DEPT. OF HEALTH v. SHANDS JACKSONVILLE

No. 1D17-1713, No. 1D17-1717.

259 So.3d 247 (2018)

DEPARTMENT OF HEALTH and The Public Health Trust of Miami-Dade County, Florida, d/b/a Jackson South Community Hospital, Appellants, v. SHANDS JACKSONVILLE MEDICAL CENTER, INC., d/b/a UF Health Jacksonville, JFK Medical Center Limited Partnership, d/b/a JFK Medical Center; Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center; Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital; Lee Memorial Health System, d/b/a Lee Memorial Hospital; Bayfront HMA Medical Center, LLC, d/b/a Bayfront Health-St. Petersburg, and St. Joseph's Hospital, Inc., d/b/a St. Joseph's Hospital, Appellees. JFK Medical Center Limited Partnership d/b/a JFK Medical Center; Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center, and The Public Health Trust of Miami-Dade County, Florida, d/b/a Jackson South Community Hospital, Appellants, v. Shands Jacksonville Medical Center, Inc., d/b/a UF Health Jacksonville, Department of Health, Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital, Lee Memorial Health System d/b/a Lee Memorial Hospital, Bayfront HMA Medical Center, LLC, d/b/a Bayfront Health-St Petersburg, and St. Joseph's Hospital, Inc., d/b/a St. Joseph's Hospital, Appellees.

District Court of Appeal of Florida, First District.

November 13, 2018.


Attorney(s) appearing for the Case

William Dean Hall, III , Marc W. Dunbar , and Daniel R. Russell of Jones Walker LLP, Tallahassee; Jason Gonzalez and Amber Stoner of Shutts & Bowen LLP, Tallahassee; and Jay Patrick Reynolds , Chief Legal Counsel, and Michael J. Williams , Assistant General Counsel, Florida Department of Health, Tallahassee, for Department of Health.

Thomas F. Panza , Jennifer K. Graner , Brian S. Vidas , and Paul C. Buckley of Panza, Maurer & Maynard, P.A., Fort Lauderdale, for The Public Health Trust of Miami-Dade County, Florida.

Stephen A. Ecenia , J. Stephen Menton , and Gabriel F. V. Warren of Rutledge Ecenia, P.A., Tallahassee, for JFK Medical Center and Orange Park Medical Center.

Seann M. Frazier and Marc Ito of Parker, Hudson, Rainer & Dobbs, LLP, Tallahassee, for UF Health Jacksonville, Lee Memorial Health System, and Tampa General Hospital.

Karen A. Putnal and Jon C. Moyle of Moyle Law Firm, Tallahassee, for St. Joseph's Hospital.

Geoffrey D. Smith , Timothy B. Elliott and Corinne Porcher of Smith & Associates, Tallahassee, for Bayfront Medical Center.


These two appeals1 seek review of an administrative order that found proposed rules of the Department of Health ("the Department") for allocating the minimum number of trauma centers throughout the state to be an invalid exercise of delegated legislative authority. This case ultimately revolves around the Department...

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