15-006204RP The Public Health Trust Of Miami-Dade County, Florida vs. Department Of Health
 Status: Closed
DOAH Final Order on Friday, April 8, 2016.


View Dockets  
Summary: Trauma center certification applicant did not have standing to challenge rules for creating trauma agencies that coordinate trauma systems. Alleged injury was speculative and not immediate.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8THE PUBLIC HEALTH TRUST OF

13MIAMI - DADE COUNTY, FLORIDA,

18Petitioner,

19vs. Case No. 15 - 6204RP

25DEPARTMENT OF HEALTH,

28Respondent,

29and

30KENDALL HEALTHCARE GROUP, LTD ,

34d/b/a KENDALL REGIONAL MEDICAL

38CENTER ; AND O RANGE PARK MEDICAL

44CENTER, INC ., d/b/a ORANGE PARK

50MEDICAL CENTER,

52Intervenors.

53_______________________________/

54FINAL ORDER

56Administrative Law Judge John D. C. Newton, II, of the

66Division of Administrative Hearings (DOAH) conducted the final

74hearing on February 22, 2016, in Tallahassee, Florida.

82APPEARANCES

83For Petitioner : Thomas Francis Panza, Esquire

90Paul Buckley, Esquire

93Panza, Maurer & Maynard, P.A.

98Bank of America Building, Third Floor

1043600 North Federal Highway

108Fort Lauderdale, Florida 33308

112For Respondent: Daniel Ryan Russell, Esquire

118Jones, Walker, Waechter, Poitevent,

122Carrere and Denegre, LLP

126Post Office Box 351

130Tallahassee, Florida 32302 - 0351

135Nichole Chere Geary, General Counsel

140Department of Health

143Bin A - 02

1474052 Bald Cypress Way

151Tallahassee, Florida 32399

154For Intervenors: Stephen A. Ecenia, Esquire

160J. Stephen Menton, Esquire

164Gabriel F.V. Warren, Esquire

168Rutledge, Ecenia and Purnell, P.A.

173119 South Monroe Street, Suite 202

179Post Office Box 551

183Tallahassee, Florida 32302 - 0551

188STATEMENT OF THE ISSUES

192A. Doe s Petitioner, The Public Health Trust of Miami - Dade

204County, Florida (Health Trust), have standing to challenge

212Department of Health (Department) proposed rules 64J - 2.007,

22164J - 2.008, and 64J - 2.009?

228B. Is proposed rule 64J - 2.007 an invalid exercise of

239delegated legislative authority?

242C. Is proposed rule 64J - 2.008 an invalid exercise of

253delegated legislative authority?

256D. Is proposed rule 64J - 2.009 an invalid exercise of

267delegated legislative authority?

270PRELIMINARY STATEMENT

272This is a challenge, brought u nder the authority of

282section 120.56, Florida Statutes (2015), 1/ to the validity of

292three proposed rules of the Department. Health Trust filed a

302Petition for Determination of Invalidity of Proposed Rules. The

311petition challenges the validity of proposed rules 64J - 2.007,

32164J - 2.008, 64J - 2.009, and 64J - 2.010. Three of those rules

335regulate approval of trauma agencies. Kendall Healthcare Group,

343Ltd. , d/b/a Kendall Regional Medical Center (Kendall Regional),

351and Orange Park Medical Center, Inc., d/b/a Orang e Park Medical

362Center (Orange Park), were granted leave to intervene.

370After the parties conducted discovery, the Department

377withdrew proposed rule 64J - 2.010. The validity of that proposed

388rule is no longer an issue in this proceeding. The parties twice

400sought and obtained a continuance of the final hearing scheduled,

410thereby waiving the time periods established by section

418120.56(1)(c). By Order Granting Second Continuance and

425Scheduling Pre - Hearing Conference, the undersigned scheduled the

434final hearing for February 22, 2016. The final hearing convened

444as scheduled.

446Health Trust presented testimony from Leah Colston and

454offered Exhibits 1 through 11 into evidence. The exhibits were

464admitted. The Health Trust also offered as Exhibit 12 exce r pts

476of the d eposition of Laura Hunter. Those excerpts along with

487other excerpts , designated by the other parties for completeness ,

496were accepted. The excerpts of the deposition admitted are:

505page 5, line 5, through page 7, line 23

514page 11, line 15, through page 13, line 2

523page 12, line 6, through page 13, line 2

532page 17, Line 2, through page 18, line 4

541page 52, line 2, through page 55, line 12

550page 59, line 15, through page 61, line 16

559page 61, line 17, through page 62, line 18

568page 65, line 7, through page 68 , line 1

577page 66, line 9 through page 66, line 23

586page 67, line 24, through page 68, 2/ line 1

596page 97, lines 4 through 18

602The Department, Kendall Regional, and Orange Park did not

611otherwise offer evidence. The parties timely filed proposed

619orders , whic h have been considered in the preparation of this

630Final Order.

632FINDINGS OF FACT

635The Parties

6371. Health Trust is an entity of Miami - Dade County. Health

649Trust oversees the Jackson Health System, a health care provider

659functioning as a three - hospital system . One hospital is Jackson

671Memorial Hospital, a licensed acute care general hospital located

680in Trauma Service Area (TSA) 19. It operates a verified Level I

692trauma center, which is a part of the Miami - Dade County trauma

705system. Health Trust also operates Jackson South Community

713Hospital (Jackson South), a licensed acute care general hospital

722in TSA 19.

