Whether information Petitioner provided on pages 36-39 of its SOQ should be considered by the Respondent and, if considered, whether Petitioner should be included in the group of firms within the competitive range?Petitioner was found to be within competitive group because the agency should have considered information outside their prescribed page limit.

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.

Water management district should issue conceptual approval of Management and Storage of Surface Water permit and issue Consumptive Use Permit where land developer has met all rule-based and statutory criteria.

Whether HRS should grant Memorial's application for a certificate of need authorizing Memorial to use up to 15 of its already licensed hospital beds as intermediate care beds or as acute care beds, as the hospital administration elects from day to day?Application for Certificate Of Need for "swing" beds usable either for acute care hospital purposes or for skilled nursing home purposes should be denied.

Development of Regional Imapct (DRI) approved. Ownership of land was not required. Only need potential to acquire land. Petroleum storage/terminal was consistent with state/local plans.

Department of Health and Rehabilitative Services (DHRS) failed to justify non-rule policy that lithotripters be located only in metropolitan areas. Certificate of Need (CON) issued.

Recommend not granting after-the-fact permit for dredge/fill project which damages environment. Require Petitioner to return area to natural state.

Set aside permit to fill in land by a lake that had receded; did not establish the ordinary high water mark was below fill line. Deny Petitioner`s request.

This cause came on for final hearing on the Petition For Administrative Determination of a Rule filed by Petitioners, The Sound Transportation Planning Coalition and The Florida Lung Association. Petitioners challenge the repeal by Respondent, Department of Environmental Regulation, of Rule 17-2.04(8), Florida Administrative Code. APPEARANCES For Petitioner Stephen Lindsey Gorman, Esquire Sound Transportation Post Office Box 10064Respondent had no economic impact statement and gave no notice of repeal of rule. This is invalid exercise of delegated legislative authority.

Property owners challenged placement of landfill on their key; only feasible alternative. Recommend granting the permit for landfill.