17-005388RE Florida Association Of Homes And Services For The Aging, Inc., D/B/A Leadingage Florida vs. Agency For Health Care Administration, And Department Of Elder Affairs
 Status: Closed
DOAH Final Order on Friday, December 21, 2018.


View Dockets  
Summary: Respondents failed to demonstrate the existence of an immediate danger. Also, Petitioners demonstrated that the Emergency Rules are invalid.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8FLORIDA ASSOCIATION OF HOMES AND

13SERVICES FOR THE AGING, INC.,

18d/b/a LEADINGAGE FLORIDA,

21Petitioner,

22vs. Case No. 17 - 5388RE

28AGENCY FOR HEALTH CARE

32ADMINISTRATION, AND DEPARTMENT

35OF ELDER AFFAIRS,

38Responden ts.

40_______________________________/

41FLORIDA ASSISTED LIVING

44ASSOCIATION, INC., A FLORIDA NOT

49FOR PROFIT CORPORATION,

52Petitioner,

53vs. Case No. 17 - 5409RE

59FLORIDA DEPARTMENT OF ELDER

63AFFAIRS,

64Respondent.

65_______________________________/

66FLORIDA ARGENTUM ,

68Pe titioner,

70vs. Case No. 17 - 5445RE

76DEPARTMENT OF ELDER AFFAIRS ,

80Respondent.

81_______________________________/

82FINAL ORDER ON FEES

86This matter came before Administrative Law Judge Garnett W.

95Chisenhall of the Division of Administrative Hearings (ÐDOAHÑ).

103The parties stipulated to the material facts and agreed to submit

114written arguments in lieu of an evidentiary hearing.

122STATEMENT OF THE ISSUE

126Whether there is substantial justific ation or special

134circumstances to preclude Petitioners from receiving an award of

143attorneysÓ fees and costs pursuant to section 120.595(3), Florida

152Statutes (2017). 1/

155PRELIMINARY STATEMENT

157On October 27, 2017, the undersigned issued a Final Order

167(Ðthe Final OrderÑ) holding that Florida Administrative Code

175Emergency Rules 58AER17 - 1 and 59AER17 - 1 (Ðthe Emergency RulesÑ)

187were invalid exercises of delegated legislative authority as

195defined in section 120.52(8). The undersigned reserved

202jurisdiction to consi der motions for fees and costs pursuant to

213section 120.595(3). Because such motions had already been filed,

222the Agency for Health Care Administration and the Department of

232Elder Affairs (collectively referred to as Ðthe AgenciesÑ) were

241given 10 days to fi le responses to the aforementioned motions.

252Via a Notice of Administrative Appeal , filed October 27,

2612017, the Agencies sought judicial review of the Final Order

271before the First District Court of Appeal (Ðthe First DCAÑ or

282Ðthe CourtÑ).

284On November 3, 2017, the Agencies filed a ÐJoint Response

294and Motion for Abeyance of PetitionersÓ Motions for AttorneysÓ

303FeesÑ and requested that proceedings on PetitionersÓ entitlement

311to an award of fees and costs be abated pending the outcome of

324multiple appeals befo re the First DCA involving the Emergency

334Rules.

335During the pendency of the appeal from the Final Order, the

346Florida Legislature ratified rules proposed by the Agencies to

355replace the Emergency Rules . As a result, the Agencies

365voluntarily dismissed the ir appeal of the Final Order because the

376legislative ratification rendered moot most of the issues between

385the parties.

387The First DCA issued an Order on March 21, 2018, dismissing

398the AgenciesÓ appeal of the Final Order, and Petitioners

407subsequently renewed their earlier motions for attorneysÓ fees.

415On May 4, 2018, the Agencies filed a motion requesting that

426proceedings regarding attorneysÓ fees be abated until the First

435DCA issued an opinion expl aining the rationale behind an O rder

447that denied cha llenges to the facial validity of the Emergency

458Rules. According to the Agencies, the First DCAÓs decision would

468impact Ðthe determination of whether [the AgenciesÓ] actions were

477substantially justified and/or whether special circumstances

483exist which wou ld make an award of attorneysÓ fees unjust as set

496forth in section 120.595(3), Florida Statutes.Ñ

502On May 17, 2018, the undersigned issued an Order concluding

512that the First DCAÓs reasoning as to why the Emergency Rules were

524facially sufficient had no bea ring on whether the AgenciesÓ

534actions were substantially justified or whether special

541circumstances exist which would make an award of fees unjust.

551After considering several pleadings filed by the parties,

559the undersigned issued an Order on June 5, 2018, stating :

570[T ]he undersigned has determined that an

577evidentiary hearing is necessary in order to

584assess whether the pertinent actions of [the

591Agencies] were substantially justified or if

597special circumstances exist which would make

603an award of attorneysÓ fe es and costs unjust.

612If necessary, the reasonableness of the

618attorneysÓ fees and costs sought by

624Petitioners shall also be considered. As a

631result, the parties shall provide the

637undersigned with the following information by

643June 12, 2018: (a) dates of a vailability in

652July and August of 2018, for an evidentiary

660hearing; and (b) an estimate as to the amount

669of time necessary for the evidentiary

675hearing.

676The parties indicated that they preferred to schedule the

685evidentiary hearing to occur in Septembe r of 2018. Because of

696scheduling conflicts, the undersigned issued an Order on June 13,

7062018, requiring the parties to identify additional days of mutual

716availability in September and October of 2018.

723A Notice of Hearing was issued on June 27, 2018, sch eduling

735the final hearing to occur on October 29 and 30, 2018.

746On July 9, 2018, the undersigned issued an Order regarding

756the applicability of the $ 50,000.00 cap on attorneysÓ fees in

768section 120.595(3). Because the Florida Association of Homes and

777Serv ices for the Aging, Inc. , d/b/a LeadingAge Florida

786(ÐLeadingAge FloridaÑ) , was the only Petitioner to challenge

794Emergency Rule 59AER17 - 1, the undersigned concluded that

803LeadingAge Florida would be entitled to a separate fee award not

814in excess of $ 50,000.0 0 unless the Agency for Health Care

827Administration (ÐAHCAÑ) could demonstrate that its actions were

835substantially justified or special circumstances exist which

842would make an award of fees unjust. In contrast, all three

853Petitioners challenged Emergency Ru le 58AER17 - 1. Therefore, the

863undersigned concluded that Petitioners would have to apportion an

872award of fees not exceeding $ 50,000.00 unless the Department of

884Elder Affairs (ÐDOEAÑ) could demonstrate that its actions were

893substantially justified or specia l circumstances exist which

901would make an award of fees unjust.

