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MORTON F. PLANT HOSP. ASS'N, INC. v. STATE

No. BJ-388.

491 So.2d 586 (1986)

MORTON F. PLANT HOSPITAL ASSOCIATION, INC., Appellant, v. STATE of Florida, Department of Health and Rehabilitative Services, and Psychiatric Hospitals of Florida, Inc., D/B/a Horizon Hospital, Appellees.

District Court of Appeal of Florida, First District.

July 9, 1986.

Attorney(s) appearing for the Case

Alan C. Sundberg, Cynthia S. Tunnicliff and F. Townsend Hawkes of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tallahassee, for appellant.

Theodore E. Mack, Asst. Gen. Counsel, Dept. of Health and Rehabilitative Services, for State of Fla.

Charles A. Stampelos of McFarlain, Bobo, Sternstein, Wiley & Cassedy, P.A., Tallahassee, for Psychiatric Hospitals of Florida, Inc., d/b/a Horizon Hosp., appellees.

NIMMONS, Judge.

This appeal is taken from an order of the Department of Health and Rehabilitative Services (HRS) denying appellant a Certificate of Need (CON) for a proposed short term psychiatric facility. Appellant primarily argues that HRS erroneously denied the CON based on cost of the proposed project although such cost does not relate to the cost of providing these services to the consumer. We find competent substantial evidence to support the denial of the...

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