Leon FL Lawyers | Marlene K. Stern -- eLawyers

18-001872 EMERGENCY EDUCATION INSTITUTE vs BOARD OF NURSING (2018)

Division of Administrative Hearings, Florida Filed: Apr. 10, 2018

The issues are: 1) whether, based on the 2017 passing rate of graduates of Petitioner's prelicensure nursing education program (Program) taking the National Council of Licensing Examination (NCLEX), Respondent is required to return the Program from probationary to approved status, pursuant to section 464.019, Florida Statutes; and 2) whether, in declining to return the Program to approved status, Respondent has unlawfully relied on an unadopted rule, in violation of section 120.57(1)(e). At Petitioner's request, the parties presented evidence concerning constitutional challenges that Petitioner intends to present to a district court of appeal.No jurisdiction under s. 120.57(1) due to lack of genuine issue of material fact, even though agency's retroactive implementation of statute was ruled to be an unadopted rule in a related case, because correct implementation produces same result.

19-000509 MILAIN DAVID FAYULU vs FLORIDA REAL ESTATE COMMISSION (2019)

Division of Administrative Hearings, Florida Filed: Jan. 29, 2019

The issue in this case is whether the crime of which Petitioner was convicted in the District of Columbia, namely simple assault under that jurisdiction's law, directly relates to the activities of a real estate sales associate, thereby warranting Respondent's intended decision to deny Petitioner's application for licensure as a sales associate.Petitioner's past conviction in the District of Columbia for simple assault is not directly related to the activities of a real estate sales associate and thus is not grounds for denial of Petitioner's application for licensure.

19-000442RU EMERGENCY EDUCATION INSTITUTE vs BOARD OF NURSING (2019)

Division of Administrative Hearings, Florida Filed: Jan. 24, 2019

The issues are whether, in violation of sections 120.54(1)(a) and 120.56(4), Florida Statutes, Respondent has made an agency statement that is an unadopted rule in implementing a 2017 statutory amendment broadening the category of first-time test-takers to be counted when calculating the passing rate of the graduates of Petitioner’s prelicensure professional nursing education program (Program) and whether, pursuant to section 57.111, Petitioner may recover attorneys’ fees and costs from Respondent. At Petitioner’s request, the parties presented evidence concerning constitutional challenges that Petitioner intends to present to a district court of appeal.Retroactive implementation of a statutory amendment changing the method of calculating the passing rate of graduates of a prelicensure nursing education program is an unadopted rule. Request for attys' fees under s. 57.111 denied.

15-004337 ROBERT PAUL MURPHY vs BOARD OF HEARING AID SPECIALISTS (2015)

Division of Administrative Hearings, Florida Filed: Jul. 21, 2015

Whether Petitioner’s application to enter into a hearing aid specialist training program should be approved.Petitioner failed to prove that his application to enter into a hearing aid specialist training program should be approved.

14-005036RX BISCAYNE BAY PILOTS, INC.; PORT EVERGLADES PILOTS, INC., D/B/A PORT EVERGLADES PILOTS ASSOCIATION; AND THE FLORIDA STATE PILOTS' ASSOCIATION, INC., D/B/A FLORIDA HARBOR PILOTS ASSOCIATION vs BOARD OF PILOT COMMISSIONERS, PILOTAGE RATE REVIEW COMMITTEE AND DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2014)

Division of Administrative Hearings, Florida Filed: Oct. 23, 2014

The issue is whether Florida Administrative Code Rule 61G14-22.012 is an invalid exercise of legislatively delegated authority in violation of section 120.52(8), Florida Statutes (2014).Rule 61G14-22.012 constitutes an invalid exercise of legislative authority within the meaning of section 120.52(8)(b), (c), (e), and the flush left provision.

10-002419GM BARBARA HERRIN AND EDGEWATER CITIZENS ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC. vs VOLUSIA COUNTY; MIAMI CORPORATION; AND VOLUSIA GROWTH MANAGEMENT COMMISSION (2010)

Division of Administrative Hearings, Florida Filed: May 04, 2010

Whether the FLP is "in compliance" as that term is defined in section 163.3184(1)(b), Florida Statutes (2011).1/Volusia County's Farmton Local Plan and remediated amendments to its comprehensive plan should be determined to be "in compliance" under the 2011 Community Planning Act.

10-006921GM ELISA ACKERLY vs MARTIN COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS (2010)

Division of Administrative Hearings, Florida Filed: Aug. 02, 2010

The issue to be determined in this case is whether Martin County's amendments to its Land Development Regulations (LDRs), adopted by Ordinance 833, are consistent with the Future Land Use Element of the Martin County Comprehensive Plan.The challenged land development regulations are determined to be consistent with the Martin County Comprehensive Plan.

21-000346 HEATHER ANN NEVILLE vs BOARD OF NURSING (2021)

Division of Administrative Hearings, Florida Filed: Jan. 27, 2021

The issue in this case is whether Petitioner's application for licensure as a registered nurse should be granted.The Department proved Petitioner pleaded to crimes related to the practice of nursing and had a previous nursing license revoked; however, mitigating factors warrant approval of new license with conditions.

21-000384 MANUEL FERNANDEZ vs BOARD OF NURSING (2021)

Division of Administrative Hearings, Florida Filed: Feb. 02, 2021

The issue in this case is whether Petitioner's application for multistate registered nurse licensure by endorsement should be denied for the reasons given by Respondent in its Notice of Intent to Deny, or whether Petitioner met his ultimate burden of persuasion that his application should be approved.Pet. failed to prove entitlement to applied-for RN license. His RN license was permanently revoked by the Board in 2014 for unprofessional conduct and violating nursing standards, and had prior conviction for felony aggravated assault with deadly weapon.

21-000076RU PATRICIA BROOKS vs FLORIDA DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY (2021)

Division of Administrative Hearings, Florida Filed: Jan. 08, 2021

The issues to be presented for determination are whether the statements alleged in the Petition and the Amended Petition are agency statements of the Board meeting the definition of a rule in section 120.52, Florida Statutes, and, if so, whether they have been adopted as rules through the rulemaking process outlined in section 120.54.Petition regarding alleged unadopted rule filed against the wrong agency; and alleged statements are statements of a private vendor. Petition dismissed.

Marlene K. Stern