908On October 26, 2018, the parties jointly moved for entry of

919an order allowing for the submission of written arguments by

929November 9, 2018, in lieu of an evidentiary hearing. In support

940the reof, the parties stated that each Petitioner incurred

949reasonable costs and reasonable attorneysÓ fees exceeding

956$ 50,000.00 . The undersigned advised the parties that the final

968hearing would be canceled and thereafter issued an Order on

978October 30, 2018, g ranting the aforementioned motion, canceling

987the evidentiary hearing scheduled for October 29 and 30, 2018,

997and requiring the parties to file written arguments of no more

1008than 20 pages by November 9, 2018. The parties timely filed

1019their written submission s, and those submissions were considered

1028in the preparation of this Final Order.

1035FINDINGS OF FACT

1038The following findings of fact are based on the testimony

1048presented at the final hearing on the merits of the Emergency

1059Rules conducted on October 12 and 13, 2017, exhibits accepted

1069into evidence during the aforementioned final hearing, admitted

1077facts set forth in all pre - hearing stipulations, and matters

1088subject to official recognition.

1092The Parties

10941. LeadingAge Florida is a trade association whose

1102membershi p includes 75 nursing homes and 79 assisted living

1112facilities (ÐALFsÑ). LeadingAge FloridaÓs services include the

1119provision of legislative and regulatory advocacy on behalf of its

1129members.

11302. The Florida Assisted Living Association, Inc. (ÐFALAÑ) ,

1138is a professional organization whose membership includes 592

1146ALFs. FALA advocates on its membersÓ behalf before the

1155legislative and executive branches.

11593. Florida Argentum has 367 members and represents

1167companies that operate professionally managed senior living

1174communities, including independent living, assisted living, and

1181memory care communities, as well as allied companies that serve

1191senior living operators in the State of Florida.

11994. AHCA is the state agency in Florida responsible for

1209licensing nursin g homes and ALFs. AHCAÓs staff inspects nursing

1219homes and ALFs in order to ensure compliance with the statutes

1230and rules governing those facilities.

12355. AHCA promulgates the rules governing nursing homes.

12436. DOEA is one of the state agencies charge d with

1254implementing the Assisted Living Facilities Act under Part I of

1264chapter 429, Florida Statute s . DOEA consults with AHCA in order

1276to promulgate the rules governing ALFs.

12827. Florida Administrative Code Rule 59A - 4.122(1)(e)

1290requires nursing homes to maintain Ð[c]omfortable and safe

1298room temperature levels in accordance with 42 CFR,

1306Section 483.15(h)(6), which is effective October 1, 2014 . . . .Ñ

1318The version of 42 C.F.R. § 483.15 cited by the rule mandates that

1331Ð[f]acilities initially certified aft er October 1, 1990 [,] must

1342maintain a temperature range of 71 - 81 »F.Ñ No exceptions are

1354mentioned.

13558. Florida Administrative Code Rule 65G - 2.007(8)(a)

1363mandates that indoor temperatures at ALFs Ðshall be maintained

1372within a range of 68 degrees to 80 degr ees, as appropriate for

1385the climate.Ñ No exceptions are mentioned.

1391Hurricane Irma and Its Aftermath

13969. Hurricane Irma was approaching Florida during the first

1405full week of September 2017. There were numerous situations

1414during the pre - storm evacuation p rocess in which residents of

1426nursing homes and ALFs could not be successfully evacuated to the

1437originally planned destinations because those destinations were

1444already filled with evacuees. In many instances, alternative

1452arrangements had to be made in the midst of the emergency

1463conditions and, often, the alternative shelters were not equipped

1472to provide an appropriate level of care and/or did not have

1483generators or the ability to house the patients for extended

1493periods of time.

149610. Many nursing homes and ALFs were without power for more

1507than 72 hours after the storm and had a difficult time

1518maintaining their indoor temperatures at the required levels.

152611. Even facilities that had generators experienced

1533difficulty due to a shortage of fuel during Hu rricane IrmaÓs

1544aftermath or because of a lack of generator capacity to power

1555their air conditioning.

155812. Residents at some nursing homes and ALFs suffered from

1568overheating, and they were transferred to hospitals because

1576temperatures within the facilitie s had become excessively warm.

158513. Temperatures in some facilities became so high that

1594AHCA ordered them to be evacuated.

160014. In the days after Hurricane Irma, AHCA and DOEA

1610concluded that nursing homes and ALFs needed to be more self -

1622sufficient. Th at would reduce the need for evacuations and the

1633need for nursing homes and ALFs to seek emergency assistance if

1644electricity could not be promptly restored following a hurricane.

1653The Tragedy at Hollywood Hills Nursing Home

166015. In the aftermath of Hurric ane Irma, eight residents at

1671the Rehabilitation Center of Hollywood Hills, LLC (ÐHollywood

1679HillsÑ), a nursing home located in Hollywood Hills, Florida,

1688died. Hollywood HillsÓ air conditioning equipment had ceased to

1697operate effectively, and the deceased r esidents had arrived at a

1708hospital with core body temperatures approaching 110 degrees

1716Fahrenheit.

1717The Emergency Rules

172016. On Saturday, September 16, 2017, AHCA approved the

1729adoption of Emergency Rule 59AER17 - 1 , which imposed the following

1740requirements on nursing homes: (a) development of a plan

1749regarding emergency environmental control within 45 days (i.e.,

1757October 31, 2017); (b) acquisition of a generator within 60 days

1768(i.e., November 15, 2017); and (c) acquisition of enough fuel by

1779November 15, 2017 , to power the aforementioned generator

1787for 96 hours.

179017. On September 18, 2017, DOEA filed Emergency

1798Rule 58AER17 - 1 with the Department of State. Emergency

1808Rule 58AER17 - 1 imposed the same requirements on ALFs that were

1820imposed on nursing homes by Emergency Rule 59AER17 - 1.

183018. With regard to the specific reasons why there was an

1841Ðimmediate danger to the public health, safety or welfare,Ñ the

1852Emergency Rules stated the following:

1857The State has experienced extreme shortages

1863of electrical power th at have jeopardized,

1870and continue to jeopardize, the health,

1876safety, and welfare of residents in FloridaÓs

1883nursing homes. According to the United

1889States Census Bureau, Florida has the largest

1896percentage of residents age 65 and older in

1904the nation. Accord ing to the Centers for

1912Disease Control and Prevention, people age 65

1919years or older are more prone to heat - related

1929health problems. An incompetent response by

1935a nursing facility to a loss of air

1943conditioning after Hurricane Irma resulted in

1949the tragic los s of eight senior citizens at

1958the Rehabilitation Center at Hollywood Hills.

1964Thousands of frail seniors reside in nursing

1971homes in Florida. Ensuring that nursing

1977homes maintain sufficient resources to

1982provide alternative power sources during

1987emergency situations mitigates the concerns

1992related to the health, safety, and welfare of

2000residents in those nursing homes that

2006experience loss of electrical power. This

2012emergency rule establishes a process for

2018certain nursing homes to obtain sufficient

2024equipment and resources to ensure that

2030the ambient temperature of the nursing

2036homes will be maintained at 80 degrees or

2044less within the facilities for a minimum

2051of ninety - six (96) hours in the event of

2061the loss of electrical power. Prompt

2067implementation of this rule is necessary to

2074ensure continuity of care and to ensure the

2082health, safety, and welfare of residents of

2089FloridaÓs nursing homes.

