Leon FL Administrative law, Health care and Licensing Lawyer -- eLawyers

07-002469BID GLOBAL TEL*LINK CORPORATION vs DEPARTMENT OF CORRECTIONS (2007)

Division of Administrative Hearings, Florida Filed: Jun. 01, 2007

The issue is whether the Department of Corrections' decision to award a contract to Intervenor Securus Technologies, Inc., is lawful.Petitioners alleged that Intervenor Securus was not responsive to Respondent`s Invitation to Negotiate. Contrary to Petitioners` assertion, Securus was responsive.

08-004916 STATE FARM FLORIDA INSURANCE COMPANY vs OFFICE OF INSURANCE REGULATION (2008)

Division of Administrative Hearings, Florida Filed: Oct. 02, 2008

The issue is whether Petitioner has shown by a preponderance of the evidence that an indicated rate increase of 67.0 percent, or, in the alternative, a requested rate increase of 47.1 percent, is not excessive, inadequate, or unfairly discriminatory within the meaning of Subsections 627.062(2)(b), paragraphs 1, 2, 5, 8, 10 through 12, and 14; 627.062(2)(e), paragraphs 1, 3, 6, and 10; 627.062(2)(j); 627.0628; 627.0629; and 627.06291, Florida Statutes (2008).1Fact-finder is unable to determine from a preponderance of the evidence whether either the indicated or requested rates in the rate filing are not excessive, inadequate, or unfairly discriminatory.

06-002291BID MAE VOLEN SENIOR CENTER, INC. vs AREA AGENCY ON AGING PALM BEACH/TREASURE COAST, INC. (2006)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2008

FOR LACK OF SUBJECT MATTER JURISDICTION Pursuant to notice, a motion hearing was held in this case on July 13, 2006, with the parties attending by telephone, before Patricia M. Hart, a duly-designated Administrative Law Judge of the Division of Administrative Hearings.An Area Agency on Aging is not an "agency" as defined in Section 120.52(1) and not subject to Chapter 120. DOAH has no jurisdiction under Section 120.65(4) to conduct an administrative hearing; petition for a hearing is dismissed.

08-001310RP HARTMAN AND TYNER, INC., D/B/A MARDI GRAS GAMING vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2008)

Division of Administrative Hearings, Florida Filed: Mar. 14, 2008

Whether the Respondent's Proposed Rule 61D-11.012(5)(d) constitutes an invalid exercise of delegated legislative authority pursuant to Section 120.52(8)(c) and (e), Florida Statutes, as set forth in the Petition Challenging the Validity of Proposed Rule 61D-11.012(5)(d) filed March 14, 2008.Proposed Rule 61D-11.012(5)(d) contravened provisions of Section 849.086(7)(b) and is arbitrary. The proposed rule is, therefore, an invalid exercise of delegated legislative authority.

08-001468 LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2008

Whether Respondent properly denied Lamar Outdoor Advertising's Petition for Waiver or Variance from Florida Administrative Code Rule 14-10.007(2)(b).Petitioner failed to prove that the purpose of the underlying statute could be achieved by other means or denial of the variance would create a substantial hardship. The variance is denied.

07-004823BID EROSION STOPPERS, INC. vs DEPARTMENT OF TRANSPORTATION (2007)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2007

Whether the Department’s intended award of contract E2K97 for Asset Maintenance of the Duval County Roadways is contrary to the agency’s governing statutes, the agency rules or policies or the bid or proposal specifications.Petitioner failed to establish that bid award to another bidder was clearly erroneous, contrary to competition, or an abuse of discretion by the agency. Recommend that the bid protest be dismissed.

05-002609RP THE FLORIDA INSURANCE COUNCIL, INC. vs OFFICE OF INSURANCE REGULATION AND THE FINANCIAL SERVICES COMMISSION (2005)

Division of Administrative Hearings, Florida Filed: Jul. 20, 2005

Whether proposed Rules 69O-175.003, 69O-170.005 through 007, 69O-170.013, 69O-170.0135, 69O-170.014, 69O-170.0141, 69O-170.0142, 69O-170.0143, and 69O-170.0155 (Proposed Rules) are invalid exercises of delegated legislative authority.Corrected Final Order underlining the text of Proposed Rule 690-170.13(2)(b).

07-004410BID INFRASTRUCTURE CORPORATION OF AMERICA vs DEPARTMENT OF TRANSPORTATION (2007)

Division of Administrative Hearings, Florida Filed: Sep. 24, 2007

The issue is whether the proposed award of Contract No. E1G23 to DeAngelo Brothers, Inc. d/b/a DBI Services Corporation (DBI) is contrary to the Department of Transportation’s governing statutes, rules, policies, or the specifications in the Request for Proposals (RFP).Petitioner failed to prove that proposed contract award was erroneous. Recommended dismissal of petition.

07-004609BID ECKERD YOUTH ALTERNATIVES, INC. vs DEPARTMENT OF JUVENILE JUSTICE (2007)

Division of Administrative Hearings, Florida Filed: Jan. 08, 2007

The issue is whether the proposed award of the contract for Request for Proposals (RFP) No. P2032 to Daniel Memorial, Inc. (Daniel), is contrary to the specifications of the RFP.Petitioner failed to prove that proposed contract award was erroneous. Recommend dismissal of petition.

04-004490RP THE FLORIDA INSURANCE COUNCIL, INC. vs DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF INSURANCE REGULATION AND FINANCIAL SERVICES COMMISSION (2004)

Division of Administrative Hearings, Florida Filed: Dec. 17, 2004

Whether proposed Rules 69O-175.003, 69O-170.005-007, 69O- 170.013, 69O-170.0135. 69O-170.014, 69O-170.0141, 69O-170.0142, and 69O-170.0155 are valid exercises of delegated rulemaking authority.The Florida Insurance Commission is the agency head for purposes of rulemaking and must at a minimum approve the language of a proposed rule before a Notice of Proposed Rule is published.

Cynthia Skelton Tunnicliff