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FLORIDA CONSUMER ACTION NETWORK, INC. vs DEPARTMENT OF HEALTH, BOARD OF MEDICINE, 15-001794RP (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001794RP Visitors: 106
Petitioner: FLORIDA CONSUMER ACTION NETWORK, INC.
Respondent: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Apr. 01, 2015
Status: Closed
DOAH Final Order on Tuesday, December 8, 2015.
Latest Update: Aug. 29, 2017
Summary: At issue in this proceeding is whether the proposed amendments set forth in the Notice of Proposed Rule published on May 15, 2013, in the Florida Administrative Register, Vol. 39, No. 95, pages 2609 through 2610 and modified by the Notice of Change, published on March 12, 2015, in the Florida Administrative Register, Vol. 41, No. 49, pages 1236 through 1237, constitute an invalid exercise of delegated legislative authority,1/ and, if so, whether costs and attorney’s fees should be assessed again
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150017747 Mandate

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


June 02, 2017


Claudia Llado, Clerk DOAH

1230 Apalachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: DANIEL R. FERNANDEZ AND

Dax J. Lonetto, Sr., PLLC, Appellants

v. Department of Health, Board of Medicine, Appellees, and Bactes Imaging Solutions, Inc., and Healthport Technologies, LLC, Intervenors


Docket No.: 1D16-0050

Lower Tribunal Case No: 15-1774RP, 15-1775RP, 15-1778RP 15-1794RP


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)

Edward A. Tellechea, A.A.G.

David M. Caldevilla Marlene K. Stern, A. A. G.

Amanda E. Ferrelle Rachel Clark, A. A. G. Mary K. Thomas

Jeffery M. Scott Cynthia A. Henderson Michael Fox Orr Donna Canzano McNulty, A. A. G. Robert A. Milne

Andre Christopher Ourso

Dan R. Stengle Jennifer A. Tschetter Louis M. Ursini, Iii Nicolas Q. Porter Scott R. Jeeves

M A N D A T E

From

DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To Lynne A. Quimby-Pennock, Administrative Law Judge, Division of Administrative Hearings

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


DANIEL R. FERNANDEZ AND DAX J. LONETTO, SR., PLLC, APPELLANTS

Case No : 1D16-0050


v. Lower Tribunal Case No : 15-1774RP

15-1775RP

15-1778RP

15-1794RP


DEPARTMENT OF HEALTH, BOARD OF MEDICINE, APPELLEES, AND BACTES IMAGING SOLUTIONS, INC., AND HEALTHPORT TECHNOLOGIES, LLC, INTERVENORS


The attached opinion was issued on April 11, 2017.


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 L. Clayton Roberts, Chief Judge


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


and the Seal of said Court done at Tallahassee, Florida, on this 2nd day of June 2017.



