Leon FL and Government Lawyers | Christopher Dale McGuire -- eLawyers

09-001546 NESTLE WATERS NORTH AMERICA, INC. vs ANGELO`S AGGREGATE MATERIALS, LTD., D/B/A ANGELO`S RECYCLED MATERIALS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2009)

Division of Administrative Hearings, Florida Filed: Mar. 23, 2009

The issue to be determined in this proceeding is whether Angelo's Aggregate Materials, LTD ("Angelo's") is entitled to permits from the Department of Environmental Protection ("Department") to construct and operate a Class I landfill in Pasco County.The applicant for construction and operation permits for a Class I landfill failed to provide reasonable assurance that the proposed landfill would meet all applicable permitting criteria.

96-001112RU CITY OF STUART vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Mar. 01, 1996

Whether Respondent's statement of a health-based level for arsenic concentration in soil of residential property is in violation of Section 120.54(1)(a), Florida Statutes, formerly Section 120.535.Agency statement of arsenic health-based levels of contamination is a rule and should be promulgated.

89-005663RP BROWNING-FERRIS INDUSTRIES, INC. vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1989)

Division of Administrative Hearings, Florida Filed: Oct. 13, 1989

Whether the Department of Environmental Regulation's proposed amendment of Rule 17-704.420(1)(c), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority.Whether the proposed rule which denies certification for equipment that collects and trasport waste is invalid.

90-002146RX WASTE MANAGEMENT OF FLORIDA, INC. vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1990)

Division of Administrative Hearings, Florida Filed: Mar. 30, 1990

Whether the Florida Department of Environmental Regulation's (DER's) inclusion in Rule 17701.050(5)(d)1, Florida Administrative Code, of the sentence, "The bottom of the liner shall be constructed above the 10-year seasonal high groundwater level" (the challenged sentence), constitutes an invalid exercise of delegated legislative authority and whether the economic impact statement accompanying this rule is inadequate.Proposed rule invalid as arbitrary and vague. Defective Economic Impact Statement is material failure to follow rule-making procedures.

20-001766BID BDG PARKWOOD LOFTS, LP vs CHRISTIAN MANOR RESTORATION, LLC, AND FLORIDA HOUSING FINANCE CORPORATION (2020)

Division of Administrative Hearings, Florida Filed: Apr. 09, 2020

The issues presented for determination are whether Florida Housing Finance Corporation’s (FHFC) determinations regarding the applications responding to Request for Applications 2019-116 SAIL Financing of Affordable Multifamily Housing Development to Be Used In Conjunction With Tax-Exempt Bond Financing And Non-Competitive Housing Credits (the RFA), were clearly erroneous, contrary to competition, arbitrary, or capricious; and whether the award to Respondent Christian Manor Restoration, LLC (Christian Manor), is contrary to governing statutes, rules, or the solicitation specifications of the RFA.FHFC's determination of eligibility and intended award were consistent with statutes, rules, and the RFA, and not clearly erroneous, contrary to competition, arbitrary or capricious. Any mistakes in geographic coordinates were minor irregularities.

20-003582BID LA ESTANCIA, LTD vs FLORIDA HOUSING FINANCE CORPORATION (2020)

Division of Administrative Hearings, Florida Filed: Aug. 13, 2020

The issue is whether Florida Housing Finance Corporation’s (“Florida Housing”) review and scoring of the applications responding to RFA 2020-104 SAIL Funding for Farm Worker and Commercial Fishing Worker Housing (“the RFA”) were clearly erroneous, contrary to competition, arbitrary, or capricious.The greater weight of the evidence indicates that Florida Housing’s review and scoring of the applications responding to the RFA were not clearly erroneous, contrary to competition, arbitrary, or capricious.

21-000146BID MADISON LANDING II, LLC AND ARC 2020, LLC AND NEW SOUTH RESIDENTIAL, LLC vs FLORIDA HOUSING FINANCE CORPORATION (2021)

Division of Administrative Hearings, Florida Filed: Jan. 13, 2021

The issue in this case is whether Florida Housing's proposed action to deem Madison Landing eligible for an award of housing tax credit funds, as contemplated under Request for Applications 2020-202 Housing Credit Financing for Affordable Housing Developments Located in Broward, Duval, Hillsborough, Orange, Palm Beach and Pinellas Counties ("the 2020 RFA"), is contrary to governing statutes, rules or policies, or the 2020 RFA specifications. The standard of proof is whether Florida Housing's proposed action is clearly erroneous, contrary to competition, arbitrary, or capricious.Florida Housing’s proposed action to deem Madison Landing eligible for an award of housing tax credit funds, as contemplated under a Request for Applications, was not clearly erroneous, contrary to competition, arbitrary, or capricious.

21-000147BID HTG MADISON PARK, LTD vs FLORIDA HOUSING FINANCE CORPORATION (2021)

Division of Administrative Hearings, Florida Filed: Jan. 13, 2021

The issue in this case is whether Florida Housing's proposed action to deem Madison Landing eligible for an award of housing tax credit funds, as contemplated under Request for Applications 2020-202 Housing Credit Financing for Affordable Housing Developments Located in Broward, Duval, Hillsborough, Orange, Palm Beach and Pinellas Counties ("the 2020 RFA"), is contrary to governing statutes, rules or policies, or the 2020 RFA specifications. The standard of proof is whether Florida Housing's proposed action is clearly erroneous, contrary to competition, arbitrary, or capricious.Florida Housing’s proposed action to deem Madison Landing eligible for an award of housing tax credit funds, as contemplated under a Request for Applications, was not clearly erroneous, contrary to competition, arbitrary, or capricious.

21-000610BID ARTHUR MAYS VILLAS PHASE ONE, LLC vs FLORIDA HOUSING FINANCE CORPORATION AND MHP FL I, LLC (2021)

Division of Administrative Hearings, Florida Filed: Feb. 15, 2021

The issue in this bid protest matter is whether Respondent, Florida Housing Finance Corporation's, intended award of funding under Request for Applications 2020-203 was contrary to its governing statutes, rules, or the solicitation specifications.Petitioner failed to prove that Florida Housing’s intended award of housing tax credits is contrary to its governing statutes, rules, or the solicitation specifications.

21-000725BID HTG ASTORIA, LTD vs FLORIDA HOUSING FINANCE CORPORATION (2021)

Division of Administrative Hearings, Florida Filed: Feb. 23, 2021

Whether Florida Housing Finance Corporation’s (“Florida Housing”) preliminary award of funding to University Station I, LLC (“University Station”), was clearly erroneous, contrary to competition, arbitrary or capricious, or contrary to Florida Housing’s governing statutes, rules, policies, or RFA specifications.Petitioner failed to carry its burden of demonstrating that Florida Housing's proposed award to University Station was clearly erroneous, contrary to competition, arbitrary, or capricious.

Christopher Dale McGuire