209219. As for why the method employed by AHCA and DOEA to

2104address the situation described above was fair under the

2113circumstances, the Emergency Rules explained that:

2119The procedure used to adopt this emergency

2126rule is fair, as the State of Florida is

2135under a declaration of emergency due to the

2143massive destruction caused by Hurricane Irma,

2149and it is essential to ensure as soon as

2158possi ble that temperatures in nursing homes

2165are maintained at a level providing for the

2173safety of the residents residing therein;

2179provides at least the procedural protection

2185given by other statutes, the State

2191Constitution, or the United States

2196Constitution; and takes only the action

2202necessary to protect the public interest

2208under the emergency procedure.

2212Prior Evaluation of Whether Facilities Could Comply with the

2221November 15, 2017, Deadline

222520. AHCA did not consult with the nursing home or ALF

2236industries bef ore adopting Emergency Rule 59AER17 - 1. DOEA did

2247not consult with the ALF industry prior to adopting Emergency

2257Rule 58AER17 - 1.

226121. Before adoption of Emergency Rule 59AER17 - 1, AHCA

2271did not investigate whether the requirements imposed by the

2280Emergency Rul es were a workable solution that could address the

2291alleged emergency described in the preamble to the Emergency

2300Rules.

230122. Before adoption of Emergency Rule 58AER17 - 1, DOEA did

2312not consider whether it was realistic to expect that ALFs could

2323comply with the Emergency RulesÓ requirements by November 15,

23322017. In addition, DOEA had not: (a) formulated or procured any

2343estimates regarding the cost of compliance; (b) become aware of

2353the process and time frame for planning, permitting, procuring,

2362and installi ng a commercial generator; (c) consulted with any

2372generator suppliers to ascertain whether this increased need for

2381generators could be satisfied by November 15, 2017; (d) consulted

2391with electrical engineers as to whether 60 days was a reasonable

2402amount of time for compliance; and had not (e) consulted fuel

2413tank suppliers to ascertain if the fuel tanks necessary to comply

2424with Emergency Rule 58AER17 - 1 could be procured by November 15,

24362017.

2437The Installation Process for Commercial Generators and Fuel Tanks

244623. During the final hearing on October 12 and 13, 2017,

2457Electrical Engineer Michael Dodane provided persuasive expert

2464testimony regarding the time line required for nursing homes and

2474ALFs to comply with the Emergency Rules. Mr. Dodane credibly

2484testified that it is physically impossible for a facility to have

2495a new generator installed within the 60 - day time line set forth

2508in the Emergency Rules.

251224. Mr. Jam es R. ÐSkipÑ Gregory, a former c hief of AHCAÓs

2525Office of Plans and Construction also credibly and persuasively

2534testified that it is impossible for a generator to be installed

2545within the 60 - day time frame set forth in the Emergency Rules.

2558Uncertainty About Compliance with the Emergency Rules

256525. On September 22, 2017, the Florida Health Care

2574Association (Ðthe FHCAÑ) held an open summit in Tallahassee for

2584discussion about the Emergency Rules and how nursing homes and

2594ALFs could comply. Attendees included facility operators,

2601personnel from the Agencies, and industry experts and suppliers

2610with expertis e regarding generator installation at healthcare

2618facilities.

261926. At the summit, expert panelists opined that 60 days was

2630an insufficient amount of time to comply with the Emergency

2640Rules.

264127. In addition, the Agencies were notified that generator

2650manufacturers would not be able to fill orders quickly enough for

2661every nursing home and ALF needing a new generator to comply with

2673the Emergency Rules.

267628. Justin Senior, AHCAÓs Secretary at the time, spoke at

2686the summit and indicated that the November 15, 2017, deadline

2696established by the Emergency Rules would not be extended.

2705However, Secretary Senior invited nursing homes and ALFs to

2714utilize the statutory waiver process 2/ if they could not comply

2725with the Emergency Rules.

272929. Despite the AgenciesÓ p ublication between September 21,

2738and October 10, 2017, of many questions and answers pertaining to

2749compliance with the Emergency Rules, there were still unanswered

2758questions about compliance. For example, the Emergency Rules

2766were silent on how much of a n ursing home or ALFÓs physical space

2780had to be air conditioned. One of the questions and a nswers

2792published by the Agencies provided that only part of a facility

2803needed to be air conditioned, but there was no specification as

2814to which part. No square foota ge or other clear guidance was

2826provided. Instead, the answer merely stated that enough space

2835had to be provided to keep residents Ðcomfortable.Ñ

284330. The Emergency Rules provided no guidance on where the

2853air conditioning should be provided in a nursing home or ALF.

286431. The Emergency Rules did not give sufficient specificity

2873about electrical load requirements. The Emergency Rules required

2881that a generator power air conditioning for 96 hours, but they

2892did not specify what type of load the generator mus t power. The

2905building code in effect , at the pertinent time , required 72 hours

2916of connected load, but engineers can design generators for 96

2926hours of connected load, 96 hours of demand load, or 96 hours of

2939nameplate rating load, each requiring different a mounts of fuel.

294932. Another unanswered question concerned permissible types

2956of fuel. The Emergency Rules would have allowed gasoline as a

2967fuel source. However, gasoline is generally considered to be a

2977poor fuel source for powering emergency generators because

2985gasoline is highly flammable and only remains usable for six

2995months unless stabilizers are added.

3000The Emergency Waiver Rules

300433. On October 12, 2017, each of the Agencies published an

3015emergency rule describing how facilities could apply for a wai ver

3026and/or variance from the Emergency RulesÓ requirements.

3033The Existence of an ÐEmergencyÑ and Whether Nursing Homes and

3043ALFs Could Comply by November 15, 2017

305034. AHCA and DOEA relied on the same statements in order to

3062justify the Emergency Rules. However, the greater weight of the

3072evidence presented during the evidentiary hearing on October 12

3081and 13, 2017, demonstrated that despite the tragic but singular

3091events at Hollywood Hills, there was not Ðan immediate danger to

3102the public health, safety or welfareÑ to constitute an emergency.

311235. One justification for the Emergency Rules was that,

3121ÐAccording to the United States Census Bureau, Florida has the

3131largest percentage of residents age 65 and older in the nation.Ñ

3142AHCA admitted during the evide ntiary hearing that Florida has had

3153a high percentage of residents age 65 and older for decades. The

3165presence of elderly populations in Florida is not an emergency

3175situation.

317636. Another justification for the Emergency Rules was that,

3185ÐAccording to the Centers for Disease Control and Prevention,

3194people age 65 years or older are more prone to heat - related

3207health problems.Ñ AHCA admitted during the evidentiary hearing

3215that this situation was not new or emergent. The effects of

3226prolonged heat exposure on the elderly have been known for years.