Docket for Case No: 15-001794RP
Issue Date Proceedings
Aug. 29, 2017 Transmittal letter from Claudia Llado forwarding records to the agency.
Jun. 02, 2017 Mandate filed.
Apr. 28, 2017 Opinion filed.
Jul. 06, 2016 2nd Supplemental Index, Record, and Certificate of Record sent to the District Court of Appeal.
Jun. 15, 2016 Invoice for the record on appeal mailed.
Jun. 15, 2016 2nd Supplemental Index (of the Record) sent to the parties of record.
Jun. 10, 2016 BY ORDER OF THE COURT: Appellants' amended motion seeking to supplement the record on appeal with items listed therein is granted.
Jun. 10, 2016 Appellants' Amended Unopposed Motion to Supplement Record Without Time Extension filed.
Jun. 10, 2016 BY ORDER OF THE COURT: Appellants' amended motion seeking to supplement the record on appeal with items listed therein is granted.
Apr. 13, 2016 Supplemental Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Apr. 13, 2016 Supplemental Index (of the Record) sent to the parties of record.
Feb. 12, 2016 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Jan. 27, 2016 Invoice for the record on appeal mailed.
Jan. 27, 2016 Index (of the Record) sent to the parties of record.
Jan. 07, 2016 Acknowledgment of New Case, First DCA Case No. 1D16-0050 filed.
Jan. 06, 2016 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Jan. 06, 2016 Appellants' Directions to Agency Clerk filed.
Dec. 08, 2015 Final Order (hearing held September 8 and 9, 2015). CASE CLOSED.
Nov. 06, 2015 Intervenors Notice of Concurrence with Respondents Proposed Final Order filed.
Nov. 06, 2015 Proposed Final Order filed.
Nov. 06, 2015 Petitioners' Joint Proposed Final Order filed.
Oct. 22, 2015 Order Granting Extension of Time to File Proposed Final Order and for Extending Page Limit on Proposed Final Order.
Oct. 22, 2015 Unopposed Motion for Extension of Time to File Proposed Final Order and for Extending page Limit on Proposed Final Order filed.
Oct. 21, 2015 Order (on Respondent's unopposed motion for late filed exhibit).
Oct. 19, 2015 Unopposed Motion for Late Filed Exhibits (exhibit not available for viewing) filed.
Oct. 19, 2015 Unopposed Motion for Late Filed Exhibit filed.
Sep. 22, 2015 Notice of Filing Transcript.
Sep. 21, 2015 Transcript of Proceedings (not available for viewing) filed.
Sep. 15, 2015 Order (granting motion for official recognition).
Sep. 10, 2015 Intervenors BACTES Imaging Solutions, Inc., and HealthPort Technologies, LLC's Response in Opposition to Petitioners' Motion for Official Recognition filed.
Sep. 08, 2015 CASE STATUS: Hearing Held.
Sep. 08, 2015 Notice of Filing Original Deposition Transcripts filed.
Sep. 04, 2015 Joint Pre-hearing Stipulation filed.
Sep. 04, 2015 Board of Medicine's Notice of Supplemental Authority filed.
Sep. 03, 2015 Petitioners' Motion for Official Recognition filed.
Sep. 02, 2015 Intervenors BACTES Imaging Solutions, Inc. and HealthPort Technologies, LLC's Response in Opposition to Petitioners' Motion for Clarification and for Oral Argument filed.
Aug. 31, 2015 Petitioners' Response in Opposition to Board's "Motion for Judicial Notice" filed.
Aug. 31, 2015 Respondent's Response to Petitioners' Motion for Clarification and Motion to Dismiss Intervenor with Requests for Oral Argument filed.
Aug. 31, 2015 Motion for Judicial Notice filed.
Aug. 28, 2015 Petitioners' Motion for Clarification and for Oral Argument filed.
Aug. 28, 2015 Petitioners' Motion to Dismiss Intervenor BACTES Imaging Solutions, Inc. Due to Lack of Standing and Request for Oral Argument filed.
