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BETHESDA HEALTHCARE SYSTEM, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION

No. 1D01-4941.

829 So.2d 353 (2002)

BETHESDA HEALTHCARE SYSTEM, INC., Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, et al., Appellees.

District Court of Appeal of Florida, First District.

November 1, 2002.

Attorney(s) appearing for the Case

W. David Watkins and R.L. Caleen, Jr., of Watkins & Caleen, P.A., Tallahassee, for Appellant.

Gregory J. Philo, Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Appellee Agency for Health Care Administration.

Paul H. Amundsen and Julia E. Smith of Amundsen & Moore, Tallahassee, for Appellee Martin Memorial Center, Inc.

R. Terry Rigsby of Law Offices of R. Terry Rigsby, Tallahassee, for Appellee Indian River Memorial Hospital, Inc.

C. Gary Williams, John R. Beranek and Sean E. Fennelly of Ausley & McMullen, Tallahassee, for Appellee Tenet Health-System Hospitals, Inc., d/b/a Delray Medical Center.

Elizabeth McArthur of Katz, Kutter, Alderman, Bryant & Yon, P.A., Tallahassee, for Appellee Tampa General Hospital.

PER CURIAM.

In this administrative appeal, the sole issue properly before us is whether, as required by section 120.54(3)(d)1, Florida Statutes (2001), the Agency for Health Care Administration's June 15, 2001, Notice of Change to proposed amendments to Florida Administrative Code Rule 59C-1.033 was "supported by the record of public hearings held on the rule [or was] in response to written material received on or before the date of the final public hearing." Because...

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