Annexation — Voluntary —
Circuit Court Order Finding That the City of Edgewater Had Standing to Intervene Reversed, ERISI-2265.
Circuit Court Grant of Writ of Prohibition Preventing Destruction of a Dog Deemed Dangerous Quashed, ERISI-2266.
Circuit Court Quashes Code Enforcement Order Requiring a Dog Deemed Dangerous to Be Euthanized —
Order Quashed — Alleged Unprovoked Attack On Another Dog, ERISI-2267.
Code Enforcement Bd. Citation For Overgrown Property With Abandoned Vehicles & Debris Affirmed, ERISI-2268.
Circuit Court Quashes City Denial of Site Plan Approval For Mixed Use Development, ERISI-2269.
Code Enforcement Citation For High Grass —
Citation Quashed Due to Procedural Defects, ERISI-2270.
Appellate Court Order On Motion For Rehearing: Kupke v. Orange County, ERISI-2271.
Circuit Court Affirms Constitutionality of “Rave Club” Ordinance & Denial of Respondent’s Motion to Dismiss An Appurtenant Criminal Complaint, ERISI-2272.
Circuit Court Affirms County Approval of Wetlands Impact Permit For Residential Subdivision, ERISI-2273.
Circuit Court Affirms County Denial of Application to Operate a Year-Round Retail & Wholesale Fireworks Business, ERISI-2274.
Circuit Court Affirms County Denial of Rezoning Request (On Basis of School Concurrency) Affirmed, ERISI-2275.
Circuit Court Affirms Denial of Industrial Rezoning, ERISI-2276.
Circuit Court Affirms Determination That a Dome-Shaped Boathouse Was Not An “Accessory Structure,” 04:190-J.
Circuit Court Denial of Constitutional Challenge to Adult Entertainment Code Reversed & Remanded, ERISI-2277.
Circuit Court Grants Motion For Rehearing & Clarification: Apopka Wheel & Tire v. Orange County, ERISI-2278.
Circuit Court Reversal of County Denial of Final Development Plan Approval Reversed, ERISI-2279.
Circuit Court Summary Judgment In Favor of County In Inverse Condemnation Suit Reversed, ERISI-2280.
Code Enforcement Bd. —
Appellate Court Quashes Code Enforcement Bd. Citation of Farm For Outdoor Storage of “Junk” For Procedural Due Process Violations, ERISI-2281.
Circuit Court Affirms Citation For Junk & Trash On Premises, ERISI-2282.
Circuit Court Affirms Citation For Unpermitted Activities In Lakeshore Wetlands, ERISI-2283.
Circuit Court Affirms Code Enforcement Bd. Citation For Unpermitted Lakeshore Dredging, ERISI-2284.
Circuit Court Affirms County Denial of Extension of Code Enforcement Demolition Order — Unsafe & Inadequate Building, ERISI-2285.
Circuit Court Affirms County Determination That Petitioner’s Property Cited For Junk Was Not a “Farm,” 05:011-J.
Circuit Court Affirms Denial of Plan to Allow Operation of a Jet Ski & Ski Boat Rental Business, ERISI-2286.
Circuit Court Dismissal of 42 U.S.C. 1983 Action Assailing Code Enforcement Action Reversed, ERISI-2287.
Circuit Court Dismisses Citation For Operating An Adult Bookstore Without a License Finding County Ordinance Facially Unconstitutional, ERISI-2288.
Circuit Court Grants Authorization to Foreclose For Code Violations, ERISI-2289.
Circuit Court Quashes Citation For Junkyard In a Residential Area, ERISI-2290.
Circuit Court Reverses Citation For Operating a Landfill Without the Requisite Permit & Special Exception, ERISI-2291.
Circuit Court Reverses Citation For Storage of a Mobile Home On Agricultural Property Quashed, ERISI-2292.
Circuit Court Reverses County Code Violation for Outdoor Storage of Junk, Auto Parts & Debris, ERISI-2293.
Citation to Farmer for Unauthorized Junkyard Consisting of Farm Machinery —
Circuit Court Affirmance Quashed, ERISI-2294.
Junkyard/Storing An RV Without a Permit/Residing In a RV/Operating An Auto Service Business Not Permitted, ERISI-2295.
Commission Denial of Special Exception to Allow Low-Tech Composting Facility to Expand Into Production of Firewood & Lumber —
Circuit Court Affirms County Denial, ERISI-2296.
