Whether the Respondent discriminated against the Petitioner on the basis of national origin, in violation of the Florida Civil Rights Act of 1994, Section 760.10(1), Florida Statutes (2005).1Petitioner failed to prove an unlawful employment practice. She did not produce evidence to establish that the Respondent`s legitimate, non-discriminatory reasons for failing to give her a raise were pretextual.

Whether the Petitioner timely filed her Petition for Relief from an Unlawful Employment Practice with the Florida Commission on Human Relations ("Commission").Petitioner filed a Petition for Relief from an Unlawful Employment Practice 36 days after the date of the Right to Sue letter send by the Florida Commission on Human Relations. The Petition for Relief was filed untimely and should be dismissed.

Whether a letter of the Department of Health dated January 15, 2002, violates Section 120.54(1)(a), Florida Statutes?Agency statement in letter constitutes agency action. It is not an umpromulgated rule in violation of Section 120.54(1)(a), Florida Statutes.

Whether the designated portion of the letter dated December 23, 1997, from Paul Stanley to Michael Robinson is an unpromulgated rule in violation of Section 120.54(1)(a), Florida Statutes. If so, whether Petitioner (the District) is substantially affected by the alleged agency statement within the meaning of Section 120.56(4), Florida Statutes.Challenged statement did not meet definition of a rule.

The issue is whether Respondent Agency for Health Care Administration properly denied Petitioner Bert Fish Medical Center, Inc.'s application for a certificate of need to establish an adult kidney transplant program at its existing hospital located in Volusia County.Petitioner's application for adult kidney transplant program demonstrates compliance with statutory and rule criteria.

The amount of attorneys fees and costs, if any, that should be awarded Petitioners pursuant to the Final Order issued on March 4, 1997, in Division of Administrative Hearings Case No. 96-1418RU, et al., finding Petitioners entitled to attorneys fees and costs pursuant to the provisions of Section 120.595, Florida Statutes (Supp. 1996) and retaining jurisdiction to determine the "reasonable amounts" of such fees and costs

The issues for determination in this case are: 1) whether Respondent, the Agency for Health Care Administration has made a nonrule policy statement which constitutes a “rule” as defined in Section 120.52(15), Florida Statutes, which in substance states that a hospital, licensed as a general hospital as defined in Section 395.002(10), Florida Statutes, may use the term “children’s hospital” and otherwise hold itself out and advertise as a “children’s hospital” without obtaining a license as a specialty hospital for children as defined in Section 395.002(27), Florida Statutes, and Rule 59A-3.02, Florida Administrative Code; 2) whether such agency policy statement, if made, constitutes a “rule” as defined in Section 120.52(15), Florida Statutes; 3) whether such agency policy statement, if made, has been adopted by rule as provided for in Section 120.54, Florida Statutes; and, 4) whether such agency policy statement, if made, constitutes an invalid exercise of delegated legislative authority as defined in Section 120.52(8), Florida Statutes.AHCA not required to adopt rule restricting advertisement of children's hospitals.

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.