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  5. FLORIDA SENIOR LIVING ASSOCIATION, INC. vs DEPARTMENT OF ELDER AFFAIRS, 18-002340RX (2018)

FLORIDA SENIOR LIVING ASSOCIATION, INC. vs DEPARTMENT OF ELDER AFFAIRS, 18-002340RX (2018)

Court: Division of Administrative Hearings, Florida Number: 18-002340RX Visitors: 27
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 10, 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
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18002340Mandate

M A N D A T E

from

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

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.


June 19, 2020


State of Florida, Department of Elder Affairs v.

Florida Senior Living Association, Inc. and Florida Assisted Living Association, Inc.


DCA Case No.: 1D18-4140

Lower Tribunal Case No.: 18-2340RX, 18-2212RP, 18-2228RP


gl

Mandate and opinion to: Claudia Llado, Clerk cc: (without attached opinion)

Amy W. Schrader Jeanne B. Curtin Kenneth G. Oertel

M. Christopher Bryant


Francis Albert Carbone II, GC John F. Gilroy, III

Lauren D. Brooks


Docket for Case No: 18-002340RX
Issue Date Proceedings
Oct. 13, 2020 Order Severing Case and Closing Files. CASE CLOSED.
Oct. 06, 2020 Joint Motion for Continuance and Abeyance (filed in Case No. 18-002228RP).
Oct. 05, 2020 Notice of Mediation (filed in Case No. 18-002228RP).
Oct. 05, 2020 Notice of Appearance (Michael Hardy; filed in Case No. 18-002228RP).
Oct. 05, 2020 Petitioner Florida Senior Living Association, Inc.'s Notice to the Court regarding November 9, 2020 Hearing filed.
Oct. 02, 2020 Notice of Hearing by Zoom Conference (hearing set for November 9, 2020; 9:00 a.m., Eastern Time; Tallahassee).
Oct. 02, 2020 Order Reopening File. CASE REOPENED.
Jun. 19, 2020 Mandate filed.
May 29, 2020 Opinion filed.
Dec. 03, 2018 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Nov. 08, 2018 Invoice for the record on appeal mailed.
Nov. 08, 2018 Index (of the Record) sent to the parties of record.
Oct. 08, 2018 Respondent/Appellant's Directions to Clerk filed.
Oct. 02, 2018 Petitioner Florida Assisted Living Association, Inc.'s Motion for Attorney's Fees (filed in Case No. 18-002228RP). DOAH CASE NO 18-5275F and DOAH CASE NO. 18-5277F ESTABLISHED
Sep. 28, 2018 Acknowledgment of New Case, First DCA Case No. 1D18-4140 filed.
Sep. 28, 2018 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Sep. 28, 2018 Respondent Department of Elder Affairs' Notice of Appeal filed.
Sep. 28, 2018 Notice of Appearance (M. Bryant) filed.
Sep. 24, 2018 Respondent Department of Elder Affairs? Initial Response to Petitioner Florida Senior Living Association, Inc.?s Motion for Attorney?s Fees filed.
Sep. 17, 2018 Petitioner Florida Senior Living Association, Inc.'s Motion for Attorney's Fees filed.
Aug. 30, 2018 Final Order (hearing held June 1 and 4, 2018). CASE CLOSED.
Aug. 30, 2018 Final Order (hearing held June 1 and 4, 2018). CASE CLOSED.
Jul. 24, 2018 Respondent's Memorandum of Law in Support of Motion for Attorney's Fees Pursuant to Section 120.595(2), Florida Statutes filed.
Jul. 24, 2018 Proposed Final Order of Respondent Department of Elder Affairs filed.
Jul. 24, 2018 Petitioner Florida Assisted Living Association, Inc.'s Proposed Final Order filed.
Jul. 10, 2018 Order Granting Extension of Time.
Jul. 10, 2018 Joint Motion for Extension of Time to File Proposed Final Orders filed.
Jul. 09, 2018 Notice of Filing Transcript. (Corrected)
Jul. 09, 2018 Corrected Transcript of Proceedings Volumes IV-V (not available for viewing) filed.
Jun. 27, 2018 Notice of Filing Transcript.
Jun. 27, 2018 Transcript of Proceedings Volumes I-V (not available for viewing) filed.
Jun. 12, 2018 Order Granting Extension of Time.
Jun. 12, 2018 Respondent's Unopposed Motion for Extension of Time for All Parties to Submit Proposed Recommended Orders filed.
Jun. 04, 2018 Item Officially Noticed during Hearing Today.
Jun. 01, 2018 CASE STATUS: Hearing Held.
Jun. 01, 2018 CASE STATUS: Hearing Partially Held; continued to date not certain.
May 31, 2018 Order Allowing Testimony by Telephone.
May 30, 2018 Joint Pre-hearing Stipulation filed.
May 30, 2018 Petitioner's Unopposed Motion to Allow Telephonic Testimony at Final Hearing filed.
May 30, 2018 Petitioner Florida Assisted Living Association's Response to Department of Elder Affairs First Request for Production of Documents filed.
May 29, 2018 Petitioner Florida Senior Living Association, Inc.'s Response to Respondent's First Request for Production filed.
May 29, 2018 Cross Notice of Taking Deposition Duces Tecum (Catherine Anne Avery) filed.
