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David Keller Miller
David Keller Miller
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Bar #213128(FL)     License for 48 years
Tallahassee FL

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SC15-774  Dan Sowell, etc. v. Panama Commons L.P.  (2016)
Supreme Court of Florida Filed: Jun. 02, 2016
Supreme Court of Florida _ No. SC15-774 _ DAN SOWELL, et al., Appellants, vs. PANAMA COMMONS L.P., Appellee. [June 2, 2016] POLSTON, J. In Stranburg v. Panama Commons L.P., 160 So. 3d 160 (Fla. 1st DCA 2015), the First District Court of Appeal held that Panama Commons’ right to due process was violated by applying the 2013 repeal of the ad valorem tax exemption under section 196.1978, Florida Statutes (2012), to the 2013 tax year.1 However, because Panama Commons’ interest in the tax exemption un..
Bankruptcy No. 91-12294-8P1  In Re Koger Properties, Inc.  (1994)
United States Bankruptcy Court, M.D. Florida Filed: Jul. 05, 1994 Citations: 172 B.R. 351
172 B.R. 351 (1994) In re KOGER PROPERTIES, INC., Debtor. Bankruptcy No. 91-12294-8P1. United States Bankruptcy Court, M.D. Florida, Tampa Division. July 5, 1994. *352 Harley E. Riedel, Scott A. Stichter, Tampa, FL, Barry Seidel, Miami, FL, for debtor. Joel Piassick, Atlanta, GA, Michael Horan, Tampa, FL, Helen K. Hobbs, Pinellas County Attorney's Office, Clearwater, FL, for Creditors Committee. ORDER ON MOTION SEEKING A DETERMINATION OF TAX LIABILITY TO ST. PETERSBURG ALEXANDER L. PASKAY, Chief ..
18-001574BID  TALLAHASSEE CORPORATE CENTER, LLC vs DEPARTMENT OF HEALTH  (2018)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2018
Whether the Florida Department of Health’s (“Respondent” or “Department”) determination that Tallahassee Corporate Center, LLC (“Petitioner” or “TCC”) submitted a nonresponsive reply to the Department’s Invitation to Negotiate (“ITN”) No. 640:0040 is contrary to the Department’s governing statutes, rules, policies, or the solicitation specifications; and, if so, whether the decision was clearly erroneous, contrary to competition, arbitrary, or capricious.Petitioner did not prove the Department's decision that Petitioner's reply was nonresponsive, was contrary to the Department's statutes, rules, policies, or the ITN specifications; or was clearly erroneous, contrary to competiton, arbitrary or capricious.
18-000371BID  TALLAHASSEE CORPORATE CENTER, LLC vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION  (2018)
Division of Administrative Hearings, Florida Filed: Jan. 19, 2018
Whether the Florida Fish and Wildlife Conservation Commission’s (“Respondent” or “FWC”) determination that Tallahassee Corporate Center, LLC (“Petitioner” or “TCC”), submitted a nonresponsive reply to FWC’s Invitation to Negotiate (“ITN”) No. 770-0235 is contrary to the Commission’s governing statutes, the agency’s rules or policies, or the solicitation specifications; and, if so, whether it was clearly erroneous, contrary to competition, arbitrary, or capricious.Petitioner did not demonstrate that the proposed agency action was clearly erroneous, contrary to competition or arbitrary and capricious.
14-004296RP  COSTA FARMS, LLC vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Sep. 15, 2014
Whether the proposed rules that comprise Florida Administrative Code Chapter 64-4 (Proposed Rules) constitute an invalid exercise of delegated legislative authority?The challenged proposed rules regulating low-THC cannabis, including the use of a lottery system to select five dispensaries statewide, are an invalid exercise of delegated legislative authority.
14-004299RP  PLANTS OF RUSKIN, INC. vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Sep. 15, 2014
Whether the proposed rules that comprise Florida Administrative Code Chapter 64-4 (Proposed Rules) constitute an invalid exercise of delegated legislative authority?The challenged proposed rules regulating low-THC cannabis, including the use of a lottery system to select five dispensaries statewide, are an invalid exercise of delegated legislative authority.
14-004517RP  FLORIDA MEDICAL CANNABIS ASSOCIATION vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Sep. 26, 2014
Whether the proposed rules that comprise Florida Administrative Code Chapter 64-4 (Proposed Rules) constitute an invalid exercise of delegated legislative authority?The challenged proposed rules regulating low-THC cannabis, including the use of a lottery system to select five dispensaries statewide, are an invalid exercise of delegated legislative authority.
14-004547RP  TORNELLO LANDSCAPE CORP. vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Sep. 29, 2014
Whether the proposed rules that comprise Florida Administrative Code Chapter 64-4 (Proposed Rules) constitute an invalid exercise of delegated legislative authority?The challenged proposed rules regulating low-THC cannabis, including the use of a lottery system to select five dispensaries statewide, are an invalid exercise of delegated legislative authority.
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.
12-003463RX  FLORIDA INSTITUTE FOR NEUROLOGIC REHABILITATION vs DEPARTMENT OF HEALTH  (2012)
Division of Administrative Hearings, Florida Filed: Oct. 19, 2012
Whether Florida Administrative Code Rule 64I-1.005(1)(b) enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority pursuant to section 120.52(8), Florida Statutes.Department Rule 64I-1.005(1)(b) is an invalid exercise of delegated legislative authority, persuant to section 120.52(8), Florida Statutes, because it enlarges and contravenes the law implemented, and is arbitrary and capricious.

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