A judge has ruled there is not an immediate danger that gives Florida Gov. Rick Scott the authority to order nursing homes to install generators.

  • Administrative judge overrules nursing home emergency rule
  • Rule required facilities to have backup generators
  • Judge said there was no immediate danger needing the rule

An administrative judge on Friday ruled against the Scott administration after nursing homes and assisted living facilities challenged emergency rules put in place after Hurricane Irma.

Those rules required nursing homes and assisted living facilities to have generators capable of providing backup power for four days.

Scott called for the rules after 14 residents at the Rehabilitation Center at Hollywood Hills died in the days after Irma wiped out power to much of South Florida.

Scott spokesman McKinley Lewis called the decision "disappointing" and said the governor would appeal:

“It’s disappointing that DOAH issued a shortsighted ruling against protecting lives and elderly Floridians. This ruling is in stark contrast with the favorable ruling the First District Court of Appeal issued last week that affirmed these rules were justified by the emergency circumstances. We will file an immediate appeal to the First DCA.

“AHCA will continue the public rule making process, and we will also continue our work with the Florida Legislature to make these critical rules permanent. We will not let special interests get in the way of these life-saving measures.”

The 1st District Court of Appeal last week sided with the governor in a separate legal challenge.