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Nichole Chere Geary
Nichole Chere Geary
Visitors: 48
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Bar #91098(FL)     License for 14 years
Tallahassee FL

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18-002838RP  LOUIS DEL FAVERO ORCHIDS, INC. vs FLORIDA DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE  (2018)
Division of Administrative Hearings, Florida Filed: Jun. 01, 2018
The issue in this case is whether proposed Florida Administrative Code Rule 64-4.002 (the “Proposed Rule”) is an invalid exercise of the legislative authority delegated to the Department of Health (the “Department”).Petitioner proved that the Proposed Rule is an invalid exercise of delegated legislative authority.
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.
15-006204RP  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.
15-007267  DANIEL BANKS vs DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE  (2015)
Division of Administrative Hearings, Florida Filed: Dec. 18, 2015
The issue in this case is whether a nolo contendere plea by Petitioner, Daniel Banks, to possession of a controlled substance (phenobarbital) in the State of Kansas in 2004 is a disqualifying offense under section 435.04, Florida Statutes. (Unless specifically stated otherwise herein, all references to Florida Statutes shall be to the 2015 version.)Petitioner's crime committed in Kansas in 2004 was not a felony, thus it was not a disqualifying event.

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