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Timothy B. Harvey
Timothy B. Harvey
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Bar #1007972(FL)     License for 6 years; Member in Good Standing
Myakka FL

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06-002393BID  LOGISTICARE SOLUTION, LLC vs COMMISSION FOR THE TRANSPORTATION DISADVANTAGED  (2006)
Division of Administrative Hearings, Florida Filed: Jul. 07, 2006
Whether Petitioner's substantial interests are at issue in this proceeding; whether Respondent's decision to award a contract to Intervenor was clearly erroneous, arbitrary, capricious, illegal, dishonest, or contrary to competition; whether Petitioner brought this protest for an improper purpose; whether Intervenor should be awarded its attorney's fees for Petitioner's violation of Section 57.105, Florida Statutes (2005).Petitioner failed to prove bias or failure to follow mandatory requirements by the evaluators; the evaluation was not arbitrary; the bids are responsive. Recommend that the bid challenge be dismissed. Attorney`s fees are denied.
05-002745CON  KINDRED HOSPITALS EAST, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2005)
Division of Administrative Hearings, Florida Filed: Jul. 28, 2005
Kindred Hospitals East, LLC (Kindred) filed CON Application 9831 with the Agency for Health Care (AHCA or the "Agency"). The application seeks the establishment of a 60-bed Long Term Care Hospital (an "LTCH") in Volusia County, AHCA Health Care Planning District 4. The Agency preliminarily denied the application. Kindred has challenged the denial. The issue in this case is whether the application should be approved.Petitioner`s need methodology was legally invalid and the application was flawed for demonstrating the need for a long term care hospital in Volusia County.

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