Denial of Transfer of Liquor Store License On Basis of Ordinance Providing For Minimum Distance Between Liquor Stores —
Supreme Court Reverses District Court of Appeal Reversal of Circuit Court Judgment & Upholds County Action & Ordinance, ERISI-2297.
Developer’s Agreement Which Promised Amendment to Comprehensive Plan & Rezoning Repudiated —
Circuit Court Dismissal of Developer Suit Affirmed In Part With Leave to Amend & Refile, ERISI-2298.
Permit —
Boat Ramp In Residential Subdivision —
Circuit Court Grant of Motion to Dismiss Reversed, ERISI-2299.
Circuit Court Affirmance of Code Enforcement Bd. Action Against Fireworks Store Affirmed, ERISI-2300.
City Involuntarily Annexes Certain Property —
Petition For Certiorari Denied On Basis That Petitioner Was Not Registered to Vote At the Annexed Property, ERISI-2301.
City Order to Remove Billboard Within Setback From Residential District —
Circuit Court Denies Certiorari, ERISI-2302.
City Refuses to Order a Hospital to Retrofit a Stormwater Facility to Protect An Adjacent Property Owner From a Large Diesel Fuel Spill —
Circuit Court Affirms, ERISI-2303.
Code Enforcement Bd. —
Circuit Court Suit Seeking Writ of Prohibition to Disqualify the Bd. Dismissed, ERISI-2304.
Circuit Court Summary Judgment In Favor of the City Reversed, ERISI-2305.
Citation For Construction of a Residential Slab & Parking a Boat Thereon Without a Permit —
Citation For Destruction of An Historic Home Contrary to Stop Work Order Affirmed, ERISI-2306.
Citation For Improvements Inside Condo Without Permits, ERISI-2307.
Citation For Improvements to Residence Without a Sidewalk Reversed, ERISI-2308.
Circuit Court Issues Writ of Mandamus Compelling City Submittal of Ballot Charter Amendment Regarding Build Height to Voters, ERISI-2309.
Circuit Court Reverses Code Enforcement Citation For Substandard Aviation Fuel Storage Tanks, ERISI-2310.
Circuit Court Grant of Inverse Condemnation Claim Reversed —
Landfill — Construction & Demolition Debris — Existing — Denial of Renewal of Special Use & Operating Permits, ERISI-2311.
Circuit Court Nonfinal Order Finding County & DEP Liable For An Inverse Condemnation —
Landfill — Private — Appellate Review Found Unavailable Despite 70.001(6)(a) (Which Was Held to Be Null & Void), ERISI-2312.
Order On Motion For Rehearing: Osceola County, et al. v. Best Diversified, Inc., et al., ERISI-2313.
Code Enforcement Bd. —
Maintenance of Property, ERISI-2314.
Circuit Court Affirms & Reverses In Part Code Enforcement Bd. Citation of Auto Salvage Facility For the Height of Storage Racks & Vehicles, ERISI-2315.
Circuit Court Affirms Classification of a Dog As Vicious After An Unprovoked Attack Resulting In Serious Injuries, ERISI-2316.
Circuit Court Affirms County Charter Amendment Providing An Exclusive Method of Voluntary Annexation —
County Ordered to Place Measure On Next Ballot At Either General or Special Election, ERISI-2317.
Circuit Court Affirms Development Orders For Biotechnology Research Park, ERISI-2318.
Circuit Court Denial of Business Damages In Eminent Domain Case Affirmed, ERISI-2319.
Circuit Court Denial of Third Party Action Seeking To Enjoin Construction of a Public High School Affirmed, ERISI-2320.
Circuit Court Denies Motion to Dismiss Citation For Violation of Noise Ordinance — Constitutional Challenge, ERISI-2321.
Circuit Court Inverse Condemnation Award —
Exclusion of Expert Testimony Regarding “Property Blight” Found to Constitute Reversible Error, ERISI-2322.
Circuit Court Reverses Citation For Failure to Screen Allegedly Grandfathered Roof Air Conditioning Units, ERISI-2323.
Circuit Court Reverses Code Enforcement Bd. Dismissal of County Complaint Alleging Violations of the Land Development Code — Billboard Removal, ERISI-2324.
Eminent Domain —
School Bd. —
Circuit Court Affirms & Reverses In Part An Award of Attorney’s Fees & Costs, ERISI-2325.