323737. Another justification for the Emergency Rules was that,

3246ÐThousands of frail seniors reside in assisted living facilities

3255[and nursing homes] in Florida.Ñ Again, AHCA admitted that

3264thousands of frail seniors h ave resided safely in nursing homes

3275and ALFs for decades. This was not an emergent situation that

3286might justify the Emergency Rules.

329138. In order to justify the Emergency Rules, AHCA and DOEA

3302also cited Ðan incompetent responseÑ by a nursing home in

3312Hollywood Hills, Florida, that resulted in the deaths of several

3322residents.

332339. AHCA took appropriate and swift action by immediately

3332suspending Hollywood HillÓs license to operate a nursing home.

334140. There was no evidence at the evidentiary hearing

3350indicating that the tragic situation at Hollywood Hills was

3359representative of the situation at any other fac ilities. The

3369fact that there were no similar incidents at any of the multitude

3381of other nursing homes and ALFs affected by Hurricane Irma

3391suggests tha t it was not.

339741. The AgenciesÓ position that an emergency existed was

3406undermined by: (a) the fact that the Secretary of AHCA invited

3417facilities to consider applying for a variance almost immediately

3426after adoption of the Emergency Rules; and by (b) th e AgenciesÓ

3438adoption of the Emergency Variance Rules. Providing for

3446variances was directly contrary to the assertion that Floridians

3455were in immediate danger.

345942. The AgenciesÓ justification for adopting the Emergency

3467Rules was further undermined by t he fact that there were only

347915 days between November 15, 2017 (the date when the Emergency

3490Rules went into effect) , and November 30, 2017 (the last day of

3502the 2017 hurricane season). As a result, the Emergency Rules

3512were only to be in effect for the fina l two weeks of the 2017

3527hurricane season, and the requirements of the Emergency Rules

3536were not to be realized until well after the end of the 2017

3549hurricane season.

355143. Furthermore, Hurricane Irma was a unique storm in that

3561it impacted the vast majority o f the State due to its sheer size

3575and the course it took directly northward through the Florida

3585peninsula.

358644. While FloridaÓs emergency response personnel performed

3593admirably, they and the resources they utilized were severely

3602taxed due to the amount o f the State impacted by Hurricane Irma.

361545. The evidence presented at the hearing indicated it was

3625meteorologically unlikely that another storm like Hurricane Irma

3633would strike Florida that late in the 2017 hurricane season.

364346. While not cited in th e preamble as a justification

3654for the Emergency Rules, Molly McKinstry, AHCAÓs agency

3662representative, testified about how facilities needed to be more

3671self - sufficient during natural disasters such as Hurricane Irma.

3681In other words, facilities should be ab le to take care of their

3694residents on - site if disaster strikes and emergency response

3704personnel are unable to quickly restore public services.

371247. None of the Petitioners argued that requiring nursing

3721homes and ALFs to be more self - sufficient was not a go od idea ,

3736nor did they argue that they had already achieved an adequate

3747amount of self - sufficiency.

375248. Even if one were to conclude that a lack of self -

3765sufficiency for nursing homes and ALFs required prompt action,

3774the greater weight of the evidence dem onstrated that it was not

3786an ÐemergencyÑ that could be resolved by November 15, 2017.

379649. As evident from the findings of fact above, the greater

3807weight of the evidence presented at the evidentiary hearing

3816demonstrated that it was impossible for the vast majority of

3826nursing homes and ALFs to achieve compliance with the Emergency

3836Rules by November 15, 2017.

3841CONCLUSIONS OF LAW

384450. DOAH has jurisdiction over the parties to and the

3854subject matter of this proceeding. § 120.595(3), Fla. Stat.

386351. Section 120.595(3), Florida Statutes, provides that :

3871[ I ]f the appellate court or administrative

3879law judge declares a rule or portion of a

3888rule invalid pursuant to s. 120.56 (3) or (5),

3897a judgment or order shall be rendered against

3905the agency for reasonable costs a nd

3912reasonable attorneyÓs fees, unless the agency

3918demonstrates that its actions were

3923substantially justified or special

3927circumstances exist which would make the

3933award unjust . An agencyÓs actions are

3940Ðsubstantially justifiedÑ if there was a

3946reasonable basis in law and fact at the time

3955the actions were taken by the agency. If the

3964agency prevails in the proceedings, the

3970appellate court or administrative law judge

3976shall award reasonable costs and reasonable

3982attorneyÓs fees against a party if the

3989appellate cour t or administrative law judge

3996determines that a party participated in the

4003proceedings for an improper purpose as

4009defined by paragraph (1)(e). No award of

4016attorneyÓs fees as provided by this

4022subsection shall exceed $50,000.

4027(emphasis added).

402952. T he parties stipulated that each Petitioner incurred

4038reasonable attorneysÓ fees and costs exceeding $ 50,000.00 .

4048Therefore, the only issue to be resolved is whether the Agencies

4059can demonstrate that their adoption of the Emergency Rules was

4069substantially justified or that special circumstances exist which

4077would make an award of fees unjust . See Hely v. DepÓt of Bus. &

4092ProfÓl Reg. , 707 So. 2d 366, 368 (Fla. 1st DCA 1998); DepÓt of

4105HRS v. S . Beach Pharmacy, Inc. , 635 So. 2d 117, 121 (Fla. 1st DCA

41201994); DepÓ t of ProfÓl Reg. v. Toledo Realty, Inc. , 549 So. 2d

4133715, 717 - 18 (Fla. 1st DCA 1989).

414153. The AgenciesÓ primary argument against awarding fees to

4150Petitioners is that the First DCAÓs decision in Florida

4159Association of Homes and Services for the Aging, Inc . v. Agency

4171for Health Care Administration , 252 So. 3d 313 (Fla. 1st DCA

41822018) , precludes any award of fees under section 120.595(3). In

4192that opinion, the Court held that Ðthe agencies have presented a

4203sufficient factual basis that an immediate danger to the public

4213health, safety, or welfare existed.Ñ Id. at 315.

422154. However, the AgenciesÓ argument overlooks the fact that

4230the CourtÓs review was strictly limited to Ðwhether the four

4240corners of the emergency rules sufficiently identify

4247particularized facts showing an immediate danger to the public

4256welfare.Ñ Id. at 316. In other words, the CourtÓs review was

4267limited to whether the emergency rules, on their face,

4276demonstrated that an emergency existed.