7252. There is no trauma agency in TSA 19. Health Trust is

737not a trauma agency. It is not attempting to form or to be a

751part of a coalition to form a trau ma agency for Miami - Dade

765County.

7663. Jackson South is committed to obtaining authority to

775operate a Level II trauma center. In April 2015 , it applied to

787operate a Level II trauma center. The Department denied the

797application. Jackson South challenged th e denial and requested a

807formal administrative hearing. The Department referred the

814challenge to DOAH, where it was assigned Case No. 15 - 3171. Since

827the hearing in this case, Administrative Law Judge John

836Van Laningham issued an order recommending appro val of Jackson

846SouthÓs application. 3/ As of the date of this O rder, the

858Department has not issued a final order.

8654. In September 2015, Jackson South submitted a trauma

874center letter of intent to the Department expressing its intent

884to become a Level II t rauma center in TSA 19. This was a

898cautionary filing in the event the Department denies Jackson

907SouthÓs first application now pending in DOAH Case No. 15 - 3171.

9195. Kendall Healthcare is located in Miami, Florida. It is

929a licensed acute care general hospi tal located in TSA 19.

940Kendall Healthcare is a verified Level II trauma c enter.

9506. Orange Park is located in Orange Park, Florida. Orange

960Park is a licensed acute care general hospital located in TSA 5.

972There is no trauma agency in TSA 5. Orange Park s ubmitted a

985Trauma Center letter of i ntent to the Department in September

9962015 , express ing its intent to file an application to become a

1008Level II trauma center.

10127. The Department is the state agency authorized to verify

1022and regulate trauma centers and appr ove the establishment of

1032trauma agencies in the state of Florida. It published the

1042proposed trauma a gency r ules challenged in this proceeding.

1052The Florida Trauma System

10568. Chapter 395, Part II, Florida Statutes , creates a plan

1066to establish an inclusive t rauma system to meet the needs of

1078trauma victims. § 395.40(2), Fla. Stat. The Legislature defined

1087Ðinclusive trauma systemÑ to mean Ða system designed to meet the

1098needs of all injured trauma victims who require care in an acute -

1111care setting and into whic h every health care provider or

1122facility with resources to care for the injured trauma victim is

1133incorporated.Ñ Id . The Legislature placed primary

1140responsibility for the planning and establishment of this

1148statewide inclusive trauma system with the Depart ment.

1156§ 395.40(3), Fla. Stat.

11609. Section 395.402 establishes trauma service areas. One

1168component of the trauma system is the option for certain local or

1180regional organizations to form and operate trauma agencies to

1189plan, implement, and evaluate trau ma services systems in their

1199trauma system area. § 395.401(1)(a), Fla. Stat.

120610. Section 395.4001(11) defines a Ðtrauma agencyÑ as Ða

1215department - approved agency established and operated by one or

1225more counties, or a department - approved entity with which one or

1237more counties contract, for the purpose of administering an

1246inclusive regional trauma system.Ñ According to Leah Colston,

1254Bureau Chief for the DepartmentÓs Bureau of Emergency Medical

1263Oversight, a trauma agency Ðis the coordinating body for all of

1274the emergency health care systems in a regional area that is

1285designed to evaluate the system and perform its improvement

1294opportunities to better outputs for patients.Ñ (Tr. 34, lines

130322 - 25.)

130611. Section 395.401 governs establishment of trauma

1313a gencies. It provides that the Department Ðmay approve or not

1324approve trauma agency plans based on the conformance of the plan

1335with [sections 395.401,] 395.4015, 395.404, and 395.4045 and the

1345rules and definitions adopted by the department.Ñ

1352§ 395.401(1)(c) , Fla. Stat .

135712. There are four trauma agencies in Florida. One agency

1367covers 13 rural counties. The other three are for single

1377counties. The counties are Palm Beach, Broward, and

1385Hillsborough. There are no trauma agencies in TSA 19, which

1395covers Miami - Dade and Monroe Counties.

140213. The last time the Department received an application to

1412establish a new trauma agency was in 1991. There is no dedicated

1424funding source for trauma agencies. They must find their own

1434funding. Absent a consistent funding source , how and where and

1444when future trauma agencies may develop is unclear.

1452Rulemaking Process

145414. Over the past five years, there has been a considerable

1465amount of litigation about the DepartmentÓs rules governing the

1474allocation of the trauma centers around the state and

1483applications for new trauma centers.

148815. In September 2011, Administrative Law Judge David

1496Watkins issued a Final Order invalidating Department rules

1504governing the allocation of trauma centers throughout the state.

1513The First District Cou rt of Appeal affirmed the Final Order. 4/

152516. The Department pr oposed a new trauma allocation rule in

1536February 2014. Health Trust and other providers challenged that

1545rule. The rule was determined valid. 5/ Afterwards , several

1554providers applied for designati on as a trauma center in TSA 19,

1566including Jackson South.

156917. After adoption of the new rule , the Department

1578undertook review of its trauma center rules, including the rules

1588pertaining to trauma agencies. This was part of the DepartmentÓs

1598compliance with it s rule reduction mandate. In an effort to

1609reduce the number of Department rules and to align the rules with

1621the statutory requirements, the Department promulgated the

1628proposed rules challenged in this proceeding. As Ms. Colston

1637explained, the Departme nt intended for the proposed rules to

1647align the rule requirements with the statutory provisions

1655governing the formation of a trauma agency and to delete

1665unnecessary or redundant information.