Aug. 25, 2015 Respondents' Cross-notice of Taking Deposition Duces Tecum under Florida Rule of Civil Procedure 1.310(b)(1) filed.
Aug. 25, 2015 Petitioners' Notice of Taking Teleconference Deposition Duces Tecum Under Florida Rule of Civil Procedure 1.310 (FJA Corporate Representative, Captain Paul Jess) filed.
Aug. 19, 2015 Petitioners' Potential Witness List filed.
Aug. 17, 2015 CASE STATUS: Pre-Hearing Conference Held.
Aug. 17, 2015 Petitioners' Notice of Taking Continued Teleconference Deposition Duces Tecum Under Florida Rule of Civil Procedure 1.310(b)(6) (HealthPort Corporate Representative) filed.
Aug. 17, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 8 through 10, 2015; 9:30 a.m.; Tallahassee, FL).
Aug. 14, 2015 Order Granting Motion for Protective Order.
Aug. 14, 2015 Verified Return of Service (Dax J. Lonetto, Esq.) filed.
Aug. 14, 2015 Respondent's Notice of Filing Verified Return of Service of Subpoena Duces Tecum and Notice of Deposition Duces Tecum Dated August 11, 2015 on Dax J. Lonetto, Sr. Esq. filed.
Aug. 13, 2015 Intervenors Cross-notice of Taking Deposition (of Alan Pillersdorf, M.D.) filed.
Aug. 12, 2015 Petitioner Dax J. Lonetto, Sr., PLLC's Motion for Protective Order Regarding Scope of Deposition Duces Tecum and Subpoena Duces Tecum filed.
Aug. 10, 2015 Respondent's Cross-notice of Taking Video Teleconference Deposition (of Matt Rohs, filed in Case No. 15-001775RP).
Aug. 10, 2015 Respondent's Cross-notice of Taking Video Teleconference Deposition (of Alan Pillersdorf, filed in Case No. 15-001775RP).
Aug. 10, 2015 Respondent's Cross-notice of Taking Video Teleconference Deposition (of BACTES Representative) filed.
Aug. 07, 2015 Petitioners Second Amended Notice of Taking Video-Teleconference Deposition Duces Tecum (HealthPort) filed.
Aug. 06, 2015 Subpoena Duces Tecum (Jack A. Lonetto) filed.
Aug. 06, 2015 Subpoena Duces Tecum (Dax J. Lonetto, Esq) filed.
Aug. 06, 2015 Petitioners' Amended Notice of Taking Video-teleconference Deposition Duces Tecum (of BACTES Representative) filed.
Aug. 05, 2015 Notice of Taking Deposition Duces Tecum (of Jack Lonetto) filed.
Aug. 05, 2015 Notice of Taking Deposition Duces Tecum (of Dax Lonetto) filed.
Aug. 05, 2015 Petitioners' Notice of Taking Teleconference Deposition Duces Tecum under Florida Rule of Civil Procedure 1.310(b)(6) (of Allen Pillersdorf) filed.
Aug. 05, 2015 Petitioners' Notice of Taking Teleconference Deposition Duces Tecum (of Alison Dudley) filed.
Aug. 05, 2015 Petitioners' Amended Notice of Taking Video-Teleconference Deposition Duces Tecum under Florida Rule of Civil Procedre 1.310(b)(6) (of Matt Rohs) filed.
Aug. 05, 2015 Petitioners' Third Amended Notice of Taking Rule 1.310(b)(6) Teleconference Deposition Duces Tecum of Respondent filed.
Jul. 28, 2015 Petitioners' Cross-notice of Taking Deposition Pursuant to Rule 1.310(b)(1) F.R.C.P. of Mr. William Newton, Corporate Representative of Florida Consumer Action Network, Inc filed.
Jul. 27, 2015 Order Regarding Motions to Compel.
Jul. 23, 2015 Petitioners' Cross-notice of Taking Depositions Pursuant to Rule 1.310(b)(1) F.R.C.P. of Dax J. Lonetto, Sr., PPLC and Daniel R. Fernandez filed.
Jul. 20, 2015 CASE STATUS: Motion Hearing Held.
Jul. 14, 2015 Notice of Telephonic Motion Hearing (motion hearing set for July 20, 2015; 9:00 a.m.).
Jul. 13, 2015 Respondent's Notice of Filing the Compiled Record Pertaining to the Proposed Amendment of Rule 64B8-6410.003 F.A.C., in Bates Stamped DVD Disc Format filed.
Jul. 13, 2015 CASE STATUS: Motion Hearing Held.
