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  8. Herschel Connor Minnis
Herschel Connor Minnis
Herschel Connor Minnis
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Bar #763314(FL)     License for 36 years; Member in Good Standing
Tallahassee FL

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11-000535RU  ESTHER STRONG vs DEPARTMENT OF CHILDREN AND FAMILIES  (2011)
Division of Administrative Hearings, Florida Filed: Jan. 28, 2011
The issue is whether the Department's Access Policy Manual Sections 1840.0906.04 and 1840.0906.07 (Policy Manual); Training Module 4 (Training Module 4); Request for Veteran's Information Form CF-ES 2262 (Form CF-ES 2262); and Common Nursing Home and Waiver Medicaid Terminology (Medicaid Terminology) constitute agency statements defined as rules but not adopted as such, in violation of section 120.54, Florida Statutes.Challenged statements constitute unpromulgated rules. Rulemaking is feasible and practicable nothwithstanding Executive Order 11-01.
11-002585F  JOANN KINARD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ESTHER STRONG vs DEPARTMENT OF CHILDREN AND FAMILIES  (2011)
Division of Administrative Hearings, Florida Filed: May 23, 2011
The issue for determination concerns the amount of reasonable attorney's fees and costs to be awarded to Petitioner pursuant to section 120.595(4), Florida Statutes (2010).Petitioner is entitled to an award of $48,462.42 for attorney's fees and cost pursuant to section 120.595(4), Florida Statutes.
08-001577RP  CARRIE JOHNSON, AS LAWFUL CUSTODIAN AND NEXT FRIEND OF MINOR CHILD, JEVON EVENS vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES  (2008)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2008
Whether proposed rule 65A-1.900(2)(a) of Respondent is an invalid exercise of delegated legislative authority because the proposed rule is arbitrary and capricious and/or it enlarges, modifies, or contravenes Section 414.41, Florida Statutes, the specific provision of law implemented.The proposed rule is not an invalid exercise of delegated legislative authority; operative cut-off date of 10/01/07 for repayment of public assistance benefit overpayment is not arbitrary and does not contravene statute.
08-003106RP  CARRIE JOHNSON, AS LAWFUL CUSTODIAN AND NEXT FRIEND OF MINOR CHILD JEVON EVANS vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES  (2008)
Division of Administrative Hearings, Florida Filed: Jun. 25, 2008
Whether the Notice of Change to proposed rule 65A-1.900(2)(a) of Respondent is an invalid exercise of delegated legislative authority, under Subsection 120.56(1)(c), Florida Statutes, because the proposed rule is arbitrary and capricious and because Respondent has failed to follow rulemaking procedure or requirements in attempting to change its proposed rule.It is not improper to remove a sentence from a proposed rule through use of a Notice of Change. The proposed change is not arbitrary.
02-002533RX  ANNE Z. BENSON AND ROSE MARIE GIBSON vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES  (2002)
Division of Administrative Hearings, Florida Filed: Jun. 24, 2002
Whether Rule 65A-1.714, Florida Administrative Code, is an invalid exercise of delegated legislative authority for reasons described in the Petition to Determine Partial Invalidity of Rule.Agency failure to include health insurance premiums in the calculation of Medicaid recipients` patient responsibilities is invalid exercise of delegated legislative authority.

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