Whether the evidence presented by Sarasota Doctors Hospital, Inc., d/b/a Doctors Hospital of Sarasota, established its entitlement to approval of Certificate of Need Application No. 9320 for the addition of 21 acute care beds.Need for additional acute care beds demonstrated by seasonal demand, inappropriateness of use of special units, emergency room admissions and availability of beds to convert to use at low cost.

Whether the Agency for Health Care Administration should approve or deny Certificate of Need Application No. 7973, Holy Cross Hospital’s application for conversion and delicensure of 34 acute care beds in order to establish a 24-bed hospital-based skilled nursing unit? Whether the Agency for Health Care Administration should approve or deny Certificate of Need Application No. 7976, Northwest’s application to establish a 13 bed hospital-based skilled nursing unit through the conversion of 13 acute care beds and the concurrent delicensure of an additional five acute care beds?Special circumstances in Broward County call for award of skilled nursing beds to two hospitals.

As to Case 95-3362RX: 1. Whether the portion of School Board Rule 6Gx13-3C-1.08 pertaining to vendors who have defaulted on contracts for commodities is an invalid exercise of delegated legislative authority. 2. Whether the instructions to bidders issued by the School Board as part of its invitation to bid on commodities constitute inadequate, unpromulgated rules. As to Case 95-4834Rx: Whether an amendment to School Board Rule 6Gx13-3C-1.08 (adopted July 12, 1995) that purports to disqualify as bidders for 14 months the principals of defaulted vendors is an invalid exercise of delegated legislative authority.Challenged rules found to be valid. Portions of instructions to bidders are unpromulgated rules.

The issue is whether proposed rules 590-2.002, 590-3.003, 590-5.001, 590- 5.002, 590-5.006, 590-9.002, 590-9.004, 590-10.004 and 590-13.006 are an invalid exercise of delegated legislative authority.Board exceeded rulemaking authority in adopting amendments, and rules were abitrary and capricious.

The central issue in this case is whether the Respondent committed the violations alleged in the administrative complaint dated May 1, 1995; and, if so, what penalty should be imposed.Trainer who owes owner for return of horse ineligible for license.

This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations that the Respondent has violated Section 550.105(6), Florida Statutes and Rule 61D-1.006(3)(a)2, Florida Administrative Code, by having unpaid financial obligations that directly relate to racing being conducted at a pari-mutual facility within this state.Evidence was insufficient to show that licensee was responsible for debts of corporation.

Whether Respondent, a pari-mutuel wagering occupational licensing holder, committed the offenses alleged in the Administrative Complaint and, if so, the penalty that should be imposed.Licensee failed to pay debt related to racing at a pari-mutuel facility. Revocation with leave to reapply recommended.

Whether Petitioner, Thomas W. Talmadge, has standing to bring this rule challenge. Whether the statements identified in the petition filed by Thomas W. Talmadge constitute an unpromulgated rule and an invalid exercise of delegated legislative authority.Agency statements are not rules. Petitioner lacks standing.

The issue for resolution in these consolidated cases is whether the Agency for Health Care Administration (AHCA)'s proposed rules 59A-3.203(2)(e), (2)(i), and (6) (proposed rules) constitute an invalid exercise of delegated legislative authority. By stipulation, the petitioners have standing as substantially affected parties.Proposed rules that add requirements not in stat. are invalid. Hospitals may seek a single license for separate premises.

On August 6, 1993, the Agency for Health Care Administration (AHCA or Agency) published a Notice of Adult Open Heart Surgery Program Fixed Need Pool in the Florida Administrative Weekly, Vol. 19, No. 31. The Agency projected need for one additional adult open heart surgery (OHS) program in District X for the January 1996 planning horizon. District X consists entirely of Broward County, Florida. Five hospitals in Broward County, including Petitioner Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center (Westside), timely filed Letters of Intent and submitted Certificate of Need (CON) applications seeking to establish an adult OHS program at their respective facilities. The Agency assigned CON Action No. 7455 to Westside's CON application. On January 21, 1994, AHCA published in the Florida Administrative Weekly, Vol. 20, No. 3, notice of its intent to preliminarily deny all CON applications for an adult OHS program in District X. Four of the five applicants timely filed petitions to challenge AHCA's decision, including Cleveland Clinic Florida Hospital d/b/a Cleveland Clinic Hospital (Cleveland Clinic) (DOAH Case No. 94- 1019), Westside (DOAH Case No. 94-1020), North Broward Hospital District d/b/a North Broward Medical Center (NBMC) (DOAH Case No. 94-1022), and Plantation General Hospital, L.P. (DOAH Case No. 94-1023).Petitioner did not prove that there was a need for another open heart surgery program in District X. Petitioner's proposal did not meet statutory and rule criteria.