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Robert Daniel Newell Jr.
Robert Daniel Newell Jr.
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Bar #138370(FL)     License for 54 years; Member in Good Standing
Tallahassee FL

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89-002714  NORTH BROWARD HOSPITAL DISTRICT, D/B/A CORAL SPRINGS MEDICAL CENTER AND BROWARD GENERAL MEDICAL vs. HOSPITAL COST CONTAINMENT BOARD  (1989)
Division of Administrative Hearings, Florida Latest Update: Jan. 11, 1990
It has been stipulated between the parties that the disputed questions of material fact and law at issue in this proceeding are as follows: Whether the Petitioner, NORTH BROWARD HOSPITAL DISTRICT, is a unit of the local government. Whether the tax-revenues received are "unrestricted grants" within the plain and ordinary meaning of the term. Whether the Respondent has a long-standing policy of including all revenues within the charity care element. Whether the Respondent's proposed construction and application of the phrase "unrestricted grants from local governments" is clearly erroneous.Local government versus specialized district; Grants defined as income for purposes of computing rate increases. Policy versus statutory direction. Petition dismissed.
87-005414  BOARD OF MEDICINE vs. ROLANDO C. JAMILLA  (1987)
Division of Administrative Hearings, Florida Latest Update: Sep. 18, 1989
The issue for consideration herein is whether Respondent's license as a physician in Florida should be disciplined because of the misconduct alleged in the Administrative Complaint filed herein.Doctor who fails to keep appropriate records of patients and who is otherwise guilty of malpractice in administering drugs subject to discipline
89-002623RX  HEALTH QUEST CORPORATION, HEALTH QUEST REALTY II, AND HEALTH QUEST MANAGEMENT CORPORATIONS III AND IV vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1989)
Division of Administrative Hearings, Florida Latest Update: Aug. 29, 1989
The issue in this case is whether Rule 10-5.008(2)(a), Florida Administrative Code, which provides for publication of Certificate of Need Fixed Need Pools, is an invalid exercise of delegated legislative authority, as defined by Section 120.52(8), Florida Statutes.Agency rule correcting problems found to exist in prior Certificate Of Need review process doesn't exceed department's rulemaking authority nor is it arbitrary.
89-001863  BOARD OF MEDICINE vs. AHMED M. EL-MARIAH  (1989)
Division of Administrative Hearings, Florida Latest Update: Aug. 22, 1989
The issue is whether the medical license of Ahmed M. Elmariah, M.D., should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.Medical Doctor's disregard for orders of board, failure to appear or respond to subpoenas, and continued practice with suspended license results in revocation
88-001224  GULF COAST HOSPITAL vs. LAKEVIEW CENTER, INC.  (1988)
Division of Administrative Hearings, Florida Latest Update: Jun. 01, 1989
The issue presented for consideration is whether certificate of need (CON) 5260 should be issued to Lakeview Center for construction of a specialty hospital to operate a 24 bed intensive residential treatment program in Escambia County. A second issue is whether the Petitioner has standing to challenge the proposed award of the CON.Evidence sufficient to show need for Intensive Resident Treatment Program for adolescents and that applicant's proposal is feasible
88-002032  BOARD OF OPTOMETRY vs. R. TIMOTHY CARTER  (1988)
Division of Administrative Hearings, Florida Latest Update: Mar. 08, 1989
License subject to discipline for failure to timely refer patient with ocular emergency to specialist.
88-003019  HEALTH QUEST CORPORATION IV, HEALTH QUEST CORPORATION AND FEDERAL PROPERTY MANAGEMENT CORPORATION. vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1988)
Division of Administrative Hearings, Florida Latest Update: Dec. 09, 1988
At issue in this proceeding is whether certificate of need number 2450 held by petitioner, Health Quest Corporation IV, a wholly owned subsidiary of Health Quest Corporation, terminated on April 17, 1988, because of Health Quest's failure to commence construction as required by Section 381.710, Florida Statutes. At hearing, petitioners called Richard Focke and Daniel Bivins as witnesses, and their exhibits 1, 2A, 2B, 3, 4, 5A, 5B, 6, 7A-C, and 8-12 were received into evidence. Respondent called Wayne McDaniel as a witness, and its exhibit 1 was received into evidence. The transcript of hearing was filed November 14, 1988, and the parties were granted 10 days within which to file proposed findings of fact. The parties' proposed findings have been addressed in the appendix to this recommended order.Recommend cancellation of certificate of need because of owner's failure to commence construction as required by statute.
87-004351  BOARD OF MEDICINE vs. JOYA L. SCHOEN  (1987)
Division of Administrative Hearings, Florida Latest Update: Nov. 26, 1988
Administrative complaint dismissed because course of treatment prescribed by respondent was not intrinsically harmful and mode of treatment was acceptable.
86-000842  BOARD OF MEDICAL EXAMINERS vs. PAUL D. FRENCH  (1986)
Division of Administrative Hearings, Florida Latest Update: Nov. 10, 1988
Physician violated statutes by having Alabama license revoked and being impaired by reason of drugs and alcohol.
88-003553  VILLAGE PROPERTIES, INC., AND FLORIDA HEALTH FACILITIES CORPORATION (OF INDIAN RIVER COUNTY) vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1988)
Division of Administrative Hearings, Florida Latest Update: Oct. 06, 1988
At issue in this proceeding is whether respondent properly refused to accept petitioners' application for a certificate of need because it failed to include documentation that the notice of filing had been published in the applicable subdistrict. At hearing, petitioners' exhibit 1, the deposition of Jerry W. Voyna, was received into evidence. Respondent offered the testimony of Sharon Gordon-Girvin, and its exhibit 1 was received into evidence. The transcript of hearing was filed September 19, 1988, and the parties were granted leave until September 29, 1988, to file proposed findings of fact. The parties' proposed findings have been addressed in the appendix to this recommended order.HRS failed to identify for applicant how its application was incomplete and offer it opportunity to complete error where applicant could have complied.

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