Leon FL Administrative law, Bankruptcy and debt and Real est -- eLawyers

Jay Patrick Reynolds

Visitors: 83

Bar #95291(FL) License for 29 years; Member in Good Standing

Tallahassee FL

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Florida Administrative Code: 18-21.004, 18-21.008, 18-21.011, 28-106.205, 28-106.217, 62-330.301, 62-330.302, 62B-36.002, 62B-41.003, 62B-41.005, 64E-2.012, 64J -2.010, 64J -2.012, 64J-2.010, 64J-2.012, 64J-2.016

17-002754 GALENCARE, INC., D/B/A NORTHSIDE HOSPITAL vs FLORIDA DEPARTMENT OF HEALTH (2017)

Division of Administrative Hearings, Florida Filed: May 15, 2017

The issue in this case is whether the application filed with the Department of Health (“Department”) on March 31, 2017, by Galencare Inc., d/b/a Northside Hospital (“Northside”), to operate as a provisional Level II trauma center met the applicable criteria and standards under Part II, Chapter 395, Florida Statutes (2017),1/ and Florida Administrative Code Chapter 64J-2.Northside Hospital met its burden of establishing that its trauma center application meets all applicable criteria, thereby entitling it to provisional status as a Level II trauma center.

15-006009RP W. D., C. V., K. E. AND K. M. vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2015

The ultimate issue in this case is whether Respondent's proposed repeal of Florida Administrative Code Rule 64C-4.003, which would deregulate certain pediatric cardiac facilities, constitutes an invalid exercise of delegated legislative authority. Before that issue may be reached, however, it is necessary to determine whether Petitioners have standing to challenge the proposed rule.Petitioners lack standing to challenge the proposed repeal of a rule that would deregulate certain cardiac facilities, because no real or immediate injury was shown, and because a common good such as quality health care is not within the zone of interest.

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.

15-003171 THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON SOUTH COMMUNITY HOSPITAL vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2015

The issue for determination is whether Petitioner is in substantial compliance with the requirements in section 395.4025, Florida Statutes, and, therefore, has the critical elements required for a trauma center, so that Respondent must find Petitioner's Level II Trauma Center Application acceptable for approval, which would make Petitioner eligible to operate as a provisional trauma center.Petitioner is in substantial compliance with the requirements in section 395.4025 and, therefore, has the critical elements required for a trauma center, so Respondent should approve Petitioner to operate as a provisional trauma center.

15-006760F KENNETH STAHL, M.D. vs DEPARTMENT OF HEALTH, BOARD OF MEDICINE (2015)

Division of Administrative Hearings, Florida Filed: Nov. 25, 2015

The issue in this case is whether Kenneth D. Stahl, M.D. ("Dr. Stahl" or "Petitioner"), is entitled to an award of attorneys' fees and costs to be paid by the Department of Health, Board of Medicine ("Department" or "Respondent"), pursuant to section 57.105, Florida Statutes (2014).1/The Administrative Complaint was not shown to be unsupported by material facts or by the application of then-existing law to those facts so as to warrant award of attorneys' fees under section 57.105, Florida Statutes.

15-000775PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs KENNETH D. STAHL, M.D. (2015)

Division of Administrative Hearings, Florida Filed: Feb. 13, 2015

The issues in this case are whether Respondents performed a wrong procedure on patient C.C., as set forth in the second amended administrative complaints, and if so, what is the appropriate sanction.Petitioner failed to prove that a wrong procedure was performed where the infected organ was removed and the patient's symptoms resolved, although the procedure that had been identified was not performed, because the procedure may have been misidentified.

15-000776PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs EDDIE MANNING, M.D. (2015)

Division of Administrative Hearings, Florida Filed: Feb. 13, 2015

15-003735RU A. R., A. S., Y. S., D. S., AND Q. J. vs THE FLORIDA DEPARTMENT OF HEALTH, STATE OF FLORIDA (2015)

Division of Administrative Hearings, Florida Filed: Jun. 26, 2015

Whether the Children's Medical Services Network ("CMSN") Clinical Eligibility Screening Guide (Version 12) constitutes an unadopted rule whose existence violates section 120.54(1)(a), because the statement has not been adopted through formal rulemaking procedures.The Department's Clinical Eligibility Screening Guide (Version 12), constitutes an unadopted rule whose existence violates section 120.54(1)(a), Florida Statutes, because the statement has not been adopted through formal rulemaking.

93-005575 DIVISION OF REAL ESTATE vs SHERIN V. REYNOLDS (1993)

Division of Administrative Hearings, Florida Filed: Sep. 30, 1993

Whether Respondent committed the violations alleged in the Administrative Complaint? If so, what disciplinary action should be taken against him?Real est salesman fined by DBF when lic mtg brkr pursuant to settlement ag not subject to discipline by FREC simply because he had been fined by DBF.

92-004313 ALTERNATE MORTGAGE CORPORATION vs DIVISION OF FINANCE (1992)

Division of Administrative Hearings, Florida Filed: Jul. 14, 1992

Whether Petitioner's application for licensure as a mortgage lender pursuant to the "Saving Clause," Section 494.0065, Florida Statutes, should be granted.Applicant who met requirements specified in saving clause entitled to li- cense even if he committed stat violation alleged; ""good standing"" defined.