Baker County Medical Services, Inc. v. State

District Court of Appeal of Florida

Baker County Medical Services, Inc. v. State

700 So. 2d 404, 1997 Fla. App. LEXIS 10454, 1997 WL 564404

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 1997

DocketNo. 97-257

StatusPublished

This text of 700 So. 2d 404 (Baker County Medical Services, Inc. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baker County Medical Services, Inc. v. State, 700 So. 2d 404, 1997 Fla. App. LEXIS 10454, 1997 WL 564404 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The Agency for Health Care Administration (AHCA) erred in dismissing Baker County Medical Services, Inc.’s (Baker) petition for formal administrative hearing, because AHCA’s letter to Baker informing it of a statutory violation, of AHCA’s investigation, and of its decision not to impose a penalty constituted final agency action. See Florida League of Cities, Inc. v. Administration Comm’n, 586 So.2d 397 (Fla. 1st DCA 1991); Friends of the Hatchineha, Inc. v. Department of Envtl. Reg., 580 So.2d 267 (Fla. 1st DCA 1991), General Dev. Utils., Inc. v. Department of Envtl. Reg., 417 So.2d 1068 (Fla. 1st DCA 1982).

REVERSED and REMANDED.

ERVIN, J., and SMITH, Senior Judge, concur. BENTON, J., dissents without opinion.

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PER CURIAM.

The Agency for Health Care Administration (AHCA) erred in dismissing Baker County Medical Services, Inc.’s (Baker) petition for formal administrative hearing, because AHCA’s letter to Baker informing it of a statutory violation, of AHCA’s investigation, and of its decision not to impose a penalty constituted final agency action. See Florida League of Cities, Inc. v. Administration Comm’n, 586 So.2d 397 (Fla. 1st DCA 1991); Friends of the Hatchineha, Inc. v. Department of Envtl. Reg., 580 So.2d 267 (Fla. 1st DCA 1991), General Dev. Utils., Inc. v. Department of Envtl. Reg., 417 So.2d 1068 (Fla. 1st DCA 1982).

REVERSED and REMANDED.

ERVIN, J., and SMITH, Senior Judge, concur. BENTON, J., dissents without opinion.

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700 So. 2d 404, 1997 Fla. App. LEXIS 10454, 1997 WL 564404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-county-medical-services-inc-v-state-fladistctapp-1997.

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