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17-005801RE NATURE'S WAY NURSERY OF MIAMI, INC. vs FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE BRANCH AGENCY OF THE STATE OF FLORIDA (2017)

Division of Administrative Hearings, Florida Filed: Oct. 19, 2017

The issues to be decided are (i) whether Emergency Rule 64ER17-7(1)(b)-(d) constitutes an invalid exercise of delegated legislative authority, and (ii) whether Respondent's scoring methodology, which comprises several policies and procedures for determining the aggregate scores of the nurseries that applied for Dispensing Organization licenses in 2015, constitutes an unadopted rule.Rule 64ER17-7(1)(b)-(d) constitutes an invalid exercise of delegated legislative authority, and the policies upon which Respondent based its scoring of nurseries in the 2015 dispensing-organization application cycle constitute an unadopted rule.

18-000720RU NATURE'S WAY NURSERY OF MIAMI, INC. vs FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE BRANCH AGENCY OF THE STATE OF FLORIDA (2018)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2018

Rule 64ER17-7(1)(b)-(d) constitutes an invalid exercise of delegated legislative authority, and the policies upon which Respondent based its scoring of nurseries in the 2015 dispensing-organization application cycle constitute an unadopted rule.

18-002838RP LOUIS DEL FAVERO ORCHIDS, INC. vs FLORIDA DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE (2018)

Division of Administrative Hearings, Florida Filed: Jun. 01, 2018

The issue in this case is whether proposed Florida Administrative Code Rule 64-4.002 (the “Proposed Rule”) is an invalid exercise of the legislative authority delegated to the Department of Health (the “Department”).Petitioner proved that the Proposed Rule is an invalid exercise of delegated legislative authority.

18-000721 NATURE'S WAY NURSERY OF MIAMI, INC. vs FLORIDA DEPARTMENT OF HEALTH, AN EXECUTIVE BRANCH AGENCY OF THE STATE OF FLORIDA (2018)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2018

The issue to be decided is whether Petitioner meets the "within-one-point" condition of eligibility for licensure as a medical marijuana treatment center under section 381.986(8)(a)2.a., Florida Statutes.Petitioner meets the "within-one-point" condition of eligibility for licensure as a medical marijuana treatment center.

17-005800BID FLUOR-ASTALDI-MCM, JOINT VENTURE vs DEPARTMENT OF TRANSPORTATION (2017)

Division of Administrative Hearings, Florida Filed: Oct. 19, 2017

Whether Respondent, Department of Transportation’s (“Department” or DOT”), notice of intent to award a contract to Intervenor, Archer Western De-Moya, Joint Venture (“AWD”), for a transportation project involving the design and reconstruction of federal and state roadways in Miami, Florida (“the Project”), is contrary to governing statutes, DOT’s rules, or the bid specifications; and, if so, whether the award is contrary to competition, clearly erroneous, or arbitrary and capricious.Petitioner did not prove the Department's intended award to the Intervenor for a design-build project pursuant to section 334.30, Florida Statutes, was clearly erroneous, contrary to competition, arbitrary or capricious.

17-000116 PLANTS OF RUSKIN, INC. vs DEPARTMENT OF HEALTH (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,

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,

15-007274 LOOP'S NURSERY AND GREENHOUSES, INC. vs DEPARTMENT OF HEALTH, OFFICE OF COMPASSIONATE USE (2015)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2015

The issue in this case is whether Petitioner, Loop’s Nursery & Greenhouses, Inc. (“Loop’s”), was entitled to be a dispensing organization under section 381.986, Florida Statutes, and applicable rules when its application was reviewed by Respondent, Department of Health, Office of Compassionate Use (the “Department” or “OCU”), in July through November 2015. Unless specifically stated otherwise herein, all references to Florida Statutes shall be to the 2015 version, as this case involves a backwards-looking, retrospective assessment of the Loop’s application.Petitioner did not prove, by a preponderance of evidence, that its application to be a dispensing organization should have been approved.

SC07-1131 FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC (2008)

Supreme Court of Florida Filed: Jul. 10, 2008 Citations: 986 So. 2d 1260

986 So. 2d 1260 (2008) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner, v. CONTRACTPOINT FLORIDA PARKS, LLC, et al., Respondents. No. SC07-1131. Supreme Court of Florida. July 10, 2008. *1261 Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, and Louis F. Hubener, Chief Deputy Solicitor General, Tallahassee, FL, for Petitioner. Mike Piscitelli, Bradley S. Copenhaver, and Eduardo S. Lombard of Vezina, Lawrence and Piscitelli, P.A., Fort Lauderdale, Florida, and W. Rober..

86-3084 State v. McClain (1987)

District Court of Appeal of Florida Filed: Jul. 22, 1987 Citations: 509 So. 2d 1360

509 So. 2d 1360 (1987) STATE of Florida, Appellant, v. Oliver McCLAIN, Appellee. No. 86-3084. District Court of Appeal of Florida, Second District. July 22, 1987. *1361 Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant. James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellee. SCHOONOVER, Judge. The State of Florida appeals the judgment and sentence entered by the trial court aft..

W Robert Vezina III