GLOBAL HOME HEALTH SERVICES, INC., APPELLANT,
v.
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND GULF COAST HOME HEALTH SERVICES, INC., APPELLEES
GLOBAL HOME HEALTH SERVICES, INC., APPELLANT,
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND GULF COAST HOME HEALTH SERVICES, INC., APPELLEES
473 So. 2d 304
Florida District Court of Appeal, Second District (1985)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm the final order of the Department of Health and Rehabilitative Services denying the application of appellant for an amendment to its home health license without a certificate of need review on the authority of Home Health Professional Services, Inc. v. Department of Health & Rehabilitative Services, 463 So. 2d 345 (Fla. 1st DCA 1985).
RYDER, C.J., and DANAHY and CAMPBELL, JJ., concur.
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Martin Cnty. v. Melvyn R. Yusem, 690 So. 2d 1288 (Fla. 1997)…ferential review of legislative action afforded by the fairly debatable rule, local government action still must be in accord with the procedures required by chapter 163, part II, Florida Statutes, and local ordinances. Cf. David v. City of Dunedin, 473 So. 2d 304 (Fla. 2d DCA 1985) (finding null and void an ordinance enacted in violation of the notice provisions of the relevant statutes). Accordingly, we hold that all comprehensive plan amendments are legislative decisions subject to the fairly debatable st…
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LEE Cnty. v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)…readily available to property owners similarly affected by the rezoning decision. Although it is correct that a landowner may make a general attack on the validity of an ordinance without exhausting administrative remedies, David v. City of Dunedin, 473 So. 2d 304, 306 (Fla. 2d DCA 1985), where an ordinance is alleged to be unconstitutional only as applied to particular property, there must be an application for a variance or exception before a party may seek judicial review. Wood v. Twin Lakes Mobile Homes V…
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Anderson v. City OF ST. Pete Beach, 161 So. 3d 548 (Fla. 2d DCA 2014)…paper in the municipality is published less than 5 days a week. This court and others have held that zoning ordinances not strictly enacted pursuant to the notice provisions of section 166.041 are null and void. See, e.g., David v. City of Dunedin, 473 So. 2d 304, 306 (Fla. 2d DCA 1985) (“[T]he ordinance and its amendment are zoning ordinances which are null and void if not strictly enacted pursuant to the requirements of section 166.041.”); Coleman v. City of Key West, 807 So. 2d 84, 85 (Fla. 3d DCA 2001) (…
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- Home Health Prof'l Servs., Inc. v. Dep't of Health & Rehabilitative Servs., 463 So. 2d 345 (Fla. 1st DCA 1985)