The issues for determination in this case are whether Respondent, The School Board of Broward County, Florida’s (“SBBC” or “Respondent”), determination not to award a contract to Petitioner, Life Insurance Company of the Southwest, d/b/a National Life Group (“LSW” or “Petitioner”), is clearly erroneous, contrary to competition, or arbitrary and capricious, and whether LSW should be awarded a contract under the request for proposals (“RFP”). Intervenor, AXA Equitable Life Insurance Company (“AXA” or “Intervenor”), has intervened in these proceedings to support its substantial interests in SBBC’s intended award to AXA under the RFP.Protester LSW failed to show Broward School Board's proposed contract award is contrary to governing statutes, policies, or specifications, or its actions were clearly erroneous, contrary to competition, or arbitrary or capricious.

The issues to be determined are whether Respondent, John Carey Tomberlin, M.D. (“Respondent” or “Dr. Tomberlin”), violated section 458.331(1)(t)1., Florida Statutes (2014), by failing to identify a subdural hematoma on the left side of Patient J.A.’s brain, as alleged in the Administrative Complaint; and if so, what penalty should be imposed.Petitioner did not establish by clear and convincing evidence that Respondent failed to meet the standard of care.

Does Petitioner, AHF MCO of Florida, Inc., d/b/a PHC Florida HIV/AIDS Specialty Plan (Positive), have standing to contest the intended award to Simply for Regions 10 and 11 or to seek rejection of all proposals? (Case No. 18-3507 and 18-3508) Should the intended decision of Respondent, Agency for Health Care Administration (Agency), to contract with Simply Healthcare Plans, Inc. (Simply), for Medicaid managed care plans for HIV/AIDS patients in Regions 10 (Broward County) and Region 11 (Miami-Dade and Collier Counties) be invalidated and all proposals rejected? (Case Nos. 18-3507 and 18-3508) Must the Agency negotiate with Petitioner, South Florida Community Care Network, LLC, d/b/a Community Care Plan (Community), about a plan to provide HIV/AIDS Medicaid managed care services in Region 10 because it was the only responsive proposer of services that was a Provider Service Network (PSN)? (Case No. 18-3512) Must the Agency negotiate with Community to provide Medicaid managed care services in Region 10 for people with Serious Mental Illnesses because Community is a PSN? (Case No. 18-3511) Must the Agency contract with Community to provide Medicaid managed care services for Children with Special Needs in Region 10 because Community is a PSN? (Case No. 18-3513) Must the Agency negotiate with Community to provide Medicaid managed care services for Child Welfare patients in Region 10 because Community is a PSN? (Case No. 18-3514)AHCA did not follow ITN ranking process. Required to reject all responses. AHCA did not follow requirement to negotiate with responsive Provider Service Network offering specialty Medicaid managed care plans. AHCA must negotiate. Evaluators qualified.

Does Petitioner, AHF MCO of Florida, Inc., d/b/a PHC Florida HIV/AIDS Specialty Plan (Positive), have standing to contest the intended award to Simply for Regions 10 and 11 or to seek rejection of all proposals? (Case No. 18-3507 and 18-3508) Should the intended decision of Respondent, Agency for Health Care Administration (Agency), to contract with Simply Healthcare Plans, Inc. (Simply), for Medicaid managed care plans for HIV/AIDS patients in Regions 10 (Broward County) and Region 11 (Miami-Dade and Collier Counties) be invalidated and all proposals rejected? (Case Nos. 18-3507 and 18-3508) Must the Agency negotiate with Petitioner, South Florida Community Care Network, LLC, d/b/a Community Care Plan (Community), about a plan to provide HIV/AIDS Medicaid managed care services in Region 10 because it was the only responsive proposer of services that was a Provider Service Network (PSN)? (Case No. 18-3512) Must the Agency negotiate with Community to provide Medicaid managed care services in Region 10 for people with Serious Mental Illnesses because Community is a PSN? (Case No. 18-3511) Must the Agency contract with Community to provide Medicaid managed care services for Children with Special Needs in Region 10 because Community is a PSN? (Case No. 18-3513) Must the Agency negotiate with Community to provide Medicaid managed care services for Child Welfare patients in Region 10 because Community is a PSN? (Case No. 18-3514)AHCA did not follow ITN ranking process. Required to reject all responses. AHCA did not follow requirement to negotiate with responsive Provider Service Network offering specialty Medicaid managed care plans. AHCA must negotiate. Evaluators qualified.

Does Petitioner, AHF MCO of Florida, Inc., d/b/a PHC Florida HIV/AIDS Specialty Plan (Positive), have standing to contest the intended award to Simply for Regions 10 and 11 or to seek rejection of all proposals? (Case No. 18-3507 and 18-3508) Should the intended decision of Respondent, Agency for Health Care Administration (Agency), to contract with Simply Healthcare Plans, Inc. (Simply), for Medicaid managed care plans for HIV/AIDS patients in Regions 10 (Broward County) and Region 11 (Miami-Dade and Collier Counties) be invalidated and all proposals rejected? (Case Nos. 18-3507 and 18-3508) Must the Agency negotiate with Petitioner, South Florida Community Care Network, LLC, d/b/a Community Care Plan (Community), about a plan to provide HIV/AIDS Medicaid managed care services in Region 10 because it was the only responsive proposer of services that was a Provider Service Network (PSN)? (Case No. 18-3512) Must the Agency negotiate with Community to provide Medicaid managed care services in Region 10 for people with Serious Mental Illnesses because Community is a PSN? (Case No. 18-3511) Must the Agency contract with Community to provide Medicaid managed care services for Children with Special Needs in Region 10 because Community is a PSN? (Case No. 18-3513) Must the Agency negotiate with Community to provide Medicaid managed care services for Child Welfare patients in Region 10 because Community is a PSN? (Case No. 18-3514)AHCA did not follow ITN ranking process. Required to reject all responses. AHCA did not follow requirement to negotiate with responsive Provider Service Network offering specialty Medicaid managed care plans. AHCA must negotiate. Evaluators qualified.

Whether Respondent, Department of Transportation’s (“Department” or DOT”), notice of intent to award a contract to Intervenor, Archer Western De-Moya, Joint Venture (“AWD”), for a transportation project involving the design and reconstruction of federal and state roadways in Miami, Florida (“the Project”), is contrary to governing statutes, DOT’s rules, or the bid specifications; and, if so, whether the award is contrary to competition, clearly erroneous, or arbitrary and capricious.Petitioner did not prove the Department's intended award to the Intervenor for a design-build project pursuant to section 334.30, Florida Statutes, was clearly erroneous, contrary to competition, arbitrary or capricious.

Whether Respondent violated section 456.072(1)(v), Florida Statutes (2018), by engaging or attempting to engage in sexual misconduct.Respondent did not engage or attempt to engage in sexual misconduct. Allegations, even if proven, would not establish sexual misconduct as defined in s. 456.036(1); but alleged victim’s testimony cannot be credited.

Whether Respondent committed the violations alleged in the Amended Administrative Complaint; and, if so, the appropriate penalty therefor.Department proved by clear and convincing evidence that Respondent engaged in sexual misconduct with two patients.