Leon FL Administrative law, Environmental Law and Government -- eLawyers

Martha Harrell Chumbler

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Bar #263222(FL) License for 47 years

Tallahassee FL

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CFR: 40 CFR 122.4, 40 CFR 122.4, 40 CFR 122.4, 42 CFR 422, 42 CFR 422.350, 42 CFR 422.350, 42 CFR 422.350, 42 CFR 422.352, 42 CFR 422.354

Florida Laws: 1000.21, 1001.42, 1003.02, 1003.57, 1010.305, 1011.61, 1011.62, 1012.22, 1012.27, 11.062, 11.51, 120.52, 120.536, 120.54, 120.541, 120.56, 120.569, 120.57, 120.573, 120.595, 120.68, 161.041, 161.053, 163.3175, 163.3177, 163.3178, 163.3180, 163.3184, 163.3187, 163.3191, 163.3220, 163.3245, 187.201, 190.005, 190.046, 206.25, 212.02, 212.05, 212.06, 212.07, 212.08, 212.09, 252.35, 255.0516, 258.42, 267.061, 282.703, 287.012, 287.017, 287.057, 287.133, 337.11, 35.22, 373.414, 373.4595, 377.25, 380.06, 394.910, 394.912, 394.929, 394.931, 399.01, 403.031, 403.067, 403.412, 403.814, 408.814, 409.901, 409.912, 409.91211, 409.962, 409.966, 409.974, 435.04, 456.053, 57.105, 570.13, 607.1501, 617.0206, 617.0304, 617.0801, 617.0803, 641.316, 641.70, 72.011, 73.131, 817.22, 90.202

Florida Administrative Code: 12A-1.018, 12A-1.074, 12A-1.089, 18-20.001, 18-20.003, 18-20.004, 18-20.006, 18-20.019, 18-21.003, 28-106.216, 28-106.217, 28-110.002, 28-110.004, 59A-3.081, 60A -1.002, 60A-1.001, 60A-1.002, 62-4.242, 9J-2.045, 9J-5.003, 9J-5.005, 9J-5.0055, 9J-5.006, 9J-5.013, 9J-5.016, 9J-5.019

13-002154 IN RE: PETITION TO EXPAND THE VILLAGE COMMUNITY DEVELOPMENT DISTRICT NO. 10 vs * (2013)

Division of Administrative Hearings, Florida Filed: Jun. 13, 2013

The issue presented in this proceeding is whether the Amended Petition to Amend the Boundaries of Village Community Development District No. 10 (Amended Petition) satisfies the requirements set forth in chapter 190, Florida Statutes, and Florida Administrative Code Chapter 42-1. The purpose of the local public hearing was to gather information in anticipation of quasi-legislative rulemaking by the Florida Land and Water Adjudicatory Commission (Commission).Evidence established that petition to amend (expand) boundaries of an existing CDD should be approved, as all statutory criteria satisfied.

13-004113BID CARE ACCESS PSN, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION (2013)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2013

The issues in this bid protest are whether, in making the decision to award Intervenor Prestige Health Choice, LLC ("Prestige"), a contract to provide Medicaid managed medical assistance services as a provider service network in Region 11 (covering Miami-Dade and Monroe Counties), Respondent Agency for Health Care Administration ("AHCA") acted contrary to a governing statute, rule, or solicitation specification; and, if so, whether such action was clearly erroneous, contrary to competition, arbitrary, or capricious. (In this protest, Petitioner Care Access PSN, LLC ("Care Access"), challenges AHCA's intended award to Prestige in Region 11, and only that award. Care Access does not seek to upset any other intended awards in Region 11 or in any other Region.)The agency's intended contract award, being contrary to the statutes and project specifications, is clearly erroneous and should be rescinded.

11-003136BID PROMETHEAN, INC. vs ORANGE COUNTY SCHOOL BOARD (2011)

Division of Administrative Hearings, Florida Filed: Jun. 21, 2011

The issue in this case, a bid protest, is whether the intended decision of Respondent, Orange County School Board (the "School Board"), to award a contract for interactive devices and associated equipment to Intervenor, SMART Technologies Corporation ("Smart"), instead of to Promethean, Inc. ("Promethean"), is clearly erroneous, contrary to competition, arbitrary, or capricious.Petitioner could not prove that Respondent's award of contract to Intervenor was arbitrary, capricious, erroneous or contrary to competition.

10-000912GM ADJUTANT GENERAL AND DEPARTMENT OF MILITARY AFFAIRS vs CLAY COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS (2010)

Division of Administrative Hearings, Florida Filed: Feb. 22, 2010

The Camp Blanding Joint Training Center ("Camp Blanding" or the "Camp") is in Clay County (the "County"). As the local government with land use authority over lands adjacent to and in close proximity to Camp Blanding, the County is required to amend or update the future land use element of its adopted comprehensive plan "to include criteria to be used to achieve the compatibility of lands adjacent or closely proximate to" the Camp. See § 163.3177(6)(a), Fla. Stat. (2009).1/ The County adopted Clay County Comprehensive Plan Amendment 09-1MIL in Ordinance No. 2009-65 in order to fulfill the statutory requirement.2/ The issue in this case is whether the Amendment is "in compliance" as that term is defined in section 163.3184(1)(a), Florida Statutes. To be in compliance the Amendment must be consistent with section 163.3177. Petitioners' specific contentions are that the Amendment is not consistent with subsections (6)(a) and (8)3/ of section 163.3177.4/It is "fairly debatable" that Clay County, over Camp Blandings objections, re-acted appropriately to data and analysis in adopting its military installation Amendment to Clay County Comp. Plan. Amendment is in compliance.