Jul. 08, 2015 Respondent's Amended Notice of Taking Depositions Duces Tecum Pursuant to Rule 1.310(b)(1) and Rule 1.310(b)(6) F.R.C.P. of Mr. William Newton, Corporate Representative of Florida Consumer Action Network, Inc filed.
Jul. 07, 2015 Respondent's Response in Opposition to Petitioner's Motion to Compel Responses to Petitioner's First Set of Interrgoatories to Respondent filed.
Jul. 07, 2015 Respondent's Notice of Taking Depositions Duces Tecum Pursuant to Rule 1.310(b)(1) and Rule 1.310(b)(6) F.R.C.P. of Mr. William Newton, Corporate Representative of Florida Consumer Action Network, Inc. filed.
Jul. 07, 2015 Respondent's Amended Notice of Taking Depositions Duces Tecum Pursuant to Rule 1.310(b)(1) and Rule 1.310(b)(6) F.R.C.P. of Captain Paul Jess, Corporate Representative of Florida Justice Assocation filed.
Jul. 07, 2015 Respondent's Notice of Taking Depositions Duces Tecum Pursuant to Rule 1.310(b)(1) and Rule 1.310(b)(6) F.R.C.P. of Captain Paul Jess, Corporate Representative of Florida Justice Assocation filed.
Jul. 06, 2015 Intervenors BACTES Imaging Solutions, Inc. and HealthPort Technologies, LLC's Response in Opposition to Petitioners' Motion to Compel and Intervenors' Motion for Protective Order Regarding Petitioners' Discovery Requests and Corporate Representative Depositions filed.
Jun. 29, 2015 Second Order Setting Briefing Schedule and Telephone Conference.
Jun. 26, 2015 Petitioners' Motion to Compel Responses to Pending Discovery Requests to Intervenors' BACTES and HealthPort, and for Sanctions filed.
Jun. 26, 2015 Petitioners' Motion to Compel Responses to Petitioners' First Set of Interrogatories to Respondent filed.
Jun. 25, 2015 Petitioners' Request for Briefing and Telephone Conference Regarding Discovery Dispute filed.
Jun. 25, 2015 Respondent's Notice of Compiling & Serving the Record Pertaining to the Proposed Amendment of Rule 64B8-6410.003 F.A.C filed.
Jun. 22, 2015 Respondent's Notice of Taking Depositions Duces Tecum Pursuant to Rule 1.310(b)(1) and Rule 1.310(b)(6) F.R.C.P. of Daniel R. Fernandez and Dax J. Lonetto, Sr., PPLC filed.
Jun. 22, 2015 Order Setting Briefing Schedule and Telephone Conference.
Jun. 18, 2015 Petitioners' and Intervenors, BACTES Imaging Solutions, Inc. and HealthPort Technologies, LLC's Request for Briefing and Telephone Conference Regarding Discovery Dispute filed.
Jun. 16, 2015 Notice of Serving Intervenor Florida Medical Association's First Set of Interrogatories to Petitioner filed.
Jun. 02, 2015 Order Denying Motion for Protective Order.
Jun. 02, 2015 BACTES Imaging Solutions, Inc's Request for Oral Argument or, in the Alternataive, Motion for Leave to File Reply filed.
Jun. 01, 2015 Intervenor Healthport Technologies, LLC's Notice of Serving Unverified Responses and Objections to Petitioners' First Set of Interrogatories filed.
May 29, 2015 Intervenor Healthport Technologies, LLC's Response and Objections to Petitioners' First Request for Production (1-16) to Intervenor Healthport Technologies, LLC filed.
May 29, 2015 Healthport Technologies, LLC's Response and Objections to Petitioners' First Request for Admissions (1-20) to Healthport filed.
May 29, 2015 BACTES Imaging Solution, Inc.'s Answers and Objections to Petitioners? First Request for Admissions filed.
May 29, 2015 Intervenor BACTES Imaging Solutions, Inc.'s Notice of Serving Unverified Responses and Objections to Petitioners? First Set of Interrogatories filed.
May 29, 2015 BACTES Imaging Solution, Inc.'s Responses and Objections to Petitioners? First Request for Production filed.
May 29, 2015 Florida Medical Association's Responses to Petitioners' First Request for Production filed.