Northern Palm Beach County Improvement Dist. —
Circuit Court Denial of Challenge to Validity of Property Assessments & Impact Fees For Road Expansion Affirmed, ERISI-2326.
Legal Framework Governing Examined, ERISI-2327.
Parks & Recreation Dept. — Okeeheelee Ski Course Enforcement Bd. —
Notice of Violations Quashed On Basis of Procedural Due Process Violations, ERISI-2328.
Rights-of-Way —
Ordinance Imposing Annual Fees On Telecommunications Companies Utilizing County Rights-of-Way —
Circuit Court Invalidation of Fees Reversed, ERISI-2329.
Eminent Domain —
Quick Take of Parcel For An Elementary School — Circuit Court Order Authorizing Affirmed, ERISI-2330.
Circuit Court Affirms City Denial of Increase In Density of a Planned Unit Development — Affirmed, ERISI-2331.
Eminent Domain — Circuit Court Denies Order of Taking For Olympia Theater Due to Lack of Necessity, ERISI-2332.
Bond Validation —
Circuit Court Invalidation of Bond Issue Quashed, ERISI-2333.
Circuit Court Must Maintain a Very Deferential Standard of Review, ERISI-2334.
Redevelopment Agency — Parks — Beachfront, ERISI-2335.
City Denies Variance From Rear & Side Yard Setbacks — Property Ruled to Be Outside Coastal Zoning Overlay — Affirmed, ERISI-2336.
Circuit Court Affirms City Denial of Application For Master Plan Approval of a PUD, ERISI-2337.
Bond Issue Secured By Ad Valorem Taxes —
Circuit Court Holding That Ad Valorem Taxes Must Actually Be Levied Prior to Being Pledged Affirmed & Reversed In Part, ERISI-2338.
Circuit Court Dismissal of Challenge to Preliminary Site Plan & Variance Approval For Lack of Standing Quashed, ERISI-2339.
Circuit Court Suit Challenging Nonfinal Development Order — Third Party — Appeal Dismissed As Premature, ERISI-2340.
Code Enforcement Bd. —
Circuit Court Affirms Citation For Failure to Obtain a Permit For a Double Wide Mobile Home, ERISI-2341.
After-the-Fact —
Air — General — Concrete Batching Plant, ERISI-2342.
DEP Found to Have Properly Allowed Continued Operation Pending Proceeding Regarding, ERISI-2343.
Air Pollution —
Abatement of Excessive & Unnecessary Noise Can Be Required, ERISI-2344.
Air Curtain Incinerator (See Construction)
Concrete Batching Plant — General, ERISI-2345.
Nuisance — Defined & Discussed, ERISI-2346.
Objectionable Odors Discussed, ERISI-2347.
Third Party Challenge Dismissed For Lack of Standing, ERISI-2348.
Visible Emissions Test Cannot Be Performed By Viewing Photographs Or Videotape, ERISI-2349.
Applicant Has Burden of Proof (See Also Application; PRACTICE & PROCEDURE, Burden of Proof), ERISI-2350.
Applicant Has Burden of Proof —
Both Applicant & Agency Found to Have Equivalent Burdens of Proof —
Unique Case Involving Dept. of Health Approval of Novel Septic Tank Drainfield System, ERISI-2351.
By a Preponderance of the Evidence, ERISI-2352.
Establishment & Effect of Prima Facie Case, ERISI-2353.
Every Fact Need Not Be Proven — Challenger Must Properly Frame Issues, ERISI-2354.
Has the Ultimate Burden of Proof, ERISI-2355.
Application —
Action On Must Be Based Exclusively On Environmental Standards As Set Forth In Pertinent Statutes & Rules, ERISI-2356.
Additional Data Can Be Considered At Hearing, ERISI-2357.
Amendment of —
Conditions — Permit — Additional — Consideration of, ERISI-2358.
Major Changes At Hearing — DER Can Consider, ERISI-2359.
Major Modification Necessitates a De Novo Application, ERISI-2360.
Modification of Permit — Separate Action From Original Application, ERISI-2361.
Modification of Permit — Substantial Changes — DOAH Recommended — Rejected On Due Process Grounds, ERISI-2362.
Substantial Changes Can Constitute Due Process Violation, ERISI-2363.
Changed Circumstances Can Be Considered In 120.57(1) De Novo Hearing, ERISI-2364.
Conceptual — Detailed Construction Plans Need Not Be Submitted, Conceptual — Detailed Construction Plans Need Not Be Submitted, ERISI-2365.
