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  5. BAYFRONT MEDICAL CENTER, INC. vs DEPARTMENT OF HEALTH, 11-002602RX (2011)

BAYFRONT MEDICAL CENTER, INC. vs DEPARTMENT OF HEALTH, 11-002602RX (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002602RX Visitors: 28
Petitioner: BAYFRONT MEDICAL CENTER, INC.
Respondent: DEPARTMENT OF HEALTH
Judges: W. DAVID WATKINS
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: May 23, 2011
Status: Closed
DOAH Final Order on Friday, September 23, 2011.
Latest Update: Jun. 20, 2013
Summary: Whether Florida Administrative Code Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.
11002602Mandate

DISTRICT COURT OF APPEAL FIRST DISTRICT

STATE OF FLORIDA TALLAHASSEE, FLORIDA 32399-0950

(850) 488-6151


JON S. WHEELER CLERK OF THE COURT

(850) 488-6151


February 18, 2013


Claudia Llado, Clerk DOAH

1230 Aplachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: HCA Health Services of Florida, etc. et al.

v. Bayfront Medical Center, Inc.; et al.


Docket No.: 1D11-5680

Lower Tribunal Case No: 11-2602RX 11-2603RX

11-2746RX

11-2796RX


Dear Ms. Llado,


I have been directed by the court to issue the attached mandate in the above-styled cause. It is enclosed with a certified copy of this Court’s opinion.


Yours truly,

Jon S. Wheeler Clerk of the Court


JSW/jm Enclosures

c: (letter and mandate only)


Karen A.Putnal Stephen A.Ecenia Donna E.Blanton

Michael T.Flury, A.A.G.

Robert A.Weiss J.Stephen Menton Seann M.Frazier Angela D.Miles

Thomas Barnhart, A.A.G. Jeffrey L.Frehn

M.Hope Keating Nicholas Romanello


M A N D A T E

From


DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To the Honorable David Watkins, Administrative Law Judge, Division Of Administrative Hearings

WHEREAS, in the certain cause filed in this Court styled:


HCA HEALTH SERVICES OF FLORIDA, ETC. ET AL.

Case No : 1D11-5680


v. Lower Tribunal Case No : 11-2602RX

11-2603RX

11-2746RX

11-2796RX


BAYFRONT MEDICAL CENTER, INC.; ET AL.


The attached opinion was issued on November 30, 2012.


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in


accordance with said opinion, the rules of Court, and the laws of the State of Florida.


WITNESS the Honorable Robert T. Benton, II, Chief Judge


of the District Court of Appeal of Florida, First District,


and the Seal of said Court done at Tallahassee, Florida, on this 18th day of February 2013.



