STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AZALEA TRACE, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 93-6291
)
AGENCY FOR HEALTH CARE )
ADMINISTRATION; FLORIDA ) CONVALESCENT CENTERS, INC., ) d/b/a PALM GARDEN OF PENSACOLA; ) and WEST FLORIDA REGIONAL )
MEDICAL CENTER, INC., )
)
Respondents. )
)
SUMMARY RECOMMENDED ORDER
On April 21, 1994, a hearing was held on the motion of West Florida Regional Medical Center for Summary Recommended Order Dismissing Azalea Trace before Stephen F. Dean, the duly assigned hearing officer of the Division of Administrative Hearings in Tallahassee, Florida.
APPEARANCES
For Azalea Trace: David Ashburn, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, Florida 32302
For West Florida: Elizabeth McArthur, Esquire
Suite 1000, Monroe-Park Tower
101 North Monroe Street Tallahassee, Florida 32302
For Palm Garden: Gerald B. Sternstein, Esquire
215 South Monroe Street, Suite 815 Tallahassee, Florida 32301
For AHCA: Lesley Mendelson, Esquire
Agency for Health Care Administration
301 Atrium Building
325 John Knox Road Tallahassee, Florida 32303
STATEMENT OF THE ISSUES
West Florida's Motion for Summary Recommended Order Dismissing Azalea Trace (the Motion) has two grounds:
That the letter of intent of Petitioner is fatally flawed because the Executive Committee of Azalea Trace, acting for the Board of Directors, lacked the authority to commit the Petitioner to a project costing in excess of
$250,000 without the approval of Baptist Health Care Corporation.
That the letter of intent of Petitioner is fatally flawed because the Executive Committee filed the letter of intent and appropriate resolution which the Executive Committee had passed on May 17, 1993, but the Board of Directors did not approve the resolution until May 24, 1993.
PRELIMINARY STATEMENT
Azalea Trace filed a Petition for an administrative hearing on the agency's notice to grant certificates of need to Palm Garden and West Florida. Several pre-hearing conferences have been held, and the parties have gone forward with their preparation for hearing. West Florida moved for a summary recommended order dismissing the petition of Azalea Trace because its original application is fatally flawed, and Azalea Trace lacks standing to proceed because it has no substantial interest in the granting of the CON. The motion was heard at a prehearing conference scheduled pursuant to order of the hearing officer to consider pre-hearing matters and to hear any pending motions. Azalea Trace filed a responsive pleading. Argument was heard on the motion from West Florida, with whom Palm Garden joined; and from Azalea Trace with whom AHCA joined. Ruling on the motion was reserved to permit the parties to file any last minute citations to the law, and to permit a through consideration of the pleadings and arguments.
FINDINGS OF FACT
Azalea Trace filed a certificate of need application on May 17, 1993. That application contained the letter of intent accompanied by a certified copy of resolutions of the Executive Committee of the applicant making the required commitments to the proposed project.
Exhibit B to the Motion are the minutes of the Executive Committee of Azalea Trace of May 13, 1993 reflecting that the Executive Committee had approved a resolution to commit Azalea Trace to the proposed CON project consisting of 21 community nursing home beds.
Exhibit D to the Motion are the minutes of the Board of Directors of Azalea Trace of May 24, 1993 reflecting approval by the Board of the Executive Committee's action committing Azalea Trace to the proposed CON project consisting of 21 community nursing home beds.
Exhibit A to the Motion is the Letter of Intent for 21 community nursing home beds filed by Azalea Trace on May 14, 1993. That letter reflects that the costs of the proposed project will not exceed $1,450,000, and reflects that in accordance with the provisions of Section 408.039(2)(c), Florida Statute, the Executive Committee of the Board of Directors of Azalea Trace, Inc., unanimously enacted an authorizing resolution at a meeting held May 13, 1993, a certified copy of said resolution being attached to the Letter of Intent.
Exhibit E to the Motion are the Bylaws of Azalea Trace, Inc. These bylaws reflect that Baptist Health Care Corporation is the sole member of Azalea Trace corporation, and as sole member entitled to all rights and powers provided voting members by the Florida Nonprofit Corporation Law. See Article II, Section 2.1.
Section 2.6, Article II of the bylaws above state that the action of the member shall be executed and delivered to the chairman or president of Azalea Trace in writing, and shall be deemed to have been taken on the dates the written instruments are delivered unless the instruments provide otherwise.
