Duval FL and Commercial real estate Lawyers | Gregory Geral -- eLawyers

10-009189 RAFAIY ALKHALIFA vs DEPARTMENT OF FINANCIAL SERVICES (2010)

Division of Administrative Hearings, Florida Filed: Sep. 17, 2010

Whether Rafaiy Alkhalifa (Petitioner) is entitled to a change of name and change of location for the funeral establishment operating pursuant to the subject license because Respondent failed to approve or deny the requested change within 90 days as required by the "deemer" provision set forth in section 120.60(1). If the "deemer" provision was not triggered, whether Petitioner is otherwise entitled to a change of name and change of location for the funeral establishment operating pursuant to the subject license."Deemer" provison not triggered because of timely verbal denial of application. Competing claims to a license following divorce should be resolved by court.

08-003938 TIMES PUBLISHING, CO. vs DEPARTMENT OF REVENUE (2008)

Division of Administrative Hearings, Florida Filed: Aug. 14, 2008

The issue is whether Petitioner showed by a preponderance of the evidence that it is entitled to a refund of $1,500,216.60 in sales and use tax paid during the period from January 2005 through January 2007 to purchase industrial printing machinery that allegedly satisfied the statutory requirement for a 10 percent increase in productive output for printing facilities that manufacture, process, compound or produce tangible personal property at fixed locations in the state within the meaning of Subsection 212.08(5)(b), Florida Statutes (2005), and Florida Administrative Rule 12A-1.096.1/Exemptions in Subsections 212.08(5)(b) and 212.08(5)(1)(g), Florida Statutes, are properly read in pari materia to treat inserts as component parts of a newspaper rather than separate production to satisfy the 10% requirement in Subsection 212.08(5)(b).

08-003939 TIMES PUBLISHING, CO. vs DEPARTMENT OF REVENUE (2008)

Division of Administrative Hearings, Florida Filed: Aug. 14, 2008

The issue is whether Petitioner showed by a preponderance of the evidence that it is entitled to a refund of $1,500,216.60 in sales and use tax paid during the period from January 2005 through January 2007 to purchase industrial printing machinery that allegedly satisfied the statutory requirement for a 10 percent increase in productive output for printing facilities that manufacture, process, compound or produce tangible personal property at fixed locations in the state within the meaning of Subsection 212.08(5)(b), Florida Statutes (2005), and Florida Administrative Rule 12A-1.096.1/Exemptions in Subsections 212.08(5)(b) and 212.08(5)(1)(g), Florida Statutes, are properly read in pari materia to treat inserts as component parts of a newspaper rather than separate production to satisfy the 10% requirement in Subsection 212.08(5)(b).

07-000321EC IN RE: RUDOLPH "RUDY" BRADLEY vs * (2007)

Division of Administrative Hearings, Florida Filed: Jan. 17, 2007

The issue for determination is whether Respondent, as a member of the Public Service Commission, violated Section 350.042, Florida Statutes, by knowingly receiving an ex parte communication from a utility company regarding a matter that was being considered at a Public Service Commission proceeding and failing to place the communication on the record within 15 days of its receipt.Respondent`s failure to place an ex parte communication on the record violates Section 350.042, Florida Statutes, and requires the imposition of a $5,000 civil penalty.

06-000798RX MICHAEL JOHN BADANEK, D.C. vs DEPARTMENT OF HEALTH, DIVISION OF MEDICAL QUALITY ASSURANCE, BOARD OF CHIROPRATIC MEDICINE (2006)

Division of Administrative Hearings, Florida Filed: Mar. 06, 2006

The issue in this case is whether Florida Administrative Code Rule Subsections 64B2-15.001(2)(e), (i), and (l) constitute an invalid exercise of delegated legislative authority in that they exceed Respondent's rulemaking authority or enlarge, modify, or contravene the law the Rule implements.Petitioner failed to prove that Rule 64B2-15.001(2)(e), (i) and (l), Florida Administrative Code, exceeded Respondent`s rule-making authority or enlarges, modifies, or contravenes the law implemented.

05-003232PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CHARLES EDWARD MARTIN (2005)

Division of Administrative Hearings, Florida Filed: Sep. 06, 2005

The issue presented is whether Petitioner proved the allegations contained in the Administrative Complaint filed against Respondent, and, if so, what disciplinary action should be taken against him, if any.Sexual battery does not relate to the practice of surveying and mapping, and Respondent`s crime did not relate factually to his practice of surveying.

03-004433 A. ALEXANDER JACOBY, M.D. vs DEPARTMENT OF HEALTH, BOARD OF MEDICINE (2003)

Division of Administrative Hearings, Florida Filed: Nov. 25, 2003

The issues in this case are: (1) whether Petitioner’s application pursuant to Section 458.315, Florida Statutes, for a temporary certificate to practice in an area of critical need should be granted or denied; and (2) whether Petitioner is entitled to withdraw his application prior to action by the Board of Medicine on the merits of the application.Absent a specific statute or rule, Respondent lacks the authority to allow the withdrawal of applications. Recommend the application for a temporary certificate to practice medicine in an area of critical need should be granted.

98-000363 BOARD OF NURSING HOME ADMINISTRATORS vs JUDITH ORTIZ (1998)

Division of Administrative Hearings, Florida Filed: Jan. 15, 1998

The issue for consideration in this case is whether Respondent’s license as a nursing home administrator in Florida should be disciplined because of the matters alleged in the Administrative Complaint filed herein.Administrator`s failure to ensure proper care plans were developed and implemented in nursing home where she was administrator constituted negligence and incompetence, but not enough evidence to support revocation of license.

99-005247 GARY RANDALL OSTOSKI vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE (1999)

Division of Administrative Hearings, Florida Filed: Dec. 13, 1999

The issue in this case is whether Respondent should grant Petitioner's request for licensure by endorsement as a physical therapist pursuant to Sections 486.031 or 486.081, Florida Statutes (1997), and Florida Administrative Code Rule 64B17- (All statutory references are to Florida Statutes (1997) unless otherwise stated. All references to rules are to rules promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.)Applicant who received a Bachelor of Science from a non-accredited foreign university, passed the national examination in Colorado, and is licensed in Colorado is entitled to a Florida license.

96-001217 BOARD OF MEDICINE vs DANIEL J. ROSENTHAL (1996)

Division of Administrative Hearings, Florida Filed: Mar. 05, 1996

This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of alleged violations of paragraphs (m) and (t) of Section 458.331(1), Florida Statutes. By stipulation the parties have resolved all issues other than a determination as to what penalty is appropriate.Physician's efforts to prevent possibility of future violations warrants some mitigation of penalty.

Gregory Gerald Foster