Docket for Case No: 11-002602RX
Issue Date Proceedings
Jun. 20, 2013 Transmittal letter from Claudia Llado forwarding records to the agency.
May 03, 2013 Letter to Judge Watkins from L. Bernaski regarding reconsidering your position on proposed Shands Hospital filed (Medical Records filed; not available for viewing).
Feb. 18, 2013 Mandate (for 1D11-5676) filed.
Feb. 18, 2013 Mandate (for 1D11-5680) filed.
Dec. 03, 2012 Opinion (for 1D11-5676) filed.
Dec. 03, 2012 Opinion (for 1D11-5680) filed.
Feb. 06, 2012 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Jan. 18, 2012 Amended Index (of the Record) sent to the parties of record.
Jan. 18, 2012 BY ORDER OF THE COURT: The motions filed January 10, 2012, are granted and the above cases are consolidated for travel filed.
Jan. 10, 2012 BY ORDER OF THE COURT: Apellee/cross-appellant Shands Jacksonville's motion to expedite is granted, Appellant Department of Health motion for an extension os time to file the initial brief is granted filed.
Jan. 05, 2012 BY ORDER OF THE COURT: Appellants' motion for extension of time is granted; Appelle's motion to expedite is granted filed.
Nov. 15, 2011 Directions to Clerk (filed in Case No. 11-002796RX).
Nov. 02, 2011 Index (of the Record) sent to the parties of record.
Nov. 02, 2011 Invoice for the record on appeal mailed.
Oct. 28, 2011 Friend of the Court Filing filed.
Oct. 27, 2011 Notice of Cross-Appeal filed.
Oct. 27, 2011 Directions to Clerk filed.
Oct. 26, 2011 Notice of Being Served of Final Order of Judge Watkins dated 23rd Sept 2011 filed.
Oct. 24, 2011 Acknowledgment of New Case, First DCA Case No. 1D11-5676 filed.
Oct. 24, 2011 Acknowledgment of New Case, First DCA Case No. 1D11-5680 filed.
Oct. 20, 2011 Notice of Appeal filed and Certified copy sent to the 1st District Court of Appeal this date.
Oct. 20, 2011 Notice of Administrative Appeal filed.
Oct. 20, 2011 Notice of Appeal filed.
Sep. 23, 2011 Final Order (hearing held June 27 through 30 and July 7, 2011). CASE CLOSED.
Aug. 23, 2011 Appendix to the Laws of Florida and 1982 Trauma Statute Cited in the Tampa General and Bayfront Proposed Final Order filed.
Aug. 15, 2011 Order Granting Motion to Strike Post-hearing Letter.
Aug. 12, 2011 CASE STATUS: Motion Hearing Held.
Aug. 11, 2011 The Tampa General and Bayfront Proposed Final Order filed.
Aug. 11, 2011 Notice of Filing (Intervenor's Proposed Final Order) filed.
Aug. 11, 2011 Shands Jacksonville Medical Center, Inc.'s Proposed Final Order filed.
Aug. 11, 2011 St. Joseph's Hospital, Inc.'s Proposed Final Order filed.
Aug. 11, 2011 Respondent's Proposed Final Order filed.
Aug. 10, 2011 Notice of Filing Deposition Transcript and Deposition Exhibits of Cathy Yoder filed.
Aug. 10, 2011 Deposition of Cathy Yoder (SJH Ex. 3) filed.
Aug. 09, 2011 Order (granting Amended Unopposed Motion to Establish Date for filing Proposed Final Orders).
Aug. 08, 2011 Amended Unopposed Motion to Establish Date for Filing Proposed Final Orders filed.
Aug. 08, 2011 Unopposed Motion to Establish Date for Filing Proposed Final Orders filed.
Aug. 04, 2011 Intervenor's Motion to Strike Post-hearing Letter filed.
Aug. 04, 2011 Notice of Ex-parte Communication.
Aug. 02, 2011 Letter to Judge Watkins from B. Edington regarding blake medical center filed.
Jul. 26, 2011 Transcript of Proceedings (volume I-X) filed.
Jul. 20, 2011 Order Granting Expansion of Page Limit.
Jul. 11, 2011 Bayfront's and Tampa General's Motion for Expansion of Page Limit for Proposed Final Order filed.
