code, promulgated by the Department of Health and Rehabilitative Services (Department or HRS). That rule implements the requirements in section 381.494(5), Florida Statutes (1982 Supp.),1 and reads:

At least 30 days prior to filing an application, a letter of intent respecting the development of a proposal must be actually...

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