The 2024 Florida Statutes
|
||||||
|
. . . ." § 408.039, Fla. Stat. (2017). . . . Section 408.039(5)(c), Florida Statutes, states that applicants in the same batching cycle are entitled . . . Section 408.039(5)(a) provides that applicants in the same batching cycle must request the hearing within . . . Though these petitions were filed outside the twenty-one-day window established by section 408.039, the . . . and adopted the Agency's administrative interpretation of the applicable statutes, including section 408.039 . . .
. . . . § 408.039, Fla. Stat. . . .
. . . See § 408.039(5)(c), Fla. . . . See § 408.039(4), Fla. Stat. (2004); Fla. Admin. Code R. 59C-1.010. . . .
. . . standard of review in appeals of orders regarding certificates of need is governed exclusively by section 408.039 . . . We read section 408.039(6)(b) in pari materia with section 120.68(7) and conclude that section 408.039 . . .
. . . .” § 408.039(5)(c), Fla. Stat. (2002). . . .
. . . Section 408.039(5)(c) provides that “[e]xist-ing health care facilities may initiate or intervene in . . .
. . . arguing that the Health Trust lacked standing to initiate an administrative proceeding under section 408.039 . . . of any certificate of need to a competing proposed facility or program within the same district. § 408.039 . . . grant Cleveland Clinic’s motion to dismiss, finding that, pursuant to the plain meaning of section 408.039 . . .
. . . . § 408.039(6)(b), Fla. Stat. (1995). Therefore, we affirm the order under review. Affirmed. . . .
. . . appellate attorney’s fees on the basis of section 120.595(5), Florida Statutes (Supp.1996), and section 408.039 . . . Section 408.039(6)(c) allows the court, in its discretion, to award a reasonable attorney’s fees and . . .
. . . mandamus, arguing that they are entitled to an administrative hearing pursuant to sections 120.57 and 408.039 . . .
. . . That triggered the grace period for competing applicants to file letters of intent under section 408.039 . . .
. . . , these inter-venors thus fail even to begin to meet the threshold standing requirements of section 408.039 . . .
. . . in proceedings below that Cleveland’s application was not subjected to the requirements of section 408.039 . . . AHCA for comparative review was beyond the hearing officer’s jurisdiction and in violation of section 408.039 . . . order further finds this interpretation consistent with the limitation on standing found in section 408.039 . . . expenditure” under section 381.706(l)(e) (now 408.032(1)), and that under section 381.709(5)(b) (now 408.039 . . .
. . . community nursing home beds will be comparatively reviewed consistent with the requirements of subsection 408.039 . . . Section 408.039(1), Florida Statutes (1993), allows certificate of need review in the same cycle of “ . . .
. . . litigation, or could still be litigated within any remaining part of the 21-day period provided by s. 408.039 . . .