W. FRANK WELLS NURSING HOME, APPELLANT,
v.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, APPELLEE
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W. Frank Wells Nursing Home challenged an administrative dismissal order by the Agency for Health Care Administration (AHCA), arguing the Agency improperly applied the Agrico standing test to deny its request for an administrative hearing. The court reversed, holding that the Agrico test applies only to third-party interveners, not to directly named parties like the nursing home.
The Agrico standing test applies only to third parties seeking intervention, not to directly named parties. Because W. Frank Wells Nursing Home was a directly named party in the Agency's statement of deficiencies, the Agrico test was inapplicable, and the nursing home was entitled to an administrative hearing as a matter of right.
[1] The Agrico standing test applies only to third parties seeking to intervene in administrative proceedings, not to directly named parties whose substantial interests are a…
[2] A statement of deficiencies issued by the Agency for Health Care Administration constitutes final agency action when it is not investigatory in nature.
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Join FLexlaw to unlock all legal intelligence“the Agrico test only applies to third parties”
Establishes the foundational principle that the Agrico standing test is limited in scope to third-party interveners, not directly named parties.
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Join FLexlaw to unlock all legal intelligenceIn September 2006, AHCA mailed W. Frank Wells Nursing Home a statement of deficiencies for noncompliance with Florida law regarding a patient transfer…
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The appellant, W. Frank Wells Nursing Home, seeks review of the Florida Agency for Health Care Administration’s order of dismissal with prejudice. The appellant contends that the Agency inappropriately applied the Agrico standing test to its request for an administrative hearing as a directly named party. We agree and direct the Agency to hold an administrative hearing pursuant to section 120.57, Florida Statutes (2006).
The dispute underlying this appeal began in September 8, 2006, when the Agency mailed the appellant a statement of deficiencies for noncompliance with section 400.0255, Florida Statutes (2005), when it transferred a patient to the emergency room. The appellant requested a formal administrative hearing pursuant to section 120.57, Florida Statutes (2007), arguing that the statement of deficiencies constituted a final Agency action. The appellant’s request was subsequently denied by the Agency for failure to meet the Agrico and “stigma-plus” tests.
In Agrico Chemical Co. v. Department of Environmental Regulation, 406 So.2d 478, 479 (Fla. 2d DCA 1981), Agri-co’s competitors sought to intervene in its petition for a permit, arguing that their economic interests would be affected. The hearing officer granted the competitors standing to intervene. Id. at 480. The Second District reversed, finding that, pursuant to section 120.52(10)(b), Florida Statutes, the competitors had standing to intervene if they could establish that they had a substantial interest in the outcome of the proceedings by showing that: (1) they would “suffer injury in fact which is of sufficient immediacy to entitle [them] to a section 120.57 hearing; and (2) that [their] substantial injury is of a type and nature which the proceeding is designed to protect.” Id. at 481-82. “The first aspect of the test deals with the degree of injury. The second deals with the nature of the injury.” Id. at 482.
This Court has determined that the Agrico test only applies to third parties. See Maverick Media Group, Inc. v. Dep’t of Transp., 791 So.2d 491, 491 (Fla. 1st DCA 2001). In Maverick, the Department of Transportation (DOT) dismissed Maverick’s petition and denied its application for a sign permit. Id. at 492. The DOT determined that Maverick was not entitled to an administrative hearing because it could not meet the Agrico standing requirements. Id. at 492. This Court reversed the DOT, finding that Maverick had standing and that the Agrico test was inapplicable because Maverick was a specifically named party whose substantial interests were determined in the proceeding pursuant to sections 120.52(12)(a) and 479.08, Florida Statutes (1999). Id. at 492-93.
Additionally, in Menorah Manor, Inc. v. Agency for Health Care Administration, 908 So.2d 1100 (Fla. 1st DCA 2005), this Court determined that a statement of deficiencies was not investigatory in nature but constituted final agency action regarding the deficiencies alleged therein. See id. at 1103. Although this Court applied the Agrico test to a directly named party in Menorah, the parties in that case failed to dispute the applicability of the Agrico test. Thus, the Court did not consider it. As such, Maverick governs the analysis here.
In the instant case, because the nursing home is a directly named party, the Agrico test is inapplicable and the *75Agency’s statement of deficiencies constituted Agency action requiring an administrative hearing.
REVERSE and REMAND for an administrative hearing.
KAHN and THOMAS, JJ., concur.
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FT. Myers Real Est. Holdings, LLC v. Dep't of Bus. & Prof'l Reg., 53 So. 3d 1158 (Fla. 1st DCA 2011)…nt need not establish its standing under the “Agrico test,”5 which requires the type of non-speculative injury-in-fact that the Division found lacking in Appellant’s amended petition. See W. Frank Wells Nursing Home v. Agency for Health Care Admin., 27 So. 3d 73, 74 (Fla. 1st DCA 2009) (explaining that the Agrico test applies only to third parties seeking to challenge the intended issuance of a permit); Maverick Media Group, Inc. v. Dep’t of Tramp., 791 So. 2d 491, 492 (Fla. 1st DCA 2001) (same). Where, as…
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Prescription P'rs, LLC v. State, 109 So. 3d 1218 (Fla. 1st DCA 2013)…rtment’s dismissal of its petitions to that end. As for the two-pronged Agrico test, Partners contends that Agrico is relevant only to third party challenges to agency action. See W. Frank Wells Nursing Home v. State, Agency for Health Care Admin., 27 So. 3d 73, 74 (Fla. 1st DCA 2009) (holding “the Agrico test applies only to third parties”); Maverick Media Grp., Inc. v. State, Dep’t of Transp., 791 So. 2d 491 (Fla. 1st DCA 2001) (observing “[t]he standing requirements under Agrico were for the third-party…
Authorities Cited
- Agrico Chem. Co. v. Dep't OF Env't Reg., 406 So. 2d 478 (Fla. 2d DCA 1981)
- Menorah Manor, Inc. v. Agency for Health Care Admin., 908 So. 2d 1100 (Fla. 1st DCA 2005)
- McLEVY v. Charlynne A. McLEVY, 791 So. 2d 491 (Fla. 1st DCA 2001)