166918. During the rulemaking process, the Department conducted

1677several workshops. They were well - attended by representatives of

1687health care providers, including representatives of trauma

1694centers and emergency medical services providers. Health TrustÓs

1702representatives and legal counsel participated in the workshops.

17101 9. The Department heard testimony and accepted written

1719comments from the public. The Department thoroughly reviewed the

1728public comments and considered them in finalizing the proposed

1737rules.

1738CONCLUSIONS OF LAW

174120 . The Division of Administrative Hearings has

1749jurisdiction over the subject matter of this proceeding.

1757§§ 120.56(1)(a), 120.569 and 120.57(1), Fla. Stat.

1764Section 120.56(1)(a) provides:

1767Any person substantially affected by a rule

1774or a proposed rule may seek an administrative

1782determination of t he invalidity of the rule

1790on the ground that the rule is an invalid

1799exercise of delegated legislative authority.

180421 . Jurisdiction attaches when a person who is

1813substantially affected by a proposed rule claims that it is an

1824invalid exercise of delegated l egislative authority. The party

1833challenging the proposed rule bears the burden of going forward.

1843The agency then must prove by a preponderance of the evidence

1854that the proposed rule is not an invalid exercise of delegated

1865legislative authority. § 120.56 (2), Fla. Stat.

187222 . The Department, Kendall Regional, and Orange Park

1881maintain that Health Trust does not have standing to challenge

1891the proposed rules. Health Trust relies on its status as an

1902applicant for certification as a trauma center for its standi ng.

1913Health Trust must demonstrate that the proposed rules will

1922substantially affect it in order to prove standing.

1930§ 120.56(1)(a); Agrico Chemical Co. v. DepÓt of Envtl. Reg. , 406

1941So. 2d 478 (Fla. 2d DCA 1981).

194823 . Ð[T]he law of standing is often hard to define and

1960subject to dispute.Ñ NAACP, Inc. v. Fla. B d . of Regents , 822 So.

19742d 1, 14 (Fla. 1st DCA 2002)(dissenting opinion, Judge Browning),

1984reversed , 863 So. 2d 294 (Fla. 2003). But standing has its

1995limits. Fla. Soc. of Ophthalmology v. State Bd. of Optometry ,

2005532 So. 2d 1279, 1284 (Fla. 1st DCA 1988) . A party's substantial

2018interests are determined if: (1) the party will suffer injury in

2029fact which is of sufficient immediacy to entitle it to a section

2041120.57 hearing, and (2) the party's substanti al injury is of a

2053type or nature which the proceeding is designed to protect.

2063Agrico , 406 So. 2d at 482. The first prong of this test deals

2076with the degree of injury or "injury in fact." The second deals

2088with the nature of the injury. The Department, K endal Regional,

2099and Orange Park argue that Health Trust does not have standing

2110under this test because the injury asserted is not real and

2121immediate. It is instead hypothetical, conjectural and

2128speculative, and based on future events that may never happen .

213924 . Determination of Health TrustÓs standing requires

2147analysis of a trauma agencyÓs role in the regulation of trauma

2158centers. Health Trust rests its claim for standing on specific

2168statutory provisions on the subject.

217325 . Section 395.4025(1), Flori da Statutes, is one. That

2183statute charges the Department with responsibility for developing

2191a system of trauma centers. It says that the Department Ðshall

2202establish the approximate number of trauma centers neededÑ in

2211each TSA Ðbased on the state trauma s ystem plan, the local or

2224regional trauma services system plan, and recommendations of the

2233lo cal or regional trauma agency. Ñ The Department must develop

2244this allocation by rule. The validity of the DepartmentÓs rule

2254for developing the allocation is no lon ger at issue in this

2266proceeding. However, Health Trust has challenged the newly -

2275proposed allocation rule in Public Health Trust of Mi ami - Dade

2287County, Florida v. Departmen t of Health , DOAH Case

2296No. 16 - 001596RP. 6 /

230226 . In order to be considered by the De partment, a would - be

2317trauma center Ðthat operates within the geographic area of a

2327local or regional trauma agency must certify that its intent to

2338operate as a trauma center is consistent with the trauma services

2349plan of the local or regional trauma agency. Ñ § 395.4025(2)(a),

2360Fla. Stat.

236227 . The critical elements for a trauma center application

2372include Ðreview of whether the applicant hasÑ the necessary

2381equipment and physical facilities, sufficient qualified

2387personnel, an effective quality assurance process , and written

2395confirmation by the local or regional trauma agency that the

2405applicant is consistent with the trauma agencyÓs plan, Ðas

2414approved by the department, if such agency exists.Ñ

2422§ 395.4025(1)(c) , Fla. Stat .

242728 . Ultimately , during the Departmen tÓs review of competing

2437trauma center applications, the trauma agencyÓs recommendation,

2444in a Department - approved plan, may serve as a Ðtie - breaker.Ñ

2457Florida Administrative Code Rule 64J - 2.016(11) currently says:

2466If the number of Provisional trauma centers

2473found eligible for selection by the

2479department in a given TSA exceeds the number

2487permitted, as provided in subsection 64J -

24942.010(3) , [7 /] F.A.C. , the following criteria

2501shall be applied independently and

2506consecutively to all Provisional trauma

2511centers in th e TSA un til application of the

2521criteria results in the number of trauma

2528centers authorized in subsection 64J -

25342.010(3), F.A.C., for that TSA. When that

2541occurs, the remaining cri teria shall not be

2549considered. The criteria to be applied are

2556as follows:

2558(a) A hospital recommended to be a trauma

2566center in the department - approved local or

2574regional trauma agency plan pursuan t to

2581subparagraph 64J - 2.007(2)(d)3., F.A.C., shall

2587be given approval preference over any

2593hospital which was not recommended.