Decision Must Be Based Solely On Applicable Permit Criteria, ERISI-2366.
Establishment & Effect of Prima Facie Case, ERISI-2367.
Examined As of the Time of the Final Hearing, ERISI-2368.
Expedited Proceeding, ERISI-2369.
Must Be Considered On Sole Basis of Compliance With Applicable Statutes & Rules, ERISI-2370.
Notice of —
Technical Defects In Found Immaterial, ERISI-2371.
Ownership Interest In Property By Applicant, ERISI-2372.
Practicability of Design Modifications Which Could Eliminate Or Reduce Impacts Considered, ERISI-2373.
Previous Non-Compliance With Permit Conditions — Not a Pure Fact-Finding Process, ERISI-2374.
Previous Violations of Dept. Rules, ERISI-2375.
Voluntary Dismissal By Third Party Does Not Divest DEP Jurisdiction, ERISI-2376.
Coastal Construction Control Line (See CITY GOVERNMENT; ENVIRONMENTAL PROTECTION, Dept. of (DEP), Permit) —
161 Does Not Preempt Concurrent Local Regulation of Activities Seaward of, ERISI-2377.
Applicant Must Provide Written Evidence of Compliance With Local Setback & Zoning, ERISI-2378.
Beach Public Access Parking Area, ERISI-2379.
Beach Renourishment Projects — Consideration of Future Projects (See Also Taking), ERISI-2380.
Frontal Dune — Defined & Discussed, ERISI-2381.
Frontal Dune — Protections Afforded Discussed, ERISI-2382.
General — Buried Sand-Filled Geotube Textile For Dune Restoration & Armoring, ERISI-2383.
Large Condo Project & Appurtenances, ERISI-2384.
Large Condo Project & Appurtenances — St. Lucie County, ERISI-2385.
Line of Construction — Establishment of Examined, ERISI-2386.
Line of Construction — Local Determinations Cannot Be Collaterally Attacked In 120.57 Proceeding Before DOAH, ERISI-2387.
Major Structure Found, ERISI-2388.
Multi-Family Residential Building, ERISI-2389.
Rebuilding — Replacing Damaged Structure With a Larger Structure In More Landward Location Constitutes, ERISI-2390.
Residence, ERISI-2391.
Residence — Addition, ERISI-2392.
Residence — Dock Pilings, ERISI-2393.
Residence — Notice of Violation — Unauthorized Clearing & Destruction of Dunes & Native Vegetation, ERISI-2394.
Residential Dock & Ramp — Dismissal of Third Party Petition Reversed, ERISI-2395.
Sand-Filled Geotube Textile — Dune Restoration & Remediation — Status As “Armoring,” 07:173.
Significant Adverse Impacts Discussed, ERISI-2396.
Status of a Man-Made Dune As a “Frontal Dune,” 04:073.
Structures Seaward of the Dunes Have Not Been Permitted In Twenty (20) Years, ERISI-2397.
Thirty (30) Year Erosion Central Line — Major Structures Beyond Limited, ERISI-2398.
Thirty (30) Year Erosion Projection — Defined & Discussed, ERISI-2399.
Conditions —
DEP Cannot Impose Additional Conditions Regarding a Disputed Issue Resolved In Favor of the Applicant At DOAH, ERISI-2400.
DOAH Hearing Officer Has Authority to Recommend Additional Conditions, ERISI-2401.
DOAH Recommendations — DER Authority to Modify, ERISI-2402.
Discretion & Authority of DEP to Impose, ERISI-2403.
Post-Hearing Substitute Conditions Found to Violate Due Process, ERISI-2404.
Conditions, ERISI-2405.
Consent Order (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
Intervenor (See Also Third Party Intervenors, Standing) —
Standing — Found, ERISI-2406.
Standing — Not Found, ERISI-2407.
Construction —
Air Curtain Incinerator, ERISI-2408.
Conversion of An Exploratory Well Into An Injection Well/Construction of a New Injection Well, ERISI-2409.
Desalination Plant — Modification to Discharge, ERISI-2410.
Floating Weed Barrier Across the Mouth of a Canal — Temporary — Exemption Found, ERISI-2411.
Injection Well — Wastewater Associated With An Electrical Power Plant, ERISI-2412.
Landfill —
Construction & Demolition Debris — Private, ERISI-2413.
Leachate Control System — C & D — Statutory Presumption As Not Required, ERISI-2414.
