CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4859092
...§
395.402(2)-(3), Fla. Stat (2004) (emphasis added). This section also required that DOH “shall allocate, by rule, the number of trauma centers needed for each trauma service area.” §
395.402(4)(b), Fla. Stat. (2004) (emphasis added). Further, section
395.4015 required that rather than using the existing nineteen trauma service areas, DOH “shall establish trauma regions that cover all geographical areas of the state and have boundaries that are coterminous with the boundaries of the regional domestic security task forces established under s.
943.0312.” §
395.4015, Fla....
...This court recently affirmed the ALJ’s determination that rule 64J-2.010 was invalid. Dep’t of Health v. Bayfront Med. Ctr., Inc., — So.3d -, 37 Fla. L. Weekly D2754 ,
2012 WL 5971201 (Fla. 1st DCA 2012). This court reasoned that although the rule purported to implement sections
395.401,
395.4015, and
395.402, the rule had not been changed since these statutes were “substantially amended.” Id....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 20567, 2012 WL 5971201
...Code constituted an invalid exercise of delegated legislative authority. The subject rule allocates trauma centers throughout the state of Florida. It purports to be authorized by section
395.405, Florida Statutes and to implement sections
395.401,
395.4015,
395.402, and
395.405....
...“[T]he authority to adopt an administrative rule must be based upon an explicit power or duty identified in the enabling statute. Otherwise, the rule is not a valid exercise of delegated legislative authority.” Id. In the Final Order, the judge found that, although the rule claims to implement sections
395.401,
395.4015 and
395.402, none of these statutes can serve as rule-making authority for rule 64J-2.010....
...As such, the rule continues to implement the outdated provisions of these statutes, without implementing any of the enumerated statutes. The Department has not updated the rule to conform to the 2004 amendments or the 2005 Assessment. The rule does not implement the 2004 amendment to section 395.4015, which governs state regional trauma planning and trauma regions....
...wever, the 2004 amendment requires that the trauma regions both “cover all geographical areas of the state and have boundaries that are coterminous with the boundaries of the regional domestic security task forces established under s.
943.0312.” §
395.4015(1), Fla. Stat. (2004). Because the rule continues to set forth *1020 nineteen trauma service areas that are not coterminous with the boundaries of the seven regional domestic security task forces, it does not implement the changes in the 2004 version of section
395.4015....
...gions annually after 2005. See §
395.402(4), Fla. Stat. (2004). Finally, the rule also states that it implements section
395.405. That section merely provides, “The department shall adopt and enforce all rules necessary to administer ss.
395.401,
395.4015,
395.402,
395.4025,
395.403,
395.404, and
395.4045.” This is no more than a general grant of authority to adopt and enforce necessary rules....