259829 . The que stion is: Is the secondary role of trauma

2610agencies in the DepartmentÓs review of trauma center applications

2619explicated above sufficient to create an injury in fact of

2629sufficient immediacy to support standing for Health Trust to

2638challenge the rules governi ng the establishment of the agencies?

2648It i s not.

265230 . In every instance , it is the Department, not the

2663agency , that makes the decisions which may substantially affect a

2673trauma center applicant like Health Trust. The trauma agencies

2682are secondary and remo ved from any concrete decision. In

2692addition, all along the process, the decisions that Health Trust

2702claims may affect it, such as approval of trauma system plans or

2714trauma agency recommendations, are decisions separately subject

2721to challenge under section 120.569 as decisions affecting

2729substantial interests. Finally the ineluctable fact is that the

2738likelihood of a trauma agency being established in TSA 19 in the

2750foreseeable future is remote. Health TrustÓs theory for standing

2759rests on speculation and con jecture.

276531 . The cases Health Trust relies upon do not involve facts

2777where the effect is as remote as presented here. None involve

2788challenges to a process for selecting a group permitted to make

2799comments or recommendations to a decision maker. A discuss ion of

2810representative cases follows.

281332 . Professional Firefighters of Florida v. Departmen t of

2823Health & Rehabilitative Services . 396 So. 2d 1194 (Fla. 1 st DCA

28361981) , involved changes in rules for certification as a paramedic.

2846The petitioning association represented firefighters who performed

2853paramedic functions in their employment as firefighters. The rule

2862changes required state certification as a paramedic and would have

2872made it illegal for the firefighters to continue performing

2881paramedic functions in their jobs . The First District Court of

2892Appeal easily found that people who would be prohibited from

2902continuing to perform their job duties by a rule change had

2913standing to challenge the rule change.

291933 . Judge BoothÓs opinion noted the difference betwe en the

2930case and Department of Health & Rehabilitation Services v.

2939Alice P. , 367 So. 2d 1045, 1052 (Fla. 1st DCA 1979) , and Florida

2952Departmen t of Offender Rehab ilitation v. Jerry , 353 So. 2d 1230

2964(Fla. 1st DCA 1978), cert. denied , 359 So. 2d 1215 (Fla. 197 8),

2977in words appropriate here: ÐIn both Jerry and Alice P. , supra ,

2988the challengers were not subject to the rule or immediately

2998affected by it at the time suit was filed and were unlikely to be

3012affected in the future.Ñ ProfÓl Firefighters of Fla. V. DepÓt of

3023Health & Rehabilitative Servs . , 396 So. 2d 1194, 1196 (Fla. 1 st

3036DCA 1981).

303834 . Health TrustÓs reliance upon the opinion of Coalition

3048of Mental Health Professions , 546 So. 2d 27 (Fla. 1st DCA 1989) ,

3060is also misplaced. That opinion, like the opinions i n

3070Professional Firefighters and Reiff v. Northeast Florida State

3078Hosp ital , 710 So. 2d 1030 (Fla. 1st DCA 1998), holds that parties

3091whose behavior a rule directly regulates or whose rights a rule

3102limits have standing to challenge the rule. The challenged r ules

3113in Coalition of Mental Health Professions Ðdefine[d] the

3121practices of clinical social workers, marriage and family

3129therapists and mental health counselors, respectively.Ñ Coal. of

3137Mental Health Professions , 546 So. 2d at 28 (Fla. 1st DCA 1989).

3149That substantially affected members of those mental health

3157professions.

315835 . The DepartmentÓs proposed rules do not directly

3167regulate the behavior of Health Trust or limit its rights in the

3179way that the behavior and rights of the petitioners were affected

3190in Professional Firefighters and Reiff . The opinion in

3199Professional Firefighters has been discussed.

320436 . Dr. Reiff was a licensed psychologist and Director of

3215Psychological Services at Northeast Florida State Hospital. He

3223challenged bylaws of the hospital Ó s Professional Staff

3232Organization because they had not been formally adopted. He also

3242challenged the by laws because they excluded psychologists from

3251obtaining clinical privileges to perform services that they were

3260authorized by the licensing laws to perf orm. The court reversed

3271a final o rder holding Dr. Reiff did not have stand ing. Reiff v.

3285Ne. Fla. State Hosp. , 710 So. 2d 1030 (Fla. 1st DCA 1998). It

3298held that the bylaws directly limited Dr. ReiffÓs rights. T he

3309proposed rules here do not directly, or even indirectly, limit

3319Health TrustÓs rights.

332237 . Health Trust, citing Shands Jacksonville Medical

3330C enter , Inc. v. State , 123 So. 3d 86 (Fla . 1st DCA 2013), tries

3345to piggy back on the unchallenged, but inapplicable , proposition

3354that a determination of t he number of trauma centers permitted in

3366a TSA would affect would - be trauma centers in that TSA. That is

3380not this case.