Section 3.2, Article III of the bylaws above state that the board of directors shall be the policy making body of Azalea Trace, and it shall have the power and authority to do and perform all acts or functions not inconsistent with the bylaws or the corporation's articles of incorporation.
Section 5.2, Article V of the bylaws above state that the executive committee from the board shall have all the powers and authority of the board between the meetings of the board, except the power to adopt, amend of repeal the bylaws. It further provides that the minutes of the executive committee shall be maintained and action taken by the executive committee shall be reported to the next meeting of the board.
Section 7.2, Article VII of the bylaws above state that the board may authorize the president or other officers or agents to enter into any contract or purchase order or execute and deliver any instrument in the name of and on behalf of Azalea Trace provided that all contracts or purchase orders which will result in an expenditure by the corporation of an amount in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be approved in advance by the member.
Azalea Trace's application indicates that the contract for the proposed project will be a lump sum contract.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this cause pursuant to Section 120.57(1), and 408.039(5), Florida Statutes.
In order to proceed, the Petitioner must have a substantial interest, and that is dependent upon the facial correctness of its application for a competing certificate of need to those whose approval it challenges.
Subsections 408.039(2)(c), Florida Statutes, require letters of intent and CON applications to be filed with a resolution of the board of directors or some other governing authority of the applicant, if not a corporation, authorizing the filing of the application, authorizing the applicant to incur the expenditures necessary to accomplish the proposed project, certifying that the applicant will accomplish the proposed project within the time allowed by law and at or below the costs stated.
Section 408.039(2)(c) and 408.037(4), Florida Statutes, require both a letter of intent and a CON application to include a certified copy of a resolution by the applicant's board which must contain certain statements and representations, including one "authorizing the applicant to incur the
expenditures necessary to accomplish the proposed project." See Humhosco, Inc., d/b/a Humana Hospital Brandon v. Department of Health and Rehabilitative Services, 561 So.2d 388 (Fla. 1st DCA 1990).
The statements made by the Board must be true. The corporate resolution must be consistent with the facts. See Naples Community Hospital v. Agency of Health Care Administration, 15 FALR 2615, 2616 (Fla. AHCA 1993). In Naples, the agency held that the resolutions were defective and invalid where an applicant had failed to receive approval from its parent corporation in violation of its bylaws, and the agency denied the application. The agency stated that the resolution was inconsistent with the statute because it is inconsistent with what it purports to be. The agency stated that, "CON applicants, through the resolution and certification requirements, must make an actual commitment to a project before applying for a CON." [Emphasis supplied.] See Naples, at 2616. Also see Brookwood-Jackson County Convalescent Center v. Department of Health and Rehabilitative Services, 591 So.2d 1085 (Fla. 1st DCA 1992).
The Petitioner argues correctly that under its bylaws the Executive Corporation was authorized to act for the Board, and that the subsequent approval of the committee's action by the Board after filing the Letter of Intent was nugatory, and the authorization was effective and timely. The bylaws, on their face, grant the Executive Committee authority to exercise all powers of the Board between meetings of the Board.
The Petitioner and AHCA argue that the limitation of Section 7.2 of Petitioner's bylaws is applicable only to contracts and purchase orders in excess of $250,000, and that the Board and Executive Committee acting for the Board may obligate the Petitioner to a project whose estimated cost will be in excess of one million dollars because there are no contracts pending and a contract for more than $250,000 may never be presented within the context of the project.
This argument does not conform to the facts stated in the Petitioner's application which states that the applicant intends to use a lump sum contract. But, more importantly, it overlooks that the filing of the letter of intent is itself a contract between the applicant and the State. The suggested interpretation flies in the face of the legislative intent and the underlying purpose of the statute as addressed by the agency in NME Hospitals, Inc., d/b/a Palms of Pasadena Hospital et al. v. State of Florida, Agency for Health Care Administration and Galencare, Inc. d/b/a Northside Hospital, AHCA 94-43-FOF-CON, dated March 10, 1994.
As the agency held in NME, supra, CON applicants must make an actual commitment to a project before applying for a CON. Under the bylaws, Azalea Trace was required to obtain the prior written approval of Baptist before committing to purchases or contracts requiring the expenditure of more than
$250,000. The Executive Committee was contracting with the State and agreeing that it would do certain things if granted the requested CON, most specifically spend over one million dollars on the proposed facility. The Executive Committee did not have Baptist's approval, and the resolution was invalid because the Executive Committee did not have authority to make the commitment.
