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  7. John Michael Huey
John Michael Huey
John Michael Huey
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Bar #130971(FL)     License for 53 years
Tallahassee FL

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17-006578RP  FLORIDA ASSOCIATION OF THE AMERICAN INSTITUTE OF ARCHITECTS, INC. vs FLORIDA BUILDING COMMISSION  (2017)
Division of Administrative Hearings, Florida Filed: Dec. 06, 2017
The issue in this case is whether certain proposed amendments to Florida Administrative Code Rule 61G20-2.002 enlarge, modify, and/or contravene the cited provisions of law implemented, so as to render the proposed amendments invalid exercises of delegated legislative authority.Proposed rule amendments are valid as to objections raised, shown to implement specific powers and duties in the 2017 law that changed the Florida Building Code triennial update process.
17-000510CON  BAYFRONT HEALTH PORT CHARLOTTE vs SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-000551CON  FAWCETT MEMORIAL HOSPITAL, INC., D/B/A FAWCETT MEMORIAL HOSPITAL, AND ENGLEWOOD COMMUNITY HOSPITAL, INC., D/B/A ENGLEWOOD COMMUNITY HOSPITAL vs SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-000556CON  SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL HOSPITAL vs VENICE HMA HOSPITAL, LLC, D/B/A VENICE REGIONAL BAYFRONT HEALTH AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-000557CON  VENICE REGIONAL BAYFRONT HEALTH vs SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT, D/B/A SARASOTA MEMORIAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
Whether Certificate of Need (CON) Application 10457 filed by Sarasota County Public Hospital District (SCPHD), d/b/a Sarasota Memorial Hospital (SMH), seeking approval for a new 90-bed acute care hospital to be located in Venice, Florida, zip code 34275, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether CON Application 10458 filed by Venice HMA Hospital, LLC, d/b/a Venice Regional Bayfront Health, a/k/a Venice Regional Medical Center (VRMC), seeking approval to replace its existing 312-bed general acute care hospital with a 210-bed hospital to be located near Venice, Florida, in zip code 34292, acute care service district 8, Subdistrict 8-6, on balance, satisfies the applicable statutory and rule review criteria. Whether Agency for Health Care Administration (AHCA) rule 59C-1.008(4) (Rule) requires a CON application for a general hospital to contain an audited financial statement and, if so, whether the Rule is an invalid exercise of delegated legislative authority upon which the substantial interests of a party have been determined, in violation of section 120.57(1)(e), Florida Statutes.1/The Sarasota Memorial Hospital and Venice Regional Medical Center CON applications for general hospitals in Sarasota County should both be approved.
17-003108RX  VENICE HMA HOSPITAL, LLC, D/B/A VENICE REGIONAL BAYFRONT HEALTH vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: May 25, 2017
Whether Florida Administrative Code Rule 59C-1.008(4) (Rule) constitutes an invalid exercise of delegated legislative authority because it enlarges, modifies, or contravenes the specific provisions of law implemented.Rule 59C-1.008(4)(c) is an invalid exercise of delegated legislative authority.
14-000010RX  LABORATORY CORPORATION OF AMERICA vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2014)
Division of Administrative Hearings, Florida Filed: Jan. 03, 2014
The issue is whether the Agency’s Lowest Charge Rule as identified in the petition filed in this matter is an invalid exercise of delegated legislative authority because it contravenes the specific provisions of law implemented as prohibited by section 120.52(8)(c), Florida Statutes (2013).Pursuant to joint motion of the parties, Consent Final Order holds that Respondent's "Lowest Charge Rule" is an invalid exercise of delegated legislative authority because it contravenes the specific provisions of law implemented.
76-001963RX  FLORIDA SOCIETY OF NUCLEAR MEDICINE TECHNOLOGY vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1976)
Division of Administrative Hearings, Florida Latest Update: Mar. 29, 1977
THIS CAUSE came on to be heard upon the filing of a petition by the Florida Society of Nuclear Medicine Technologists, Inc. ("Petitioner" hereafter). The Petitioner was originally challenging the validity of certain proposed rules of the Florida Department of Health and Rehabilitative Services ("Respondent" hereafter) respecting the regulation of medical laboratories. The proposed rules have now been codified as a part of Chapter 10D-41, Florida Administrative Code. APPEARANCES For Petitioner: James R. Lavigne, Winter Park, Florida Florida Society of Nuclear Medicine Technologists, Inc. For Respondent: Barbara Dell McPherson, Jacksonville Department of Health and Rehabilitative Services. For Intervenor: John Michael Huey, Tallahassee, Florida Florida Society of Pathologists. Julie Pogue, St. Petersburg, Florida Unity Council for Medical Technology in Florida. The petition was originally filed in the form of telegrams from the Petitioner and several other individuals and groups directed to the Director of the Division of Administrative Hearings. The telegrams did not remotely comport with the requirements of the Model Rules of Procedure respecting the content of petitions for formal proceedings. Rule 28-5.15, Florida Administrative Code.Challenged rules upheld as reasonable and valid implementation of statute governing nuclear medicine laboratories.

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