May 28, 2015 Florida Medical Association's Response to Petitioners' First Request for Admissions filed.
May 28, 2015 Petitioners' Response to BACTES Imaging Solutions, Inc.'s Motion for Protective Order Regarding Deposition of BACTES Corporate Representative filed.
May 22, 2015 Petitioners' Second Request for Production to Intervenor HealthPort Technologies, LLC filed.
May 22, 2015 Petitioners' Notice of Cancelling Rule 1.310(b)(6) Video-Teleconference Deposition Duces Tecum of Respondent (Andre Ourso) filed.
May 21, 2015 BACTES Imaging Solution, Inc.?s Objections to Petitioners? Notice of Taking Video-Teleconference Deposition Duces Tecum of a Designated BACTES Corporate Representative filed.
May 21, 2015 BACTES Imaging Solutions, Inc.'s Motion for Protective Order Regarding Deposition of BACTES Corporate Representative filed.
May 19, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 24 through 26, 2015; 9:00 a.m.; Tallahassee, FL).
May 19, 2015 Corrected Notice of Serving Respondent's Supplement Responses to Petitioner's First Request for Admissions (Nos. 1-4) filed.
May 19, 2015 (Respondent's) Motion for Continuance filed.
May 18, 2015 Respondent's Supplemental Responses to Petitioner's First Request for Admissions (Nos. 1-4) filed.
May 18, 2015 Notice of Serving Respondent's Supplemental Responses to Petitioner's First Request for Admissions (Nos. 1-4) filed.
May 12, 2015 Notice of Serving Petitioners' Responses to Respondent's First Set of Interrogatories to Petitioners filed.
May 12, 2015 Petitioners' Responses to Respondent's First Request for Production to Petitioners filed.
May 12, 2015 Petitioners' Notice of Serving First Set of Interrogatories to Intervenor Florida Medical Association filed.
May 12, 2015 Petitioners' First Request for Admissions to Florida Medical Association filed.
May 12, 2015 Petitioners' First Request for Production to Intervenor Florida Medical Association filed.
May 12, 2015 Petitioners' Notice of Taking Video-Teleconference Deposition Duces Tecum (HealthPort) filed.
May 12, 2015 Petitioners' Notice of Serving First Set of Interrogatories to Intervenor HealthPort filed.
May 12, 2015 Petitioners' First Request for Admissions to Healthport filed.
May 12, 2015 Petitioners' First Request for Production to Intervenor HealthPort Technologies, LLC filed.
May 12, 2015 Petitioners' Notice of Taking Video-Teleconference Deposition Duces Tecum (BACTES) filed.
May 12, 2015 Petitioners' Notice of Serving First Set of Interrogatories to Intervenor BACTES filed.
May 12, 2015 Petitioners' First Request for Production to Intervenor BACTES filed.
May 12, 2015 Petitioners' First Request for Admissions to BACTES filed.
May 11, 2015 Notice of Serving Respondent's Supplemental Responses to Petitioners' Request for Admissions (Nos. 5-6) filed.
May 08, 2015 Petitioners' Amended Notice of Taking Rule 1.310(b)(6) Video-Teleconference Deposition Duces Tecum of Respondent filed.
May 08, 2015 Intervenor, HealthPort Technologies, LLC's Notice of Appearances and Correction (Dan Stengle and Cynthia Henderson) led.
May 08, 2015 Notice of Appearance (Jeffery Scott) filed.
May 08, 2015 Notice of Appearance (Martinique Busino, filed in Case No. 15-001775RP).
May 08, 2015 Notice of Appearance (Martinique Busino) filed.
May 07, 2015 Order on Pending Motions.
May 06, 2015 Order (denying Respondent's motion to dismiss).
Apr. 30, 2015 (Respondent's) Request for Oral Arguments filed.
Apr. 29, 2015 BACTES Imaging Solution, Inc.'s Response in Opposition to Petitioners' Motion to Strike BACTES' Response in Opposition to Petitions to Invalidate Proposed Amendment to Rule filed.