338338 . Parties do not have to prove immediate and ac tual harm

3396to establish standing, NAACP, Inc. v. Fla. Bd. of Regents , 863

3407So. 2d 294, 300 (Fla. 2003). But they have to show something.

3419This case involves rules that just do not have a real and

3431sufficiently immediate effect upon Health Trust. The record

3439demonstrates no effect that the proposed rules might have on

3449Health Trust. Its argu ments about how it may be affected are

3461speculation.

346239 . Health TrustÓs speculation is much like the speculation

3472of the Jai - Alai Players Association in International Jai - Alai

3484Players Association v. Florida Pari - Mutuel Com munity , 561 So. 2d

34961224 (Fla. 3d D CA 1990). The Association tried to contest an

3508application by jai - alai fronton owners to change opening and

3519closing dates, operation dates and make - up performance dates.

3529The Association claimed that the date changes would help fronton

3539owners in a labor di spute with the players. The court held that

3552the alleged injury was Ðfar too remote and speculative in nature

3563to qualify under the first prong of the Agrico standing test. Ñ

3575IntÓl Jai - Alai Players Ass'n v. Fla. Pari - Mutuel Com. , 561 So. 2d

3590at 1226 . The sa me applies to Health TrustÓs amorphous claims.

360240 . Florida Society of Ophthalmology v. State Board of

3612Optometry , 532 So. 2d 1279 (Fla. 1st DCA 1988) , is another

3623instructive case. The Florida Society of Ophthalmology tried to

3632challenge Board of Optometry rules for certifying optometrists to

3641administer and prescribe some topical drugs. The theory was that

3651optometrists prescribing the drugs to patients would take

3659business, and therefore revenue, from ophthalmologists who would

3667otherwise have prescribed them . The court recognized that

3676ophthalmologists might suffer some economic injury because of

3684competition from optometrist s performing services that

3691ophthalmologists Ðalone were pr eviously permitted to perform. Ñ

3700Id. at 1285. But the potential injury did not satisfy the

3711ÐimmediacyÑ requirement.

371341 . Health TrustÓs possible injury, whatever it may be, is

3724not immediate enough. Notably Health Trust has not identified

3733what injury might follow from the rules for creating trauma

3743agencies. How would one process as opposed to another result in

3754an agency more or less favorable to a Health Trust application?

3765Who could say? Health Trust does not. It just speculates that

3776there may be some injury.

378142 . Standing under FloridaÓs Administrative Procedure Act

3789is broad. I t i s not and should not be limitless , as the opinion

3804in Florida Society of Ophthalmology , 532 So. 2d at 1284 ,

3814ob serves:

3816We initially observe that not everyone having

3823an interest in the outcome of a particular

3831dispute over an agency's interpretation of

3837th e law submitted to its charge, or the

3846agency's application of that law in

3852determining the rights and interests of

3858members of government or the public, is

3865entitled to participate as a party in an

3873administrative proceeding to resolve that

3878dispute. Were that not so, each interested

3885citizen could, merely by expressing an

3891interest, participate in the agency's efforts

3897to govern, a result that would unquestionably

3904impede the ability of the agency to function

3912efficiently and inevitably cause an increase

3918in the num ber of litigated disputes well

3926above the number that administrative and

3932appellate judges are capable of handling.

39384 3 . Health Trust does not have standing to challenge the

3950DepartmentÓs proposed rules. There is no need to address the

3960arguments about the v alidity of the rules.

3968ORDER

3969Based on the foregoing Findings of Fact and Conclusions of

3979Law, it is ORDERED that the Petition for Determination of

3989Invalidity of Proposed Rules is DISMISSED.

3995Jurisdiction to determine entitlement to attorneyÓs fees and

4003costs a nd, if any , their amounts is reserved.

4012DONE AND ORDERED this 8th day of April , 2016 , in

4022Tallahassee, Leon County, Florida.

4026S

4027JOHN D. C. NEWTON, II

4032Administrative Law Judge

4035Division of Administrative Hearings

4039The DeSoto Building

40421230 Apalachee Parkway

4045Tal lahassee, Florida 32399 - 3060

4051(850) 488 - 9675

4055Fax Filing (850) 921 - 6847

4061www.doah.state.fl.us

4062Filed with the Clerk of the

4068Division of Administrative Hearings

4072this 8th day of April , 2016 .

4079ENDNOTES

40801 / All citations to Florida Statutes are to the 2015 comp ilation

4093unless otherwise noted.

40962 / The Order on Hunter Deposition Excerpts inadvertently and

4106incorrectly referred to page 67, line 24, through page 28,

4116line 1.

41183 / Section 90.202, Florida Statutes, permits official

4126recognition of the status of the proc eeding.

41344/ Bayfront Med. Ctr., Inc. v. DepÓt of Health , Case No. 11 - 2602RX

4148(Fla. DOAH Sept. 23, 2011)), affÓd , DepÓt of Health v. Bayfront

4159Med. Ctr., Inc. , 134 So. 3d 1017 (Fla. 1st DCA 2012).

41705 / Shands Teaching Hosp. and Clinics, Inc. v. DepÓt of Heal th ,

4183Case No. 14 - 1022RP ( Fla. DOAH June 20, 2014).

41946 / Section 90.202, Florida Statutes, permits official

4202recognition of the status of the proceeding.

