SHANDS JACKSONVILLE MEDICAL CENTER INC UF v. DEPARTMENT OF HEALTH (2018)

District Court of Appeal of Florida, First District.

SHANDS JACKSONVILLE MEDICAL CENTER, INC., d/b/a UF Health Jacksonville, Appellant, v. State of Florida, DEPARTMENT OF HEALTH; and Orange Park Medical Center, Inc., d/b/a Orange Park Medical Center, Appellees.

No. 1D17-2215

Decided: November 30, 2018

Seann M. Frazier and Marc Ito of Parker Hudson Rainer & Dobbs, LLP, Tallahassee, for Appellant. William Dean Hall, III, Marc W. Dunbar, and Daniel R. Russell of Jones Walker LLP, Tallahassee, for Appellee Department of Health. Stephen A. Ecenia, J. Stephen Menton, and Gabriel F. V. Warren of Rutledge Ecenia, P.A., Tallahassee, for Appellee Orange Park Medical Center.

Shands Jacksonville Medical Center, Inc., appeals from the order approving the provisional trauma center application of Orange Park Medical Center, Inc., asserting three issues: (a) that the need for the new trauma center may not be deferred until the final selection phase of the process; (b) that the Department of Health was operating pursuant to an unadopted rule; and (c) that the Department erred in allowing the new trauma center to begin its operations prior to the completion of Shands' administrative challenge. As to issue (a), we affirm based on State, Dep't of Health v. Bayfront HMA Med. Ctr., LLC, 236 So.3d 466 (Fla. 1st DCA 2018). As to issue (b), we affirm based on State, Dep't of Health v. Shands Jacksonville Medical Center, No. 1D17-1713, ––– So.3d ––––, 2018 WL 5915402 (Fla. 1st DCA Nov. 13, 2018). As to issue (c), we conclude that the matter is moot.

Affirmed in part; Dismissed in part.

Per Curiam.

Wetherell, Makar, and Winsor, JJ., concur.

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