The issue involved in this case is whether the Petitioner Good Samaritan Health Systems, Inc., should be issued a Certificate of Need to construct an ambulatory surgical center in West Palm Beach, Florida. Testifying on behalf of the Petitioner at the final hearing were Kenneth A. Weda, President of Good Samaritan Hospital; Ms. Patricia Sher, an expert in alternative delivery systems; Samuel G. Tischler, an expert in ambulatory surgical design, administration and planning; Dr. Milton R. Tignor, Jr., a urologist on the staff of the Good Samaritan Hospital; Dr. Abraham Schmuckler, an anesthesiologist at Good Samaritan Hospital; Jerome A. Goebel, an expert in hospital design and architecture; Ross Raneri, an expert in architecture for health care facilities; Byron Thompson, an expert in health care finance; Ms. Linda Vossler, an expert in operating room administration, nursing, staffing and equipment; Robert L. Broadway, an expert in health care planning, administration and finance; and Daniel J. Sullivan, an expert in health care planning and finance. Elizabeth Dudek, Health Services and Facility Consultant Supervisor in the Office of Community Medical Affairs, testified for the Department of Health and Rehabilitative Services. Michael L. Schwartz, an expert in health care planning; Rick D. Knapp, an expert in financial feasibility; and Robert J. Zasa, a former vice-president of Alternative Care, testified on behalf of Intervenors. Nancy McAnallen, nursing director of surgical services at St. Mary's Hospital testified by deposition for Intervenors. Petitioner Good Samaritan's Exhibits 1-3, 6-9, 11-12, 14, 15(a)-(i) and Department of Health and Rehabilitative Services' Exhibits 1-4 were offered and admitted into evidence. The following Intervenor's Exhibits were offered and admitted into evidence: St. Mary's Exhibits 1-4, 6 and 7; Visual Health's Exhibit 1; Intervenor's Exhibits 1-4 and Palm Beach Exhibits 1, 2, 3(a), (b) and (c). At the final hearing ruling was reserved on Petitioner Good Samaritan's Exhibits 4-5 and Intervenor St. Mary's Exhibits 5-6 which are now admitted. The transcript of hearing was filed on September 16, 1986. The parties filed their proposed recommended orders on October 16, 1986. Ruling on the parties' proposed findings are contained in the attached appendix.Need must be determined on a district basis regardless of applicant's capacity or utilization. Petititoner failed to show indigent access to proposed facility.

Certificate Of Need for short term psychiatric hospital. Need satisfied by access problems.

Consistent with the Notice of Hearing furnished the parties by the undersigned on March 28, 1985 a hearing was held in this case before Arnold H. Pollock, a Hearing Officer with the Division of Administrative Hearings in Tallahassee, Florida on May 3, 1985. The issue for consideration was whether Petitioner should be declared eligible to contract with Respondent, Department of Transportation. APPEARANCES For Petitioner: F. Alan Cummings, Esquire Holland & Knight Post Office Drawer 810Contractor intentionally involved in bid rigging and declared ineligible to bid before Department of Transportation (DOT) should be reinstated under facts shown in this case.

Even where bids appear comparable, agency expertise may in some cases be permitted to weigh on factors and is okay unless shown to be arbitrary.

This case raises the issue of whether Respondent, Shurly Contracting, Inc., should be declared delinquent on a contract awarded by Petitioner, Department of Transportation, because the work was not completed within the time allowed by the contract. Respondent asserts that it was delayed in the performance of the contract by factors beyond its control and, therefore, was not delinquent. At final hearing Petitioner called Alan Urgo as a witness. Petitioner offered Exhibit 1, and it was received into evidence. Respondent called Shurly E. Atkinson, vice president of Shurly Contracting, Inc., as a witness. Respondent offered Exhibits 1 through 12, and they were received into evidence. The parties offered Joint Exhibits 1 through 7, and they were received into evidence. The Hearing Officer was requested to take, and took, judicial notice of Section 337.16, Fla. Stat., Chapters 14-22 and 14-23, F.A.C., and Sections 8-Contractor's certificate of compliance suspended where shown it failed to make diligent effort to complete highway project on time.

Where procurement does not require electrical contractor's license, it was error to disqualify low bidder for failure to have that license.

The issues presented in this hearing concern the question of whether the Respondent should reject all bids submitted on DOT State Project No. 72000-3541 or accept the bid of the Petitioner.Agencies are accorded wide discretion in excercise of their lawful authority. Petitioner is upheld in part.

This matter came on for hearing in Tallahassee, Florida on December 18, 1984, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R.T. Carpenter. The parties were represented by: For Petitioner: F. Alan Cummings, Esquire Harry Detwiler, Esquire HOLLAND and KNIGHT Post Office Drawer 810 Tallahassee, Florida 32302Promulgated rule does not exceed statutory authority beacuse agency's interpretation of its statutes is within range of possible interpretations.