Gulf Coast Home Health Services of Florida, Inc. v. Department of Health & Rehabilitative Services

The order of the agency should be reversed and appellant granted the requested relief because the agency failed to follow Section 120.60(2), Florida Statutes, requiring the agency to act on license applications within 90 days and because Section 400.504, Florida Statutes, provides for licensing, and not certificate of need (CON) proceedings, in cases such as this. The agency’s adoption of the term “subunit” by rule is without statutory basis and is inconsistent with the statute, which specifies “subdivision” as the only organizational component of “home health agency.” § 400.462(2), Fla.Stat.…