212 So. 2d 365 (1968) TAMIAMI TRIAL TOURS, INC., Appellant, v. GREYHOUND LINES, INC., SOUTHERN GREYHOUND LINES DIVISION, a California Corporation, Appellee. No. 1719. District Court of Appeal of Florida. Fourth District. June 27, 1968. Rehearing Denied August 9, 1968. *366 James E. Wharton and Bruce C. Starling of Akerman, Senterfitt, Eidson, Mesmer, Robbinson & Wharton, Orlando, for appellant. John H. Wilbur and Wayne K. Ramsay of Milam, Ramsay, Martin & Ade, Jacksonville, for appellee. WALDEN, ..

Whether Cleveland Clinic Florida Hospital's application for a Certificate of Need to operate an adult inpatient cardiac catheterization program in AHCA District 10 should be granted or denied by the Agency for Health Care Administration?Cleveland Clinic's application for Certificate of Need inpatient cardiac catheter in Broward County should be granted even though there is no pure need based on capacity.

Whether the Department of Health and Rehabilitative Services should issue certificates of need, in District 11, for the addition of 33 comprehensive medical rehabilitation beds to West Gables Rehabilitation Hospital, and/or for the establishment of a 45-bed comprehensive medical rehabilitation hospital to HealthSouth Rehabilitation Corporation.Conversion from skilled nursing facility to comprehensive medical rehabilitation beds when skilled nursing facility already provided rehab services; need from not normal payor trends, and demand for accredited brain program.

The issue presented is whether Petitioner's application for Certificate of Need No. 6932 for the addition of 20 comprehensive medical rehabilitation beds in District V should be approved.Executed Stipulated Settlement dated August 18, 1993 was accepted.

The issue in these consolidated cases is whether proposed amendments to Rule 10-5.039, F.A.C., relating to certificates of need (CON) for hospital inpatient comprehensive medical rehabilitation (CMR) services, are invalid exercises of delegated legislative authority, as defined in Section 120.52(8), F.S. An ancillary issue raised by Intervenor, Healthsouth, is whether an intervenor may challenge portions of a proposed rule not specifically identified by an original petitioner. In a prehearing stipulation filed on December 6, 1991, the parties stipulated that the following subsections of the proposed amendments remained at issue: Subsection (2)(b): definition of charity care; Subsection (2)(k): definition of specialty bed; Subsection (5)(c): CMR bed need methodology; Subsection (5)(d): existing CMR bed occupancy threshold; Subsection (5)(e): existing provider expansion (at issue from perspective of whether proposed amendment unreasonably restricts expansion of existing CMR providers); Subsection (5)(f)2: conversion of acute care beds for CMR expansion; Subsection (5)(g): priority considerations for CON review; Subsection (10): required utilization reports; and Subsection (11): applicability of amendments. Also remaining at issue was the sufficiency of the economic impact statement. The validity of the following additional provisions were raised only by intervenors, Continental Medical Systems of Florida, Inc. or Healthsouth: Subsection (3)(c): 60-bed minimum unit size for freestanding facilities; Subsection (5)(e): existing provider expansion (from perspective of whether proposed amendment unreasonably allows expansion of existing providers); and Subsection (7)(b): CARF accreditation.Proposed Comprehensive Medical Rehabilitation Certificate Of Need rules valid and needed to meet current conditions in med rehab service delivery. Issues by Intervenor not timely raised.