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94-000958RU TARPON SPRINGS HOSPITAL FOUNDATION, INC., D/B/A HELEN ELLIS MEMORIAL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Feb. 23, 1994

Whether Rule 59C-1.036 constitutes an invalid exercise of delegated legislative authority, and; Whether the Agency's application form and scoring system utilized in the review of nursing home batch certificate of need applications constitute rules of the Agency as the term "rule" is defined in Section 120.52(16), employed in violation of Section 120.535, Florida Statutes (1993) and; Whether the disputed form and scoring system constitute an invalid exercise of delegated legislative authority.Existing rule invalid, agency statements meet definition of rules and violate Section 120.535. Agency statements are also invalid exercises of legislative authority.

95-005038BID NEC BUSINESS COMMUNICATION SYSTEMS (EAST), INC. vs SEMINOLE COUNTY SCHOOL BOARD (1995)

Division of Administrative Hearings, Florida Filed: Oct. 13, 1995

The issue for determination in this proceeding is whether Respondent should award a contract for a new telecommunications system to Intervenor.School Board members who rejected lowest cost proposal without fixed rule or standard made arbitrary decision in selecting higher cost proposal.

94-000889RU ARBOR HEALTH CARE COMPANY vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Feb. 18, 1994

Whether the challenged agency statements are unpromulgated rules, whether Respondent (AHCA) has violated the provisions of Section 120.535(1), Florida Statutes, by failing to adopt the challenged agency statements as rules and whether the challenged agency statements are invalid exercises of delegated legislative authority within the meaning of Section 120.56, Florida Statutes. The challenged agency statements are (a) that Section 408.037(2)(a), Florida Statutes, requires that an application for a Certificate of Need list among its "capital projects" other Certificate of Need applications which have been preliminarily denied by the Agency and are the subject of a petition for an administrative hearing (denied-but-in-litigation CON applications), and (b) that failure to list denied-but-in-litigation CON applications constitutes grounds to summarily reject a Certificate of Need application without further review.Agency's application of a statute is not a rule and does not violate 120.535

90-004326BID RED AND WHITE INVESTMENTS, INC. vs DEPARTMENT OF TRANSPORTATION (1990)

Division of Administrative Hearings, Florida Filed: Jul. 16, 1990

Whether the subject lease should be awarded and, if so, whether the award should be to Petitioner or to Intervenor.Irregularities in bidding process justified rejection of all bids.

89-005657BID DICTAPHONE CORPORATION vs DEPARTMENT OF GENERAL SERVICES (1989)

Division of Administrative Hearings, Florida Filed: Oct. 17, 1989

The issues in this case are whether the bid of Lanier Business Products, Inc. (Lanier), is responsive to the standard cassette portion of the Department of General Service's (Respondent's) Bid Number 380-600-520-K by meeting specifications 3.3.6 and 3.3.8 concerning finger tip control and indicator visible power "on", and also whether the Respondent should waive the 1/4" difference in size of the machine which Dictaphone Corporation (Dictaphone) bid in Class III of the specifications, and thereby deem this bid responsive to the micro-cassette portion of the bid.Petitioner failed to establish that respondent acted in either an arbitrary and capricous manner or out of bad faith when it evaluated other bids.

87-005387BID CAPITAL GROUP HEALTH SERVICES OF FLORIDA, INC., D/B/A CAPITAL HEALTH PLAN vs. DEPARTMENT OF ADMINISTRATION (1987)

Division of Administrative Hearings, Florida Latest Update: Mar. 09, 1988

Agency proposed award is invalid because they failed to advise offerors of the weight that would be accorded to the evaluation criteria.

87-005472RP CAPITAL GROUP HEALTH SERVICES OF FLORIDA, INC., D/B/A CAPITAL HEALTH PLAN vs. DEPARTMENT OF ADMINISTRATION (1987)

Division of Administrative Hearings, Florida Latest Update: Mar. 09, 1988

A hearing was held in the above-captioned case, after due notice, at Tallahassee, Florida, on December 22-24, 28-30, 1987, before Thomas C. Oldham, Hearing Officer.Proposed rule concerning contracts with Health Maintenance Organizations is not vague nor is it vesting respondent with unbridled discretion. Evaluation process deemed fair.

Lauchlin Tench Waldoch