428155. In marked contrast, the proceedings during th e final

4291hearing were intended to give Petitioners an opportunity to

4300subject the AgenciesÓ position to the scrutiny afforded by an

4310evidentiary hearing. See Pinacoteca Corp. v. DepÓt of Bus. Reg. ,

4320580 So. 2d 881, 882 (Fla. 4th DCA 1991)(denying a petition f or

4333review, but noting the denial Ðdoes not, however, affect any

4343subsequent administrative proceedings under section 120.57(1),

4349Florida Statutes (1989), at which proceedings petitioner may

4357introduce evidence to contradict the findings in the emergency

4366order .Ñ); Field v. DepÓt of Health , 902 So. 2d 893 , 895 (Fla. 1st

4380DCA 2005)(noting that Ð[s]ection 120.60(6)(c) requires, in cases

4388of summary suspension, that the [d]epartment promptly institute a

4397formal suspension or revocation proceeding pursuant to

4404sections 120.569 and 120.57, Florida Statutes (1999).Ñ); Ampuero

4412v. DepÓt of ProfÓl Reg. , 410 So. 2d 213, 214 (Fla. 3d DCA

44251982)(quashing an emergency order and stating Ð[w]hen the state

4434undertook to temporarily restrict the petitionerÓs privilege to

4442practice medicine it had an affirmative duty to grant a post -

4454suspension hearing and one that would be concluded without

4463appreciable delay.Ñ). 3/

446656. Having established that the First DCAÓs decision in

4475Florida Association of Homes and Services for the Aging, Inc. ,

4485does not control the outcome of the instant case, the analysis

4496turns to whether the Agencies can satisfy the standard for

4506defeating a request for fees pursuant to section 120.595(3).

451557. Section 120.595(3) provides that Ð[a ]n agencyÓs actions

4524are Òsubstant ially justifiedÓ if there was a reasonable basis in

4535law and fact at the time the actions were taken by the agency.Ñ

4548This standard has been described as Ðfall[ing] somewhere between

4557the no justiciable issue standard in Section 57.105 . . . and an

4570automatic award of fees to a prevailing party.Ñ Helmy , 707 So.

45812d at 368. See also DepÓt of HRS v. S.G. , 613 So. 2d 1380, 1386

4596(Fla. 1st DCA 1993)(explaining that non - frivolous does not equate

4607to substantially justified).

461058. Making nursing homes and ALFs mor e self - sufficient in

4622the aftermath of a natural disaster is a laudable goal and the

4634Agencies were substantially justified in taking action to make

4643that goal a reality. However, the Agencies did not consult with

4654the nursing home or ALF industries before ad opting the Emergency

4665Rules. The Agencies performed no independent evaluation as to

4674whether it was physically possible for nursing homes and ALFs to

4685satisfy the Emergency RulesÓ requirements by the November 15,

46942017, deadline. During the final hearing, Pe titioners presented

4703credible and persuasive testimony demonstrating that it was

4711impossible for a facility to have a new generator installed

4721within the 60 - day timeline set forth in the Emergency Rules.

473359. Because they sought to impos e requirements that could

4743not be satisfied in the time frame given, the Agencies had no

4755substantial justification for adopting the Emergency Rules.

476260. The fact that the Agencies allowed nursing homes and

4772ALFs to seek variances from the Emergency Rules does not remedy

4783the lack of forethought that preceded the adoption of the

4793Emergency Rules. By providing for such variances, the Agencies

4802undermined their assertion that Florida was facing an emergency

4811that had to be addressed by November 15, 2017.

482061. Despite the lack of substantial justification, the

4828Agencies can still avoid an award of fees and costs if special

4840circumstances exist which would make an award to Petitioners

4849unjust.

485062. Section 120.595(3) does not define the term Ðspecial

4859circumstances.Ñ However, the Flo rida Equal Access to Justice Act

4869and the F ederal Equal Access to Justice Act provide for a special

4882circumstances defense, and cases construing the federal act

4890describe the defense as being based on equitable considerations .

4900See RHC & Assoc . , Inc. v. Hills borough Cnty . Sch . Bd. , Case

4915No. 02 - 3922F (Fla. DOAH Feb. 3, 2003) (describing how the special

4928circumstances defense is grounded in equitable considerations and

4936acts as a safety valve when unusual circumstances do not justify

4947awarding fees against the gove rnment ) .

495563. The Agencies argue that equitable considerations

4962support denial of Petitioners Ó fee requests because the State of

4973Florida was facing an emergent situation and lives were at stake.

498464. However , and as discussed above, the AgenciesÓ state d

4994justifications for finding that an emergency existed did not

5003stand up to scrutiny during the final hearing.

501165. Indeed, the AgenciesÓ justification for adopting the

5019Emergency Rules was undermined by the fact that there were only

503015 days between the dat e when the Emergency Rules went into

5042effect and the last day of the 2017 hurricane season.

505266. In short, there are no special circumstances that would

5062make an award of fees and costs to Petitioners unjust.

5072ORDER

5073Based on the foregoing Findings of Fact a nd Conclusions of

5084Law, Petitioners are entitled to an award of attorneysÓ fees and

5095costs pursuant to section 120.595(3). In addition, the Agencies

5104have failed to demonstrate that their actions were substantially

5113justified or that any special circumstances exist which would

5122make an award of fees and costs unjust. Accordingly, it is

5133ORDERED that :

51361. AHCA shall pay LeadingAge Florida $ 50,000.00 as

5146compensation for attorneysÓ fees incurred by LeadingAge Florida

5154in its challenge to Emergency Rule 59AER17 - 1 , and costs of

5166$8,951.8 5 , which represents half of all costs incurred by

5177LeadingAge Florida in its challenge to the Emergency Rules;

51862. DOEA shall pay Petitioners a total of $50,000.00 as

5197compensation for attorneys Ó fee incurred by Petitioners in their

5207challenge to Emergency Rule 58AER17 - 1 . The aforementioned amount

5218shall be apportioned by agreement of Petitioners. LeadingAge

5226FloridaÓs portion shall not exceed $20,729.50 . If Petitioners

5236cannot reach an agreement on apportioning the fee award, then any

5247Petitioner can file a motion requesting that the undersigned

5256determine the amounts attributable to each Petitioner.

52633 . DOEA shall pay LeadingAge Florida costs of $8,951.8 5 ,

5275which represents half of all costs incurred by LeadingAge in its

5286challenge to th e Emergency Rules;

52924 . DOEA shall pay FALA $2,664 .00 for costs incurred by FALA

5306in its challenge to Emergency R ule 58AER17 - 1.

53165 . DOEA shall pa y Florida Argentum $4,156.50 for costs

5328incurred by Florida Argentum in its challenge to Emergency Rule

533858AER17 - 1.

5341DONE AND ORDERED this 21st day of December, 2018 , in

5351Tallahassee, Leon County, Florida.

5355S

5356G. W. CHISENHALL

5359Administrative Law Judge

5362Division of Administrative Hearings

5366The DeSoto Building

53691230 Apalachee Parkway

5372Tallahass ee, Florida 32399 - 3060

5378(850) 488 - 9675

5382Fax Filing (850) 921 - 6847

5388www.doah.state.fl.us

5389Filed with the Clerk of the

5395Division of Administrative Hearings

5399this 21st day of December, 2018 .

