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

19-005140BID LIFE INSURANCE COMPANY OF THE SOUTHWEST, D/B/A NATIONAL LIFE GROUP vs BROWARD COUNTY SCHOOL BOARD (2019)

Division of Administrative Hearings, Florida Filed: Sep. 25, 2019

The issues for determination in this case are whether Respondent, The School Board of Broward County, Florida’s (“SBBC” or “Respondent”), determination not to award a contract to Petitioner, Life Insurance Company of the Southwest, d/b/a National Life Group (“LSW” or “Petitioner”), is clearly erroneous, contrary to competition, or arbitrary and capricious, and whether LSW should be awarded a contract under the request for proposals (“RFP”). Intervenor, AXA Equitable Life Insurance Company (“AXA” or “Intervenor”), has intervened in these proceedings to support its substantial interests in SBBC’s intended award to AXA under the RFP.Protester LSW failed to show Broward School Board's proposed contract award is contrary to governing statutes, policies, or specifications, or its actions were clearly erroneous, contrary to competition, or arbitrary or capricious.

14-003549BID LIFE INSURANCE COMPANY OF THE SOUTHWEST vs BROWARD COUNTY SCHOOL BOARD (2014)

Division of Administrative Hearings, Florida Filed: Jul. 30, 2014

Whether the recommended decision to award AXA Equitable Life Insurance Company ("AXA Equitable") a contract to provide 403(b) annuity retirement products to employees of Respondent, Broward County School Board ("School Board"), is clearly erroneous, arbitrary, capricious, contrary to competition, contrary to the School Board's governing statutes, rules or policies, or contrary to the specifications within Request for Proposal ("RFP") 15-010P; and, if so, whether Petitioner, Life Insurance Company of the Southwest ("LSW"), should be awarded a contract to provide annuity retirement products to School Board employees pursuant to the RFP.Petitioner proved that other bidder's proposal for supplemental retirement annuity contract was non-responsive, materially deviated from the RFP, and violated provisions within Section 120.57(3)(f), Florida Statutes.

13-003685RX GUARDIAN INTERLOCK, INC. vs DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (2013)

Division of Administrative Hearings, Florida Filed: Sep. 23, 2013

Whether Florida Administrative Code Rule 15A-9.006(2) (the Rule) is an invalid exercise of delegated legislative authority, pursuant to section 120.52(8)(b), (c), and (d), Florida Statutes.Rule 15A-9.006(2) is invalid execise of delegated leg authority because of lack of authority, enlarging of law implemented, and vesting unbridled discretion in agency. Mfr of ignition interlock device has standing to challenge rule reqg contracts.

11-001495 FT. MYERS REAL ESTATE HOLDINGS, LLC vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2011)

Division of Administrative Hearings, Florida Filed: Mar. 21, 2011

This case has been bifurcated (as described more fully below). The issues in the present portion of this case are as follows: 1. Whether Respondent, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (the "Division"), engaged in undue or unreasonable delay in processing Petitioner, Ft. Myers Real Estate Holdings, LLC's ("Ft. Myers"), application for a quarter horse racing permit. 2. Whether the Division repeatedly denied Ft. Myers' application for a quarter horse racing permit. 3. Whether the Division denied Ft. Myers' petitions for hearing for the purpose of ensuring application of the new law, effective July 1, 2010, that made quarter horse racing permit applications subject to the limitations contained in section 550.554, Florida Statutes (2010).1/The Department did not take improper actions when processing Petitioner's application for a quarter hourse racing permit. The 2010 version of section 550.334 applies to Petitioner.

11-005827RU GUARANTEE TRUST LIFE INSURANCE COMPANY vs FINANCIAL SERVICES COMMISSION AND OFFICE OF INSURANCE REGULATION (2011)

Division of Administrative Hearings, Florida Filed: Nov. 15, 2011

Whether the Amended Notice and Order to Show Cause issued in DOAH Case Number 11-1150, with which this unadopted rule challenge is now consolidated, contains an agency statement that comes within the definition of a rule but has not been adopted through rulemaking procedures, in violation of section 120.54(1)(a), Florida Statutes, and if so, whether costs and attorney’s fees should be awarded.Administrative Complaint alleging that facts constitute a facial violation of a statute is not a statement of agency policy and does not constitute an unadopted rule; the Petition is dismissed.

11-001150 OFFICE OF INSURANCE REGULATION vs GUARANTEE TRUST LIFE INSURANCE COMPANY (2011)

Division of Administrative Hearings, Florida Filed: Mar. 03, 2011

Whether Respondent has violated sections 627.6675, 626.9541(1)(a)1., 626.9541(1)(a)6., or 626.9541(1)(b), Florida Statutes, as pled in the Amended Notice and Order to Show Cause, and if so, what is the appropriate penalty.A termination letter that misleadingly informed of guaranteed issue policies but not conversion rights violated the Unfair Insurance Trade Practice Act, but other charges were not proved by clear and convincing evidence.

08-001717RU FLORIDA ASSOCIATION FOR CHILD CARE MANAGEMENT, INC. vs EARLY LEARNING COALITION OF DUVAL AND AGENCY FOR WORKFORCE INNOVATION (2008)

Division of Administrative Hearings, Florida Filed: Apr. 08, 2008

Whether the Early Learning Coalition of Duval (ELC of Duval) is a state agency as defined in Section 120.52, Florida Statutes, and whether the quality improvement rating system identified in Petitioner's Amended Petition is an agency statement that constitutes an unadopted rule in violation of Section 120.54(1)(a), Florida Statutes.Petitioner`s challenge to Guiding Stars program implemented by Early Learning Coalition of Duval is dismissed because Petitioner did not demonstrate standing; ELC of Duval is not a state agency and Guiding Stars program is not a statement by AWI.

09-000696CON PUNTA GORDA HMA, LLC, D/B/A CHARLOTTE REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION AND THE PAVILION AT HEALTHPARK, LLC (2009)

Division of Administrative Hearings, Florida Filed: Feb. 10, 2009

Whether CON application No. 10034, for a new psychiatric hospital to be constructed in Agency for Health Care Administration Health Planning District 8, should be approved.Special circumstances exist in a unique county that make the approval of the psychiatric hospital appropriate.

08-001408RX LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 19, 2008

Whether Florida Administrative Code Rule 14-10.007(2)(b) is an invalid exercise of delegated legislative authority by enlarging, modifying, or contravening the provisions of the law implemented, or is arbitrary or capricious.Petitioner failed to prove that the challenged rule was an invalid exercise of legislative authority by enlarging, modifying or contravening the provisions of the law implemented, or is arbitrary or capricious. The Rule is upheld.

07-002468BID VERIZON BUSINESS NETWORK SERVICES, INC., ON BEHALF OF MCI COMMUNICATIONS, INC., D/B/A VERIZON BUSINESS SERVICES 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.

Cynthia Skelton Tunnicliff