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17-005801RE NATURE'S WAY NURSERY OF MIAMI, INC. vs FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE BRANCH AGENCY OF THE STATE OF FLORIDA (2017)

Division of Administrative Hearings, Florida Filed: Oct. 19, 2017

The issues to be decided are (i) whether Emergency Rule 64ER17-7(1)(b)-(d) constitutes an invalid exercise of delegated legislative authority, and (ii) whether Respondent's scoring methodology, which comprises several policies and procedures for determining the aggregate scores of the nurseries that applied for Dispensing Organization licenses in 2015, constitutes an unadopted rule.Rule 64ER17-7(1)(b)-(d) constitutes an invalid exercise of delegated legislative authority, and the policies upon which Respondent based its scoring of nurseries in the 2015 dispensing-organization application cycle constitute an unadopted rule.

18-000720RU NATURE'S WAY NURSERY OF MIAMI, INC. vs FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE BRANCH AGENCY OF THE STATE OF FLORIDA (2018)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2018

Rule 64ER17-7(1)(b)-(d) constitutes an invalid exercise of delegated legislative authority, and the policies upon which Respondent based its scoring of nurseries in the 2015 dispensing-organization application cycle constitute an unadopted rule.

18-002838RP LOUIS DEL FAVERO ORCHIDS, INC. vs FLORIDA DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE (2018)

Division of Administrative Hearings, Florida Filed: Jun. 01, 2018

The issue in this case is whether proposed Florida Administrative Code Rule 64-4.002 (the “Proposed Rule”) is an invalid exercise of the legislative authority delegated to the Department of Health (the “Department”).Petitioner proved that the Proposed Rule is an invalid exercise of delegated legislative authority.

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.

18-000721 NATURE'S WAY NURSERY OF MIAMI, INC. vs FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE BRANCH AGENCY OF THE STATE OF FLORIDA (2018)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2018

The issue to be decided is whether Petitioner meets the "within-one-point" condition of eligibility for licensure as a medical marijuana treatment center under section 381.986(8)(a)2.a., Florida Statutes.Petitioner meets the "within-one-point" condition of eligibility for licensure as a medical marijuana treatment center.

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.

17-005800BID FLUOR-ASTALDI-MCM, JOINT VENTURE vs DEPARTMENT OF TRANSPORTATION (2017)

Division of Administrative Hearings, Florida Filed: Oct. 19, 2017

Whether Respondent, Department of Transportation’s (“Department” or DOT”), notice of intent to award a contract to Intervenor, Archer Western De-Moya, Joint Venture (“AWD”), for a transportation project involving the design and reconstruction of federal and state roadways in Miami, Florida (“the Project”), is contrary to governing statutes, DOT’s rules, or the bid specifications; and, if so, whether the award is contrary to competition, clearly erroneous, or arbitrary and capricious.Petitioner did not prove the Department's intended award to the Intervenor for a design-build project pursuant to section 334.30, Florida Statutes, was clearly erroneous, contrary to competition, arbitrary or capricious.

17-000116 PLANTS OF RUSKIN, INC. vs DEPARTMENT OF HEALTH (2017)

Division of Administrative Hearings, Florida Filed: Jan. 09, 2017

The issue to be decided is which of the Petitioners, based upon a systematic comparison of their relevant characteristics, is the most qualified, relative to the other, to receive a license to operate as a medical marijuana dispensing organization in Florida's southwest region.Based upon a comparative review, the Petitioners are, in fact, equally qualified to receive a dispensing organization license; both should be licensed, if possible, but if not, the Petitioner having the slightly higher score should be approved,

17-000117 TORNELLO LANDSCAPE CORP., D/B/A 3 BOYS FARM vs DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE, AND ALPHA FOLIAGE, INC. (2017)

Division of Administrative Hearings, Florida Filed: Jan. 09, 2017

The issue to be decided is which of the Petitioners, based upon a systematic comparison of their relevant characteristics, is the most qualified, relative to the other, to receive a license to operate as a medical marijuana dispensing organization in Florida's southwest region.Based upon a comparative review, the Petitioners are, in fact, equally qualified to receive a dispensing organization license; both should be licensed, if possible, but if not, the Petitioner having the slightly higher score should be approved,

15-007274 LOOP'S NURSERY AND GREENHOUSES, INC. vs DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE (2015)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2015

The issue in this case is whether Petitioner, Loop’s Nursery & Greenhouses, Inc. (“Loop’s”), was entitled to be a dispensing organization under section 381.986, Florida Statutes, and applicable rules when its application was reviewed by Respondent, Department of Health, Office of Compassionate Use (the “Department” or “OCU”), in July through November 2015. Unless specifically stated otherwise herein, all references to Florida Statutes shall be to the 2015 version, as this case involves a backwards-looking, retrospective assessment of the Loop’s application.Petitioner did not prove, by a preponderance of evidence, that its application to be a dispensing organization should have been approved.

Eduardo S Lombard