Jul. 08, 2011 Shands Jacksonville Medical Center, Inc.'s Response to Respondent's Motion for Section 120.595 Attorneys' Fees filed.
Jul. 08, 2011 Bayfront and Tampa General's Response in Opposition to Respondent's Motion for Attorney's Fees filed.
Jul. 07, 2011 Shands Jacksonville Medical Center, Inc.'s Response to Intervenors' Motion for Section 120.595 Attorneys' Fees filed.
Jul. 07, 2011 Bayfront's and Tampa General's Response in Opposition to Intervenors' Motion for Attorney's Fees and Costs Purusuant to Section 120.595 filed.
Jul. 07, 2011 Petitioner St. Joseph's Hospital's Response to Intervenors' and Respondent's Motions for Fees and Costs Pursuant to Section 120.595, Florida Statues (filed in Case No. 11-002746RX).
Jul. 01, 2011 Respondent's Motion for Attorney's Fees Under Section 120.595(2), Florida Statutes filed.
Jun. 27, 2011 CASE STATUS: Hearing Held.
Jun. 27, 2011 Intervenors' Motion for Attorneys' Fees and Costs Against Petitioners Pursuant to Section 120.595 filed.
Jun. 27, 2011 Respondent's Unilateral Pre-Hearing Statement filed.
Jun. 27, 2011 Shands Jacksonville Medical Center, Inc.'s Request for Official Recognition filed.
Jun. 27, 2011 Shands Jacksonville Medical Center, Inc.'s Pre-hearing Statement filed.
Jun. 27, 2011 Bayfront's and Tampa General's Pre-hearing Statement filed.
Jun. 27, 2011 Intervenors' Unilateral Prehearing Statement filed.
Jun. 24, 2011 Order Denying Motion to Bifurcate, or in the Alternative, to Continue Hearing.
Jun. 24, 2011 Notice of Filing Excerpts from Depostions.
Jun. 24, 2011 Shands Jacksonville Medical Center, Inc.'s Joinder to Bayfront's and Tampa General's Response in Opposition to Intervenors' Motion in Limine filed.
Jun. 24, 2011 Shands Jacksonville Medical Center, Inc.'s Joinder to Bayfront's and Tampa General's Responses in Opposition to Intervenors' Motion to Bifurcate or Continue Hearing filed.
Jun. 24, 2011 Shands Jacksonville Medical Center, Inc.'s Joinder to Bayfront's and Tampa General's Responses in Opposition to Motions to Dismiss filed by Respondent and Intervenors filed.
Jun. 24, 2011 Bayfront's and Tampa General's Response in Opposition to Intervenor's Motion in Limine filed.
Jun. 24, 2011 Joinder in Intervenors' Motion to Bifurcate or in the Alternative Renewed Motion for Continuance filed.
Jun. 24, 2011 Bayfront's and Tampa General's Response in Opposition to Intervenors' Motion to Bifurcate or Continue Hearing filed.
Jun. 23, 2011 Bayfront's and Tampa General's Response in Opposition to Respondent's Motion to Dismiss filed.
Jun. 23, 2011 Motion to Bifurcate or in the Alternative to Continue Hearing filed.
Jun. 23, 2011 Bayfront's and Tampa General's Joint Notice of Taking Deposition (of J. Hurst) filed.
Jun. 22, 2011 Bayfront's and Tampa General's Response in Opposition to Intervenors' Motion to Dismiss filed.
Jun. 22, 2011 Bayfront's and Tampa General's Motion for Extension of Time to Respond to Respondent's Motion to Dismiss Rule Challenge Petitions for Lack of Standing filed.
Jun. 22, 2011 Order Granting Extension of Time.
Jun. 22, 2011 Shands Jacksonville Medical Center, Inc.'s Motion for Extension of Time to File Response to Intervenors' Motion to Dismiss filed.
Jun. 22, 2011 Respondent's Response to Petitioner's, Bayfront Medical Center's and Tampa General Hospital's, Second Request to Produce filed.
Jun. 21, 2011 Tampa General's Response to Intervenors' Second Request for Production of Documents filed.
Jun. 21, 2011 Shands Jacksonville Medical Center, Inc.'s Notice of Taking Deposition of Michael S. Nussbaum, M.D., F.A.C.S filed.