42097 / Rule 64J - 2.010 governs allocation of trauma centers among the

4222TSAs.

4223COPIES FURNISHED:

4225Thomas Fran cis Panza, Esquire

4230Panza, Maurer & Maynard, P.A.

4235Bank of America Building, Third Floor

42413600 North Federal Highway

4245Fort Lauderdale, Florida 33308

4249(eServed)

4250Nichole Chere Geary, General Counsel

4255Department of Health

4258Bin A - 02

42624052 Bald Cypress Way

4266Tallahasse e, Florida 32399

4270(eServed)

4271Abigail Price - Williams, Esquire

4276Miami - Dade County Attorney's Office

4282West Wing, Suite 108

42861611 Northwest 12th Avenue

4290Miami, Florida 33136

4293Daniel Ryan Russell, Esquire

4297Jones, Walker, Waechter, Poitevent,

4301Carrere and Dene gre, LLP

4306Post Office Box 351

4310Tallahassee, Florida 32302 - 0351

4315(eServed)

4316Marc W. Dunbar, Esquire

4320Jones, Walker, Waechter, Poitevent,

4324Carrere and Denegre, LLP

4328Post Office Box 351

4332Tallahassee, Florida 32302

4335(eServed)

4336J. Stephen Menton, Esquire

4340Rutledge E cenia, P.A.

4344Post Office Box 551 (32302)

4349119 South Monroe Street, Suite 202

4355Tallahassee, Florida 32301

4358(eServed)

4359Stephen A. Ecenia, Esquire

4363Rutledge, Ecenia and Purnell, P.A.

4368119 South Monroe Street, Suite 202

4374Post Office Box 551

4378Tallahassee, Florida 323 02 - 0551

4384(eServed)

4385Gabriel F.V. Warren, Esquire

4389Rutledge Ecenia, P.A.

4392Post Office Box 551

4396Tallahassee, Florida 32301

4399(eServed)

4400Shannon Revels, Agency Clerk

4404Department of Health

44074052 Bald Cypress Way, Bin A02

4413Tallahassee, Florida 32399 - 1703

4418(eServed)

4419Celeste Philip, M.D., M.P.H.

4423Interim State Surgeon General

4427Department of Health

44304052 Bald Cypress Way, Bin A00

4436Tallahassee, Florida 32399 - 1701

4441(eServed)

4442Ernest Reddick, Chief

4445Alexandra Nam

4447Department of State

4450R. A. Gray Building

4454500 South Bronough Str eet

4459Tallahassee, Florida 32399 - 0250

4464(eServed)

4465Ken Plante, Coordinator

4468Joint Administrative Procedures Committee

4472Room 680, Pepper Building

4476111 West Madison Street

4480Tallahassee, Florida 32399 - 1400

4485(eServed)

