Broward FL Lawyers | Kathelyn Marize Jacques-Adams -- eLawyers

11-005316 BUILT RIGHT CONSTRUCTION INC. vs PALM BEACH COUNTY SCHOOL BOARD (2011)

Division of Administrative Hearings, Florida Filed: Oct. 14, 2011

Whether, in accordance with Section 4.1(l)(f), State Requirements for Education Facilities (SREF), Respondent has grounds to ratify the Superintendent's determination that Petitioner is delinquent, so as to be disqualified for a period of one year from bidding on any construction contracts with Respondent that require certification.One year delinquency for school contractor guilty of substantial deviation from time schedule, after written notice, without justifiable case and substantial and repeated failure to pay subcontractors without justifiable cause.

10-000376BID SUN ART PAINTING CORPORATION, A CORPORATION ORGANIZED UNDER THE LAWS OF FLORIDA vs PALM BEACH COUNTY SCHOOL BOARD (2010)

Division of Administrative Hearings, Florida Filed: Jan. 25, 2010

Whether Respondent's intended rejection of all bids submitted in response to Respondent's solicitation of bids for two separate painting projects (the painting of the exterior of Greenacres Elementary School and the painting of the exterior of South Olive Elementary School) is "arbitrary," as alleged by Petitioner, and if so, what alternative action should Respondent take with respect to these two projects.Rejection of all bids based on ambiguity in ITB found to be arbitrary where ambiguity did not taint the competitive bidding process.

01-002900RP OSCEOLA FISH FARMERS ASSOCIATION, INC. vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2001)

Division of Administrative Hearings, Florida Filed: Jul. 20, 2001

The issues are whether the proposed amendment to Rule 40E- 2.041(1), Florida Administrative Code, exceeds the agency's grant of rulemaking authority; enlarges, modifies, or contravenes the specific law implemented; or is vague, fails to establish adequate standards for agency discretion, and vests unbridled discretion in the agency.Agency had sound basis in law and fact for proposing rule; no award of fees and costs to challengers; challengers not entitled to fees associated with defending Final Order before appellate court.

96-005785 WILLIAM A. HARDEN vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Dec. 10, 1996

The issues are: (a) whether the accident on December 12, 1995, involving a shrimp trawler, the Atlantic Sun, resulted in a discharge of pollutants into the Atlantic Ocean and caused natural resource damages; and, if so, (b) what amount does Petitioner William A. Harden owe the Department of Environmental Protection for investigation costs incurred in investigating the break up of the Atlantic Sun and for natural resource damages resulting from the accident.Petitioner is liable for damages when his ship ran aground and discharged a pollutant (diesel fuel) and therefore owes investigative costs and natural resource damages.

96-005850 MIAMI YACHT DIVERS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Apr. 15, 1996

Whether Petitioner, Miami Yacht Divers, Inc., is entitled to reimbursement for cleanup costs.Petitioner's claim for reimbursement of salvage operation denied where removal of vessel was to facilitate its sales, not to abate a discharge.

97-000662 JAMES J. WOOTEN vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Feb. 10, 1997

The issue is whether Petitioner is liable to Respondent for costs it incurred in removing a drum containing gasoline and water that was located on Petitioner’s property.Where Petitioner successfully raised third-part defense, he is not liable for costs incurred by Department in having pollutant removed from Petitioner's property.

96-005181 CLAUDIO CASTILLO vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

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

The issue for determination is whether Petitioner is liable for the costs and expenses incurred by Respondent in responding to a pollutant discharge, occurring on November 6, 1992, at the waters off John Lloyd State Park, Dania, Florida, and for damages to natural resources resulting from the pollutant discharge.Petitioner was responsible for pollutant discharge. Petitioner is liable for costs incurred by Department of Environmental Protection and for damages to natural resources due to the discharge.

19-004818 BROWARD COUNTY SCHOOL BOARD vs CHAMPIONSHIP ACADEMY OF DISTINCTION AT DAVIE, INC. - 5422 D/B/A "CHAMPIONSHIP ACADEMY" (2019)

Division of Administrative Hearings, Florida Filed: Sep. 11, 2019

(1) Whether facts and circumstances demonstrate the existence, on August 20, 2019, of an immediate and serious danger to the health, safety, or welfare of the students of Championship Academy of Distinction at Davie, Inc.-5422 d/b/a "Championship Academy" ("Championship") justifying the immediate termination of its charter by the Broward County School Board ("School Board") pursuant to section 1002.33(8)(c); and (2) whether the School Board formulated one or more agency statements that constitute unadopted rules, in violation of section 120.54(1)(a), and applied one or more of those unadopted rules as the basis for its agency action immediately terminating Championship's charter.1 1 Championship's rule challenge petition, as filed, also challenged an adopted School Board rule under section 120.56(3). This challenge was abandoned at the beginning of the final hearing.School board formulated and relied on an unadopted rule as the basis to immediately terminate a charter school's charter.

19-005310RU CHAMPIONSHIP ACADEMY OF DISTINCTION AT DAVIE, INC. vs THE SCHOOL BOARD BROWARD COUNTY, FLORIDA (2019)

Division of Administrative Hearings, Florida Filed: Oct. 04, 2019

(1) Whether facts and circumstances demonstrate the existence, on August 20, 2019, of an immediate and serious danger to the health, safety, or welfare of the students of Championship Academy of Distinction at Davie, Inc.-5422 d/b/a "Championship Academy" ("Championship") justifying the immediate termination of its charter by the Broward County School Board ("School Board") pursuant to section 1002.33(8)(c); and (2) whether the School Board formulated one or more agency statements that constitute unadopted rules, in violation of section 120.54(1)(a), and applied one or more of those unadopted rules as the basis for its agency action immediately terminating Championship's charter.1 1 Championship's rule challenge petition, as filed, also challenged an adopted School Board rule under section 120.56(3). This challenge was abandoned at the beginning of the final hearing.School board formulated and relied on an unadopted rule as the basis to immediately terminate a charter school's charter.

Kathelyn Marize Jacques-Adams