11-002225RU HARID CONSERVATORY OF MUSIC, INC. vs DEPARTMENT OF EDUCATION (2011)

Division of Administrative Hearings, Florida Filed: May 02, 2011

The issues is this case are: (1) whether a letter written by an attorney for Respondent, Department of Education (Respondent or Department), is an unpromulgated rule; whether Petitioner, Harid Conservatory of Music, Inc. (Petitioner or Harid), is substantially affected by the letter it seeks to challenge as an unpromulgated rule; and (3) whether, if Petitioner prevails, it is entitled to attorney's fees and costs pursuant to section 120.595(4), Florida Statutes (2010).1/Petitioner did not prove that it is substantially affected by challenged letter from Department attorney to school district attorney, or that letter meets the definition of a "rule." Petition is dismissed.

09-005759RX GAMESTOP, INC. vs DEPARTMENT OF REVENUE (2009)

Division of Administrative Hearings, Florida Filed: Oct. 20, 2009

Whether subsections (1) and (2) of Florida Administrative Code Rule 12A-1.074 enlarge, modify or contravene the specific provisions of law implemented, or are arbitrary or capricious, and thus constitute an invalid exercise of delegated legislative authority.The Rule is an invalid exercise of delegated legislative authority where it has the effect of nullifying one of the statutes it purports to implement.

08-003614GM DEPARTMENT OF COMMUNITY AFFAIRS vs MIAMI-DADE COUNTY (2008)

Division of Administrative Hearings, Florida Filed: Jul. 22, 2008

The issue in this case is whether the amendments to Miami- Dade County’s Comprehensive Development Master Plan (CDMP), adopted through Ordinance Nos. 08-44 and 08-45, are “in compliance” as that term is defined in Section 163.3184(1)(b), Florida Statutes (2008).1The County`s adoption of Ordinance 08-44 (Lowe`s Amendment) is not in compliance. The County`s adoption of Ordinance No. 08-45 is in compliance.

10-000535BID ECKERD YOUTH ALTERNATIVES, INC. vs DEPARTMENT OF JUVENILE JUSTICE (2010)

Division of Administrative Hearings, Florida Filed: Feb. 05, 2010

The issue in this case is whether the intended contract award to Intervenor pursuant to Request for Proposals P2056 for a Community Based Intervention Services Program in Brevard County, Florida, is contrary to Respondent’s governing statutes, Respondent’s policies and rules, and the request for proposals.Respondent's use of a long-standing policy to evaluate proposals was appropriate. Petitioner failed to protest the methodology that was traditionally used within 72 hours of the issuance of the RFP.

08-004192 ANN P. COWIN, IN HER CAPACITY AS SUPERINTENDENT OF LAKE COUNTY PUBLIC SCHOOLS AND DENNIS TEASLEY vs LARRY METZ, SCOTT STRONG, CINDY BARROW, JIMMY CONNOR, AND KYLEEN FISCHER, IN THER COLLECTIVE CAPACITY AS THE SCHOOL BOARD OF LAKE COUNTY, FLORIDA (2008)

Division of Administrative Hearings, Florida Filed: Aug. 25, 2008

The issue in this case is whether Respondent had good cause to reject the then Lake County Schools’ Superintendent’s nomination of Petitioner, Dennis Teasley, to be Assistant Principal I of Eustis High School for the 2008-2009 School year.The evidence did not prove that the former principal of an elementary school was not qualified or incapable of fulfilling a assistant high school principalship. There is no just cause for Respondent to reject the Superintendent`s recommendation.

05-002606 LAKE REGION AUDUBON SOCIETY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND SPANISH OAKS OF CENTRAL FLORIDA L.L.C. (2005)

Division of Administrative Hearings, Florida Filed: Jul. 20, 2005

The issues in this case are: whether the Petitioner, Lake Region Audubon Society (LRAS), a not-for-profit corporation, has filed a petition challenging the issuance of Environmental Resource Permit (ERP) No. 44025789.001 to Spanish Oaks of Central Florida, L.C.C. (Spanish Oaks); whether LRAS has standing to challenge the ERP; whether the Southwest Florida Water Management District (District, or SWFWMD) should issue the ERP to Spanish Oaks; and whether Spanish Oaks should be awarded attorney's fees and costs.Not-for-profit had standing under Subsection 403.412(6), Florida Statutes, and filings were not ultra vires; but the Environmental Resource Permit criteria for dry detention ponds were met, despite sinkhole allegations.