4486NOTICE OF RIGHT TO JUDICIAL REVIEW

4492A party who is adversely affected by this Final Order is

4503entitled to judicial review pursuant to section 120.68, Florida

4512Statutes. Review proceedings are governed by the Florida Rules

4521of Appellate Procedure. Such proceedings are commenced by

4529filing the original not ice of administrative appeal with the

4539agency clerk of the Division of Administrative Hearings within

454830 days of rendition of the order to be reviewed, and a copy of

4562the notice, accompanied by any filing fees prescribed by law,

4572with the clerk of the Distric t Court of Appeal in the appellate

4585district where the agency maintains its headquarters or where a

4595party resides or as otherwise provided by law.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/20/2016
Proceedings: Order Denying Renewed Motion for Attorney's Fees and Costs.
PDF:
Date: 09/16/2016
Proceedings: Order Canceling Hearing on Motion for Award of Fees and Costs.
Date: 09/16/2016
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 09/15/2016
Proceedings: The Public Health Trust of Miami-Dade County, Florida's Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 09/15/2016
Proceedings: Petitioner's, The Public Health Trust of Miami-Dade County, Florida's Response and Objections to Respondent, Department of Health's, First Request for Production Served August 16, 2016 filed.
PDF:
Date: 09/15/2016
Proceedings: Notice of Telephonic Status Conference (status conference set for September 16, 2016; 10:30 a.m.).
PDF:
Date: 08/16/2016
Proceedings: Notice of Service of Department of Health's First Set of Interrogatories Propounded to the Public Health Trust of Miami-Dade County, Florida filed.
PDF:
Date: 08/16/2016
Proceedings: Department of Health's First Request for Production of Documents to the Public Health Trust of Miami-Dade County, Florida filed.
PDF:
Date: 06/20/2016
Proceedings: Notice of Hearing on Motion for Fees and Costs (hearing set for September 29, 2016; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 06/10/2016
Proceedings: Amended Joint Response to Order Granting Continuance filed.
PDF:
Date: 06/07/2016
Proceedings: Joint Response to Order Granting Continuance filed.
PDF:
Date: 05/27/2016
Proceedings: Order Granting Continuance (parties to advise status by June 9, 2016).
PDF:
Date: 05/16/2016
Proceedings: Department of Health's Unopposed Motion for Rescheduling of Hearing filed.
PDF:
Date: 04/27/2016
Proceedings: Notice of Hearing on Motion for Fees and Costs (hearing set for June 9, 2016; 8:30 a.m.; Tallahassee, FL).
PDF:
Date: 04/27/2016
Proceedings: Order Denying Request for Status Conference.
PDF:
Date: 04/25/2016
Proceedings: Respondent's Request for Status Conference filed.
PDF:
Date: 04/22/2016
Proceedings: PHTs Memorandum of Law in Opposition to the Department's Renewed Motion for Attorney's Fees and Costs Pursuant to Section 120.595, Florida Statutes filed.
PDF:
Date: 04/20/2016
Proceedings: Notice of Filing (Affidavit of Daniel R. Russell) filed.
PDF:
Date: 04/15/2016
Proceedings: Department's Renewed Motion for Attorney's Fees and Costs Pursuant to Section 120.595, Florida Statues filed.
PDF:
Date: 04/08/2016
Proceedings: DOAH Final Order
PDF:
Date: 04/08/2016
Proceedings: Final Order (hearing held February 22, 2016). DOAH JURISDICTION RETAINED.
PDF:
Date: 03/18/2016
Proceedings: (Intervenor's) Proposed Final Order filed.
PDF:
Date: 03/18/2016
Proceedings: Intervenors' Notice of Filing Proposed Final Order filed.
PDF:
Date: 03/18/2016
Proceedings: Petitioner's Proposed Final Order filed.
PDF:
Date: 03/18/2016
Proceedings: Department of Health's Proposed Final Order filed.
Date: 03/08/2016
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 02/25/2016
Proceedings: Order on Hunter Deposition Excerpts.
PDF:
Date: 02/23/2016
Proceedings: Petitioner's Motion to Offer Additional Portions of Laura Hunter's Deposition filed.
PDF:
Date: 02/23/2016
Proceedings: Intervenors' Notice of Filing Designation of Deposition Excerpts for Admission into Evidence filed.
PDF:
Date: 02/23/2016
Proceedings: Respondent's Response to Post Hearing Order filed.
PDF:
Date: 02/22/2016
Proceedings: Post Hearing Order.
Date: 02/22/2016
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 02/19/2016
Proceedings: PHT's Memorandum of Law in Opposition to the Department's Motion for Attorney's Fees filed.
PDF:
Date: 02/19/2016
Proceedings: Petitioner's Motion for Witness to Appear Telephonically filed.
PDF:
Date: 02/18/2016
Proceedings: Respondent's Motion for Attorney's Fees filed.
PDF:
Date: 02/17/2016
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 02/12/2016
Proceedings: Amended Notice of Hearing (hearing set for February 22, 2016; 9:00 a.m.; Tallahassee, FL; amended as to date).
Date: 02/12/2016
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 02/09/2016
Proceedings: Joint Motion to Dismiss Petitioner's Challenge to Proposed Rule 64J-2.010 filed.
PDF:
Date: 02/08/2016
Proceedings: Petitioner's Motion to Take Judicial Notice of Withdrawal of Proposed Rule 64J-2.101 filed.
PDF:
Date: 02/01/2016
Proceedings: Order Denying Motion for Discovery Extension.
PDF:
Date: 01/29/2016
Proceedings: Motion for Discovery Extension filed.
PDF:
Date: 12/08/2015
Proceedings: Amended Case Management Order.
PDF:
Date: 12/07/2015
Proceedings: Order Granting Second Continuance and Scheduling Pre-hearing Conference (hearing set for February 22 through 24, 2016; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 12/07/2015
Proceedings: Order Denying Motion in Limine.
PDF:
Date: 12/07/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 12/04/2015
Proceedings: Respondent's Certificate of Service of Sworn, Complete, and Substantive Answers to Petitioner's First Set of Interrogatories filed.
PDF:
Date: 12/04/2015
Proceedings: Petitioner's Notice of Taking Deposition (Karen Card) filed.
PDF:
Date: 12/04/2015
Proceedings: Respondent's Notice of Producing Documents in Response to Petitioner's Request for Production of Documents filed.
PDF:
Date: 12/03/2015
Proceedings: PHT's Memorandum of Law in Opposition to the Respondent's and Intervenors' Joint Motion in Limine filed.
PDF:
Date: 12/03/2015
Proceedings: Amended Order Partially Granting Motion to Compel.