Solid Waste Transfer Station, ERISI-2415.
Wastewater Collection/Transmission System — Domestic — County, ERISI-2416.
Wastewater Treatment Plant (See Wastewater Treatment Plant)
Consumptive Use (See SOUTHWEST FLORIDA WATER MANAGEMENT Dist.; ST. JOHNS RIVER WATER MANAGEMENT Dist.) —
Local Government’s Comprehensive Plan or Land Development Regulations Not Considered, ERISI-2417.
Reasonable-Beneficial Use Standard Defined, ERISI-2418.
Three (3) Part Test Governing Consideration of, ERISI-2419.
Cumulative Impact (See Also Public Interest Test, Reasonable Assurances, Secondary Impacts) —
Adequate Mitigation of Adverse Impact Satisfies This Test As a Matter of Law, ERISI-2420.
Adverse Cumulative Impact Is a Separate Cost Factor to Be Balanced, ERISI-2421.
Analysis of Discussed, ERISI-2422.
Aquatic Preserves — Consideration of, ERISI-2423.
Consideration of Now Limited to Surface Waters & Wetlands Within the Same Drainage Basin, ERISI-2424.
Consideration of Related to Analysis of Reasonable Assurances, ERISI-2425.
Consideration of Related to Analysis of Secondary Impacts, ERISI-2426.
Defined, ERISI-2427.
Distinction Drawn From Reasonable Assurances, ERISI-2428.
Examined, ERISI-2429.
Modification of Permit, ERISI-2430.
Need For This Analysis Extends Beyond Dredge & Fill Permitting Via the Caselaw, ERISI-2431.
Dredge & Fill (See Also Environmental Resource; ENVIRONMENTAL PROTECTION, Dept. of (DEP), SOUTHWEST FLORIDA WATER MANAGEMENT Dist.)
Authority Delegated By DEP to Water Management Districts
Wide Divergence In Rules Noted, ERISI-2432.
Beach Renourishment, ERISI-2433.
Channel —
From Dock to Lagoon, ERISI-2434.
Dock —
Private, ERISI-2435.
Exemption —
Burden of Proof On Party Seeking to Rely On, ERISI-2436.
Prohibition On Grant of For Class II Shellfish Harvesting Areas — Granted, ERISI-2437.
Jurisdiction —
Not Limited To the Physical Water Line, ERISI-2438.
Mitigation Plans (See Also Environmental Resource) —
Assessing Ecological Value Involves Scientific, Technical, Site-Specific Determination, ERISI-2439.
Can Offset Impacts Remaining After Practicable Design Modifications, ERISI-2440.
Creation or Restoration of Similar Communities Is Desirable, ERISI-2441.
DEP Has Ultimate Authority Over Any Plan, ERISI-2442.
DOAH Findings Regarding Are Conclusions of Law, ERISI-2443.
DOAH Resolves Factual Issues — Ultimate Decision Is the Providence of DEP As a Conclusion of Law, ERISI-2444.
De Minimus Impacts, ERISI-2445.
Guarantee Not Required, ERISI-2446.
Long-Term Ecological Value of Must be Evaluated, ERISI-2447.
Mitigation Ratios Discussed, ERISI-2448.
Must Adequately Offset Both Actual & Cumulative Adverse Impacts, ERISI-2449.
No Net Loss Standard Is Inapplicable, ERISI-2450.
Preservation — Requisite Ratio to Disturbed Areas, ERISI-2451.
Quality of Wetlands Impacted Is Material, ERISI-2452.
Seagrass Impacts, ERISI-2453.
Seagrass Transplantation Projects Found Likely to Fail, ERISI-2454.
Pond —
Man-Made, ERISI-2455.
Residential Development — Expansion of, ERISI-2456.
Environmental Resource (See Also Dredge & Fill; SOUTH FLORIDA WATER MANAGEMENT Dist.; SOUTHWEST FLORIDA WATER MANAGEMENT Dist.; ST. JOHNS RIVER WATER MANAGEMENT Dist.)
Boardwalk & Access Pier Terminating In Platform & Boathouse, ERISI-2457.
Canal — Filling of One (1) Illegally Dredged, ERISI-2458.
Channel — Maintenance Dredging, ERISI-2459.
Channel — Port Access — Minor Modification, ERISI-2460.
Concurrent Jurisdiction of DEP & All Water Management Dist. Noted, ERISI-2461.
Dead Head Logging, ERISI-2462.
