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Ann Marie Johnson

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850-617-1276

Bar #826731(FL) License for 21 years

Jacksonville FL

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Florida Administrative Code: 11D-8.003, 11D-8.0035, 11D-8.004, 11D-8.017

15-1471 Ernie Montilla v. State of Florida (2015)

District Court of Appeal of Florida Filed: Apr. 13, 2015

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ERNIE MONTILLA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-1471 STATE OF FLORIDA, Respondent. _/ Opinion filed April 14, 2015. Petition Alleging Ineffective Assistance of Appellate Counsel - Original Jurisdiction. Ernie Montilla, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition alleging ineffective..

3D11-85 Major v. State (2011)

District Court of Appeal of Florida Filed: Feb. 16, 2011 Citations: 54 So. 3d 499

54 So. 3d 499 (2011) MAJOR v. STATE. No. 3D11-85. District Court of Appeal of Florida, Third District. February 16, 2011. DECISION WITHOUT PUBLISHED OPINION Affirmed.

14-001918RX JOHN GOODMAN vs FLORIDA DEPARTMENT OF LAW ENFORCEMENT (2014)

Division of Administrative Hearings, Florida Filed: Apr. 24, 2014

The issue in this case is whether Florida Administrative Code Rules 11D-8.012 and 11D-8.013 are invalid exercises of delegated legislative authority.The evidence fails to establish basis to invalidate implied consent rules.

16-002579RX JOHN DAVID ROUSE AND ELIZABETH G. YOSKIN vs DEPARTMENT OF LAW ENFORCEMENT (2016)

Division of Administrative Hearings, Florida Filed: May 10, 2016

Whether Florida Administrative Code Rule 11D-8.002(1) constitutes an invalid exercise of delegated legislative authority.Petitioners failed to demonstrate that the agency's rule governing allowable range of error in alcohol breath testing instruments is arbitrary and capricious.

12-003898RX HOA VUONG, ON BEHALF OF HIMSELF AND OTHER PALM BEACH COUNTY DUI DEFENDANTS (SEE ATTACHED LIST OF PETITIONERS) vs DEPARTMENT OF LAW ENFORCEMENT (2012)

Division of Administrative Hearings, Florida Filed: Dec. 04, 2012

The issue in this case is whether Florida Administrative Code rules cited herein are invalid exercises of delegated legislative authority.Challenged rules are not invalid exercises of delegated legislative authority.

13-001037RU ROBERT R. BERRY AND JILL HUMPHREY vs DEPARTMENT OF LAW ENFORCEMENT (2013)

Division of Administrative Hearings, Florida Filed: Mar. 19, 2013

The issue in this case is whether a form created by the Florida Department of Law Enforcement's Alcohol Testing Program constitutes a "rule" as defined at section 120.52(16), Florida Statutes (2012).1/The form created to track the processing of breath alcohol test instruments is not a "rule."

12-003282RX RAYMOND COLANTONIO, ET AL. vs DEPARTMENT OF LAW ENFORCEMENT (2012)

Division of Administrative Hearings, Florida Filed: Oct. 08, 2012

Whether Florida Administrative Code Rule 11D-8.003(2) is an "invalid exercise of delegated legislative authority" for the reasons alleged in the petition filed by Petitioners.Petitioners failed to prove that rule 11D-8.003(2), to the extent it approves the Intoxilyzer 8000 as a breath test device, is an invalid exercise of delegated legislative authority, within the meaning of section 120.52(8)(a), as they had alleged.