May 29, 2018 Notice of Taking Deposition Duces Tecum (George MacDonald) filed.
May 25, 2018 Respondent, Department of Elder Affairs? Notice of Taking Telephonic Deposition Duces Tecum of Waleed Elyaman filed.
May 25, 2018 Amended Notice of Hearing (hearing set for June 1 and 4, 2018; 9:00 a.m.; Tallahassee, FL; amended as to hearing dates).
May 24, 2018 Department of Elder Affairs' First Request for Production of Documents to Florida Assisted Living Association, Inc., filed.
May 24, 2018 Respondent, Department of Elder Affairs? Notice of Taking Deposition Duces Tecum of Tina Keating filed.
May 24, 2018 Respondent, Department of Elder Affairs? Notice of Taking Telephonic Deposition Duces Tecum of Dawn Platt filed.
May 23, 2018 Notice of Taking Telephonic Deposition Duces Tecum filed.
May 23, 2018 Petitioner's Response in Opposition to Respondent's Motion for Attorneys' Fees filed.
May 23, 2018 Department of Elder Affairs' First Request for Production of Documents to Florida Senior Living Association, Inc. filed.
May 22, 2018 Notice of Service of Petitioner's Unverified Answers to Department of Elder Affairs' First Set of Interrogatories filed.
May 22, 2018 Petitioner Florida Senior Living Association, Inc.'s Notice of Service of Unverified Answers to Respondent's First Set of Interrogatories (18-2212RP) filed.
May 22, 2018 Petitioner Florida Senior Living Association, Inc.'s Notice of Service of Unverified Answers to Respondent's First Set of Interrogatories (18-2340RX) filed.
May 22, 2018 Order Offering Additional Hearing Dates.
May 22, 2018 Order Granting Motion to Withdraw as Counsel for Petitioner.
May 21, 2018 Petitioner, Florida Senior Living Association, Inc.'s Motion for Continuance to Extend Hearing Date filed.
May 21, 2018 Motion to Withdraw as Counsel (Shaddrick A. Haston) filed.
May 21, 2018 Department of Elder Affairs' Notice of Service of Answers to Florida Senior Living Association, Inc.'s First Set of Interrogatories filed.
May 21, 2018 Notice of Taking Depositions Duces Tecum filed.
May 21, 2018 Respondent, Department of Elder Affairs' Notice of Taking Deposition Duces Tecum of Florida Assisted Living Association, Inc.s Corporate Representative filed.
May 21, 2018 Respondent, Department of Elder Affairs' Notice of Taking Deposition Duces Tecum of Susan Anderson filed.
May 18, 2018 Superseding Order Denying Motion to Dismiss.
May 17, 2018 Respondent, Department of Elder Affairs? Notice of Service of First Set of Interrogatories to Petitioner, Florida Assisted Living Association, Inc. (DOAH Case No. 18-2228) filed.
May 17, 2018 Respondent, Department of Elder Affairs? Notice of Service of First Set of Interrogatories to Petitioner, Florida Senior Living Association, Inc. (DOAH Case No. 18-2340RX) filed.
May 17, 2018 Respondent, Department of Elder Affairs? Notice of Service of First Set of Interrogatories to Petitioner, Florida Senior Living Association, Inc. (DOAH Case No. 18-2212RP) filed.
May 17, 2018 Respondent's Response to Petitioner Florida Senior Living Association, Inc.?s First Request for Production filed.
May 17, 2018 Department of Elder Affairs' Motion for Attorneys' Fees Pursuant to Section 120.595(2), Florida Statutes filed.
May 16, 2018 Petitioner's Notice of Service of First Set of Interrogatories to Respondent Department of Elder Affairs filed.
May 16, 2018 Petitioner's First Request for Production of Documents from Respondent Department of Elder Affairs filed.
May 15, 2018 Department of Elder Affairs' Motion to Clarify Order Denying Motion to Dismiss filed.
May 15, 2018 Order Denying Motion to Dismiss.
May 15, 2018 Order of Consolidation (DOAH Case Nos. 18-2228RP).
May 14, 2018 Department of Elder Affairs' Motion to Dismiss filed.
May 14, 2018 Order of Consolidation (DOAH Case Nos. 18-2212RP, 18-2340RX).
May 14, 2018 Notice of Appearance (Kenneth Oertel) filed.
May 11, 2018 Order of Assignment.
May 11, 2018 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
May 10, 2018 Petition Seeking an Administrative Determination of the Invalidity of Rules 58A-5.0131, 58A-5.0181, 58A-5.0182, 58A-5.0185, 58A-5.0191, and 58A-5.031, Florida Administrative Code filed.

Orders for Case No: 18-002340RX
Issue Date Document Summary
Jun. 19, 2020 Mandate
May 29, 2020 Opinion
Aug. 30, 2018 DOAH Final Order Parts of these rules, including Form 1823, invalid exercises of delegated legislative authority.
Source:  Florida - Division of Administrative Hearings
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Cites
Florida Laws (29)
Florida Administrative Code (10)
DOAH Case (3)
Authorities (15)
Cited By (18)
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