459 So. 2d 1063 | Fla. Dist. Ct. App. | 1984
On the eve of the day the Department of Health and Rehabilitative Services (HRS) proposed to issue a certificate of need (CON) to Manasota Osteopathic General Hospital (Manasota), Doctors’ Osteopathic Medical Center, Inc. (Gulf Coast) filed an Emergency Petition for Writ of Prohibition in this court. The petition sought to prohibit HRS from issuing a CON to Manasota on the grounds that such issuance would violate this court’s mandate in Gulf Coast Hospital, Inc. v. Department of Health and Rehabilitative Services, 424 So.2d 86 (Fla. 1st DCA 1982). After considering HRS’s response to our order to show cause and hearing oral argument in the matter, we have determined that a writ of prohibition would be inappropriate under the circumstances and instead issue this order to enforce our mandate in Gulf Coast Hospital, Inc., supra.
Six years ago Gulf Coast applied for. and was denied a CON to construct a 120 bed acute-care osteopathic hospital in Ft. Myers. Gulf Coast requested an administrative hearing. The hearing officer’s recommended order of denial was adopted by HRS. On appeal, this court held that HRS had applied the wrong criteria to Gulf Coast’s application, and that Gulf Coast had proved the criteria necessary for the issuance of a CON. This court determined that a CON for the osteopathic facility should have been granted, but because there was insufficient statistical evidence adduced to establish bed need, this court remanded with directions that HRS “authorize such sized facility as the evidence already adduced or further evidence which may be adduced establishes.” Gulf Coast Hospital, Inc., 424 So.2d at 93.
On remand, HRS granted Gulf Coast leave to amend its application. However, on May 31, 1983, HRS denied Gulf Coast’s amended application. Gulf Coast peti
In view of the present posture of the case, the court will accord HRS the opportunity to support and, if necessary, to correct its position, and the issues raised in these proceedings will be considered on appeal, if any, from the agency’s final order.
Doctors’ Osteopathic Medical Center v. Department of Health and Rehabilitative Services, Case No. AT-335, order dated October 26, 1983.
However, subsequent to this court’s opinion in Gulf Coast Hospital, Inc., supra, Manasota applied to HRS for a CON to construct an osteopathic hospital in Sarasota County, Florida. HRS denied Manaso-ta’s application and Manasota requested a formal administrative hearing. Gulf Coast moved to intervene in this administrative proceeding. On June 6, 1984, counsel for Gulf Coast learned that HRS intended to issue a CON to Manasota. The petition for prohibition now before us was filed the next day, and this court temporarily stayed the issuance of a CON to Manasota. Meanwhile, Gulf Coast’s formal administrative hearing before HRS was scheduled to (and did) take place on June 26, 27, and 28, 1984.
Since Sarasota County and Lee County, which encompasses the Ft. Myers area, are in the same service district, District VIII,
By way of observation, we note, as Gulf Coast correctly argues, that a party does not have jurisdiction to disobey a mandate of this court. We also note that counsel for HRS has assured this court, both by written response and in oral argument, that the issuance of a CON to Mana-sota will not affect Gulf Coast’s application because the number of beds granted to Manasota in its CON proceeding will not be taken into consideration in the determination of bed need in connection with Gulf
It is so ordered.
. See Section 20.19(4)(a), Florida Statutes (1983).
. See, Osteopathic Medical Hospital, Inc. v. Department of Health and Rehabilitative Services, 5 FALR 2294-A (October 13, 1983). In fairness, we note that in its response to the petition for prohibition in the case before us, HRS represents that osteopathic need is determined in the community, or service area, as opposed to on a district-wide basis, citing Section 381.494(2), Florida Statutes (1983). Our disposition of the present controversy does not require resolution of this point of contention between the parties.