Savona v. Agency for Health Care Administration

District Court of Appeal of Florida

Savona v. Agency for Health Care Administration

717 So. 2d 1120, 1998 Fla. App. LEXIS 12304, 1998 WL 658395

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 1998

DocketNo. 98-770

StatusPublished

This text of 717 So. 2d 1120 (Savona v. Agency for Health Care Administration) 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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Savona v. Agency for Health Care Administration, 717 So. 2d 1120, 1998 Fla. App. LEXIS 12304, 1998 WL 658395 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

This cause is before us on appeal from a final order of the Administrative Law Judge denying Appellants’ petition for determination of invalidity of non-rule policy. We hold that Appellee, the Agency for Health Care Administration, had neither adopted a rule prior to implementing a new policy nor published notice of a proposed rule prior to the entry of the final order, as required by section 120.56(4)(e), Florida Statutes. Therefore, we REVERSE the order below and REMAND for further consideration of the petition and proceedings consistent herewith.

ERVIN, BOOTH and VAN NORTWICK, JJ., concur.

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PER CURIAM.

This cause is before us on appeal from a final order of the Administrative Law Judge denying Appellants’ petition for determination of invalidity of non-rule policy. We hold that Appellee, the Agency for Health Care Administration, had neither adopted a rule prior to implementing a new policy nor published notice of a proposed rule prior to the entry of the final order, as required by section 120.56(4)(e), Florida Statutes. Therefore, we REVERSE the order below and REMAND for further consideration of the petition and proceedings consistent herewith.

ERVIN, BOOTH and VAN NORTWICK, JJ., concur.

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Bluebook (online)

717 So. 2d 1120, 1998 Fla. App. LEXIS 12304, 1998 WL 658395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savona-v-agency-for-health-care-administration-fladistctapp-1998.