Leon FL Lawyers | John D Campbell Newton -- eLawyers

08-002199RP GERAUD L MORELAND, (II), THROUGH HIS NEXT FRIEND GERAUD L. MORELAND, SR.; KENNETH GIBSON, THROUGH HIS NEXT FRIEND DIANNA MCCULLOUGH, COLLIN CONE; AND ADVOCACY CTR FOR PERSONS WITH DISABILITIES, INC. ET AL. vs AGENCY FOR PERSONS WITH DISABILITIES (2008)

Division of Administrative Hearings, Florida Filed: May 05, 2008

Whether Proposed Florida Administrative Code Rules 65G- 4.0021, 65G-4.0022, 65G-4.0023, 65G-4.0024, and 65G-4.0025 are invalid exercises of delegated legislative authority.Proposed rules to implement Medicaid Waiver Tiers are not invalid exercises of delegated legislative authority.

00-000952RP NAACP, INC., THROUGH ITS FLORIDA CONFERENCE OF BRANCHES OF NAACP, MATTIE GARVIN, ON HER OWN BEHALF AND AS MOTHER OF KEITH GARVIN, AND KEITH GARVIN vs FLORIDA BOARD OF REGENTS AND THE STATE BOARD OF EDUCATION (2000)

Division of Administrative Hearings, Florida Filed: Feb. 28, 2000

Are proposed amendments to Rules 6C-6.001, 6C-6.002 and 6C-6.003, Florida Administrative Code, calling for language to be repealed and added, "invalid exercises of delegated legislative authority?" Section 120.52(8), Florida Statutes.Proposed amendments to the Board of Regents` rules on student admissions were valid, with the exception that attempt at repeal of Rule 6C-6.001(10)(e)6 is invalid.

99-003321CON MANATEE MEMORIAL HOSPITAL, L.P. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1999)

Division of Administrative Hearings, Florida Filed: Aug. 05, 1999

Whether the application of Manatee Memorial Hospital, Inc. (CON 9170) to establish a 120-bed satellite hospital in eastern Manatee County should be granted?Growth in eastern Manatee County plus need to decompress Manatee Memorial`s main campus justifies relocation of 120 beds to satellite hospital facility in east part of the County.

98-003420RX PUNTA GORDA HMA, INC., O/B/O CHARLOTTE REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (1998)

Division of Administrative Hearings, Florida Filed: Jul. 27, 1998

Whether the second and third sentences of Rule 59C-1.033(7)(c), Florida Administrative Code, are invalid? If so, whether they may be severed from the remainder of the Rule?First two sentences of Rule 59C-1.033(7)(c), FAC, are invalid. Certificate of Need applications of Sarasota and Venice should be denied: Sarasota`s - quality of care issues; Venice`s - it will drop Charlotte`s annual open heart surgery value below 350.

98-001134CON PUNTA GORDA HMA, INC., LICENSEE FOR CHARLOTTE REGIONAL MEDICAL CENTER vs BON SECOURS - VENICE HEALTHCARE CORPORATION AND AGENCY FOR HEALTH CARE ADMINISTRATION (1998)

Division of Administrative Hearings, Florida Filed: Mar. 05, 1998

Whether either, both, or neither of the applications by Sarasota Doctors Hospital, Inc., and Bon Secours-Venice Health Care Corporation for an open heart surgery program in District 8 should be approved?First two sentences of Rule 59C-1.033(7)(c), FAC, are invalid. Certificate of Need applications of Sarasota and Venice should be denied: Sarasota`s - quality of care issues; Venice`s - it will drop Charlotte`s annual open heart surgery value below 350.

94-001010CON ST. ANTHONY'S HOSPITAL, INC. vs NME HOSPITALS, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Feb. 25, 1994

Whether this case presents "not normal circumstances" that lead to award to St. Anthony's Hospital, Inc., of a certificate of need for an Open Heart Surgery program?Not normal circumstances not present in open heart surgery case that would lead to grant of a Certificate of Need.

94-000292 BOARD OF MEDICINE vs BRIAN HARDCASTLE (1994)

Division of Administrative Hearings, Florida Filed: Jan. 19, 1994

Whether Respondent is guilty of sexual misconduct in the practice of medicine in violation of Sections 458.329 and 458.331(1)(x) F.S.Patient not credible. Even if her version believed, breast exam was not fondling. Expert testimony on scope, method, and ambiance hung on her testimony

93-004880CON GALEN OF FLORIDA, INC., D/B/A ORANGE PARK MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (1993)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1993

The issue in this proceeding is whether, pursuant to current statutory and regulatory provisions, the change in licenseholder of Westside Regional Medical Center from Galen of Florida, Inc., to Columbia Hospital Corporation of South Broward, requires rejection of Certificate of Need application No. 7248, filed by Galen and summary dismissal of Galen's petition for formal hearing.Where license holder changes during the pendency of a CON, new license holder lacks standing to protest the Agency decision.

89-006816 BOARD OF MEDICINE vs DONALD LEE RIFE (1989)

Division of Administrative Hearings, Florida Filed: Dec. 12, 1989

The administrative complaint charges Respondent with a violation of Section 458.331(1)(s) F.S. 1989 [being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition]. However, by pretrial stipulation, the charges were refined to address only Respondent's alleged inability to practice medicine with reasonable skill and safety to patients by reason of illness or mental or physical condition.Male psychiatrist with unprosecuted homosexual relationships with post- pubescent minors has a ""mental condition"" subject to license discipline.

90-003285RP FLORIDA SOCIETY OF OPHTHALMOLOGY, INC.; EMANUEL NEWMARK, M.D.; AND WAITE S. KIRKCONNELL, M.D. vs DEPARTMENT OF PROFESSIONAL REGULATION (1990)

Division of Administrative Hearings, Florida Filed: May 29, 1990

Whether the Petitioners have alleged facts sufficient to prove their standing to challenge the Respondent's proposed amendment to Rule 21-18.002, Florida Administrative Code?Ophthalmology Association and practitioners not have standing to challenge amend- ment of drug formulary for optometrists.

John D Campbell Newton