5406ENDNOTE S

54081/ Unless stated otherwise, all statutory references will be to

5418the 2017 version of the Florida Statutes.

54252/ Section 120.542(2 ) provides that Ð[v]ariances and waivers

5434shall be granted when the person subject to the rule demonstrates

5445that the purpose of the underlying statute will be or has been

5457achieved by othe r means by the person and when application of a

5470rule would create a substantial hardship or would violate

5479principles of fairness.Ñ

54823/ Please refer to note 10 of the Final Order for an in - depth

5497description of the different scope of reviews applied by the

5507First DCA and DOAH to the Emergency Rules.

5515COPIES FURNISHED:

5517Seann M. Frazier, Esquire

5521Parker, Hudson, Rainer & Dobbs, LLP

5527Suite 750

5529215 South Monroe Street

5533Tallahassee, Florida 32301

5536(eServed)

5537Marc Ito, Esquire

5540Parker Hudson Rainer & Dobbs, LLP

5546Suite 750

5548215 South Monroe Street

5552Tallahassee, Florida 32301

5555(eServed)

5556Craig D. Miller, Esquire

5560Rutledge Ecenia, P.A.

5563Suite 202

5565119 South Monroe Street

5569Tallahassee, Florida 32301

5572(eServed)

5573Stefan Robert Grow, General Counsel

5578Agency for Health Care Admin istration

5584Mail Stop 3

55872727 Mahan Drive

5590Tallahassee, Florida 32308

5593(eServed)

5594William H. Roberts, Esquire

5598Agency for Health Care Administration

5603Mail Stop 3

56062727 Mahan Drive

5609Tallahassee, Florida 32308

5612(eServed)

5613Tana D. Storey, Esquire

5617Rutledge Ecenia, P.A .

5621Suite 202

5623119 South Monroe Street

5627Tallahassee, Florida 32301

5630(eServed)

5631J. Stephen Menton, Esquire

5635Rutledge Ecenia, P.A.

5638119 South Monroe Street, Suite 202

5644Post Office Box 551

5648Tallahassee, Florida 32302 - 0551

5653(eServed)

5654Stephen A. Ecenia, Esquire

5658Rutled ge Ecenia, P.A.

5662119 South Monroe Street, Suite 202

5668Post Office Box 551

5672Tallahassee, Florida 32301

5675(eServed)

5676John F. Loar, Esquire

5680Nelson Mullins Broad and Cassel

5685Suite 400

5687215 South Monroe Street

5691Tallahassee, Florida 32301

5694(eServed)

5695Frank P. Rainer, Es quire

5700Nelson Mullins Broad and Cassel

5705Suite 400

5707215 South Monroe Street

5711Tallahassee, Florida 32301

5714(eServed)

5715M. Stephen Turner, Esquire

5719Nelson Mullins Broad and Cassel

5724Suite 400

5726215 South Monroe Street

5730Tallahassee, Florida 32301

5733(eServed)

5734Amy W. S chrader, Esquire

5739Baker Donelson

5741Suite 925

5743101 North Monroe Street

5747Tallahassee, Florida 32301

5750(eServed)

5751Justin Senior, Secretary

5754Agency for Health Care Administration

5759Mail Stop 1

57622727 Mahan Drive

5765Tallahassee, Florida 32308

5768(eServed)

5769Shena Grantham, Esq uire

5773Agency for Health Care Administration

5778Mail Stop 3

57812727 Mahan Drive

5784Tallahassee, Florida 32308

5787(eServed)

5788T h omas M. Hoeler, Esquire

5794Agency for Health Care Administration

5799Mail Stop 3

58022727 Mahan Drive

5805Tallahassee, Florida 323 08

5809(eServed)

5810Jeffrey Bragg , Secretary

5813Department of Elder Affairs

5817Suite 315

58194040 Esplanade Way

58222727 Mahan Drive

5825Tallahassee, Florida 32399 - 7000

5830(eServed)

5831Francis Carbone, General Counsel

5835Department of Elder Affairs

5839Suite 315

58414040 Esplanade Way

58442727 Mahan Drive

5847Tallahassee, Flori da 32399 - 7000

5853(eServed)

5854NOTICE OF RIGHT TO JUDICIAL REVIEW

5860A party who is adversely affected by this Final Order is entitled

5872to judicial review pursuant to section 120.68, Florida Statutes.

