Pasco-Pinellas Hillsborough Community Health System; the Notice of Declaratory Statement was published on October 4, 2017, in Vol. 43, No. 192, of the Florida Administrative Register. Petitioner sought the agency’s interpretation of Pasco County ...

 

DEPARTMENT OF HEALTH

Division of Emergency Preparedness and Community Support

NOTICE IS HEREBY GIVEN that Division of Emergency Preparedness and Community Support has issued an order disposing of the petition for declaratory statement filed by Pasco-Pinellas Hillsborough Community Health System on September 28, 2017. The following is a summary of the agency's disposition of the petition:

the Notice of Declaratory Statement was published on October 4, 2017, in Vol. 43, No. 192, of the Florida Administrative Register. Petitioner sought the agency’s interpretation of Pasco County Ordinance Article 2, §38-28(2), and Article 2, §38-41(b), as those apply to the Petitioner's circumstances. Specifically, based on the language of the two Ordinance excerpts, Petitioner requested a statement that the Hospital was not required to obtain a Certificate of Public Convenience and Necessity (COPCN) to provide its advanced life support "ambulatory" services. An Order, filed December 22, 2017, answered the issues stated in the petition in the negative finding that: Section 150.565, Florida Statutes, does not authorize a statement regarding the applicability of one or more provisions of a County ordinance to Petitioner's circumstances. The Petition does not show Petitioner is substantially affected by the relief requested in the Petition; until Petitioner becomes licensed or applies for such a license, there is no real and sufficiently immediate injury in fact.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Florida Department of Health, (via mail) 4052 Bald Cypress Way, Bin A-02, Tallahassee, FL 32399-1703; (via hand delivery) 2585 Merchants Row Blvd., Prather Building, Suite 110, Tallahassee, FL; 850-245-4005, [e-mail].