         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-3171
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BAYFRONT HMA MEDICAL
CENTER, LLC d/b/a BAYFRONT
HEALTH - ST. PETERSBURG,

    Appellant,

    v.

STATE OF FLORIDA, DEPARTMENT
OF HEALTH, and GALENCARE,
INC., d/b/a NORTHSIDE HOSPITAL,

    Appellees.
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On appeal from the Division of Administrative Hearings.
John D.C. Newton, II, Administrative Law Judge.

                        October 15, 2018


PER CURIAM.

     The recent convergence of this Court’s decision in State,
Department of Health v. Bayfront HMA Medical Center, LLC, 236
So. 3d 466 (Fla. 1st DCA 2018), and chapter 2018-66, Laws of
Florida, has rendered the instant appeal moot and subject to
dismissal. See Montgomery v. Dep’t of Health & Rehab. Servs., 468
So. 2d 1014, 1016-17 (Fla. 1st DCA 1985) (explaining that “[a] case
becomes moot, for purposes of appeal, where, by a change of
circumstances prior to the appellate decision, an intervening event
makes it impossible for the court to grant a party any effectual
relief,” and emphasizing that “[i]t is the function of a judicial
tribunal to decide actual controversies by a judgment which can be
carried into effect, and not to give opinions on moot questions, or
to declare principles or rules of law which cannot affect the matter
in issue”).

    DISMISSED.

WOLF, BILBREY, and JAY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Geoffrey D. Smith, Timothy B. Elliott, and Corinne T. Porcher of
Smith & Associates, Tallahassee, for Appellant.

Stephen A. Ecenia, David M. Maloney, and Gabriel F. V. Warren
of Rutledge Ecenia, P.A., Tallahassee, for Appellee Galencare, Inc.,
d/b/a Northside Hospital.

Jason Gonzalez and Amber Stoner of Shutts & Bowen LLP,
Tallahassee, for Appellee Florida Department of Health.




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