Leon FL Administrative law, Federal regulation and Governmen -- eLawyers

14-005036RX BISCAYNE BAY PILOTS, INC.; PORT EVERGLADES PILOTS, INC., D/B/A PORT EVERGLADES PILOTS ASSOCIATION; AND THE FLORIDA STATE PILOTS' ASSOCIATION, INC., D/B/A FLORIDA HARBOR PILOTS ASSOCIATION vs BOARD OF PILOT COMMISSIONERS, PILOTAGE RATE REVIEW COMMITTEE AND DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2014)

Division of Administrative Hearings, Florida Filed: Oct. 23, 2014

The issue is whether Florida Administrative Code Rule 61G14-22.012 is an invalid exercise of legislatively delegated authority in violation of section 120.52(8), Florida Statutes (2014).Rule 61G14-22.012 constitutes an invalid exercise of legislative authority within the meaning of section 120.52(8)(b), (c), (e), and the flush left provision.

10-002335 ACL BAHAMAS LIMITED AND INDIAN RIVER TERMINAL, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, PILOTAGE RATE REVIEW COMMITTEE (2010)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2010

Whether the application of the Fort Pierce Pilots Association for an increase in the pilotage rates for the Port of Fort Pierce should be granted in whole or in part, or denied.There was not sufficient credible and persuasive evidence presented at hearing to support findings of fact materially different from the findings of the Board in its Notice of Intent.

05-002630RP ATTORNEYS` TITLE INSURANCE FUND, INC., AND FLORIDA LAND TITLE ASSOCIATION, INC. vs FINANCIAL SERVICES COMMISSION, AND OFFICE OF INSURANCE REGULATION (2005)

Division of Administrative Hearings, Florida Filed: Jul. 25, 2005

Whether Proposed Rule 69O-186.003(1)(c) should be invalidated on the grounds that it is an invalid delegation of legislative authority as defined in Section 120.52(8), Florida Statutes (2005).1OIR failed to proved that procedures followed in publishing notice of intent to adopt Proposed Rule 690-186.003(l)(c) did not materially deviate from rulemaking procedures. Proposed Rule is, therefore, invalid exercise of delegated legislative authority.

95-006180 CALDER RACE COURSE, INC., AND TROPICAL PARK, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING (1995)

Division of Administrative Hearings, Florida Filed: Dec. 19, 1995

Whether Petitioners are entitled to exceed the twenty percent cap on simulcasts.Amendment to statutes and agency`s policy change mandate approval of petitioners` requests for full card simulcasting.

02-002966BID CORRECTIONAL SERVICES CORPORATION vs DEPARTMENT OF JUVENILE JUSTICE (2002)

Division of Administrative Hearings, Florida Filed: Jul. 26, 2002

Are the intended contract awards by the Department of Juvenile Justice (Department) to Intervenor, Ramsay Youth Services, Inc. (Ramsay) under Request for Proposal (RFP) Numbers J5G01 and J5G02 contrary to the Department's governing statutes, applicable rules or policies, or the specifications of the RFPs?Petitioner failed to show that intended contract awards to Ramsay were arbitrary or capricious, contrary to competition, or clearly erroneous, or that contract awards were contrary to Department`s governing statutes or applicable rules.

02-002967BID CORRECTIONAL SERVICES CORPORATION vs DEPARTMENT OF JUVENILE JUSTICE (2002)

Division of Administrative Hearings, Florida Filed: Jul. 26, 2002

Are the intended contract awards by the Department of Juvenile Justice (Department) to Intervenor, Ramsay Youth Services, Inc. (Ramsay) under Request for Proposal (RFP) Numbers J5G01 and J5G02 contrary to the Department's governing statutes, applicable rules or policies, or the specifications of the RFPs?Petitioner failed to show that intended contract awards to Ramsay were arbitrary or capricious, contrary to competition, or clearly erroneous, or that contract awards were contrary to Department`s governing statutes or applicable rules.

01-003753RP FOOD SAFETY TRAINING, INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS (2001)

Division of Administrative Hearings, Florida Filed: Sep. 20, 2001

The issues in this case concern whether challenged portions of Proposed Rule 61C-4.023(4)(b) either separately or together constitute an “invalid exercise of delegated legislative authority” on the grounds that the agency has exceeded its grant of rulemaking authority; the proposed rule enlarges, modifies, or contravenes the specific provisions of law implemented; or both.Petitioner demonstrated that certain provisions of Proposed Rule 61C-4.023(4)(b) constituted invalid exercises of delegated legislative authority.

99-001106BID VANGARD COMMERCIAL REALTY, INC., vs ROBERT C. AND SARA E. COOK AND DEPARTMENT OF JUVENILE JUSTICE (1999)

Division of Administrative Hearings, Florida Filed: Mar. 12, 1999

The issue in this case is whether the agency's proposed award of a lease for commercial office space to Respondents, Robert C. and Sara E. Cook (the "Cooks"), is contrary to the agency's governing statutes, the agency's rules or policies, or the bid proposal specifications pursuant to Section 120.57(3)(f), Florida Statutes (1997). (All chapter and section references are to Florida Statutes (1997) unless otherwise stated).Proposal for lease with power of attorney not signed by both property owners is a material defect, renders proposal non-responsive, and justifies award of second rated proposal. Note: Agency FO issue date and file date with DOAH are correct.

98-003441RX LAKEWOOD SENIOR APARTMENTS LIMITED PARTNERSHIP vs FLORIDA HOUSING FINANCE CORPORATION (1998)

Division of Administrative Hearings, Florida Filed: Jul. 28, 1998

The issue in Case No. 98-3441RX is whether a 15 percent penalty provision of the Florida Housing Finance Corporation's 1998 Application Package for Low Income Housing Tax Credits, adopted and incorporated into the Florida Administrative Code, by reference pursuant to Rules 67-48.002(10) and 67-48.004(1), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority. The issue in Case No. 98-3873 is whether Respondent appropriately applied the 15 percent penalty to Petitioner on its 1998 Application for Low Income Housing Tax Credits.Rule imposing 15 percent penalty for errors on application for affordable housing not an invalid exercise or delegated legislative authority. Rule properly applied to Petitioner.

94-001475BID SPACESAVER STORAGE SYSTEMS, INC. vs DEPARTMENT OF EDUCATION (1994)

Division of Administrative Hearings, Florida Filed: Mar. 21, 1994

This is a bid protest proceeding to determine whether the Respondent, State of Florida, Department of Education acted arbitrarily, dishonestly, fraudulently, or illegally in proposing to award Intervenor, Tab Products of Central Florida, the contract called for in the Department's Invitation to Bid No. 94-28 for "High Density Mechanical & Electrical Compact Shelving" for the Division of Blind Services Library, Daytona Beach, Florida.Inconsistency between plan and drawings in bid not material; listing of model number with incorrect digit was typo error-agency bid award was proper

Warren H Husband