Legal Opinion
Department of Health v. Bayfront Medical Center, Inc.
District Court of Appeal of Florida
Decided November 30, 2012No. 1D11-5676PublishedCited by 3 opinions
1Per curiam
The Florida Department of Health (“the Department”) appeals from a Final Order of the Division of Administrative Hearings invalidating a rule promulgated by the Department that allocates trauma centers throughout the state of Florida. Appellee Shands Jacksonville cross-appeals the denial of its attorney fees below. We conclude that the administrative law judge correctly determined that the rule was inconsistent with the Department of Health’s grant of rulemaking authority, and we therefore affirm the order.
Four existing trauma centers in the State of Florida brought a rule challenge pursuant…
2Cases cited4 opinions
- SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.District Court of Appeal of Florida · 2000
- Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.District Court of Appeal of Florida · 2002
- DRAVO BASIC MATERIALS v. State, Dept. of Transp.District Court of Appeal of Florida · 1992
- Department of Health v. MerrittDistrict Court of Appeal of Florida · 2006
3Cited by3 opinions
- Shands Jacksonville Medical Center, Inc. v. State, Department of HealthDistrict Court of Appeal of Florida · 2013
- HCA Health Services of Florida, Inc. v. Bayfront Medical Center, Inc.District Court of Appeal of Florida · 2012
- John Goodman v. Florida Department of Law EnforcementSupreme Court of Florida · 2018