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DHRS v. FLORIDA MEDICAL CENTER

No. 89-2019.

578 So.2d 351 (1991)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. FLORIDA MEDICAL CENTER, NME Hospitals, Inc., and Florida Hospital, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 14, 1991.

Attorney(s) appearing for the Case

Lesley Mendelson, Dept. of Health and Rehabilitative Services, Tallahassee, for appellant.

Eric B. Tilton, Tallahassee, for appellee, Florida Medical Center.

C. Gary Williams and Stephen C. Emmanuel of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellee, NME Hospitals, Inc.

Robert T. Klingbeil, Jr. of Boone, Boone, Klingbeil, Boone & Roberts, Venice, for appellee, Florida Hosp.

ALLEN, Judge.

The Department of Health and Rehabilitative Services appeals from an order wherein a hearing officer of the Division of Administrative Hearings determined, following a Section 120.54(4), Florida Statutes, validity hearing, that a proposed rule was invalid because changes made in the proposed rule failed to comply with the provisions of Section 120.54(13)(b), Florida Statutes. The appellant argues that the appellees' petitions for a 120.54(4) hearing...

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