The issue is whether the proceeding initiated by the Department to suspend the certificate of qualification of Traylor Brothers, Inc. and Archer-Western Contractors, Ltd. on May 30, 1991, should be dismissed for failure to comply with the Department's own procedural rules.DOT's notice of intent to suspend the Certificate of Qualifications for joint ventures promulgated in violation of Rule 14-23.013(1).

The issues are whether Clark Construction Co., Inc., (Clark) is delinquent due to unsatisfactory progress being made on the bridge construction project State Project No. 61530-3601, and if so, whether Clark's Certificate of Qualification should be suspended.Contractor should not be found delinquent on state project where delay is caused by DOT's error in specifying piling lengths.

Whether, when respondents increased the rent for certain mobile home lots effective December 1, 1986, they violated Section 732.031(7), Florida Statutes (1987)? Whether respondents violated Section 732.031(5), Florida Statutes (1987), when they raised the rent for specified mobile home lots effective October 1, 1987?Rent increase antedated distribution of prospectuses. DBR had to prove premature increase plus tenants' failure to elect cancellation.

The Respondents have all been charged with multiple violations of Chapter 48, Florida Statutes. The specific violations charged raise the following issues: Whether the Respondents violated Section 489.023(1), Florida Statutes, by offering, disposing, or participating in the offer or disposition of subdivided lands located in Dade and Osceola Counties, Florida, without a valid order of registration from the Division of Florida Land Sales, Condominiums and Mobile Homes. Whether the Respondents violated Section 498.023(2), Florida Statutes, by disposing or participating in the disposition of subdivided lands located in Dade and Osceola Counties, Florida, without furnishing each purchaser with a public offering statement, approved by the Division of Florida Land Sales, Condominiums and Mobile Homes, prior to the purchase. Whether the Respondents violated Section 498.023(3), Florida Statutes, by disposing or participating in the disposition of subdivided lands principally offered by long distance telephone solicitation without furnishing the prospective purchaser with a copy of a synopsis or summary of the sales script, approved by the Division of Florida Land Sales, Condominiums and Mobile Homes prior to the execution of the sales agreement Whether Melvin Lewis, Larry Burton Lewis, Virginia G. Young, or Julio Bercowicz are jointly and severally liable with one or more of the other Respondents for the foregoing violations because of materially participating in the offer or disposition of subdivided lands located in Florida, which offers or dispositions were made in violation of Chapter 498, Florida Statutes, and involved fraud, deception, false pretenses, misrepresentation, or false advertising. Underlying all of the foregoing issues is the issue of whether the activities of the Respondents alleged in the several Notices To Show Cause constitute a "common promotional plan" within the meaning of Rule 7D-1.003(3), Florida Administrative Code.Evidence established lots were offered as ""part of a common promotional plan""; civil penalties totaling $5,230,000.00 recommended.

Previous owner could not rescind the lot rental increase as he was without authority to control what he no longer owned.

Civil penalty recommended for failing to mail copies of budget/financial report, wrongful expenditure of capital & not filing condo documents.

Before J. Lawrence Johnston, Hearing Officer, Division of Administrative Hearings. For Respondent: Reynold Meyer, Esquire, of Tallahassee For Petitioner: James W. Anderson, Esquire, of Tallahassee A hearing was held in Tallahassee on May 6, 1988, on this challenge to the validity of the entire Chapter 14-91, Florida Administrative Code, but particularly with respect to the "shortlisting" of design/build teams (Rules 14-DOT rule for shortlisting design-build teams and limiting proposals valid; within statutory authority and statute implemented; not arbitrary or capricious.

Protest of design-build short list is BID protest. No waiver of deficiency in notice to contractors. No deficiency-team need not be prequalified.

Careage application for nursing home granted over Surrey's because it proposes considerably higher levels of nursing staff and special need programs.

Department can not expand rule at hearing by use of policy not supported by reasonable basis. Use of most recent population data to suport need calculation justified