Jun. 20, 2011 Respondent's Response to Petitioners, Bayfront Medical Center's and Tampa General Hospital's, Second Request to Produce filed.
Jun. 20, 2011 Bayfront's and Tampa General's Joint Notice of Taking Deposition (of D. Friederich and P. Schleck) filed.
Jun. 20, 2011 Bayfront's and Tampa General's Joint Notice of Taking Deposition (of G. Nelson) filed.
Jun. 20, 2011 St. Joseph's Notice of Service of Answers to Intervenors' First Set of Interrogatories filed.
Jun. 20, 2011 St. Joseph's Response to Intervenors' First Request for Production of Documents filed.
Jun. 20, 2011 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 27 through 30, 2011; 9:00 a.m.; Tallahassee, FL).
Jun. 20, 2011 Notice of Taking Deposition Duces Tecum (Bob Thorton) filed .
Jun. 20, 2011 Shands Jacksonville Medical Center, Inc.'s Cross-notice of Taking Deposition of Susan McDevitt filed.
Jun. 20, 2011 Shands Jacksonville Medical Center, Inc.'s Cross-notice of Continuation of Deposition of Agency Representative filed.
Jun. 20, 2011 Bayfront's and Tampa General's Joint Notice of Continuation of Deposition of Agency Representative filed.
Jun. 20, 2011 Bayfront's and Tampa General's Joint Notice of Taking Deposition (of S. McDevitt) filed.
Jun. 17, 2011 Shands Jacksonville Medical Center, Inc.'s Notice of Serving Responses and Objections to Intervenors' First Interrogatories filed.
Jun. 17, 2011 Shands Jacksonville Medical Center, Inc.'s Responses and Objections to Intervenors' First Request for Production of Documents filed.
Jun. 17, 2011 Motion in Limine filed.
Jun. 16, 2011 Respondent's Motion to Dismiss Rule Challenge Petitions for Lack of Standing filed.
Jun. 16, 2011 Intervenors' Second Request for Production of Documents to Tampa General Hospital filed.
Jun. 16, 2011 Intervenor's Notice of Service of Responses to Bayfront, Tampa General and Shands Jacksonville's Fisrt Set of Interrogatories filed.
Jun. 16, 2011 Intervenors' Response to Bayfront and Tampa General's First Request for Production of Documents filed.
Jun. 15, 2011 Intervenors Motion to Dismiss Rule Challenge Petitions for Lack of Standing filed.
Jun. 15, 2011 Notice of Taking Deposition Duces Tecum (Cathy Yoder, Dr. Mark Vaaler) filed.
Jun. 15, 2011 Notice of Taking Deposition Duces Tecum (Mark Richardson) filed.
Jun. 15, 2011 Notice of Taking Deposition Duces Tecum (Steve Blumberg, Dr. Joseph Tepas) filed.
Jun. 15, 2011 Bayfront's and Tampa General's Second Request for Production of Documents to Respondent Department of Health filed.
Jun. 14, 2011 Notice of Taking Deposition Duces Tecum filed.
Jun. 14, 2011 Respondent's Notice of Serving Answers to Bayfront's and Tampa General's First Set of Interrogatories to Respondent filed.
Jun. 14, 2011 Respondent's Notice of Serving Answers to Shands Jacksonville Medical Center, Inc,'s First Set of Interrogatories to Respondent filed.
Jun. 14, 2011 Respondent's Response to Petitioner, Bayfront Medical Center's and Tampa General Hospital's, Request to Produce filed.
Jun. 13, 2011 Tampa General's Response to Intervenors' First Request for Production of Documents filed.
Jun. 13, 2011 Bayfront's Response to Intervenors' First Request for Production of Documents filed.
Jun. 13, 2011 Tampa General's Notice of Service of Answers to Intervenors' First Set of Interrogatories filed.
Jun. 13, 2011 Bayfront's Notice of Service of Answers to Intervenors' First Set of Interrogatories filed.
Jun. 13, 2011 CASE STATUS: Motion Hearing Held.
Jun. 10, 2011 Joinder Motion for Continuance filed.
Jun. 10, 2011 Bayfront's and Tampa General's Amended Joint Notice of Taking Deposition of Agency Representative filed.