Apr. 29, 2015 Petitioners' Response to Respondent's Motion to Dismiss for Lack of Jurisdiction filed.
Apr. 29, 2015 Order Granting Petition to Intervene.
Apr. 28, 2015 Florida Medical Association's Motion for Leave to Intervene filed.
Apr. 28, 2015 Order Granting Petition to Intervene.
Apr. 28, 2015 Notice of Serving Respondent's Second Supplemental Responses to Petitioners' Request for Production of Documents filed.
Apr. 27, 2015 Notice of Serving Respondent's First Supplemental Responses to Petitioners' Request for Production of Documents filed.
Apr. 23, 2015 (Respondent's) Notice of Serving Responses to Petitioners' First Set of Interrogatories (Nos. 1-14) filed.
Apr. 23, 2015 Notice of Serving Respondent's Responses to Petitioners' Request for Production of Documents (Nos. 1-21) filed.
Apr. 23, 2015 Notice of Serving Respondent's Responses to Petitioners' Request for Admissions (Nos. 1-16) filed.
Apr. 23, 2015 Notice of Serving Respondent's First Set of Interrogatories to Petitioners filed.
Apr. 23, 2015 Notice of Serving Respondent's First Request for Production to Petitioners filed.
Apr. 23, 2015 HealthPort Technologies, LLC's Motion for Leave to Intervene filed.
Apr. 22, 2015 Petitioners' Motion to Strike BACTES' Response in Opposition to Petitions to Invalidate Proposed Amendment to Rule filed.
Apr. 22, 2015 Notice of Hearing (hearing set for June 16 through 18, 2015; 9:00 a.m.; Tallahassee, FL).
Apr. 22, 2015 (Respondent's) Motion to Dimiss for Lack of Jurisdiction filed.
Apr. 22, 2015 Order Granting Petition to Intervene.
Apr. 21, 2015 Notice of Supplemental Conferral Regarding BACTES Imaging Solution, Inc.'s Motion for Leave to Intervene filed.
Apr. 17, 2015 (Respondent's) Status Report filed.
Apr. 16, 2015 Bactes Imaging Solution, Inc.'s Response in Opposition to Petitions to Invalidate Proposed Amendment to Rule 64B8-10.003, F.A.C., filed.
Apr. 14, 2015 Notice of Appearance (Marlene Stern) filed.
Apr. 14, 2015 BACTES Imaging Solution, Inc.'s Motion for Leave to Intervene filed.
Apr. 10, 2015 Petitioners' Notice of Taking Rule 1.310(b)(6) Deposition Duces Tecum of Respondent filed.
Apr. 10, 2015 Petitioners' First Request for Admissions to Respondent filed.
Apr. 10, 2015 Petitioners' First Request for Production to Respondent filed.
Apr. 10, 2015 Petitioners' Notice of Serving First Set of Interrogatories to Respondent filed.
Apr. 09, 2015 Notice of Appearance (Amanda Ferrelle) filed.
Apr. 07, 2015 Order Denying Abatement and Granting Continuance (parties to advise status by April 17, 2015).
Apr. 07, 2015 Order of Consolidation (DOAH Case Nos. 15-1774RP, 15-1775RP, 15-1778RP, 15-1794RP).
Apr. 03, 2015 (Respondent's) Motion to Abate, Continue and Consolidate filed.
Apr. 03, 2015 Order of Pre-hearing Instructions.
Apr. 03, 2015 Notice of Hearing (hearing set for April 29, 2015; 9:00 a.m.; Tallahassee, FL).
Apr. 02, 2015 Order of Assignment.
Apr. 02, 2015 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
Apr. 02, 2015 Joint Notice of Appearance (Edward Tellechea, Robert Milne, Donna McNulty, and Rachel Clark) filed.
Apr. 01, 2015 Florida Consumer Action Network, Inc.'s Petition for Administrative Hearing Determining Invalidity of Proposed Rule filed.

Orders for Case No: 15-001794RP
Issue Date Document Summary
Jun. 02, 2017 Mandate
Apr. 11, 2017 Opinion
Dec. 08, 2015 DOAH Final Order Proposed rule is not an invalid exercise of delegated legislative authority.
Source:  Florida - Division of Administrative Hearings
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