Having determined that the application of Petitioner is facially and fatally flawed, the Petitioner has no substantial interest in the proposed agency action, and has no standing to maintain its petition.
Upon the foregoing findings of fact and conclusions of law, it is recommended that a final order be entered dismissing the Petitioner's CON application for lack of jurisdiction.
RECOMMENDED this 29th day of April, 1994, at Tallahassee, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 29th day of April, 1994.
COPIES FURNISHED:
David Ashburn, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, FL 32302
Elizabeth McArthur, Esquire Suite 1000, Monroe-Park Tower Tallahassee, FL 32302
Gerald B. Sternstein, Esquire Suite 815
215 South Monroe Street Tallahassee, FL 32301
Lesley Mendelson, Esquire
Agency for Health Care Administration
301 Atrium Building
325 John Knox Road Tallahassee, FL 32303
Sam Power, Agency Clerk
Agency for Health Care Administration
301 Atrium Building
325 John Knox Road Tallahassee, FL 32303
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
================================================================= AGENCY ORDER REMANDING
=================================================================
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
AZALEA TRACE, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 93-6291
) CON NO. 7315
AGENCY FOR HEALTH CARE )
ADMINISTRATION; FLORIDA ) CONVALESCENT CENTERS, INC., ) d/b/a PALM GARDEN OF PENSACOLA; ) and WEST FLORIDA REGIONAL )
MEDICAL CENTER, INC., )
)
Respondents. )
)
ORDER REMANDING
RULING ON EXCEPTIONS FILED BY AHCA AND AZALIA TRACE, INC. (AZALEA)
The issue is whether Azalea submitted a corporate resolution committing itself to the proposal made in its letter of intent. On its fact the resolution satisfies statutory and rule requirements. In finding Azalea's board lacked authority to commit Azalea, the hearing officer relied on a provision of the corporate bylaws which requires advance approval by Baptist Health Care Corporation (Baptist) of any contract or purchase order which would result in expenditures exceeding $250,000.00. No advance approval was sought by Azalea or given by Baptist.
The estimated cost of Azalea's proposal (addition of nursing home beds) is
$1,450,000.00. Because the board lacked authority to enter into a contract for the estimated cost the hearing officer reasoned that the board's commitment to accomplish the proposal is illusory. Additionally, the hearing officer concluded that Azalea's letter of intent is a contract with the state to
accomplish the proposal. Clearly, the letter of intent is not a contract with the state, but the question of whether Azalea's resolution is legally sufficient to close, and the exceptions and West Florida's response have been carefully considered.
I conclude that there is a distinction between a commitment to accomplish a proposed addition to a health care facility and approval of contracts to accomplish the project. The commitment to accomplish is a planning function; whereas, approval of contracts is a business and financial function,. Put another way, the commitment to accomplish reflects the overall priorities of the applicant for a CON. If the application for a CON is approved by the state, only then can the applicant implement the project by selecting appropriate contractors to accomplish the planned project. (Azalea's resolution satisfies the statutory and rule requirements;) therefore, it is necessary to remand this matter to the Division of Administrative Hearings for comparative review of Azalea's application with other applications in the batch. Having reached this conclusion it is not necessary to rule on other exceptions by Azalia.
FINDINGS OF FACT
The agency hereby adopts and incorporates by reference the findings of fact set forth in the Recommended Order except where inconsistent with the ruling on exceptions.
CONCLUSIONS OF LAW
The agency hereby adopts and incorporates by reference the Conclusions of Law set forth in the Recommended Order except where inconsistent with the ruling on exceptions.
Based on the foregoing, this case is remanded to the Division of Administrative Hearings for comparative review proceedings.
DONE and ORDERED this 19th day of July, 1994, in Tallahassee, Florida
Douglas M. Cook, Director Agency for Health Care
Administration
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF THE NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BYLAW, WITH THE DISTRICT COURT OF APPEAL IN THE HEADQUARTERS OR WHERE A PARTY RESIDES. A REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies Furnished to:
Gerald B. Sternstein, Esquire RUDEN, BARNETT, McCLOSKY,
SMITH, SCHUSTER & RUSSELL, P.A.
