Charter Medical-Jacksonville, Inc. v. State, Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Charter Medical-Jacksonville, Inc. v. State, Department of Health & Rehabilitative Services

503 So. 2d 381, 12 Fla. L. Weekly 554, 1987 Fla. App. LEXIS 6742

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1987

DocketNo. BN-479

StatusPublished

This text of 503 So. 2d 381 (Charter Medical-Jacksonville, Inc. v. State, Department of Health & Rehabilitative Services) 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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Charter Medical-Jacksonville, Inc. v. State, Department of Health & Rehabilitative Services, 503 So. 2d 381, 12 Fla. L. Weekly 554, 1987 Fla. App. LEXIS 6742 (Fla. Ct. App. 1987).

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Opinion

SMITH, Judge.

We reverse the final order of the Department of Health and Rehabilitative Services (Department) dismissing for lack of standing the petition for formal administrative hearing filed by Charter Medical-Jacksonville, Inc. (Charter). Charter possesses a certificate of need (CON) to construct a short and long-term psychiatric hospital in Duval County and is seeking to contest the Department’s notice of intent to issue a CON to Glenbeigh-Jacksonville to construct a long-term substance abuse hospital in Duval County. Charter’s petition raises factual issues which are sufficient to entitle Charter to present evidence to establish that Charter’s interests are substantially affected by the Department’s decision to issue a CON to Glenbeigh. The fact that Charter’s CON was granted pursuant to a different rule methodology than Glen-beigh’s will be does not control the issue of standing. Psychiatric Institutes of America, Inc. v. Department of Health and Rehabilitative Services, 491 So.2d 1199 (Fla. 1st DCA 1986); and St. Francis Parkside Lodge of Tampa Bay v. Department of Health and Rehabilitative Services, 486 So.2d 32 (Fla. 1st DCA 1986).

REVERSED.

JOANOS and BARFIELD, JJ., concur.

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SMITH, Judge.

We reverse the final order of the Department of Health and Rehabilitative Services (Department) dismissing for lack of standing the petition for formal administrative hearing filed by Charter Medical-Jacksonville, Inc. (Charter). Charter possesses a certificate of need (CON) to construct a short and long-term psychiatric hospital in Duval County and is seeking to contest the Department’s notice of intent to issue a CON to Glenbeigh-Jacksonville to construct a long-term substance abuse hospital in Duval County. Charter’s petition raises factual issues which are sufficient to entitle Charter to present evidence to establish that Charter’s interests are substantially affected by the Department’s decision to issue a CON to Glenbeigh. The fact that Charter’s CON was granted pursuant to a different rule methodology than Glen-beigh’s will be does not control the issue of standing. Psychiatric Institutes of America, Inc. v. Department of Health and Rehabilitative Services, 491 So.2d 1199 (Fla. 1st DCA 1986); and St. Francis Parkside Lodge of Tampa Bay v. Department of Health and Rehabilitative Services, 486 So.2d 32 (Fla. 1st DCA 1986).

REVERSED.

JOANOS and BARFIELD, JJ., concur.

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503 So. 2d 381, 12 Fla. L. Weekly 554, 1987 Fla. App. LEXIS 6742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charter-medical-jacksonville-inc-v-state-department-of-health-fladistctapp-1987.

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