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Gabriel F V Warren
Gabriel F V Warren
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Bar #84777(FL)     License for 15 years
Tallahassee FL

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16-005837RP  SHANDS JACKSONVILLE MEDICAL CENTER, INC., D/B/A UF HEALTH JACKSONVILLE vs DEPARTMENT OF HEALTH  (2016)
Division of Administrative Hearings, Florida Filed: Oct. 06, 2016
Whether proposed rules 64J-2.010, 64J-2.012, 64J-2.013, and 64J-2.016 of the Florida Administrative Code (“the Proposed Rules”) are an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes (2016).1/Petitioners demonstrated that the Proposed Rules contravene chapter 395, Florida Statutes.
16-005838RP  FLORIDA HEALTH SCIENCES CENTER, INC., D/B/A TAMPA GENERAL HOSPITAL vs DEPARTMENT OF HEALTH  (2016)
Division of Administrative Hearings, Florida Filed: Oct. 06, 2016
Whether proposed rules 64J-2.010, 64J-2.012, 64J-2.013, and 64J-2.016 of the Florida Administrative Code (“the Proposed Rules”) are an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes (2016).1/Petitioners demonstrated that the Proposed Rules contravene chapter 395, Florida Statutes.
16-005839RP  LEE MEMORIAL HEALTH SYSTEM, D/B/A LEE MEMORIAL HOSPITAL vs DEPARTMENT OF HEALTH  (2016)
Division of Administrative Hearings, Florida Filed: Oct. 06, 2016
Whether proposed rules 64J-2.010, 64J-2.012, 64J-2.013, and 64J-2.016 of the Florida Administrative Code (“the Proposed Rules”) are an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes (2016).1/Petitioners demonstrated that the Proposed Rules contravene chapter 395, Florida Statutes.
16-005840RP  BAYFRONT HMA MEDICAL CENTER, LLC, D/B/A BAYFRONT HEALTH - ST. PETERSBURG vs DEPARTMENT OF HEALTH  (2016)
Division of Administrative Hearings, Florida Filed: Oct. 06, 2016
Whether proposed rules 64J-2.010, 64J-2.012, 64J-2.013, and 64J-2.016 of the Florida Administrative Code (“the Proposed Rules”) are an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes (2016).1/Petitioners demonstrated that the Proposed Rules contravene chapter 395, Florida Statutes.
16-005841RP  ST. JOSEPH'S HOSPITAL, INC., D/B/A ST. JOSEPH'S HOSPITAL vs DEPARTMENT OF HEALTH  (2016)
Division of Administrative Hearings, Florida Filed: Oct. 06, 2016
Whether proposed rules 64J-2.010, 64J-2.012, 64J-2.013, and 64J-2.016 of the Florida Administrative Code (“the Proposed Rules”) are an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes (2016).1/Petitioners demonstrated that the Proposed Rules contravene chapter 395, Florida Statutes.
16-004128RU  FLORIDA QUARTER HORSE RACING ASSOCIATION, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 22, 2016
Whether Respondent, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Division”), relied on an unadopted rule when it issued a 2016-2017 annual operating license and cardroom license to the South Florida Racing Association, LLC, d/b/a Hialeah Park (“Hialeah”), and continued to authorize slot machine operations at Hialeah beyond June 30, 2016.Agency's disregard of statutory application deadline and/or submission requirements was an unadopted rule.
17-003265  SHANDS JACKSONVILLE MEDICAL CENTER, INC., D/B/A UF HEALTH JACKSONVILLE vs DEPARTMENT OF HEALTH  (2017)
Division of Administrative Hearings, Florida Filed: Jun. 06, 2017
Whether the application timely filed with the Department of Health (“Department”) by Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville (“Memorial”), met the applicable standards for approval to operate as a provisional Level II trauma center; and whether the Department’s approval of the application was based upon an unadopted rule.Memorial met its burden--establishing that its trauma center application met applicable standards; Shands' argument that the Dep't acted pursuant to an unadopted rule is contrary to §395.4025, Fla Stat. Memorial is entitled to provisional Level II status.
16-003369  SHANDS JACKSONVILLE MEDICAL CENTER, INC., D/B/A UF HEALTH JACKSONVILLE vs DEPARTMENT OF HEALTH  (2016)
Division of Administrative Hearings, Florida Filed: Jun. 15, 2016
Whether the application filed on April 1, 2016, by Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center (Orange Park), to operate as a Level II trauma center met the applicable statutory and rule criteria to receive provisional approval? Whether the Department of Health’s (Department) approval of the application was based upon an unadopted rule?There is no available "slot" for a new trauma center in TSA 5, and, therefore, Orange Park's application for provisional approval must be denied. The Department improperly relied upon an unadopted rule in accepting Orange Park's application.
15-006204RP  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA vs DEPARTMENT OF HEALTH  (2015)
Division of Administrative Hearings, Florida Filed: Nov. 04, 2015
Does Petitioner, The Public Health Trust of Miami-Dade County, Florida (Health Trust), have standing to challenge Department of Health (Department) proposed rules 64J-2.007, 64J-2.008, and 64J-2.009? Is proposed rule 64J-2.007 an invalid exercise of delegated legislative authority? Is proposed rule 64J-2.008 an invalid exercise of delegated legislative authority? Is proposed rule 64J-2.009 an invalid exercise of delegated legislative authority?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.
15-001966CON  MARION COUNTY DEVELOPMENT, LLC vs MARION COUNTY HRC, LLC; CON APP MARION, LLC; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Apr. 10, 2015
Which certificate of need (CON) application seeking to establish a new community nursing home in Nursing Home District 3, Subdistrict 4 (Marion County), on balance, best satisfies the statutory and rule criteria for approval: Marion County Development, LLC's CON Application No. 10257; Marion County HRC, LLC's CON Application No. 10258; or CON APP Marion, LLC's CON Application No. 10256?Record supported Agency incipient policy to approve 120-bed CON for nursing home for short-term rehab patients who are Medicare patients. One competing applicant did not prove ability to finance or staff proposed facility.

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