215 South Monroe Street, Suite 815 Tallahassee, FL 32301
================================================================= DOAH ORDER REGARDING AGENCY REMAND
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AZALEA TRACE, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 93-6291
)
AGENCY FOR HEALTH CARE )
ADMINISTRATION; FLORIDA ) CONVALESCENT CENTERS, INC., ) d/b/a PALM GARDEN OF PENSACOLA; ) and WEST FLORIDA REGIONAL )
MEDICAL CENTER, INC., )
)
Respondents. )
)
ORDER
The Agency has remanded this case to the Hearing Officer to conduct a formal hearing. The order of remand references generally exceptions which were granted; however, it cannot be determined which exceptions were granted because copies of the exceptions did not accompany the order of remand. Whether the remand should be accepted cannot be determined without reference to the exceptions
DONE AND ORDERED this 8th day of December, 1994, at Tallahassee, Leon County, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 1994.
COPIES FURNISHED:
Gerald B. Sternstein, Esquire Suite 815
215 South Monroe Street Tallahassee, FL 32301
Lesley Mendelson, Esquire
Agency for Health Care Administration
301 Atrium Building
325 John Knox Road Tallahassee, FL 32303
Elizabeth McArthur, Esquire Suite 1000, Monroe-Park Tower Tallahassee, FL 32302
David Ashburn, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, FL 32302
================================================================= NOTICE OF VOLUNTARY DISMISSAL
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AZALEA TRACE, INC.
Petitioner,
vs. CASE NO. 93-6291
AGENCY FOR HEALTH CARE ADMINISTRATION FLORIDA CONVALESCENT CENTERS, INC. d/b/a PALM GARDEN OF PENSACOLA and WEST FLORIDA REGIONAL MEDICAL
CENTER, INC.,
Respondent.
/
NOTICE OF VOLUNTARY DISMISSAL
Petitioner, Azalea Trace, Inc. hereby submits its voluntary dismissal of its Petition in the above-referenced matter.
Respectfully submitted this 30th day of May, 1995.
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A.
101 East College Avenue Post Office Drawer 1838 Tallahassee, Florida 32302 904/222-6891
DAVID C. ASHBURN
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original and one copy of the foregoing has been furnished by Hand Delivery to the Clerk, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550 and a true and copy of same by U.S. Mail to the following this 1st day of June, 1995.
John Radey, Esquire DAVID ASHBURN Elizabeth McArthur, Attorney P.O. Box 1838
Aurell, Radey, Hinkle, Tallahassee, Florida 32302 Thomas & Beranek
101 N. Monroe St., Ste. 1000 Tallahassee, Florida 32301
Gerald B. Sternstein, Esquire Ruden, Barnett, McClosky, Smith,
Schuster & Russell, P.A.
215 S. Monroe St., Ste. 815 Tallahassee, Florida 32301
Lesley Mendelson, Attorney Agency for Health Care
Administration
325 John Knox Road, Room 301 Atrium Building
Tallahassee, Florida 32303
=================================================================
DOAH ORDER CLOSING FILE
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AZALEA TRACE, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 93-6291
)
AGENCY FOR HEALTH CARE )
ADMINISTRATION, FLORIDA ) CONVALESCENT CENTERS, INC. d/b/a ) PALM GARDEN OF PENSACOLA; and ) WEST FLORIDA REGIONAL MEDICAL ) CENTER, INC., )
)
Respondent. )
)
ORDER CLOSING FILE
On June 1, 1995, Petitioner filed a Notice of Voluntary Dismissal in this case. It is, therefore, ORDERED:
1 The hearing scheduled for July 17-28, 1995, is hereby CANCELLED;
The case file of the Division of Administrative Hearings is hereby CLOSED; and
Jurisdiction is relinquished to the referring agency.
DONE and ORDERED this 7th day of June, 1995, in Tallahassee, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 7th day of June, 1995.