Dock —
After-the-Fact — Modification, ERISI-2463.
Residence — Exemption, ERISI-2464.
Residence — Multi-Family — Expansion, ERISI-2465.
Residence, ERISI-2466.
Mangrove Slough Restoration In the Fla. Keys, ERISI-2467.
Marina — Biscayne Bay Aquatic Preserve, ERISI-2468.
Marina — Expansion, ERISI-2469.
Marina — Expansion — Modification, ERISI-2470.
Marina — Managed Mooring Field, ERISI-2471.
Marina — Private, ERISI-2472.
Marina — Repair & Expansion, ERISI-2473.
Mitigation Plans (See Also Dredge & Fill) —
Compensation For Adverse Impacts — Funds to Construct a Boat Ramp, ERISI-2474.
DEP Declines to Fashion One, ERISI-2475.
Modification — Road Widening Project, ERISI-2476.
Modification — Ski Jump & Slalom Course, ERISI-2477.
Outstanding Florida Waters —
Generally Include Waters In Aquatic Preserves, ERISI-2478.
Phosphate Mining & Reclamation Activities — Manatee County — Charlotte County et al. Protest, ERISI-2479.
Phosphate Mining & Reclamation Activities — Type/Nature & Extent of Required Reclamation Examined, ERISI-2480.
Phosphate Mining, Reclamation, Etc., ERISI-2481.
Residence, ERISI-2482.
Residential Walkway, ERISI-2483.
Seawall — Aquatic Preserve, ERISI-2484.
Separate Works of the Water Management Dist. Permit Is Not Also Required, ERISI-2485.
General Permits —
Applicant Has the Burden of Proof, ERISI-2486.
Buried Sand-Filled Geotube Textile For Dune Restoration & Armoring, ERISI-2487.
Concrete Batch Plant — Air Operating, ERISI-2488.
Discussed, ERISI-2489.
Dock — Private — 1,352 Sq. Ft. — Boat Lift, ERISI-2490.
Dock — Residence, ERISI-2491.
Dock — Removal & Reconstruction In a Manmade Canal, ERISI-2492.
Third Party Protests (See Third Party Intervenors, Standing)
Two (2) Types of Examined, ERISI-2493.
Notice of Violation —
Agency Has the Burden of Proof By Clear & Convincing Evidence, ERISI-2494.
Operating Permit —
Air Curtain Incinerator, ERISI-2495.
Papermill — Experimental Use of Wetlands & Pipeline Rejected, ERISI-2496.
Temporary Operating — Paper Mill Seeks to Modify After Operating Under Since 1989, ERISI-2497.
Operating Permit — Renewal —
Construction & Demolition Debris Landfill, ERISI-2498.
Public Interest Test (See Also Cumulative Impact, Reasonable Assurances, Secondary Impacts) —
Balanced Consideration of Various Criteria, ERISI-2499.
Balancing Not Elimination of Adverse Impacts, ERISI-2500.
Balancing Test, ERISI-2501.
DOAH Makes Detailed Findings On Each Element of, ERISI-2502.
Defined, ERISI-2503.
Discussed, ERISI-2504.
Environmental Impacts Only (See Jurisdiction), ERISI-2505.
Found Not Satisfied, ERISI-2506.
Funds to Construct a Boat Ramp, ERISI-2507.
Navigational Impacts Discussed, ERISI-2508.
Navigational Impediment Distinguished From Inconvenience, ERISI-2509.
Riparian Right of View By Adjacent Property Owner Examined, ERISI-2510.
Seven (7) Part Test, ERISI-2511.
Seven (7) Part Test Is Exhaustive, ERISI-2512.
Reasonable Assurances (See Also Cumulative Impact, Public Interest Test, Secondary Impacts) —
Any Additional Information Can Be Utilized When Providing Without Regard to Original Application
Competent Substantial Evidence of Examined, ERISI-2513.
Burden of Proof —
Establishment & Effect of Prima Facie Case, ERISI-2514.
Intervenor Cannot Satisfy Burden of Proof By Mere Speculation, ERISI-2515.
On Applicant, ERISI-2516.
Complying With Existing Permit Conditions Does Not Constitute, ERISI-2517.
Conclusion of Law Involving Underlying Factual Issues, ERISI-2518.
DEP – Not DOAH – Has Ultimate Authority to Decide Issues Regarding, ERISI-2519.
DEP Has the Ultimate Authority to Decide Issue Regarding, ERISI-2520.
