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Mark W. Terrell
Mark W. Terrell
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Bar #931721(FL)     License for 21 years
Orlando FL

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17-006655RU  DACCO BEHAVORIAL HEALTH, INC.; OPERATION PAR, INC.; AND ASPIRE PARTNERS, INC. vs DEPARTMENT OF CHILDREN AND FAMILIES  (2017)
Division of Administrative Hearings, Florida Filed: Dec. 11, 2017
The issue in this case is whether Florida Administrative Code Emergency Rule 65DER17-2 (the “Emergency Rule”) constitutes an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes. (Unless specifically stated otherwise herein, all references to Florida Statutes will be to the 2017 version.) More specifically, on September 19, 2017, the Florida Department of Children and Families (the “Department”), published the Emergency Rule, which dealt with the need for and licensing of new methadone medication-assisted treatment centers for persons dealing with opioid addiction. Pursuant to the Emergency Rule, the Department decided which providers would receive approval notices to submit licensure applications in certain counties based on the order in which complete and responsive applications were received by the Department. A number of parties are challenging the validity of the Emergency Rule.The Emergency Rule constitutes an invalid exercise of delegated legislative authority.
11-000257BID  OPTIMUM TECHNOLOGY, INC. vs DEPARTMENT OF HEALTH  (2011)
Division of Administrative Hearings, Florida Filed: Jan. 19, 2011
The issue is whether Respondent's notice of intent to award a contract for a Prescription Drug Monitoring System (PDMS) to Intervenor is, under section 120.57(3)(f), Florida Statutes, contrary to governing statutes, rules, policies, or solicitation specifications due to the nonresponsiveness of Intervenor's proposal or flaws in the scoring.Failure of winning proposer to itemize its costs is a minor irregularity due to lack of competitive advantage and scoring of protestor's proposal is not clearly erroneous.
97-004728  DIVISION OF REAL ESTATE vs JOHN W. KEENAN, JR.  (1997)
Division of Administrative Hearings, Florida Filed: Oct. 14, 1997
The issue is whether Respondent is guilty of alleged acts and omissions constituting fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction, in violation of Section 475.25(1)(b), Florida Statutes, and, if so, what penalty should be imposed.Petitioner failed to prove fraud or other improper nondisclosure of liens at closing.

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