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Cynthia Skelton Tunnicliff
Cynthia Skelton Tunnicliff
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Bar #134939(FL)     License for 54 years
Tallahassee FL

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99-005254RX  DANIEL G. HENNESSEY vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING  (1999)
Division of Administrative Hearings, Florida Filed: Dec. 10, 1999
Whether Rule 61D-6.002(1), Florida Administrative Code, is an invalid exercise of delegated legislative authority.Rule 61D-6.002 is a valid exercise of delegated legislative authority.
01-003020BID  BROWN SCHOOLS OF FLORIDA, INC. vs DEPARTMENT OF JUVENILE JUSTICE  (2001)
Division of Administrative Hearings, Florida Filed: Jul. 26, 2001
Whether the proposed action to award a contract to the Intervenor, Three Springs, Inc., is clearly erroneous, contrary to competition, arbitrary, or capricious.Bias exhibited in deflated score of Petitioner not sufficient to overcome correct scoring attributed to successful offeror.
01-001900BID  LIBERTY-CLARK, L.L.C. vs CORRECTIONAL PRIVATIZATION COMMISSION AND DEPARTMENT OF CHILDREN AND FAMILY SERVICES  (2001)
Division of Administrative Hearings, Florida Filed: May 15, 2001
The issues to be resolved in this proceeding concern whether the Correctional Privatization Commission (Commission) correctly evaluated, tabulated and ranked the scores of the proposals for designing, financing, acquiring, leasing, constructing and operating a 600-bed secure civil confinement and treatment facility for sexually violent predators. Embodied within this general issue are questions concerning: Whether the proposal submitted by the Petitioner, Liberty-Clark, L.L.C. (Petitioner Liberty-Clark) is materially responsive to the RFP; Whether the Commission's treatment of the alternate design costs of Liberty-Clark is clearly erroneous, contrary to competition, arbitrary or capricious; Whether the Commission's interpretation of the cost- scoring provisions of the RFP is clearly erroneous, contrary to competition, arbitrary or capricious; Whether the Commission's interpretation of the insurance requirements of the RFP is clearly erroneous, contrary to competition, arbitrary or capricious; and Whether the Commission's scoring of the implementation schedule of the intervenor, Atlantic Shores Healthcare Inc., (ASH) is clearly erroneous, contrary to competition, arbitrary or capricious.Petitioner failed to show its score and evaluation was sufficiently erroneous as to entitle it to highest ranking in Request for Proposal response evaluation. Score should be higher, but Intervenor entitled to more score also to preserve agency`s ranking.
00-001202  MORSE DIESEL CIVIL, LLC vs DEPARTMENT OF TRANSPORTATION  (2000)
Division of Administrative Hearings, Florida Filed: Mar. 20, 2000
Whether Respondent, Department of Transportation (DOT), properly denied Petitioner's Application for Qualification to perform work on DOT contracts which exceed $250,000.00 pursuant to Chapter 337, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code.Department of Transportation improperly denied Petitioner`s Application for Qualification to perform construction work on Department contracts.
97-004844F  MICHAEL CRUDELE vs DEPARTMENT OF INSURANCE  (1997)
Division of Administrative Hearings, Florida Filed: Oct. 17, 1997
The issue in this case is whether the Respondent, the Department of Insurance, should pay reasonable attorney fees and costs to Crudele under Section 57.111, Florida Statutes (1997), the Florida Equal Access to Justice Act, after Crudele appealed and reversed the Department's Emergency Order of Suspension.Licensee reversed emergency suspension order on appeal and asked for fees and costs under Florida Statutes 57.111. Final Order: Licensee didn't get a final order, so he was nor the 'prevailing party.' No award.
98-000631RX  MATHEWS L. BRILLIS AND INSURANCE SCHOOL OF CONTINUING EDUCATION, INC. vs DEPARTMENT OF INSURANCE  (1998)
Division of Administrative Hearings, Florida Filed: Feb. 05, 1998
The issues in this case are whether Florida Administrative Code Rules 4-228.040(1), (2)(d) and (3)(b); 4.228-090(5); 4-228.100(2); 4-228.160(1) and (6); 4-228.170; 4-228.210; and 4-228.220 constitute an invalid exercise of delegated legislative authority. (Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect as of the date of this Order.)Rule regulating providers of CE courses, when statute authorizes only regulation of courses, is an invalid exercise of delegated legislative authority.
97-002915  DEPARTMENT OF INSURANCE vs MATHEWS LOUIS BRILLIS  (1997)
Division of Administrative Hearings, Florida Filed: Jun. 23, 1997
The issues in this case are whether Respondent, Matthew Brillis ("Brillis"), and Respondent, Insurance School of Continuing Education (the "Insurance School"), violated Sections 626.611(7), (9), and (13), Sections 626.621(2), (3), (6), and (12), and Sections 626.9521(1) and 626.9541(1)(e)1, Florida Statutes (1997), and Florida Administrative Code Rules 4- 228.040(2)(d) and (3)(b), 4.228-090(5), 4-228.100(2), 4- 228.160(1) and (6), and 4-228.170 by submitting invoice and roster forms to the state for a cancelled class of continuing education, and, if so, what, if any, penalty should be imposed. (All references to chapters and sections are to Florida Statutes (1997) unless otherwise stated. Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect as of the date of this Order.)Instructor who cancelled course and told school employees to notify state of cancellation is not guilty of fraud and misrepresentation when employees erroneously requested the state to give credit for the cancelled courses.
97-002603  DEPARTMENT OF INSURANCE vs MICHAEL JOSEPH CRUDELE  (1997)
Division of Administrative Hearings, Florida Filed: Jun. 04, 1997
The issue in this case is whether the Respondent, Michael Crudele, should be disciplined for alleged violations of the statutes and rules governing the conduct of insurance agents.R participated in surrender of annuity and purchase of risky Zuma note by elderly widow on fixed income. R had conflicting roles and did not fully disclose.
96-004058CON  HOME HEALTH CARE SERVICES, D/B/A SOUTHMED HEALTH CARE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (1996)
Division of Administrative Hearings, Florida Filed: Aug. 28, 1996
Whether there is need for any new Medicare certified home health agencies in AHCA District III, and if so, whether the applications filed with the Agency by the two petitioners in this case meet criteria for the award of a certificate of need?Two applications in District three for Medicare certified home health agency Certificate Of Needs (CONs) are unique and should be granted.
94-004909  HMY NEW YACHT SALES, INC. vs DEPARTMENT OF REVENUE  (1994)
Division of Administrative Hearings, Florida Filed: Sep. 02, 1994
The issue presented is whether HMY New Yacht Sales, Inc., is liable for the payment of use tax, together with penalty and interest, on a yacht which it purchased for resale and for use as a demonstrator.Registered boat dealer not subject to use tax on vessel purchased for resale and used only as a demonstrator despite change in treatment on its books.

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