Leon FL Administrative law, Advertising and Environmental La -- eLawyers

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.

16-004128RU FLORIDA QUARTER HORSE RACING ASSOCIATION, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (2016)

Division of Administrative Hearings, Florida Filed: Jul. 22, 2016

Whether Respondent, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Division”), relied on an unadopted rule when it issued a 2016-2017 annual operating license and cardroom license to the South Florida Racing Association, LLC, d/b/a Hialeah Park (“Hialeah”), and continued to authorize slot machine operations at Hialeah beyond June 30, 2016.Agency's disregard of statutory application deadline and/or submission requirements was an unadopted rule.

17-001543BID JOE MORETTI PHASE THREE, LLC vs FLORIDA HOUSING FINANCE CORPORATION (2017)

Division of Administrative Hearings, Florida Filed: Mar. 14, 2017

The issue for determination in this consolidated bid protest proceeding is whether the Florida Housing Finance Corporation (“Florida Housing”) acted arbitrarily, capriciously, or contrary to competition by deeming the applications of Joe Moretti Phase Three, LLC. (“Moretti Phase Three”) and Stirrup Plaza Phase Three, LLC. (“Stirrup Plaza Phase Three”) ineligible for Request for Applications 2016-114, Housing Credit Financing for Affordable Housing Developments Located in Miami-Dade County (“RFA 2016-114”).Petitioners failed to demonstrate that Florida Housing's actions regarding their requests to amend Extended Use Agreements were arbitrary, capricious, or contrary to competition.

17-001544BID STIRRUP PLAZA PHASE THREE, LLC vs FLORIDA HOUSING FINANCE CORPORATION (2017)

Division of Administrative Hearings, Florida Filed: Mar. 14, 2017

The issue for determination in this consolidated bid protest proceeding is whether the Florida Housing Finance Corporation (“Florida Housing”) acted arbitrarily, capriciously, or contrary to competition by deeming the applications of Joe Moretti Phase Three, LLC. (“Moretti Phase Three”) and Stirrup Plaza Phase Three, LLC. (“Stirrup Plaza Phase Three”) ineligible for Request for Applications 2016-114, Housing Credit Financing for Affordable Housing Developments Located in Miami-Dade County (“RFA 2016-114”).Petitioners failed to demonstrate that Florida Housing's actions regarding their requests to amend Extended Use Agreements were arbitrary, capricious, or contrary to competition.

17-000117 TORNELLO LANDSCAPE CORP., D/B/A 3 BOYS FARM vs DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE, AND ALPHA FOLIAGE, INC. (2017)

Division of Administrative Hearings, Florida Filed: Jan. 09, 2017

The issue to be decided is which of the Petitioners, based upon a systematic comparison of their relevant characteristics, is the most qualified, relative to the other, to receive a license to operate as a medical marijuana dispensing organization in Florida's southwest region.Based upon a comparative review, the Petitioners are, in fact, equally qualified to receive a dispensing organization license; both should be licensed, if possible, but if not, the Petitioner having the slightly higher score should be approved,

76-626 Lamontagne v. Hunter (1977)

District Court of Appeal of Florida Filed: Feb. 04, 1977 Citations: 341 So. 2d 1074

341 So. 2d 1074 (1977) Charles LAMONTAGNE and Leo Lamontagne, Appellants, v. James W. HUNTER, As Administrator of the Estate of Robert S. Hunter, Deceased, Appellee. No. 76-626. District Court of Appeal of Florida, Second District. February 4, 1977. Russell K. Peavyhouse of Peavyhouse, Giglio, Grant, Clark & Charlton, Tampa, for appellants. Harley S. Miller, Plant City, for appellee. McNULTY, Judge. Appellants Charles and Leo Lamontagne, step-sons of the deceased testator Robert S. Hunter who div..

5D08-2463 Davis v. State (2009)

District Court of Appeal of Florida Filed: Aug. 11, 2009 Citations: 15 So. 3d 595

15 So. 3d 595 (2009) DAVIS v. STATE. No. 5D08-2463. District Court of Appeal of Florida, Fifth District. August 11, 2009. Decision without published opinion Affirmed.

15-006196N JOSEPH AUGUST SCLAFANI AND REBEKAH LEIGH SCLAFANI, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF JACOB ANTHONY SCLAFANI, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2015)

Division of Administrative Hearings, Florida Filed: Nov. 03, 2015

The issue in this case is whether Jacob Anthony Sclafani suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).Child did not sustain an injury to the brain during labor or delivery. Physical and mental impairments not substantial. The child does not have a mental impairment.

06-005016N MILLIENNE PAPIERRE AND EDNOR BETON, ON BEHALF OF AND AS PARENTS AND NATURALS GUARDIANS OF EVANS BETON, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2006)

Division of Administrative Hearings, Florida Filed: Dec. 11, 2006

At issue is whether Evans Beton, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).Proof failed to demonstrate infant suffered a "birth-related neurological injury." Claim dismissed.

08-006032N PAUL DAVID MASTERTON, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF TYLER LEE MASTERTON, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2008)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2008

At issue is whether Tyler Lee Masterton, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The child met all criteria for NICA compensation except for the conjunctive requirement of permanently and substantially mentally impaired and permanently and substantially physically impaired.

Tana Duden Storey