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John Stephen Menton
John Stephen Menton
Visitors: 236
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Bar #331181(FL)     License for 44 years; Member in Good Standing
Tallahassee FL

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15-007267  DANIEL BANKS 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 a nolo contendere plea by Petitioner, Daniel Banks, to possession of a controlled substance (phenobarbital) in the State of Kansas in 2004 is a disqualifying offense under section 435.04, Florida Statutes. (Unless specifically stated otherwise herein, all references to Florida Statutes shall be to the 2015 version.)Petitioner's crime committed in Kansas in 2004 was not a felony, thus it was not a disqualifying event.
11-005796RU  FLORIDA QUARTER HORSE RACING ASSOCIATION, INC.; FLORIDA QUARTER HORSE BREEDERS AND OWNERS ASSOCIATION, INC.; AND GERALD KEESLING vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING  (2011)
Division of Administrative Hearings, Florida Filed: Nov. 10, 2011
Whether Respondent's policy of treating "Gretna-style" barrel match racing as the legal equivalent of traditional quarter horse racing, i.e., a legitimate pari-mutuel wagering event for which a quarter horse racing permitholder can obtain an annual operating license, constitutes an agency statement of general applicability that implements, interprets, or prescribes law or policy in violation of section 120.54(1)(a), Florida Statutes (2012).1Division's policy of treating barrel racing as the legal equivalent of quarter horse racing is an unadopted rule.
15-001321  WILTON MANORS STREET SYSTEMS, INC. vs DEPARTMENT OF TRANSPORTATION  (2015)
Division of Administrative Hearings, Florida Filed: Mar. 13, 2015
Whether the State of Florida, Department of Transportation (“Department”), properly denied Wilton Manors Street Systems, Inc.’s (“Wilton Manors”), applications for outdoor advertising sign permits.Applicant for outdoor advertising sign established that parcel is located in an industrial or commercial zone and that criteria set forth in statute have been met. Recommended that Department grant permit.
15-003301BID  MADISON HOLLOW, LLC AND AMERICAN RESIDENTIAL DEVELOPMENT, LLC vs BRIXTON LANDING, LTD, AND FLORIDA HOUSING FINANCE CORPORATION  (2015)
Division of Administrative Hearings, Florida Filed: Jun. 09, 2015
Whether Florida Housing Finance Corporation’s (Florida Housing) intended decision to award Respondent, Brixton Landing, Ltd., low-income housing tax credits is contrary to Florida Housing’s governing statutes, rules, or the solicitation specifications.Petitioners failed to demonstrate that Florida Housing's reliance on certifications by the local government was clearly erroneous, contrary to competition, arbitrary or capricious.
15-003775BID  ACCENTURE, LLP vs DEPARTMENT OF TRANSPORTATION  (2015)
Division of Administrative Hearings, Florida Filed: Jun. 30, 2015
The issue in this bid protest matter is whether the decision of Respondent, Department of Transportation, to award the contract for the Centralized Customer Service System to Intervenor, Xerox State and Local Solutions, Inc., over Petitioner, Accenture, LLP, was contrary to its governing statutes, rules or policies, or the solicitation specifications.Petitioner failed to show that Department's intended award of contract to Intervenor was contrary to its governing statutes or solicitation specifications or that Department action was clearly erroneous, contrary to competition, arbitrary or capricious.
15-003304BID  PINNACLE HEIGHTS, LLC vs FLORIDA HOUSING FINANCE CORPORATION  (2015)
Division of Administrative Hearings, Florida Filed: Jun. 09, 2015
The issue is whether Florida Housing and Finance Corporation's intended decision to award low income housing tax credits for an affordable housing development in Miami-Dade County to Rio at Flagler, LP (Rio), was contrary to solicitation specifications, and if so, whether that determination was clearly erroneous or contrary to competition.Petitioner established that Intervenor's application was incorrectly scored by agency; tax credits for affordable housing awarded to Petitioner rather than Intervenor.
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.

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