AMERICAN HEALTHCORP OF VERO BEACH, INC., PETITIONER,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENT
AMERICAN HEALTHCORP OF VERO BEACH, INC., PETITIONER,
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENT
488 So. 2d 824
Florida Supreme Court (1986)
Positive Treatment
Cited by 18 cases
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Opinion of the Court
PER CURIAM.
We have for review Department of Health and Rehabilitative Services v. American Healthcorp, 471 So. 2d 1312 (Fla. 1st DCA 1985). In denying American Healthcorp’s motion for rehearing, the district court certified the following question:
Is the Department of Health and Rehabilitative Services, by reason of the language in section 381.494(8)(c), Florida Statutes (Supp.1982), providing that if the department fails to take certain action within the time specified therein, that the applicant “may take appropriate legal action, including relief pursuant to the Administrative Procedure Act,” exempted from the general language of section 120.60(2), Florida Statutes (1981), requiring issuance of a license if an agency fails to act within the time specified therein?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the affirmative, and adopt the majority opinion of the First District Court of Appeal.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH, SHAW and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Carrick A. Scates v. State, 603 So. 2d 504 (Fla. 1992)…tatute covering a particular subject is controlling over a statutory provision covering the same subject in more general terms. Department of Health & Rehabilitative Servs. v. American Health-corp., 471 So. 2d 1312, 1315 (Fla. 1st DCA1985), adopted, 488 So. 2d 824 (Fla.1986). In such a case, the more narrowly drawn statute operates as an exception to or qualification of the general terms of the more comprehensive statute. Floyd v. Bentley, 496 So. 2d 862, 864 (Fla. 2d DCA1986), review denied, 504 So. 2d 767 (…
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Booker T. Lincoln v. Fla. Parole Comm'n, 643 So. 2d 668 (Fla. 1st DCA 1994)…onflict, the more specific statute controls over the more general statute addressing the same subject. Department of Health and Rehabilitative Services v. American Healthcorp of Vero Beach, Inc., 471 So. 2d 1312 (Fla. 1st DCA 1985), opinion adopted, 488 So. 2d 824 (Fla.1986). We do not believe the Legislature intended to enact a comprehensive program for extended supervision of habitual and violent habitual offenders released by reason of gain-time allowances, only to declare the program unavailable for many…
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Alford v. G. Pierce Woods Mem'l Hosp. & State of Florida/Division of Risk Mgmt., 621 So. 2d 1380 (Fla. 1st DCA 1993)…dealing with a particular subject is controlling over a statute that covers the same subject more generally. Department of Health & Rehab. Servs. v. American Healthcorp of Vero Beach, Inc., 471 So. 2d 1312, 1315 (Fla. 1st DCA 1985), opinion adopted, 488 So. 2d 824 (Fla.1986). As an example, Professor Ehrhardt observes: “The Florida Legislature has enacted special limitations on the qualifications of experts in medical malpractice actions.” Charles W. Ehrhardt, Florida Evidence § 702.1, at 468 (1992). Thus, se…
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- Dep't of Health & Rehabilitative Servs. v. Am. Healthcorp of Vero Beach, Inc., 471 So. 2d 1312 (Fla. 1st DCA 1985)