Jun. 10, 2011 Bayfront's and Tampa General's Response in Opposition to Respondent's Motion for Continuance filed.
Jun. 09, 2011 Motion for Continuance filed.
Jun. 09, 2011 Shands Jacksonville Medical Center, Inc.'s Notice of Serving First Interrogatories to Intervenors filed.
Jun. 08, 2011 Intervenors' First Request for Production of Documents to Bayfront Medical Center, Inc. filed.
Jun. 08, 2011 Intervenors' First Request for Production of Documents to Florida Health Sciences Center, Inc. filed.
Jun. 08, 2011 Intervenors' First Request for Production of Documents to St. Joseph's Hospital, Inc filed.
Jun. 08, 2011 Intervenors' First Request for Production of Documents to Shands Jacksonville Medical Center, Inc.filed.
Jun. 08, 2011 Plaintiffs' Notice of Service of First Set of Interrogatories (Nos. 1-13) to Petitioner, Shands Jacksonville Medical Center filed.
Jun. 08, 2011 Plaintiffs' Notice of Service of First Set of Interrogatories (Nos. 1-13) to Petitioner, Florida Health Sciences Center, Inc. filed.
Jun. 08, 2011 Plaintiffs' Notice of Service of First Set of Interrogatories (Nos. 1-13) to Petitioner, St. Joseph's Hospital, Inc. filed.
Jun. 08, 2011 Plaintiffs' Notice of Service of First Set of Interrogatories (Nos. 1-13) to Petitioner, Bayfront Medical Center, Inc filed.
Jun. 08, 2011 Bayfront's and Tampa General's First Request for Production of Documents to Intervenors filed.
Jun. 08, 2011 Bayfront's and Tampa General's First Request for Production of Documents to Respondent Department of Health filed.
Jun. 08, 2011 Notice of Service of First Set of Interrogatories to Intervenors filed.
Jun. 08, 2011 Notice of Service of First Set of Interrogatories to Respondent filed.
Jun. 08, 2011 Notice of Appearance (of T. Barnhart) filed.
Jun. 08, 2011 Bayfront's and Tampa General's Motion for Additional Hearing Dates filed.
Jun. 08, 2011 Order Granting Petition to Intervene (HCA Health Services of Florida, Inc., d/b/a Blake Medical Center and HCA Health Services of Florida, Inc., d/b/a Regional Medical Center Bayonet Point).
Jun. 07, 2011 Shands Jacksonville Medical Center, Inc.'s Cross-Notice of Taking Deposition of Agency Representative filed.
Jun. 07, 2011 Order of Consolidation (DOAH Case Nos. 11-2602RX, 11-2603RX, 11-2746RX, and 11-2796RX).
Jun. 06, 2011 Bayfront's and Tampa General's Joint Notice of Taking Deposition of Agency Representative filed.
Jun. 02, 2011 Order of Pre-hearing Instructions.
Jun. 02, 2011 Notice of Hearing (hearing set for June 22, 2011; 9:30 a.m.; Tallahassee, FL).
Jun. 01, 2011 Order of Consolidation (DOAH Case Nos. 11-2602RX, 11-2603RX, and 11-2746RX).
Jun. 01, 2011 St. Joseph's Motion for Consolidation filed.
May 31, 2011 Petition to Intervene (HCA Health Services of Florida, Inc., d/b/a Blake Medical Center and HCA Health Services of Florida, Inc., d/b/a Regional Medical Center Bayonet Point, filed.
May 27, 2011 Order of Assignment.
May 27, 2011 Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Scott Boyd and the Agency General Counsel.
May 23, 2011 Bayfront's Petition for Determination of Invalidity of Existing Rule filed.

Orders for Case No: 11-002602RX
Issue Date Document Summary
Feb. 18, 2013 Mandate
Feb. 18, 2013 Mandate
Nov. 30, 2012 Opinion
Nov. 30, 2012 Opinion
Sep. 23, 2011 DOAH Final Order Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.
Source:  Florida - Division of Administrative Hearings
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Florida Administrative Code (4)
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