PDF:
Date: 12/03/2015
Proceedings: Order Denying Motion to Dismiss.
PDF:
Date: 12/03/2015
Proceedings: Order Partially Granting Motion to Compel.
PDF:
Date: 12/02/2015
Proceedings: Notice of Filing Corrected Exhibit A to Motion to Strike the Department's Amended Privilege Log filed.
PDF:
Date: 12/02/2015
Proceedings: Department's Response in Opposition to Petitioner's Motion to Strike the Department's Amended Privilege Log filed.
PDF:
Date: 12/02/2015
Proceedings: Second Amended Notice of Taking Depositions (of Leah Colston and Steve McCoy) filed.
PDF:
Date: 12/01/2015
Proceedings: Amended Notice of Taking Depositions (of Steve McCoy and Leah Colston) filed.
PDF:
Date: 12/01/2015
Proceedings: Notice of Taking Depositions (of Steve McCoy and Leah Colston) filed.
PDF:
Date: 12/01/2015
Proceedings: PHT's Motion to Strike the Department's Amended Privilege Log filed.
PDF:
Date: 11/30/2015
Proceedings: Department's Amended Privilege Log filed.
PDF:
Date: 11/30/2015
Proceedings: PHT's Memorandum of Law in Opposition to the Respondent's Motion to Dismiss and Intervenors' Joinder in Same filed.
PDF:
Date: 11/30/2015
Proceedings: Intervenors' Cross-notice of Taking Deposition Duces Tecum (of David Levitt) filed.
PDF:
Date: 11/30/2015
Proceedings: Department's Notice of Taking Deposition Duces Tecum (of David Levitt) filed.
PDF:
Date: 11/25/2015
Proceedings: Dates for Respond to Pending Motions.
PDF:
Date: 11/25/2015
Proceedings: Order Requiring Respondent to File Priviledge Log.
PDF:
Date: 11/25/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for December 7 through 9, 2015; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 11/25/2015
Proceedings: Department's Notice of Taking Deposition Duces Tecum of Corporate Representative filed.
PDF:
Date: 11/24/2015
Proceedings: Initial Response to Document Production of November 24, 2015 at 9:30 am filed.
PDF:
Date: 11/24/2015
Proceedings: Respondent's and Intervenor's Joint Motion in Limine filed.
PDF:
Date: 11/24/2015
Proceedings: Notice of Telephonic Status Conference (status conference set for November 24, 2015; 3:15 p.m.).
Date: 11/23/2015
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 11/23/2015
Proceedings: Intervenors' Notice of Filing filed.
PDF:
Date: 11/23/2015
Proceedings: Respondent's Notice of Filing (Privilege Log) filed.
PDF:
Date: 11/23/2015
Proceedings: Order Withdrawing Order Granting Continuance .
PDF:
Date: 11/23/2015
Proceedings: Order Granting Continuance (parties to advise status by December 2, 2015).
PDF:
Date: 11/23/2015
Proceedings: Intervenors' Joinder in Department of Health's Motion to Dismiss and Memorandum of Law in Support filed.
PDF:
Date: 11/23/2015
Proceedings: Department of Health's Supplemental Response to Petitioner's First Request for Production of Documents filed.
PDF:
Date: 11/20/2015
Proceedings: Petitioner's Privilege Log to Department of Health's Request for Production filed.
PDF:
Date: 11/20/2015
Proceedings: Petitioner, the Public Health Trust of Miami-Dade County, Florida, Response and Objections to Respondent's Department of Health, First Request for Production Served on November 16, 2015, filed.
PDF:
Date: 11/20/2015
Proceedings: The Public Health Trust of Miami-Dade County, Florida's Notice of Serving Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 11/19/2015
Proceedings: Respondent's Motion to Dismiss filed.
PDF:
Date: 11/18/2015
Proceedings: Department's Response in Opposition to Petitioner's Motion for Continuance filed.
PDF:
Date: 11/18/2015
Proceedings: Notice of Telephonic Status Conference (status conference set for November 19, 2015; 8:30 a.m.).
PDF:
Date: 11/18/2015
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 11/18/2015
Proceedings: Petitioner's Request for Hearing filed.
PDF:
Date: 11/17/2015
Proceedings: Department's Response to Petitioner's Motion to Compel filed.
PDF:
Date: 11/17/2015
Proceedings: Motion for Continuance of Final Hearing filed.
PDF:
Date: 11/17/2015
Proceedings: PHT's Motion to Compel Production of Documents and Better Answers to Its Interrogatories filed.
PDF:
Date: 11/17/2015
Proceedings: Respondent's Notice of Filing filed.
PDF:
Date: 11/16/2015
Proceedings: Petitioner's Notice of Filing filed.
PDF:
Date: 11/16/2015
Proceedings: Respondent's First Request for Production of Documents to Petitioner filed.
PDF:
Date: 11/16/2015
Proceedings: Respondent's Notice of Service of First Set of Interrogatories to Petitioner filed.
PDF:
Date: 11/13/2015
Proceedings: Department of Health's Response to Petitioner's First Request for Production of Documents filed.
PDF:
Date: 11/13/2015
Proceedings: Respondent's Certificate of Service of Answers to Petitioner's First Set of Interrogatories filed.
PDF:
Date: 11/13/2015
Proceedings: Petition to Intervene (filed by Kendall Healthcare Group, Ltd., Kendall Regional Medical Center.)
PDF:
Date: 11/13/2015
Proceedings: Petition to Intervene (filed by Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center.)
PDF:
Date: 11/13/2015
Proceedings: Notice of Appearance (Marc Dunbar) filed.
PDF:
Date: 11/13/2015
Proceedings: Notice of Appearance (Daniel Russell) filed.
PDF:
Date: 11/10/2015
Proceedings: Petitioner's First Request for Production of Documents to Department of Health filed.
PDF:
Date: 11/10/2015
Proceedings: Petitioner's Notice of Serving First Set of Interrogatories to Department of Health filed.
PDF:
Date: 11/09/2015
Proceedings: Notice of Hearing (hearing set for December 2 through 4, 2015; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 11/09/2015
Proceedings: Case Management Order.
Date: 11/06/2015
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 11/05/2015
Proceedings: Notice of Telephonic Pre-hearing Conference (set for November 6, 2015; 3:30 p.m.).
PDF:
Date: 11/05/2015
Proceedings: Order of Assignment.
PDF:
Date: 11/05/2015
Proceedings: Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
PDF:
Date: 11/04/2015
Proceedings: Petition for Determination of Invalidity of Proposed Rules filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
11/04/2015
Date Assignment:
11/05/2015
Last Docket Entry:
12/20/2016
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Health
Suffix:
RP
 

Counsels

Related Florida Statute(s) (12):