FLORIDA SENIOR LIVING ASSOCIATION, INC., Petitioner, vs. DEPARTMENT OF ELDER AFFAIRS, Respondent.; Case No.: 18-2212RP; Rule No.: 58A-5.0131, 58A-5.0181, 58A-5.0182, 58A-5.0185, 58A-5.0191, 58A-5.024, 58A-5.031; Dismissed

 

FLORIDA SENIOR LIVING ASSOCIATION, INC., Petitioner, vs. DEPARTMENT OF ELDER AFFAIRS, Respondent. _______________________________/

Case No. 18-2212RP

 

FLORIDA ASSISTED LIVING ASSOCIATION, INC., Petitioner, vs. DEPARTMENT OF ELDER AFFAIRS, Respondent. _______________________________/

Case No. 18-2228RP

 

FLORIDA SENIOR LIVING ASSOCIATION, INC., Petitioner, vs. DEPARTMENT OF ELDER AFFAIRS, Respondent. _______________________________/

Case No. 18-2340RX

 

RULE NO.: 58A-5.0131, 58A-5.0181, 58A-5.0182, 58A-5.0185, 58A-5.0191, 58A-5.024, 58A-5.031;

ORDERED that:

1. The challenged amendments, as detailed in the Findings of Fact, to the following rules are declared invalid exercises of delegated legislative authority: sub subparagraph 58A-5.024(1)(p)1.a., paragraph 58A-5.024(3)(c), paragraph 58A-5.031(2)(d), subsection 58A-5.0131(41), paragraph 58A-5.0182(8)(a), subparagraph 58A-5.0182(8)(a)1., and, as incorporated by paragraph 58A-5.0181(2)(b), Form 1823, section 1 as to the question 56 about elopement risk, section 1.A, section 1.C as to the question about posing a danger to self or others, section 1.D, section 2-A.A, section 2-A.B, section 3, and the signature lines for the patient and the ALF.

2. Any and all challenges to amendments, as detailed in the Findings of Fact, to the following rules are dismissed: paragraphs 58A-5.0185(3)(g), 58A-5.0191(3)(a), and subsection 58A-5.019(3).