Petitioner: FLORIDA SENIOR LIVING ASSOCIATION, INC.
Respondent: DEPARTMENT OF ELDER AFFAIRS
Judges: ROBERT E. MEALE
Agency: Department of Elder Affairs
Locations: Tallahassee, Florida
Filed: May 02, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 13, 2020.
Latest Update: Dec. 03, 2018
Summary: The issues are whether proposed Florida Administrative Code Rule 58A-5.024(1)(p)1.a., a proposed amendment to Florida Administrative Code Rule 58A-5.024(3)(c), and, as recently amended or created, Florida Administrative Code Rules 58A-5.0131(41), 58A-5.0181(2)(b) (amending AHCA1 Form 1823 (Form 1823)), 58A-5.0182(8)(a) and (8)(a)1., 58A-5.0185(3)(g), 58A-5.0191(3)(a), and 58A-5.031(2)(d)2 are invalid exercises of delegated legislative authority, pursuant to section 120.52(8), Florida Statutes, o
Summary: The issues are whether proposed Florida Administrative Code Rule 58A-5.024(1)(p)1.a., a proposed amendment to Florida Administrative Code Rule 58A-5.024(3)(c), and, as recently amended or created, Florida Administrative Code Rules 58A-5.0131(41), 58A-5.0181(2)(b) (amending AHCA1 Form 1823 (Form 1823)), 58A-5.0182(8)(a) and (8)(a)1., 58A-5.0185(3)(g), 58A-5.0191(3)(a), and 58A-5.031(2)(d)2 are invalid exercises of delegated legislative authority, pursuant to section 120.52(8), Florida Statutes, on the grounds set forth in the Joint Pre-hearing Stipulation filed on May 30, 2018 (Prehearing Stipulation) or such other grounds that were tried by consent.Parts of these rules, including Form 1823, invalid exercises of delegated legislative authority.
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This case having been brought to the Court, and after due consideration the Court having issued its opinion;
YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with the opinion of this Court, and with the rules of procedure, and laws of the State of Florida.
WITNESS the Honorable Stephanie W. Ray, Chief Judge, of the District Court of Appeal of Florida, First District, and the seal of said Court at Tallahassee, Florida, on this day.
State of Florida, Department of Elder Affairs v.
Florida Senior Living Association, Inc. and Florida Assisted Living Association, Inc.
Amy W. Schrader Jeanne B. Curtin Kenneth G. Oertel
M. Christopher Bryant
Francis Albert Carbone II, GC John F. Gilroy, III
Lauren D. Brooks
