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Matthew R Bernier
Matthew R Bernier
Visitors: 45
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Bar #59886(FL)     License for 17 years
Tallahassee FL

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19-006137RP  OFFICE OF PUBLIC COUNSEL vs FLORIDA PUBLIC SERVICE COMMISSION  (2019)
Division of Administrative Hearings, Florida Filed: Nov. 15, 2019
I. Whether the Office of Public Counsel (Petitioner or the Public Counsel) and Florida Industrial Power Users Group (Florida Industrial) have standing. II. Whether proposed rules 25-6.030(3)(d), 25-6.030(3)(e), 25-6.030(3)(j), 25-6.031(6), and 25-6.031(7)(c), proposed by the Florida Public Service Commission (Respondent or the Commission), are valid exercises of delegated legislative authority.Petitioner and Intervenor had standing to challenge the proposed rules, but the evidence showed that the proposed rules are not invalid exercises of delegated legislative authority.
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.
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.

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