American Healthcorp of Vero Beach, Inc. v. Dept. of Health and Rehabilitative Services
| Decision Date | 22 May 1986 |
| Docket Number | No. 67448,67448 |
| Citation | 488 So.2d 824,11 Fla. L. Weekly 231 |
| Parties | 11 Fla. L. Weekly 231 AMERICAN HEALTHCORP OF VERO BEACH, INC., Petitioner, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent. |
| Court | Florida Supreme Court |
Michael J. Cherniga, of Roberts, Baggett, LaFace & Richard, Tallahassee, for petitioner.
M. Stephen Turner and William L. Hyde, of Culpepper, Pelham, Turner & Mannheimer, Tallahassee, for respondent.
Kenneth F. Hoffman of Oertel & Hoffman, Tallahassee, amicus curiae for Indian River Co. Hosp. Dist.
James C. Hauser, of Messer, Vickers, Caparello, French & Madsen, Tallahassee, amicus curiae for Humana, Inc. d/b/a Sebastian River Medical Center, Inc.
We have for review Department of Health and Rehabilitative Services v. American Healthcorp, 471 So.2d 1312 (Fla. 1st DCA 1985). In denying American Healthcorp's motion for rehearing, the district court certified the following question:
Is the Department of Health and Rehabilitative Services, by reason of the language in section 381.494(8)(c), Florida Statutes (Supp.1982), providing that if the department fails to take certain action within the time specified therein, that the applicant "may take appropriate legal action, including relief pursuant to the Administrative Procedure Act," exempted from the general language of section 120.60(2), Florida Statutes (1981), requiring issuance of a license if an agency fails to act within the time specified therein?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We answer the certified question in the affirmative, and adopt the majority opinion of the First District Court of Appeal.
It is so ordered.
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