5881Review proceedings are governed by the Florida Rules of Appe llate

5892Procedure. Such proceedings are commenced by filing the original

5901notice of administrative appeal with the agency clerk of the

5911Division of Administrative Hearings within 30 days of rendition

5920of the order to be reviewed, and a copy of the notice,

5932accompanied by any filing fees prescribed by law, with the clerk

5943of the District Court of Appeal in the appellate district where

5954the agency maintains its headquarters or where a party resides or

5965as otherwise provided by law.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/31/2019
Proceedings: Transmittal letter from Claudia Llado forwarding Transcript and Exhibits to the agency.
PDF:
Date: 03/15/2019
Proceedings: BY ORDER OF THE COURT: Appeal and Cross Appeal are dismissed.
PDF:
Date: 02/27/2019
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 02/27/2019
Proceedings: Index (of the Record) sent to the parties of record.
PDF:
Date: 02/13/2019
Proceedings: BY ORDER OF THE COURT: the appellee/cross-appellant has failed to tender the required filing fee.
PDF:
Date: 02/05/2019
Proceedings: Notice of Administrative Cross-Appeal (Florida Argentum) filed. (Certified Copy to the First District Court of Appeals)
PDF:
Date: 01/31/2019
Proceedings: Notice of Administrative Cross-Appeal filed. (Certified copy sent to the First District of Appeal)
PDF:
Date: 01/31/2019
Proceedings: Notice of Administrative Cross Appeal by Florida Assisted Living Association (filed in Case No. 17-005409RE).
PDF:
Date: 01/23/2019
Proceedings: Acknowledgment of New Case, First DCA Case No. 1D19-0277 filed.
PDF:
Date: 01/22/2019
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
PDF:
Date: 12/21/2018
Proceedings: Second DOAH FO
PDF:
Date: 12/21/2018
Proceedings: Final Order on Fees. CASE CLOSED.
PDF:
Date: 11/09/2018
Proceedings: FALA's Proposed Final Order on Attorney's Fees and Costs (filed in Case No. 17-005409RE).
PDF:
Date: 11/09/2018
Proceedings: Respondents' Written Arguments on the Issue of whether Petitioners are Entitled to an Award of Attorneys' Fees and Costs Pursuant to Section 120.595(3), Florida Statutes filed.
PDF:
Date: 11/09/2018
Proceedings: Petitioner Florida Argentum's Memorandum in Support of Motion for Attorney's Fees filed.
PDF:
Date: 11/09/2018
Proceedings: Notice of Service of Filing LeadingAge Florida's Proposed Final Order filed.
PDF:
Date: 10/30/2018
Proceedings: Order Canceling Hearing (parties to advise status by November 9, 2018).
PDF:
Date: 10/26/2018
Proceedings: Joint Stipulation and Motion to Allow Submission of Written Arguments in Lieu of Currently Scheduled Evidentiary Hearing filed.
PDF:
Date: 10/19/2018
Proceedings: Amended Order Granting Agreed Motion for Extension of Time to File Joint Pre-hearing Stipulation.
PDF:
Date: 10/18/2018
Proceedings: Order Granting Agreed Motion for Extension of Time to File Joint Pre-hearing Stipulation.
PDF:
Date: 10/17/2018
Proceedings: Agreed Motion for Extension of Time to File Joint Pre-hearing Stipulation filed.
PDF:
Date: 07/09/2018
Proceedings: Order Regarding the Applicability of Section 120.595(2), Florida Statutes, $50.000 Cap on Attorneys' Fees.
PDF:
Date: 07/06/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/27/2018
Proceedings: Notice of Hearing (hearing set for October 29 and 30, 2018; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 06/21/2018
Proceedings: Agreed Notice of Availability filed.
PDF:
Date: 06/13/2018
Proceedings: Second Order Regarding Additional Proceedings Related to Attorneys' Fees and Costs.
PDF:
Date: 06/12/2018
Proceedings: LeadingAge's Notice of Availability filed.
PDF:
Date: 06/12/2018
Proceedings: Respondents' Joint Notice of Availability filed.
PDF:
Date: 06/12/2018
Proceedings: Petitioner FALA's Notice of Availability (filed in Case No. 17-005409RE).
PDF:
Date: 06/11/2018
Proceedings: Petitioner, Florida Argentum's Notice of Availability filed.
PDF:
Date: 06/05/2018
Proceedings: Order Granting LeadingAge Florida's Motion for Leave to Reply to Respondents' Amended Joint Response in Opposition to Petitioners' Renewed Motions for Attorney's Fees and Costs.
PDF:
Date: 06/05/2018
Proceedings: Order Regarding Additional Proceedings Related to Attorneys' Fees and Costs.
PDF:
Date: 05/31/2018
Proceedings: LeadingAge Florida's Motion for Leave to Reply to Respondents' Amended Joint Response in Opposition to Petitioners' Renewed Motions for Attorney's Fees and Costs filed.
PDF:
Date: 05/25/2018
Proceedings: Respondents' Amended Joint Response in Opposition to Petitioners' Renewed Motions for Attorneys' Fees and Costs filed.
PDF:
Date: 05/21/2018
Proceedings: Order Regarding Renewal of Motion for Attorneys' Fees Filed October 25, 2017.
PDF:
Date: 05/18/2018
Proceedings: FALA's Renewal of Motion for Attorney's Fees filed October 25, 2017 (filed in Case No. 17-005409RE).
PDF:
Date: 05/17/2018
Proceedings: Order Regarding Petitioners' Renewed Motion for Attorney's Fees and Costs.
PDF:
Date: 05/15/2018
Proceedings: Petitioner Florida Argentum's Response to Respondents' Request to Abate Petitioners' Renewed Motion for Attorneys' Fees and Costs filed.
PDF:
Date: 05/11/2018
Proceedings: Petitioner LeadingAge Florida's Response to Respondents' Request to Abate Petitioners' Renewed Motion for Attorneys' Fees and Costs filed.
PDF:
Date: 05/08/2018
Proceedings: FALA's Response to the Department's Request to Abate FALA's Motion for Attorneys' Fees (filed in Case No. 17-005409RE).
PDF:
Date: 05/04/2018
Proceedings: Respondents' Joint Response in Opposition and Request to Abate Petitioners' Renewed Motion for Attorneys' Fees and Costs filed.
PDF:
Date: 04/27/2018
Proceedings: Petitioners' Renewed Motion for Attorney's Fees and Costs filed.
PDF:
Date: 03/21/2018
Proceedings: BY ORDER OF THE COURT: Appeal dismissed pursuant to Florida Rule of Appellate Procedure 9.350(b).
PDF:
Date: 01/11/2018
Proceedings: Corrected Index, Record, and Certificate of Record sent to the First District Court of Appeal.
PDF:
Date: 01/10/2018
Proceedings: Index, Record, and Certificate of Record sent to the First District Court of Appeal.
PDF:
Date: 11/15/2017
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 11/15/2017
Proceedings: Index (of the Record) sent to the parties of record.
PDF:
Date: 11/14/2017
Proceedings: BY ORDER OF THE COURT: denying emergency joint motion to vacate say claimed by appellants filed.
PDF:
Date: 11/03/2017
Proceedings: BY ORDER OF THE COURT: Appellants are directed to file a response to the October 31, 2017, Motion to Vacate Stay Claimed by Appellants' no later than five days from the date of this order.
PDF:
Date: 11/03/2017
Proceedings: Respondents' Joint Response and Motion for Abeyance of Petitioners' Motions for Attorneys' Fees filed.
PDF:
Date: 10/30/2017
Proceedings: Order Denying Joint Motion for Clarification.
PDF:
Date: 10/30/2017
Proceedings: LeadingAge Florida and Florida Argentum's Emergency Joint Motion for Clarification filed.
PDF:
Date: 10/30/2017
Proceedings: Acknowledgment of New Case, First DCA Case No. 1D17-4534 filed.
PDF:
Date: 10/27/2017
Proceedings: DOAH Final Order
PDF:
Date: 10/27/2017
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
PDF:
Date: 10/27/2017
Proceedings: Final Order (hearing held October 12 and 13, 2017). CASE CLOSED.
PDF:
Date: 10/25/2017
Proceedings: Florida Assisted Living Association's Motion for Attorney's Fees (filed in Case No. 17-005409RE).
PDF:
Date: 10/24/2017
Proceedings: Petitioner Florida Argentum's Motion for Attorney's Fees filed.
PDF:
