172 B.R. 122 (1994) In re Ruth M. NOLL, Debtor. Bankruptcy No. 93-7545-8P1. United States Bankruptcy Court, M.D. Florida, Tampa Division. August 24, 1994. David W. Steen, Tampa, FL, for debtor. Michael C. Markham, Clearwater, FL, for Republic Bank. Sara Kistler, Asst. U.S. Trustee, Tampa, FL. ORDER ON CONFIRMATION OF REPUBLIC BANK'S AMENDED PLAN OF REORGANIZATION ALEXANDER L. PASKAY, Chief Judge. THIS is a yet-to-be confirmed Chapter 11 case and the matter before this Court is the proposed Plan o..
The issue for determination is whether an agency statement, and criteria used in support of the statement, constitute a rule under Subsection 120.52(16), Florida Statutes (1993), whether the statement and criteria have been adopted as a rule pursuant to Section 120.54, Florida Statutes (1993), and whether the statement and criteria violate Subsection 120.535(1), Florida Statutes (1993).Error in adjudication of a Certificate of need case not non-rule statement of general applicability; 120.535 petition dismissed.
Whether certificate of need application number 7184 for the establishment of adult open heart surgery services at Baptist Hospital, Pensacola, Florida, filed in March 1993, meets statutory and rule criteria for approval.Size of hospital, its cardiology department, cardiologists and patient preferences are institution-specific concerns not normal bases for open heart certificate of need.
