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David Mark Maloney
David Mark Maloney
Visitors: 72
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Bar #200867(FL)     License for 49 years; Member in Good Standing
Tallahassee FL

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18-002508RP  FLORIDA STATE ORIENTAL MEDICAL ASSOCIATION vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE  (2018)
Division of Administrative Hearings, Florida Filed: May 14, 2018
At issue in this proceeding is whether proposed Florida Administrative Code Rule 64B17-6.008 (the “Proposed Rule) constitutes an invalid exercise of delegated legislative authority.Board of Physical Therapy practice lacks statutory authority to adopt rule establishing minimum standards for "dry needling" by physical therapists.
17-005769  AGENCY FOR HEALTH CARE ADMINISTRATION vs REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC  (2017)
Division of Administrative Hearings, Florida Filed: Oct. 17, 2017
The issues to be determined in this case are whether Respondent, Rehabilitation Center at Hollywood Hills, LLC ("Hollywood Hills"), violated Florida law as alleged in the Amended Administrative Complaint filed by the Agency for Health Care Administration ("AHCA" or "Agency"); and, if so, what sanctions should be imposed.AHCA demonstrated Hollywood Hills commited several Class 1 violations resulting in, or contributing to, the deaths of 9 patients and a mass casualty incident in the aftermath of a loss of A/C from Hurricane Irma. Recommend license revocation.
17-001913CON  THE NEMOURS FOUNDATION, D/B/A NEMOURS CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2017
Whether there is need for a new Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program in Organ Transplant Service Area (OTSA) 3; and, if so, whether Certificate of Need (CON) Application No. 10471 (heart) and/or 10472 (heart and lung), filed by The Nemours Foundation, d/b/a Nemours Children’s Hospital (Nemours or NCH), to establish a Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program, satisfy the applicable statutory and rule review criteria for award of a CON.Nemours failed to establish need for its proposed pediatric heart and heart/lung transplant programs.
17-001914CON  THE NEMOURS FOUNDATION, D/B/A NEMOUR'S CHILDREN'S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2017
Whether there is need for a new Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program in Organ Transplant Service Area (OTSA) 3; and, if so, whether Certificate of Need (CON) Application No. 10471 (heart) and/or 10472 (heart and lung), filed by The Nemours Foundation, d/b/a Nemours Children’s Hospital (Nemours or NCH), to establish a Pediatric Heart Transplant and/or Pediatric Heart and Lung Transplant program, satisfy the applicable statutory and rule review criteria for award of a CON.Nemours failed to establish need for its proposed pediatric heart and heart/lung transplant programs.
90-006418RP  STANLEY L. BECKER, LAMAR LOUISE CURRY, AND WILLIAM CULLEN vs ADMINISTRATION COMMISSION AND DEPARTMENT OF COMMUNITY AFFAIRS  (1990)
Division of Administrative Hearings, Florida Filed: Oct. 11, 1990
The central issue in this case is whether the Administration Commission's proposed amendment to the boundary of the Florida Keys Area of Critical State Concern, Rule 28-29.002, Florida Administrative Code, is an invalid exercise of delegated legislative authority. There are related issues concerning the standing of the Petitioners and concerning whether the subject rule, due to its special character as a rule which must be submitted for legislative review, is properly the subject of a rule challenge proceeding.Proposed rules changing the boundary of the Florida Keys Area of Critical State Concern is invalid; two Petitioners dismissed for lack of standing.
89-006203RX  FLORIDA LEAGUE OF CITIES, INC. vs FLORIDA ADMINISTRATION COMMISSION  (1989)
Division of Administrative Hearings, Florida Filed: Nov. 14, 1989
Whether Rule 28-39.006(3), Florida Administrative Code, and the policies adopted by the Administration Commission on October 24, 1989, which describe a method for calculating sanctions to be imposed under Section 163.3184(11), Florida Statutes, on cities or counties which fail to submit Local Comprehensive Plans, or which submit plans determined not to be in compliance with Part II of Chapter 163, Florida Statutes, are invalid exercises of delegated legislative authority?Administration commission policy on penalty for failure to submit or submission of plans not in compliance with growth management act reasonable, upheld.

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