FARMWORKER RIGHTS ORGANIZATION, INC., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND LEHIGH ACRES HOSPITAL, APPELLEES
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A farmworker rights organization appealed the dismissal of its request for a formal administrative proceeding challenging a hospital's certificate of need. The court reversed, holding that trade or professional associations have standing to participate in administrative proceedings under Florida law if they meet specified criteria regarding member impact and organizational interest.
A trade or professional association has standing to request a formal proceeding under section 120.57(1) if it demonstrates that a substantial number of its members are substantially affected by the matter, the subject matter is within the association's general scope of interest and activity, and the relief requested is appropriate for the association to receive on behalf of its members.
[1] A trade or professional association has standing to institute a rule challenge under section 120.56(1), Florida Statutes, even when acting solely as a representative of i…
[2] The standing requirements for associations established for rule challenges under section 120.56(1), Florida Statutes, should be extended to formal administrative proceedi…
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Join FLexlaw to unlock all legal intelligence“a trade or professional association has standing to institute a rule challenge under section 120.56(1), Florida Statutes (1979), even though it acted solely as the representative of its members, provided the following requirements are met: (1) the association demonstrates that a substantial number of its members, although not necessarily a majority, are substantially affected by the challenged rule; (2) the subject matter of the challenged rule is within the association's general scope of interest and activity; and (3) the relief requested is of a type appropriate for a trade association to receive on behalf of its members”
Establishes the three-part test for association standing adopted from Florida Home Builders Association
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Join FLexlaw to unlock all legal intelligenceHRS awarded Lehigh Acres Hospital a certificate of need to construct a 100-bed acute care hospital in Lehigh Acres, Florida. Farmworker Rights Organiz…
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SHIVERS, Judge.
Appellant appeals the dismissal by the Department of Health and Rehabilitative Services (HRS) of its request for a formal administrative proceeding pursuant to section 120.57(1), Florida Statutes (1979).
Appellee, HRS, awarded appellee, Lehigh Acres Hospital, a certificate of need to construct a one hundred bed acute care hospital in Lehigh Acres, Florida. Appellant objected and requested a formal administrative proceeding pursuant to section 120.-57(1), Florida Statutes (1979). In denying this petition, HRS relied on the standing requirements for associations as set forth in Florida Department of Offender Rehabilitation v. Jerry, 353 So. 2d 1230 (Fla. 1st DCA 1978), and Florida Department of Education v. Florida Education Association/United, AFT-AFL-CIO, 378 So. 2d 893 (Fla. 1st DCA 1979), and concluded that since no individual was made a party to the petition, appellant lacked standing to request a section 120.57 proceeding. This appeal followed.
On the basis of the Florida Supreme Court’s recent decision in Florida Home Builders Association, et al., v. Department of Labor and Employment Security, 412 So. 2d 351 (Fla.1982), we reverse the denial of appellant’s request for a formal proceeding pursuant to section 120.57(1), Florida Statutes (1979). In Florida Home Builders, the Supreme Court of Florida held that a trade or professional association has standing to institute a rule challenge under section 120.56(1), Florida Statutes (1979), even though it acted solely as the representative of its members, provided the following requirements are met:
(1) the association demonstrates that a substantial number of its members, although not necessarily a majority, are substantially affected by the challenged rule;
(2) the subject matter of the challenged rule is within the association’s general scope of interest and activity; and (3) the relief requested is of a type appropriate for a trade association to receive on behalf of its members.
Id. at 353-54.
Although Florida Home Builders involved a rule challenge under section 120.56, rather than a request for a formal proceeding pursuant to section 120.57(1), we find that the standing requirements for associations as set forth in Florida Home Builders should be extended to section 120.57(1) proceedings. For the purpose of standing, there is no significant difference between a section 120.56(1) and a section 120.57(1) proceeding. In order to establish standing in the former case a person must show that he has been “substantially affected” by the challenged rule, while in the latter case a party must show that his “substantial interests” are being determined. Based on the similarities between the standing requirements of these two sections, we now hold that the standing requirements for associations as set forth in Florida Home Builders shall apply equally in both section 120.56(1) and section 120.57(1) proceedings.
We REVERSE the order of HRS and REMAND for a determination of standing consistent with this opinion.
McCORD and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Fla. Soc'y OF Ophthalmology, 538 So. 2d 878 (Fla. 1st DCA 1988)…ts” under section 120.57, as adjudicated in Florida Society of Ophthalmology, and petitioners’ being “substantially affected” persons under section 120.56. See Farmworker Rights Organization, Inc. v. Department of Health and Rehabilitative Services, 417 So. 2d 753, 754 (Fla. 1st DCA 1982). [*882] For these reasons, we hold that petitioners lack standing to maintain this proceeding and reverse the hearing officer’s ruling to the contrary.1 II. THE DEPARTMENT’S STANDING Section 455.217, Florida Statutes (198…
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Caloosa Prop. Owners Ass'n, Inc. v. Palm Beach Cnty. Bd. OF Cnty. Comm'rs, 429 So. 2d 1260 (Fla. 1st DCA 1983)…lders Association v. Department of Labor and Employment Security, 412 So. 2d 351 (Fla.1982), to a section 120.56(1) rule challenge proceeding, and extended in Farmworkers Rights Organization, Inc. v. Department of Health and Rehabilitative Services, 417 So. 2d 753 (Fla. 1st DCA 1982) to section 120.57(1) proceedings. Thus, the members of the association need only show that their substantial interests are either affected or determined by the proposed action. Again, admittedly, proceedings before the Commission…
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Fla. Soc'y OF Ophthalmology v. State of Fla. Bd. OF Optometry & State of Fla. Dep't of Prof'l Reg., 532 So. 2d 1279 (Fla. 1st DCA 1988)….-0055. Thus, while the petitioning associations, FSO and FMA, may have standing to represent their members’ interests before the Board in this licensing proceeding, Farmworker Rights Organization v. Department of Health and Rehabilitative Services, 417 So. 2d 753 (Fla. 1st DCA 1982),9 the standing of both the appellant physicians and appellant associations is necessarily predicated upon a finding that their substantial interests will be injuriously affected by the Board’s action. Yet their alleged objections…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fla. Dep't OF Offender Rehab. v. Leroy Jerry and the Florida Division of Administrative Hearings, 353 So. 2d 1230 (Fla. 1st DCA 1978)
- Fla. Home Builders Ass'n v. Dep't OF Labor & Emp. Sec., 412 So. 2d 351 (Fla. 1982)
- Fla. Dep't OF Educ. v. Florida Education Association/United, 378 So. 2d 893 (Fla. 1st DCA 1979)