Duval FL Education and Government Lawyers | Thomas Albert De -- eLawyers

09-005341PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ISABELLA K. SHARPE, M.D. (2009)

Division of Administrative Hearings, Florida Filed: Oct. 01, 2009

The issues to be determined are whether Respondent is unable to practice medicine with reasonable skill and safety by reason of illness, or physical or mental condition, in violation of Section 458.331(1)(s), Florida Statutes (2008, 2009)1/, and if so, what penalty or restriction should be imposed?Petitioner demonstrated by clear and convincing evidence that Respondent is unable to practice with reasonable skill and safety to patients by virtue of her mental condition.

15-002653PL DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE AGENT AND AGENCY SERVICES vs GARY L. MCKINLEY (2015)

Division of Administrative Hearings, Florida Filed: May 14, 2015

The issue to be determined is whether Respondent, Gary L. McKinley (Respondent or McKinley), violated sections 626.611(5), (7), (8), (9), or (13); 626.621(2) or (6); 626.9521; 626.9541(1)(e)1.; or 627.4554, Florida Statutes (2007-2010), or Florida Administrative Code Rules 69B-215.210 or 69B-215.230 as alleged in the Administrative Complaint. If it is found that Respondent violated any or all of these provisions as alleged, then it must be determined what penalty should be imposed.Petitioner failed to prove the allegations in the Administrative Complaint. Recommend dismissal.

16-001947 KELLY A. CUMMINGS vs STATE BOARD OF ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Apr. 08, 2016

The issue is whether Petitioner is entitled to rescind a "second election" to invest in the Florida Retirement System (FRS) Investment Plan on the ground that, when filed, the second election failed to comply with the requirements of sections 121.4501(4)(g) and 121.021(17)(b), Florida Statutes (2012).FRS participant may not rescind second election made in month in which she earned service credit by use of sick and annual leave because second election during such month was authorized by statute.

14-003094 JOSEPH ANTHONY FULLER vs BOARD OF TRUSTEES OF THE CITY OF JACKSONVILLE RETIREMENT SYSTEM (2014)

Division of Administrative Hearings, Florida Filed: Jun. 27, 2014

The issue in this case is whether, pursuant to section 112.3172, Florida Statutes, the pension rights and privileges of Petitioner, Joseph Anthony Fuller, in the City of Jacksonville Retirement System should be forfeited.City pension board failed to establish statutory grounds for forfeiture of former employee's retirement, where the employee was allowed to resign prior to termination.

13-004958PL PAM STEWART, AS COMMISSIONER OF EDUCATION vs DONNA BURNEY (2013)

Division of Administrative Hearings, Florida Filed: Dec. 23, 2013

The issue to be determined is whether Respondent is guilty of violating section 1012.795(1)(c) and (g), Florida Statutes (2010), as charged in the Administrative Complaint, and if so, what penalty should be imposed?Petitioner proved conduct seriously reducing Respondent's effectiveness but did not prove incompetency. Recommend probation with retraining.

14-002205RX DONNA A. BURNEY vs STATE BOARD OF EDUCATION (2014)

Division of Administrative Hearings, Florida Filed: May 14, 2014

The issue to be determined is whether the Division of Administrative Hearings has jurisdiction to determine whether Florida Administrative Code Rule 6B-4.009 is an invalid exercise of delegated legislative authority in violation of section 120.52(8)(d), Florida Statutes (2013).DOAH does not have jurisdction to consider challenge to rule 6B-4.009 because it is no longer in existence.

12-002041 HARRY M. KOSLOWSKI, M.D. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION (2012)

Division of Administrative Hearings, Florida Filed: Jun. 13, 2012

The issue is whether Petitioner engaged in a pattern or practice of overutilization as alleged in the Notice of Intent to Revoke Certification and Impose Penalties Pursuant to section 440.13, Florida Statutes ("Notice of Intent") dated April 12, 2012, and, if so, what penalty should be imposed on Petitioner.Department failed to demonstrate that Petitioner engaged in a pattern or practice of overutilization sufficient to revoke his certification as a workers' compensation provider.

13-000441 DUVAL COUNTY SCHOOL BOARD vs SHARON SANDERS (2013)

Division of Administrative Hearings, Florida Filed: Jan. 31, 2013

Whether Respondent should be subject to demotion for directing staff to violate testing protocols related to the administration of the February 28, 2012, FCAT Writes test (FCAT test); for subsequently failing to report violations that were known to Respondent at the time of the administration of the FCAT test; and for making inappropriate comments to staff regarding the investigation of the reported violations, as alleged in Petitioner?s January 3, 2013, Notice of Discipline and, if so, the nature of the sanctions.Petitioner failed to prove, by a preponderance of the evidence, that Respondent committed the acts alleged in the Notice of Discipline. The Notice of Discipline should be dismissed.

11-001860 DEPARTMENT OF CHILDREN AND FAMILIES vs TRUE HOPE AND DELIVERANCE MINISTRIES, INC., D/B/A TRUE HOPE DEVELOPMENTAL ACADEMY (2011)

Division of Administrative Hearings, Florida Filed: Apr. 14, 2011

At issue is whether the Respondent committed the violations alleged in the Administrative Complaint and, if so, what penalties should be imposed.The Department proved by clear and convincing evidence that Respondent failed to respond adequately when it discovered an injury to a child in its care.

10-001675 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs PALATKA WELDING SHOP, INC. (2010)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2010

Whether Respondent failed to secure the payment of workers’ compensation in violation of Sections 440.10(1), 440.38(1) and 440.107(2), Florida Statutes, by materially misrepresenting and concealing employee duties as to avoid proper classification for premium calculation, and if so, what is the appropriate penalty?Petitioner failed to prove that Responent materially misrepresented or concealed employee duties in order to avoid proper classification for workers' comp insurance premium calculation.

Thomas Albert Delegal, III