Tallahassee, FL
Business Lawyer at Tallahassee, FL
Practice Areas: Business, Administrative Law
OUTCOME: Award of Contract upheld.
Petitioner failed in its burden of establishing grounds for protest of DHSMV's intended contract award to Intervenor.
OUTCOME: Award of Contract upheld.
Petitioner's proposal was non-responsive to the terms of the ITN. Petitioner failed to demonstrate that the proposals of the other vendors were non-responsive, or that the process was contrary to compe ... tition. Award of the contract to Intervenor upheld.
OUTCOME: Plurality Opinion 3-3-1
The issue for the Florida Supreme Court was whether an individual's driver's license could be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under section 322.2615, Fl ... orida Statutes (2006), for the refusal to submit to a test of his or her breath-alcohol level where the refusal is not incident to a lawful arrest and, if not, whether the hearing officer has authority to review whether the refusal was incident to a lawful arrest. The Court, in a plurality opinion, determined that DHSMV cannot suspend a driver's license for refusal to submit to a breath test if the refusal is not incident to a lawful arrest. Additionally, the Court determined that the issue of whether a refusal was incident to a lawful arrest is within the allowable scope of review of the DHSMV hearing officer.
OUTCOME: Affirmed
Professional Engineer, who was found to have attempted to mislead homeowners, and possibly the Building Department, was lawfully found to have committed professional misconduct. The Court held that th ... e Board's construction of applicable statute was consistent with legislative intent. The findings of fact adopted by the Board were supported by competent substantial evidence in the record.
OUTCOME: Revocation Affirmed; Fine Reversed.
Administrative Complaint charging fraud in obtaining two licenses and failing to cooperate in investigation, adequately notified investigator that all five licenses were at risk in the administrative p ... roceeding. Agency may not increase penalty without stating particular reason for doing so.
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