Humana of Florida, Inc. v. Keller

SMITH, Judge.

Humana of Florida, Inc., seeking declaratory and injunctive relief, complained in the circuit court that a bureau under the jurisdiction of defendant Secretary of the Department of Health and Rehabilitative Services had issued a certificate of need for construction of defendant Medical Center of Kissimmee, Inc.’s new 132-bed hospital notwithstanding that no public hearing on the question of necessity has been had. Secs. 381.494(5) (b), (6)(b), F.S.1973. The circuit court dismissed Humana’s complaint on the ground that Humana’s only remedy was to file a petition for certiorari in…