Leon FL Administrative law, Environmental Law and Government -- eLawyers

The Fidelity Cas. Co. v. Long (1927)

Supreme Court of Florida Filed: Aug. 01, 1927 Citations: 114 So. 249, 94 Fla. 547

In this case demurrer was sustained to an amended declaration and, the plaintiff declining to plead further, order of court was entered dismissing the cause, to which order writ of error was taken. The declaration attempts to allege a cause of action based upon promissory notes and a contract executed by a married woman in the State of Florida, which notes and contract were so executed by her in consideration of the extinguishment of certain obligations which she executed in the State of New York..

SC15-95 Citizens of the State of Florida v. Art Graham, etc. (2016)

Supreme Court of Florida Filed: May 19, 2016

Supreme Court of Florida _ Nos. SC15-95, SC15-113, SC15-115 _ CITIZENS OF THE STATE OF FLORIDA, Appellant, vs. ART GRAHAM, ETC., et al., Appellees. _ No. SC15-274 _ FLORIDA INDUSTRIAL POWER USERS GROUP, Appellant, vs. ART GRAHAM, ETC., et al., Appellees. [May 19, 2016] POLSTON, J. This case is before the Court on appeal from three orders of the Florida Public Service Commission (PSC).1 The PSC approved the recovery of Florida 1. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. Power and ..

19-006137RP OFFICE OF PUBLIC COUNSEL vs FLORIDA PUBLIC SERVICE COMMISSION (2019)

Division of Administrative Hearings, Florida Filed: Nov. 15, 2019

I. Whether the Office of Public Counsel (Petitioner or the Public Counsel) and Florida Industrial Power Users Group (Florida Industrial) have standing. II. Whether proposed rules 25-6.030(3)(d), 25-6.030(3)(e), 25-6.030(3)(j), 25-6.031(6), and 25-6.031(7)(c), proposed by the Florida Public Service Commission (Respondent or the Commission), are valid exercises of delegated legislative authority.Petitioner and Intervenor had standing to challenge the proposed rules, but the evidence showed that the proposed rules are not invalid exercises of delegated legislative authority.

18-001172CON ORLANDO HEALTH, INC., D/B/A ARNOLD PALMER MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2018

Whether there is a need for a new Pediatric Heart Transplant (PHT) program in Organ Transplant Service Area (OTSA) 3, and, if so, whether Certificate of Need (CON) Application No. 10518, filed by Orlando Health, Inc., d/b/a Arnold Palmer Medical Center (APMC), to establish a PHT program, satisfies the applicable statutory and rule review criteria for award of a CON to establish a PHT program at the Arnold Palmer Hospital for Children (APH).Arnold Palmer Medical Center failed to oestablish need for its proposed pediatric heart transplant program.

17-001976RX ORLANDO HEALTH CENTRAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Mar. 30, 2017

Whether Florida Administrative Code Rule 59C-1.012(2)(a) is an invalid exercise of delegated legislative authority in violation of section 120.52(8) because the rule exceeds the Agency for Health Care Administration’s (“AHCA”) grant of rulemaking authority; Whether rule 59C-1.012(2)(a) is an invalid exercise of delegated legislative authority under section 120.52(8), because the rule enlarges, modifies, or contravenes the law purported to be implemented; and Whether section 408.0455, Florida Statutes, prevents a determination that rule 59C-1.012(2)(a) is invalid.Petitioner did not meet its burden to invalidate rule 59C-1.012(2)(a).

15-006009RP W. D., C. V., K. E. AND K. M. vs DEPARTMENT OF HEALTH (2015)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2015

The ultimate issue in this case is whether Respondent's proposed repeal of Florida Administrative Code Rule 64C-4.003, which would deregulate certain pediatric cardiac facilities, constitutes an invalid exercise of delegated legislative authority. Before that issue may be reached, however, it is necessary to determine whether Petitioners have standing to challenge the proposed rule.Petitioners lack standing to challenge the proposed repeal of a rule that would deregulate certain cardiac facilities, because no real or immediate injury was shown, and because a common good such as quality health care is not within the zone of interest.

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.

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..

13-003388RU JACK W. CARSWELL, MINOR CHILD, JULIE CARSWELL AND SCOTT CARSWELL, PARENTS vs FLORIDA STATE UNIVERSITY SCHOOLS, INC., FLORIDA STATE UNIVERSITY SCHOOLS, INC., BOARD OF DIRECTORS, AND FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES (2013)

Division of Administrative Hearings, Florida Filed: Sep. 09, 2013

This case originated with the filing of a Petition Challenging Agency Policy as Unpromulgated Rule filed on September 9, 2013. The Petition challenged provisions of the FSUS Student Code of Conduct as an unadopted rule. On September 12, 2013, the matter was assigned to the undersigned. The Motions were filed on September 24, 2013, by FSUS, and September 25, 2013, by the Florida State University Board of Trustees (“FSU”). Responses were filed on September 27, 2013, to the FSUS Motion, and September 30, 2013, to the FSU Motion. On October 10, 2013, a Notice of Motion Hearing was entered scheduling a hearing for October 29, 2013. Due to an illness, the undersigned was compelled to cancel the hearing, and it was rescheduled for November 14, 2013.The Florida State University charter developmental research school is not an "agency" either on its own or as a result of its sponsorship by an agency.

07-000105TL IN RE: FLORIDA POWER AND LIGHT COMPANY BOBWHITE-MANATEE 230KV TRANSMISSION LINE PROJECT TRANSMISSION LINE SITING APPLICATION NO. TA07-14 vs * (2007)

Division of Administrative Hearings, Florida Filed: Jan. 09, 2007

It is recommended that a corridor be certified which combines segments of two of the proposed corridors.

Jon Cameron Moyle Jr.