Shands Jacksonville Medical Center, Inc. etc. v. State of Florida, Dept. of Health

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________

No. 1D17-2215
_____________________________

SHANDS JACKSONVILLE MEDICAL
CENTER, INC., d/b/a UF HEALTH
JACKSONVILLE,

Appellant,

v.

STATE OF FLORIDA, DEPARTMENT
OF HEALTH; and ORANGE PARK
MEDICAL CENTER, INC., d/b/a
ORANGE PARK MEDICAL CENTER,

Appellees.
_____________________________

On appeal from final order of the Department of Health.
W. David Watkins, Administrative Law Judge.

November 30, 2018

PER CURIAM.

Shands Jacksonville Medical Center, Inc., appeals from the
order approving the provisional trauma center application of
Orange Park Medical Center, Inc., asserting three issues: (a) that
the need for the new trauma center may not be deferred until the
final selection phase of the process; (b) that the Department of
Health was operating pursuant to an unadopted rule; and (c) that
the Department erred in allowing the new trauma center to begin
its operations prior to the completion of Shands’ administrative
challenge. As to issue (a), we affirm based on State, Dep't of Health
v. Bayfront HMA Med. Ctr., LLC, 236 So. 3d 466 (Fla. 1st DCA
Jan. 2, 2018). As to issue (b), we affirm based on State, Dep't of
Health v. Shands Jacksonville Medical Center, No. 1D17-1713
(Fla. 1st DCA Nov. 13, 2018). As to issue (c), we conclude that the
matter is moot.

AFFIRMED in part; DISMISSED in part.

WETHERELL, MAKAR, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________

Seann M. Frazier and Marc Ito of Parker Hudson Rainer & Dobbs,
LLP, Tallahassee, for Appellant.

William Dean Hall, III, Marc W. Dunbar, and Daniel R. Russell of
Jones Walker LLP, Tallahassee, for Appellee Department of
Health.

Stephen A. Ecenia, J. Stephen Menton, and Gabriel F. V. Warren
of Rutledge Ecenia, P.A., Tallahassee, for Appellee Orange Park
Medical Center.

2