final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from Division of Administrative Hearings. Yolanda Y.
Green, Administrative Law Judge.
A. Putnal and Jon C. Moyle of Moyle Law Firm, P.A.,
Tallahassee, for Appellant.
Cooper George, Chief Appellate Counsel, and Amy E. Miles,
Senior Attorney, Agency for Health Care Administration,
Tallahassee, for Appellee Agency for Health Care
Tiffany A. Roddenberry and Jerome W. Hoffman of Holland &
Knight LLP, Tallahassee, for Appellee Adventist Health
System/Sunbelt, Inc., d/b/a Florida Hospital.
Stephen A. Ecenia, Tana D. Storey, Craig D. Miller, and
Jennifer F. Hinson of Rutledge Ecenia, P.A., Tallahassee, for
Appellee Central Florida Health Services, LLC.
THOMAS, C. JUDGE
appeal concerns a rule challenge to the procedure through
which healthcare providers apply for and challenge the award
of a Certificate of Need, a written statement
"evidencing community need for a new, converted,
expanded, or otherwise significantly modified health care
facility, health service, or hospice." §
408.032(3), Fla. Stat. (2017). The Agency for Health Care
Administration is responsible for issuing or denying
Certificates, and has adopted rules to implement the program.
§ 408.033(3), Fla. Stat. (2017); Chapter 59C, Fla.
Admin. Code (2017).
Agency accepts and considers Certificate applications in
"batching cycles," in which all applications
seeking approval for the same type of healthcare facility or
expansion are subject to "comparative review."
§ 408.039, Fla. Stat. (2017). When review is complete,
the Agency issues a State Agency Action Report or Notice of
Intent stating whether it will grant or deny each
application, and this notice is published in the Florida
Administrative Register. Id.
408.039(5)(c), Florida Statutes, states that applicants in
the same batching cycle are entitled to a "comparative
hearing" on their applications, in which the Agency
comparatively reviews all pending applications. Section
408.039(5)(a) provides that applicants in the same batching
cycle must request the hearing within twenty-one days from
publication of the Notice of Intent or State Agency Action
1992, the Agency promulgated a rule, which states in
If a valid request for administrative hearing is timely filed
challenging the noticed intended award of any certificate of
need application in the batch, that challenged granted
applicant shall have ten days from the date the notice of
litigation is published in the Florida Administrative
Register to file a petition challenging any or all other
Fla. Admin. Code R. 59C-1.012(2)(a) (2017).
1997 Legislature enacted section 408.0455, Florida ...