Achoy Assisted Living, Inc. v. Agency For Health Care Admin.

Full title: Achoy Assisted Living, Inc., Appellant, v. Agency for Health Care…

Court: Florida Court of Appeals, Third District

Date published: Sep 20, 2023

No. 3D22-1402 (Fla. Dist. Ct. App. Sep. 20, 2023)

Opinion

3D22-1402

09-20-2023

Achoy Assisted Living, Inc., Appellant, v. Agency for Health Care Administration, Appellee.

Guilday Law, P.A., and Dwight O. Slater (Tallahassee), for appellant. Tracy Lee Cooper George, Chief Appellate Counsel, and Eleanor H. Sills, Assistant General Counsel (Tallahassee), for appellee.

FERNANDEZ, J.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the State of Florida, Agency for Health Care Administration, Lower Tribunal Nos. DOAH 21-2708, AHCA 2021006849

Guilday Law, P.A., and Dwight O. Slater (Tallahassee), for appellant.

Tracy Lee Cooper George, Chief Appellate Counsel, and Eleanor H. Sills, Assistant General Counsel (Tallahassee), for appellee.

Before FERNANDEZ, SCALES and BOKOR, JJ.

FERNANDEZ, J.

Achoy Assisted Living, Inc. appeals from a final order of the Agency for Health Care Administration (AHCA). In its final order, AHCA re-characterized numerous findings of fact by the administrative law judge (ALJ) as conclusions of law and rejected them, even though AHCA adopted all the factual findings the ALJ made in her recommended order. An agency may not avoid its responsibility to determine if substantial evidence supports the ALJ's findings of fact "by merely labeling . . . contrary findings as conclusions of law." Gross v. Dep't of Health, 819 So.2d 997, 1001 (Fla. 5th DCA 2002); see also Kinney v. Dep't of State, Div. of Licensing, 501 So.2d 129,132 (Fla. 5th DCA 1987) (citation omitted) ("Erroneously labeling what is essentially a factual determination a 'conclusion of law,' whether by the hearing officer or the agency does not make it so, and the obligation of the agency to honor the hearing officer's findings of fact may not be avoided by categorizing a contrary finding as a 'conclusion of law.'"); Pillsbury v. State, Dep't of Health &Rehab. Servs., 744 So.2d 1040, 1041 (Fla. 2d DCA 1999). Thus, AHCA could not reject the ALJ's findings of fact, even by labeling them conclusions of law, given that there was competent, substantial evidence to support the ALJ's findings. Accordingly, we reverse AHCA's Final Order and remand the case with instructions for AHCA to enter a final order in accordance with the ALJ's recommended order.

Reversed and remanded with instructions.