MUHAMMED SIDDEEQ, PETITIONER,
v.
TALLAHASSEE MEMORIAL HOSPITAL, RESPONDENT; BENNIE MAE BRADHAM, PETITIONER, V. TALLAHASSEE MEMORIAL HOSPITAL, RESPONDENT
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ERVIN, Judge.
Petitioners contend that respondent Tallahassee Memorial Hospital is an “agency” within the meaning of Section 120.52(l)(c), Florida Statutes (1977), and erroneously denied their request for a Section 120.57 hearing to determine whether they had a right to uncompensated services of the hospital. We disagree and affirm.
The municipal hospital board of Tallahassee Memorial Hospital was created by special act of the legislature in Chapter 65-2299, Laws of Florida (1965). As part of the municipality, and because no general or special law mandates otherwise, the Board is not an “agency” within the meaning of Section 120.52(l)(c). Compare Amerson v. Jacksonville Electric Authority, 362 So. 2d 433 (Fla. 1st DCA 1978), where we recently held the Jacksonville Electric Authority, a municipally-owned corporation, was not an “agency” subject to the Administrative Procedures Act.
AFFIRMED.
SMITH, Acting C. J., and MITCHELL, HENRY CLAY, Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Booker Creek Pres., Inc. v. Pinellas Planning Council, 433 So. 2d 1306 (Fla. 2d DCA 1983)…y organizations created by special act, similar to the PPC, not to be agencies subject to the APA. See Hillsborough County Environmental Protection Commission v. Williams, 426 So. 2d 1285 (Fla. 2d DCA 1983); Siddeeq v. Tallahassee Memorial Hospital, 364 So. 2d 99 (Fla. 1st DCA 1978). In those cases, as in the case at bar, no general or special law or existing judicial decision made the organization subject to the APA. While it is true that, as Booker Creek argues, the PPC performs some functions of a chapte…
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Hillsborough Cnty. Env't Prot. Comm'n v. Williams, 426 So. 2d 1285 (Fla. 2d DCA 1983)…of 1973 and contains only statutes of general and permanent nature. § 11.2421, Florida Statutes (1973). Hence, as the petitioner, HCEPC, was created by a special act, section 120.72 will not apply to it. See Siddeeq v. Tallahassee Memorial Hospital, 364 So. 2d 99 (Fla. 1st DCA 1978). In Siddeeq, the petitioner sought review of an order by the municipal hospital board of Tallahassee Memorial Hospital. The municipal board was created by special act of the legislature in Chapter 65-2299, Laws of Florida. The c…
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Leonard A. Rubinstein, M.D. v. Sarasota Cnty. Pub. Hosp. Bd., 498 So. 2d 1012 (Fla. 2d DCA 1986)…courts have also declined to apply the APA to intercounty agencies created by special act. See, e.g., Hillsborough County Environmental Protection Commission v. Williams, 426 So. 2d 1285 (Fla. 2d DCA 1983); Siddeeq v. Tallahassee Memorial Hospital, 364 So. 2d 99 (Fla. 1st DCA 1978). Similarly, the territorial jurisdiction of the hospital board in the present case is coextensive with the county in which it operates. The fact that the Hillsborough County Environmental Protection Commission is distinguishable…
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- Thomas v. State, 362 So. 2d 433 (Fla. 1st DCA 1978)