Leon FL Administrative law, Litigation and Privacy Lawyers

17-001544BID STIRRUP PLAZA PHASE THREE, LLC vs FLORIDA HOUSING FINANCE CORPORATION (2017)

Division of Administrative Hearings, Florida Filed: Mar. 14, 2017

The issue for determination in this consolidated bid protest proceeding is whether the Florida Housing Finance Corporation (“Florida Housing”) acted arbitrarily, capriciously, or contrary to competition by deeming the applications of Joe Moretti Phase Three, LLC. (“Moretti Phase Three”) and Stirrup Plaza Phase Three, LLC. (“Stirrup Plaza Phase Three”) ineligible for Request for Applications 2016-114, Housing Credit Financing for Affordable Housing Developments Located in Miami-Dade County (“RFA 2016-114”).Petitioners failed to demonstrate that Florida Housing's actions regarding their requests to amend Extended Use Agreements were arbitrary, capricious, or contrary to competition.

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,

SC14-1282 Vicki Thomas v. Clean Energey Coastal Corridor, etc. (2015)

Supreme Court of Florida Filed: Oct. 01, 2015

Supreme Court of Florida _ No. SC14-1282 _ VICKI THOMAS, et al., Appellants, vs. CLEAN ENERGY COASTAL CORRIDOR, etc., et al., Appellees. [October 1, 2015] POLSTON, J. This case is before the Court on appeal from a circuit court judgment validating a proposed bond issue by Clean Energy Coastal Corridor (Clean Energy).1 We affirm the circuit court’s decision to validate the bonds, but remand for the circuit court to require Clean Energy to amend the financing agreement as described herein. 1. We ha..

SC14-710 Robert R. Reynolds v. Leon County Energy Improvement District, etc. (2015)

Supreme Court of Florida Filed: Oct. 01, 2015

Supreme Court of Florida _ No. SC14-710 _ ROBERT R. REYNOLDS, Appellant, vs. LEON COUNTY ENERGY IMPROVEMENT DISTRICT, etc. et al., Appellees. [October 1, 2015] PER CURIAM. This case is before the Court on appeal from a circuit court judgment validating a proposed bond issue.1 On the merits, we affirm the circuit court’s decision to validate the bonds, but as we required with a virtually identical financing agreement in Thomas v. Clean Energy Coastal Corridor, SC14-1282, slip op. at 9 (Fla. Oct. 1..

16-002766BID MOTOROLA SOLUTIONS, INC. vs BAY COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS (2016)

Division of Administrative Hearings, Florida Filed: May 19, 2016

Whether the decision by Respondent, Bay County, Florida, Board of County Commissioners (the “County” or the “Board”), to approve the bid proposal submitted by Intervenor, Williams Communication, Inc. (“Williams”), should be reversed in favor of granting the proposal by Petitioner, Motorola Solutions, Inc. (“Motorola”).Petitioner did not prove by a preponderance of evidence that the County's approval of the bid proposal submitted by Williams Communications should be reversed.

15-006204RP THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Nov. 04, 2015

Does Petitioner, The Public Health Trust of Miami-Dade County, Florida (Health Trust), have standing to challenge Department of Health (Department) proposed rules 64J-2.007, 64J-2.008, and 64J-2.009? Is proposed rule 64J-2.007 an invalid exercise of delegated legislative authority? Is proposed rule 64J-2.008 an invalid exercise of delegated legislative authority? Is proposed rule 64J-2.009 an invalid exercise of delegated legislative authority?Trauma center certification applicant did not have standing to challenge rules for creating trauma agencies that coordinate trauma systems. Alleged injury was speculative and not immediate.

15-004359RP NORTH FLORIDA HORSEMEN'S ASSOCIATION, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2015)

Division of Administrative Hearings, Florida Filed: Jul. 30, 2015

The issues for disposition in this case are whether proposed rules 61D-2.024(5); 61D-2.025(1), (2), (4), (7), and (8)(a); 61D- 2.028(2)(a)-(d), (6), (7), and (8); and 61D-2.029 are invalid exercises of delegated legislative authority as defined in section 120.52(8), Florida Statutes.Proposed rules 61D-2.024 & 2.025 (the "track" rules) are not invalid exercises of delegated legislative authority. Proposed rules 61D-2.028 (the "jockey" rules) & 61D-2.029 (the "publication" rule) are invalid exercises of delegated legislative authority.

15-001966CON MARION COUNTY DEVELOPMENT, LLC vs MARION COUNTY HRC, LLC; CON APP MARION, LLC; AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Apr. 10, 2015

Which certificate of need (CON) application seeking to establish a new community nursing home in Nursing Home District 3, Subdistrict 4 (Marion County), on balance, best satisfies the statutory and rule criteria for approval: Marion County Development, LLC's CON Application No. 10257; Marion County HRC, LLC's CON Application No. 10258; or CON APP Marion, LLC's CON Application No. 10256?Record supported Agency incipient policy to approve 120-bed CON for nursing home for short-term rehab patients who are Medicare patients. One competing applicant did not prove ability to finance or staff proposed facility.

15-001967CON MARION COUNTY HRC, LLC vs CMCP-PINECASTLE, LLC, AND MARION COUNTY DEVELOPMENT, LLC AND AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Apr. 10, 2015

Which certificate of need (CON) application seeking to establish a new community nursing home in Nursing Home District 3, Subdistrict 4 (Marion County), on balance, best satisfies the statutory and rule criteria for approval: Marion County Development, LLC's CON Application No. 10257; Marion County HRC, LLC's CON Application No. 10258; or CON APP Marion, LLC's CON Application No. 10256?Record supported Agency incipient policy to approve 120-bed CON for nursing home for short-term rehab patients who are Medicare patients. One competing applicant did not prove ability to finance or staff proposed facility.

15-003171 THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON SOUTH COMMUNITY HOSPITAL vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2015

The issue for determination is whether Petitioner is in substantial compliance with the requirements in section 395.4025, Florida Statutes, and, therefore, has the critical elements required for a trauma center, so that Respondent must find Petitioner's Level II Trauma Center Application acceptable for approval, which would make Petitioner eligible to operate as a provisional trauma center.Petitioner is in substantial compliance with the requirements in section 395.4025 and, therefore, has the critical elements required for a trauma center, so Respondent should approve Petitioner to operate as a provisional trauma center.

John Stephen Menton