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FL Supreme CourtFebruary 24, 2022Quashed⚡ Circuit Split Resolved

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Case No. SC20-1814

AHCA administratively withdrew Ybor Clinic's incomplete license renewal application, and the Second DCA granted the clinic an automatic stay under section 120.68(3), Florida Statutes, certifying conflict with the First DCA's Beach Club decision. The Florida Supreme Court quashed the Second DCA decision, holding that the administrative withdrawal of a renewal license application is not an agency decision that 'has the effect of suspending or revoking a license' because it does not act on an existing license.

Key facts

  • Agency for Health Care Administration administratively withdrew Ybor Medical Injury & Accident Clinic's incomplete license renewal application.
  • The Second District Court of Appeal granted Ybor Clinic an automatic stay under section 120.68(3), Florida Statutes, certifying conflict with the First District Court of Appeal's Beach Club decision.
  • +2 more key facts with a free trial

Why it matters

This resolves a district conflict on a recurring question for any regulated licensee appealing adverse agency action: administrative withdrawal of a renewal application yields no automatic stay under section 120.68(3)… — full analysis with a trial

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