Life Care Centers v. Sawgrass Care Center

683 So. 2d 609, 1996 WL 669949
CourtDistrict Court of Appeal of Florida
DecidedNovember 21, 1996
Docket96-811
StatusPublished
Cited by14 cases

This text of 683 So. 2d 609 (Life Care Centers v. Sawgrass Care Center) 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.

Bluebook
Life Care Centers v. Sawgrass Care Center, 683 So. 2d 609, 1996 WL 669949 (Fla. Ct. App. 1996).

Opinion

683 So.2d 609 (1996)

LIFE CARE CENTERS OF AMERICA, INC., Appellant,
v.
SAWGRASS CARE CENTER, INC., and Agency for Health Care Administration, Appellees.

No. 96-811.

District Court of Appeal of Florida, First District.

November 21, 1996.

*610 R. Bruce McKibben, Jr., and Susan L. Turner of Holland & Knight, Tallahassee, for Appellant.

Robert D. Newell, Jr., of Newell & Stahl, P.A., Tallahassee, for Appellee Sawgrass Care Center, Inc.

Richard A. Patterson of Agency for Health Care Administration, Tallahassee, for Appellee Agency for Health Care Administration.

BENTON, Judge.

Life Care Centers of America, Inc. (Life Care) asks us to overturn a final order entered by the Agency for Health Care Administration (AHCA). The appealed order denied Life Care's application for a certificate of need to construct a nursing home in northern Duval County and approved a competing application filed by Sawgrass Care Center, Inc. Life Care contends that AHCA's order should be reversed, because it does not comply with the requirements of section 120.59(2), Florida Statutes (1995), in that each proposed finding of fact was not ruled on individually. We conclude that, as recently revised, the Administrative Procedure Act does not require reversal on this ground. We also reject (without further discussion) Life Care's contention that the AHCA decision under review lacks competent and substantial supporting evidence. Accordingly, we affirm.

Former Section 120.59(2), Florida Statutes

This court construed section 120.59, Florida Statutes (1983)[1] to require "explicit agency rulings on all findings proposed by a party." Island Harbor Beach Club, Ltd. v. Department of Natural Resources, 476 So.2d 1350, 1352 (Fla. 1st DCA 1985). At issue in Island Harbor was a hearing officer's final order denying a petition to invalidate a proposed administrative rule. Cf. Haynes v. Department of Professional Regulation, 584 *611 So.2d 656 (Fla. 4th DCA 1991) (involving hearing officer's final order denying petition for attorney's fees and costs). The Island Harbor court stopped just short of requiring[2] that each proposed finding of fact be dealt with separately by number:

The language of section 120.59(2) is plain and concise; it states in simple terms that "the order shall include a ruling upon each proposed finding." Yet, a substantial portion of the administrative orders reviewed by this court contain only a single paragraph or sentence such as the one quoted from the order under review[[3]] as the ruling on all proposed findings of fact. It takes little imagination to appreciate that a broad ruling so phrased, without more, makes it necessary during appellate review of the propriety of such rulings to painstakingly compare the final order, the proposed findings, and the record in a frequently frustrating attempt to sort out which proposed finding was rejected on which ground and whether such rejection was proper or improper. Performance of this task has often taken considerable time and effort which could have been avoided by the simple expedient of referring to numbered paragraphs in the appealed order.
It is standard practice in litigated matters to number paragraphs in pleadings and orders for the purpose of facilitating ease of reference by the litigants and the reviewing authority. For example, our rules of civil procedure state that claims for relief and defenses thereto "shall be made in consecutively numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances and a paragraph may be referred to by number in all subsequent pleadings." Rule 1.110, Fla.R.Civ.P. Interrogatories "shall be arranged so that a blank space is provided after each separately numbered interrogatory." Rule 1.340(e), Fla.R.Civ.P. It is common practice to number separate matters set forth in requests for admissions. Rule 1.370, Fla.R.Civ.P. Likewise, proposed findings of fact and conclusions of law, whether filed in court or in administrative proceedings, are commonly numbered in separate paragraphs for ease of reference. Therefore, we perceive that it would be no great imposition for hearing officers to rule on each of the proposed findings of fact submitted by a party by referring to the specific paragraph numbers being considered. For example, the final order may conveniently state that *612 proposed findings 2, 4, 6, 8, 10, and 12 are rejected as immaterial; proposed findings 1, 3, and 5 are rejected as cumulative; proposed findings 7 and 9 are covered by paragraphs 4 and 5 of the final order, and so forth. Certainly, proposed findings collectively dealt with in the manner suggested will make perfectly clear to the reviewing court (and the lawyers handling the appeal) the basis for disposition of each proposed finding of fact and will fully comply with the spirit and intent of section 120.59(2).
Administrative proceedings are frequently complex, technical, and difficult to understand. Honoring the true intent and purpose of the statutory requirement to explicate the ruling on proposed findings is essential to the smooth functioning of the administrative process and subsequent judicial review. We stop, this time, short of construing section 120.59(2) as imposing a rigid requirement to use numbered paragraphs when ruling on proposed findings in every case. We do hold that simply ruling on all proposed findings in a single broadly phrased paragraph, as was done in the order under review, is totally insufficient to comply with section 120.59(2).

Island Harbor, 476 So.2d at 1352-53. Former section 120.59(2) placed the obligation to address proposed findings of fact on the agency (or hearing officer) that entered the final order. In practice, an agency's duty to address proposed findings of fact was often discharged by adoption of a recommended order in which a hearing officer had addressed proposed findings of fact with specificity. But see Kinast v. Department of Professional Regulation, 458 So.2d 1159 (Fla. 1st DCA 1984); Pelham v. Superintendent of School Bd. of Wakulla County, 436 So.2d 951 (Fla. 1st DCA 1983).

In the present case, the hearing officer— as he was then known[4]—did essentially nothing more than "simply rule[] on all proposed findings in a single broadly phrased paragraph." Island Harbor, 476 So.2d at 1353. Discerning which portions of Life Care's ninety-one proposed findings the final order incorporated by reference entails "painstakingly compar[ing] the final order, the proposed findings, and the record." Id. at 1352. Nor can grounds for rejection be readily ascertained, since five possible grounds are stated for rejecting most of the proposed findings.[5] In adopting the recommended order's cryptic "rulings" on Life Care's proposed findings, AHCA failed to comply with the second sentence of former section 120.59(2), Florida Statutes (1995). Island Harbor; Kinast; Pelham.

1996 Amendments To Administrative Procedure Act

"[P]rocedure within administrative agencies is subject to statutory regulation." Gator Freightways, Inc. v. Mayo, 328 So.2d 444, 446 (Fla.1976). During the pendency of the present appeal, chapter 96-159, Laws of Florida, amended the Administrative Procedure Act, effective October 1, 1996.

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Bluebook (online)
683 So. 2d 609, 1996 WL 669949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/life-care-centers-v-sawgrass-care-center-fladistctapp-1996.