COPIES FURNISHED:
David Ashburn, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, Florida 32302
Elizabeth McArthur, Esquire 1000 Monroe-Park Tower
101 North Monroe Street Tallahassee, Florida 32302
Gerald B. Sternstein, Esquire Suite 815
215 South Monroe Street Tallahassee, Florida 32301
Lesley Mendelson, Esquire
Agency for Health Care Administration
301 Atrium Building
325 John Knox Road Tallahassee, Florida 32303
| Issue Date | Proceedings |
|---|---|
| Jun. 07, 1995 | Order Closing File sent out. CASE CLOSED, Petitioners notice of voluntary dismissal. |
| Jun. 01, 1995 | (Petitioner) Notice of Voluntary Dismissal filed. |
| May 03, 1995 | (Florida Convalescent) Notice of Hearing filed. |
| Apr. 28, 1995 | West Florida Regional's Response in Opposition to Florida Convalescent's Motion for Continuance filed. |
| Apr. 26, 1995 | Letter to Parties of Record from SFD sent out. (RE: motion for continuance will not be granted, hearing dates will go forward as scheduled) |
| Apr. 26, 1995 | Florida Convalescent Centers, Inc`s d/b/a Palm Garden of Pensacola Second Request to Produce to Azalea Trace, Inc. filed. |
| Apr. 26, 1995 | Florida Convalescent Centers, Inc`s d/b/a Palm Garden of Pensacola Notice of Service of Interrogatories to Azalea Trace, Inc. filed. |
| Apr. 19, 1995 | Letter to SFD from E. McArthur (RE: request for extension of time to file written response) filed. |
| Apr. 11, 1995 | (Respondent) Motion for Continuance filed. |
| Mar. 27, 1995 | West Florida Regional's Third Request to Azalea Trace for Production of Documents filed. |
| Mar. 14, 1995 | Notice of Hearing and Order sent out. (hearing set for 07/17-28/95;9:00AM;Tallahassee) |
| Jan. 30, 1995 | Florida Convalescent Centers, Inc., d/b/a Palm Gardens of Pensacola`s Concurrence with West Florida Regional`s Reply to Azalea Trace`s Response filed. |
| Jan. 27, 1995 | Letter to Hearing Officer from M. Cherniga re: Hearing dates filed. |
| Jan. 25, 1995 | West Florida Regional's Reply to Azalea Trace's Response Opposing Request to Schedule Final Hearing filed. |
| Jan. 24, 1995 | Azalea Trace, Inc`s Response to Joint Notice of Filing Exceptions And Request for Hearing filed. |
| Jan. 20, 1995 | Joint Notice of Filing Exceptions and Request for Hearing; West Florida Regional`s Response In Opposition to Exceptions; West Florida Regional`s Supplement to Motion for Summary Recommended Order Dismissing Azalea Trace; Azalea Trace, Inc`s Exceptions to |
| Dec. 08, 1994 | Order sent out. (RE: Remand, Prior to any action the agency is directed to file exceptions) |
| Jul. 21, 1994 | (AHCA) Order Remanding filed. |
| Apr. 29, 1994 | Summary Recommended Order sent out. CASE CLOSED, recommended that a final order be entered dismissing petitioner's con application for lack of jurisdiction. |
| Apr. 26, 1994 | Azalea Trace, Inc`s Response To West Florida Regional Medical Center`s Supplement To Motion For Summary Recommended Order filed. |
| Apr. 22, 1994 | West Florida Regional's Supplement To Motion For Summary Recommended Order Dismissing Azalea Trace filed. |
| Apr. 22, 1994 | Azalea Trace, Inc`s Supplemental Response To West Florida Regional Medical Center Inc`s Motion For Summary Recommended Order filed. |
| Apr. 21, 1994 | (Petitioner) Response to West Florida Regional Medical Center, Inc`s Motion for Summary Recommended Order filed. |
| Apr. 20, 1994 | West Florida Regional's Notice of Filing Exhibit H To Motion For Summary Recommended Order; Exhibit H filed. |
| Apr. 19, 1994 | (West Florida Regional Medical Center) Request For Official Recognition filed. |
| Apr. 19, 1994 | West Florida Regional's Motion For Summary Recommended Order Dismissing Azalea Trace filed. |
| Apr. 19, 1994 | Notice of Withdrawal And Substitution of Counsel (from M. Cherniga) filed. |
| Apr. 04, 1994 | Order sent out. (Re: amendment to order) |
| Mar. 24, 1994 | (Petitioner) Motion to Amend Order Granting Continuance and Amended Notice filed. |
| Mar. 18, 1994 | Azalea Trace, Inc`s Notice of Service of Answers to Florida Convalescent Centers, Inc`s First Set of Interrogatories to Zalea Trace, Inc.; Azalea Trace, Inc`s Response to Florida Convalescent Centers, Inc`s First Request for Production of Documents re |
