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Brian David Berkowitz
Brian David Berkowitz
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Bar #361984(FL)     License for 41 years
Tallahassee FL

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10-002194  ESCAMBIA COUNTY vs DEPARTMENT OF JUVENILE JUSTICE  (2010)
Division of Administrative Hearings, Florida Filed: Apr. 22, 2010
The issue in these consolidated cases is whether the Department of Juvenile Justice (the "Department") assessed Petitioners and Intervenor counties for secure juvenile detention care for fiscal year 2008-2009 in a manner consistent with the provisions of section 985.686, Florida Statutes, and Florida Administrative Code Rules 63G-1.001 through 63G-1.009.1/Department of Juvenile Justice improperly calculated counties' contributions to Shared County/State Juvenile Detention Trust Fund for fiscal year 2008-2009.
10-002195  HERNANDO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA vs DEPARTMENT OF JUVENILE JUSTICE  (2010)
Division of Administrative Hearings, Florida Filed: Apr. 22, 2010
The issue in these consolidated cases is whether the Department of Juvenile Justice (the "Department") assessed Petitioners and Intervenor counties for secure juvenile detention care for fiscal year 2008-2009 in a manner consistent with the provisions of section 985.686, Florida Statutes, and Florida Administrative Code Rules 63G-1.001 through 63G-1.009.1/Department of Juvenile Justice improperly calculated counties' contributions to Shared County/State Juvenile Detention Trust Fund for fiscal year 2008-2009.
10-003166  BROWARD COUNTY vs DEPARTMENT OF JUVENILE JUSTICE  (2010)
Division of Administrative Hearings, Florida Filed: Jun. 10, 2010
The issue in these consolidated cases is whether the Department of Juvenile Justice (the "Department") assessed Petitioners and Intervenor counties for secure juvenile detention care for fiscal year 2008-2009 in a manner consistent with the provisions of section 985.686, Florida Statutes, and Florida Administrative Code Rules 63G-1.001 through 63G-1.009.1/Department of Juvenile Justice improperly calculated counties' contributions to Shared County/State Juvenile Detention Trust Fund for fiscal year 2008-2009.
09-003546  HILLSBOROUGH COUNTY vs DEPARTMENT OF JUVENILE JUSTICE  (2009)
Division of Administrative Hearings, Florida Filed: Jul. 02, 2009
The issue in this case is whether Respondent assessed Petitioner for secure juvenile detention care for the 2007-2008 fiscal year in a manner that implements Section 985.686, Florida Statutes, 1 and Florida Administrative Code Chapter 63G-1.Petition should be dismissed, where Respondent simply followed its own unchallenged rule in calculating Petitioner's costs for predisposition secure juvenile detention care.
09-004340  HILLSBOROUGH COUNTY, FLORIDA vs DEPARTMENT OF JUVENILE JUSTICE  (2009)
Division of Administrative Hearings, Florida Filed: Aug. 17, 2009
The issue in this case is whether the Department of Juvenile Justice (Respondent) properly assessed secure juvenile detention center costs charged to Hillsborough County, Florida (Petitioner), pursuant to Section 985.686, Florida Statutes (2009).Respondent has no legal authority to issue multiple amended annual reconciliation statements for the same fiscal year.
09-001396  HILLSBOROUGH COUNTY vs DEPARTMENT OF JUVENILE JUSTICE  (2009)
Division of Administrative Hearings, Florida Filed: Mar. 18, 2009
The issue in this case is whether the Department of Juvenile Justice (Respondent) properly calculated secure juvenile detention center expenses for which Hillsborough County (Petitioner) is responsible under state law.Detention facility cost allocation requires adjustment.
07-004398  HILLSBOROUGH COUNTY vs DEPARTMENT OF JUVENILE JUSTICE  (2007)
Division of Administrative Hearings, Florida Filed: Sep. 24, 2007
The issue is whether Respondent assessed Petitioner for secure juvenile detention care for the 2007-2008 fiscal year in a manner that implements Section 985.686, Florida Statutes (2007), and Florida Administrative Code Rule 63G-1.1 Agency that assesses county for juvenile detention care based on methodology different than methodology prescribed by rule must credit county for overcharge.
07-004432  HILLSBOROUGH COUNTY vs DEPARTMENT OF JUVENILE JUSTICE  (2007)
Division of Administrative Hearings, Florida Filed: Sep. 26, 2007
The issue is whether Respondent assessed Petitioner for secure juvenile detention care for the 2007-2008 fiscal year in a manner that implements Section 985.686, Florida Statutes (2007), and Florida Administrative Code Rule 63G-1.1 Agency that assesses county for juvenile detention care based on calculation of utilization days without imput from the county must credit county for overcharge.
05-002447BID  KEYSTONE EDUCATION AND YOUTH SERVICES vs DEPARTMENT OF JUVENILE JUSTICE  (2005)
Division of Administrative Hearings, Florida Filed: Jul. 08, 2005
The issue in this proceeding is whether the Department of Juvenile Justice’s (“Department”) proposed award of Request For Proposals (RFP) D7102 is clearly erroneous and contrary to competition, arbitrary or capricious.The evidence did not establish that the award of the Request for Proposals violated Chapter 112, Florida Statutes where the former deputy director was employed by the winning bidder.
05-001540BID  BAY POINT SCHOOLS, INC. vs DEPARTMENT OF JUVENILE JUSTICE  (2005)
Division of Administrative Hearings, Florida Filed: Apr. 27, 2005
The issue is whether Petitioner has proved that the challenged provisions in a Request for Proposal for an 88-slot conditional-release program in Circuit 11 are clearly erroneous, contrary to competition, arbitrary, or capricious.The provisions of the request for proposal that delegated calculation of the financial responsibility score to Dun and Bradstreet, using a secret formula, and failed to include enforceable performance standard in the contract, are contrary to competition.

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