Leon FL Administrative law, Antitrust and trade law and Gove -- eLawyers

93-006291CON AZALEA TRACE, INC. vs FLORIDA CONVALESCENT CENTERS, INC., D/B/A PALM GARDEN OF WINTER HAVEN (1993)

Division of Administrative Hearings, Florida Filed: Mar. 14, 1995

West Florida's Motion for Summary Recommended Order Dismissing Azalea Trace (the Motion) has two grounds: That the letter of intent of Petitioner is fatally flawed because the Executive Committee of Azalea Trace, acting for the Board of Directors, lacked the authority to commit the Petitioner to a project costing in excess of $250,000 without the approval of Baptist Health Care Corporation. That the letter of intent of Petitioner is fatally flawed because the Executive Committee filed the letter of intent and appropriate resolution which the Executive Committee had passed on May 17, 1993, but the Board of Directors did not approve the resolution until May 24, 1993.HO Dism'd Pet because P's Bd lacked auth. to obligate Corp. to project under bylaws. HRS remanded finding a distinction betw commitment & approval.Settle

92-003779 SAMUEL L. DAY, JR. vs LIBERTY NATIONAL LIFE INSURANCE COMPANY (1992)

Division of Administrative Hearings, Florida Filed: Jun. 24, 1992

The ultimate issue is whether the Respondent, Liberty National Life Insurance Company (Liberty National), engaged in an unlawful employment practice be discriminating against the Petitioner, Samuel L. Day, Jr., (Day) on account of sex.Claimant failed to carry burden of proving prima facia case of sex discrimination.

91-002949CON COMMUNITY HOSPITAL OF THE PALM BEACHES, INC., D/B/A COLUMBIA HOSPITAL vs GLENBEIGH HOSPITAL OF PALM BEACH INC.; BOCA RATON COMMUNITY HOSPITAL, INC.; AND AGENCY FOR HEALTH CARE ADMINISTRATION (1991)

Division of Administrative Hearings, Florida Filed: May 10, 1991

Which, if any, of the four certificate of need applications for short-term psychiatric beds in Department of Health and Rehabilitative Services District 9 should be approved.No need for additional short term psychiatric beds even though numeric need indicated; low occupancy in like and existing providers below rule levels.

90-001036RP FLORIDA LEAGUE OF HOSPITALS, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Feb. 09, 1990

The issue in these consolidated cases is whether proposed amendments to Rule 10-5.011(1)(o), and (p) F.A.C. relating to certificates of need for hospital inpatient general psychiatric services, are invalid exercises of delegated legislative authority, as defined in Section 120.52(8), F.S.Proposed amendment to substance abuse Certificate Of Need rules abolish short/long term distinction and create separate adult/child registration-valid with a few exceptions

88-001590 AMERICAN LITTORAL SOCIETY, SIERRA CLUB, AND CORAL REEF SOCIETY, INC. vs. CITY OF BOCA RATON AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1988)

Division of Administrative Hearings, Florida Latest Update: May 03, 1988

The issue is whether the Department of Environmental Regulation (DER) should modify permit number 599070329, issued to the City of Boca Raton (City), to allow construction of an approved beach restoration project to commence on May 1, 1988, rather than on June 1, 1988.Construction date for beach renourishment advanced to minimize conflict with turtle nesting season. Damage to coral reef by advance of date unlikely.

20-004844BID ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., D/B/A GALLAGHER vs THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FL (2020)

Division of Administrative Hearings, Florida Filed: Nov. 02, 2020

Whether Respondent's, School Board of Miami-Dade County (“Board”), decision to award a contract to Intervenor, Marsh USA, Inc. (“Marsh” or “Intervenor”), pursuant to Request for Proposal Number 019-010-CM (Risk Management and Insurance Broker Services), was clearly erroneous, arbitrary or capricious, or contrary to competition.Petitioner failed to establish that the Intervenor's proposal was non-responsive or that any challenged determinations or actions by Respondent were arbitrary, capricious, clearly erroneous, or contrary to competition.

21-000888CON SEASONS HOSPICE AND PALLIATIVE CARE OF PINELLAS COUNTY, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION (2021)

Division of Administrative Hearings, Florida Filed: Mar. 09, 2021

Whether there is “an error in the Fixed Need Pool numbers” for hospice as calculated by the Agency for Health Care Administration (“AHCA”) pursuant to Florida Administrative Code Rule 59C-1.0355(4)(a), and as published by AHCA on February 5, 2021, pursuant to rule 59C-1.008(2)(a).Petitioners have failed to demonstrate that the FNP determination under challenge herein is in error. Not proper to consider "provisional" deaths data and VA hospice admissions.

21-000889CON THE HOSPICE OF FLORIDA SUNCOAST, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2021)