Date: 10/24/2017
Proceedings: LeadingAge Florida's Motion for Section 120.595(3) Attorney's Fees filed.
PDF:
Date: 10/20/2017
Proceedings: Petitioner Florida Argentum's Proposed Final Order filed.
PDF:
Date: 10/20/2017
Proceedings: Notice of Filing (AHCA-Dept.of Elder Affairs Proposed Final Order) filed.
PDF:
Date: 10/20/2017
Proceedings: Notice of Service of Filing LeadingAge Florida's Proposed Final Order filed.
PDF:
Date: 10/20/2017
Proceedings: Florida Assisted Living Association's Proposed Final Order filed.
Date: 10/17/2017
Proceedings: Transcript of Proceedings (5 Volumes, not available for viewing) filed.
Date: 10/13/2017
Proceedings: CASE STATUS: Hearing Held.
Date: 10/12/2017
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 13, 2017; 8:15 a.m.; Tallahassee, FL.
PDF:
Date: 10/11/2017
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 10/11/2017
Proceedings: Department of Elder Affairs Response to FL Argentum's First Request for Production of Documents filed.
PDF:
Date: 10/11/2017
Proceedings: Department of Elder Affairs Response to Florida Argentum's First Request for Admissions filed.
PDF:
Date: 10/11/2017
Proceedings: LeadingAge Florida's Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 10/11/2017
Proceedings: LeadingAge Florida's Responses and Objections to the Department of Elder Affairs and the Agency for Health Care Administration's First Request for Production of Documents filed.
PDF:
Date: 10/11/2017
Proceedings: LeadingAge Florida's Notice of Serving Unverified Answers to the Agency for Health Care Administration and the Department of Elder Affairs' First Set of Interrogatories filed.
PDF:
Date: 10/10/2017
Proceedings: Order Regarding Presentation of Evidence and Testimony.
PDF:
Date: 10/10/2017
Proceedings: Petitioner FL Argentum's Notice of Service of Verified Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 10/10/2017
Proceedings: Department of Elder Affairs' Notice of Serving Answers to Florida Association of Homes and Services for the Aging, Inc. d/b/a Leadingage Florida's First Interrogatories filed.
PDF:
Date: 10/10/2017
Proceedings: Department of Elder Affairs' Notice of Serving Answers to Florida Argentum's First Interrogatories filed.
PDF:
Date: 10/09/2017
Proceedings: Agency for Health Care Administration's Notice of Serving Answers to Florida Association of Homes and Services for the Aging, Inc. d/b/a Leadingage Florida's First Interrogatories filed.
PDF:
Date: 10/09/2017
Proceedings: Department of Elder Affairs Response to Leadingage Florida's First Request for Production of Documents filed.
PDF:
Date: 10/09/2017
Proceedings: Agency for Health Care Administration's Response to Leadingage Florida's First Request for Production of Documents filed.
PDF:
Date: 10/09/2017
Proceedings: Notice of Service of Florida Assisted Living Association, Inc.'s Answers to Florida Department of Elder Affairs' First Set of Interrogatories (filed in Case No. 17-005409RE).
PDF:
Date: 10/09/2017
Proceedings: Florida Assisted Living Association, Inc.'s Responses to Florida Department of Elder Affairs' First Request for Production of Documents (filed in Case No. 17-005409RE).
PDF:
Date: 10/09/2017
Proceedings: Petitioner FL Argentum's Notice of Service of Unverified Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 10/09/2017
Proceedings: Petitioner FL Argentum's Response to Respondent Department of Elder Affairs' First Request for Production filed.
PDF:
Date: 10/09/2017
Proceedings: Petitioner FL Argentum's Cross-Notice of Taking Depositions filed.
PDF:
Date: 10/06/2017
Proceedings: LeadingAge Florida's Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 10/05/2017
Proceedings: Witness List of LeadingAge Florida filed.
PDF:
Date: 10/05/2017
Proceedings: Petitioner FL Argentum's Final Witness List filed.
PDF:
Date: 10/05/2017
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 10/05/2017
Proceedings: Department of Elder Affairs and Agency for Health Care Administration's Final Witness List filed.
PDF:
Date: 10/05/2017
Proceedings: Petitioner Florida Assisted Living Association, Inc.'s Witness List (filed in Case No. 17-005409RE).
PDF:
Date: 10/04/2017
Proceedings: Florida Department of Elder Affairs' Notice of Service of First Set of Interrogatories to Florida Argentum filed.
PDF:
Date: 10/04/2017
Proceedings: Respondents' First Request for Production of Documents to Florida Argentum filed.
PDF:
Date: 10/04/2017
Proceedings: Respondents' First Request for Production of Documents to Leadingage Florida filed.
PDF:
Date: 10/04/2017
Proceedings: Florida Department of Elder Affairs and Florida Agency for Health Care Administration's Notice of Service of First Set of Interrogatories to Leadingage Florida filed.
PDF:
Date: 10/04/2017
Proceedings: Respondents' First Request for Production of Documents to Florida Assisted Living Association, Inc. filed.
PDF:
Date: 10/04/2017
Proceedings: Florida Department of Elder Affairs' Notice of Service of First Set of Interrogatories to Florida Assisted Living Association, Inc. filed.
PDF:
Date: 10/03/2017
Proceedings: Petitioner FL Argentum's Notice of Service of First Set of Interrogatories to Respondent Department of Elder Affairs filed.
PDF:
Date: 10/03/2017
Proceedings: Petitioner FL Argentum's First Request for Admissions from Respondent Department of Elder Affairs filed.
PDF:
Date: 10/03/2017
Proceedings: Petitioner FL Argentum's First Request for Production of Documents from Respondent Department of Elder Affairs filed.
PDF:
Date: 10/02/2017
Proceedings: Order Regarding Discovery Deadlines.
PDF:
Date: 10/02/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/02/2017
Proceedings: Notice of Hearing (hearing set for October 12 and 13, 2017; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 10/02/2017
Proceedings: Order of Assignment.
PDF:
Date: 10/02/2017
Proceedings: Order of Consolidation (DOAH Case Nos. 17-5388RE, 17-5409RE, and 17-5445RE).
Date: 09/29/2017
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 09/29/2017
Proceedings: Notice of Appearance (Stephen Ecenia) filed.
PDF:
Date: 09/29/2017
Proceedings: Notice of Appearance (J. Menton) filed.
PDF:
Date: 09/29/2017
Proceedings: Notice of Appearance (Stephen Ecenia) filed.
PDF:
Date: 09/29/2017
Proceedings: Notice of Appearance (Tana Storey) filed.
PDF:
Date: 09/29/2017
Proceedings: Notice of Appearance (Craig Miller) filed.
PDF:
Date: 09/28/2017
Proceedings: Notice of Serving LeadingAge Florida's First Set of Interrogatories to the Department of Elder Affairs filed.
PDF:
Date: 09/28/2017
Proceedings: Notice of Serving LeadingAge Florida's First Set of Interrogatories to the Agency for Health Care Administration filed.
PDF:
Date: 09/28/2017
Proceedings: Notice of Telephonic Status Conference (status conference set for September 29, 2017; 2:30 p.m.).
PDF:
Date: 09/28/2017
Proceedings: LeadingAge Florida's First Request for Production of Documents to the Agency for Health Care Administration filed.
PDF:
Date: 09/28/2017
Proceedings: LeadingAge Florida's First Request for Production of Documents to the Department of Elder Affairs filed.
PDF:
Date: 09/27/2017
Proceedings: Order of Assignment.
PDF:
Date: 09/27/2017
Proceedings: Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
PDF:
Date: 09/26/2017
Proceedings: Petition to Challenge Emergency Rules 58AER17-1 and 59-AER17-1 filed.

Case Information

Judge:
G. W. CHISENHALL
Date Filed:
09/26/2017
Date Assignment:
09/27/2017
Last Docket Entry:
05/31/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Elder Affairs
Suffix:
RE
 

Counsels

Related Florida Statute(s) (17):