| Mar. 14, 1994 | Order Granting Continuance and Amended Notice sent out. (hearing rescheduled for 7/6-15/94; 10:00am; Tallahassee) |
| Mar. 09, 1994 | West Florida Regional Medical Center, Inc`s Responses to Azalea Trace, Inc`s Request for Admissions filed. |
| Feb. 28, 1994 | (Petitioner) Motion to Continue filed. |
| Feb. 14, 1994 | Notice of Service of Florida Convalescent Centers, Inc. d/b/a Palm Garden of Pensacola's Answers to Petitioner's First Interrogatories filed. |
| Feb. 14, 1994 | Florida Convalescent Centers, Inc. d/b/a Palm Garden of Pensacola`s Response to Azalea Trace, Inc`s Request to Produce filed. |
| Feb. 07, 1994 | Azalea Trace, Inc`s Request for Admissions by West Florida Regional Medical Center, Inc. filed. |
| Feb. 03, 1994 | West Florida Regional's Answers and Objections to Azalea Trace's Second Request for Production of Documents filed. |
| Jan. 28, 1994 | Florida Convalescent Centers, Inc`s d/b/a Palm Garden of Pensacola Notice of Serving First Set of Interrogatories to Azalea Trace, Inc.; Florida Convalescent Centers, Inc`s d/b/a Palm Garden of Pensacola First Request to Produce to Azalea Trace, Inc. re |
| Jan. 26, 1994 | Azalea Trace, Inc`s Notice of Service of Answers to West Florida Regional Medical Center`s First Interrogatories; Azalea Trace, Inc`s Response to West Florida Regional Medical Center`s Second Request for Production of Documents filed. |
| Jan. 24, 1994 | Est Florida Regional`s Answers and Objections to Azalea Trace`s First Request for Production of Documents; West Florida Regional`s Notice of Service of Response to Azalea Trace`s First Set of Interrogatories filed. |
| Jan. 21, 1994 | Azalea Trace, Inc`s Response to West Florida Regional Medical Center, Inc`s First Request for Production of Documents; Azalea Trace, Inc`s Answers to West Florida Regional Medical Center Inc`s Request for Admissions filed. |
| Jan. 04, 1994 | Notice of Hearing and Order sent out. (hearing set for 4/11-22/94; 10:00am; Tallahassee) |
| Jan. 04, 1994 | Azalea Trace, Inc`s Second Request for Production of Documents to West Florida Regional Medical Center, Inc. filed. |
| Jan. 03, 1994 | Corrected Certificate of Service as to West Florida Regional Medical Center, Inc`s Second Request for Production of Documents to Azalea Trace, Inc. filed. |
| Dec. 29, 1993 | Azalea Trace, Inc`s Notice of Service of Interrogatories to Florida Convalescent Centers, Inc. d/b/a Palm Garden of Pensacola; Azalea Trace, Inc`s First Request for Production of Documents to Florida Convalescent Centers, Inc. d/b/a Palm Garden of Pensa |
| Dec. 28, 1993 | West Florida Regional Medical Center, Inc`s Notice of Service of Interrogatories to Azalea Trace, Inc.; West Florida Regional Medical Center, Inc`s Second Request for Production of Documents to Azalea Trace,Inc. filed. |
| Dec. 23, 1993 | Azalea Trace, Inc`s First Request for Production of Documents to West Florida Regional Medical Center, Inc. filed. |
| Dec. 23, 1993 | West Florida Regional's Request for Admissions by Azalea Trace, Inc.;West Florida Regional's First Request for Production of Documents by Azalea Trace, Inc. filed. |
| Dec. 20, 1993 | Prehearing Order and Amended Notice of Hearing sent out. (PHC set for 1-28-94; 3:00pm; final hearing tentatively schedule for 10 working days beginning 4-11-94) |
| Dec. 14, 1993 | (Respondent) Amended Notice of Appearance as Counsel for Florida Convalescent Centers, Inc. d/b/a Palm Garden of Pensacola filed. |
| Dec. 08, 1993 | Notice of Hearing and Order sent out. (hearing set for 2/9/94; 10:00am; Tallahassee) |
| Dec. 08, 1993 | (Petitioner) Response to Initial Order filed. |
| Dec. 01, 1993 | Notice of Appearance as Counsel for Florida Convalescent Centers, Inc. d/b/a Palm Garden of Pensacola filed. |
| Nov. 23, 1993 | Initial Order issued. |
| Nov. 18, 1993 | Notice of Appearance filed. (From Elizabeth McArthur) |
| Nov. 05, 1993 | Notification card sent out. |
| Nov. 03, 1993 | Notice; Petition For Formal Administrative Hearing filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jul. 19, 1994 | Remanded from the Agency | |
| Apr. 29, 1994 | Recommended Order | HO Dism'd Pet because P's Bd lacked auth. to obligate Corp. to project under bylaws. HRS remanded finding a distinction betw commitment & approval.Settle |