Defined & Discussed, ERISI-2521.
Exemptions — Inapplicable to Requests For, ERISI-2522.
Factual Basis For Any Area of Controversy Must Be Properly Set Forth By the Petitioner, ERISI-2523.
Guarantee of Performance Supported By Other Competent Substantial Evidence Is Sufficient, ERISI-2524.
Manatee Protection — Marina Expansion — Speed Zones Alone Are Inadequate, ERISI-2525.
Mixed Question of Law & Fact (See Conclusion of Law With Intertwined Fact Finding), ERISI-2526.
Modification of Permit — Unaffected Portions Are Not Reviewed Anew, ERISI-2527.
Modification of Permit, ERISI-2528.
Need Not Address Speculative Impacts, ERISI-2529.
Never Absolute — Substantial Likelihood Enough, ERISI-2530.
Never Absolute, ERISI-2531.
Phosphate Mining & Reclamation Plans — Analysis Is Applicable to, ERISI-2532.
Phosphate Mining & Reclamation Plans — Inapplicable to Uplands, ERISI-2533.
Previous Violations of DER Rules & Statutes, ERISI-2534.
Process Knowledge Can Be a Basis For Regarding Discharge of Hazardous Waste, ERISI-2535.
Requisite Evidence In Support of Examined, ERISI-2536.
Requisite Flexibility Regarding Provision of Examined, ERISI-2537.
Selective Approach to Sampling Locations Is Appropriate, ERISI-2538.
Statutory Exemptions From Do Exist, ERISI-2539.
Worst Case Scenario Need Not Be Disproved, ERISI-2540.
Worst Case Scenario Not Presumed, ERISI-2541.
Renewal —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, ERISI-2542.
Residuals Management Facility —
Renewal Granted Over Contrary DOAH Recommendation, ERISI-2543.
Secondary Impacts (See Also Cumulative Impact, Public Interest Test, Reasonable Assurance) —
Analysis of Discussed, ERISI-2544.
Cannot Be Speculative, ERISI-2545.
Close Cause & Effect Relationship Between Alleged Impacts & Project Must Be Shown — But-For Test, ERISI-2546.
Defined, ERISI-2547.
Four (4) Part Test For, ERISI-2548.
Mitigation As An Offset, ERISI-2549.
Nature of Analysis Examined, ERISI-2550.
Septic Tank —
Applicant Has Burden of Proof, ERISI-2551.
Commercial — Church — Additional Seating Capacity — Reapproval Denied, ERISI-2552.
Commercial — Restaurant & Cottages — Expansion, ERISI-2553.
Commercial Building, ERISI-2554.
Industrial —
Animal Crematory, ERISI-2555.
Mound With 32″ of Saturated Soil, ERISI-2556.
Multi-Pipe Rockless Drainfield System Approved, ERISI-2557.
Public Health Is the Most Critical Criteria, ERISI-2558.
Residential —
Connection to Without a Permit, ERISI-2559.
Failure to Maintain Minimum Setback From Neighbor’s Potable Water Line, ERISI-2560.
Failure to Perform Requisite Assessment, ERISI-2561.
Failure to Properly Clear Lot, ERISI-2562.
Variance —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, ERISI-2563.
Hardship — Cannot Be Result of Applicant’s Intentional Actions, ERISI-2564.
Hardship — Dislike of Taste of Public Water Does Not Constitute, ERISI-2565.
Hardship — Found to Be Caused By the Applicant, ERISI-2566.
Utility Easement Requirement — Third Party Challenge, ERISI-2567.
Surface Water Management System (See Also SOUTH FLORIDA WATER MANAGEMENT Dist.; SOUTHWEST FLORIDA WATER MANAGEMENT Dist.; ST. JOHNS RIVER WATER MANAGEMENT Dist.) —
Landfill — Modifications, ERISI-2568.
Slalom Ski Course Found Not To Constitute, ERISI-2569.
Third Party Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
403.412(5) — Statutory Amendment Limiting Standing Construed & Upheld As Constitutional, ERISI-2570.
403.412(5) Does Not Require Proof of Special Injury, ERISI-2571.
An Intervenor Cannot Inject New Issues Into a Case, ERISI-2572.
Burden of Proof —
Establishment & Effect of Prima Facie Case, ERISI-2573.
Shift to After Applicant Proves Prima Facie Case, ERISI-2574.
Duty to Identify Areas of Controversy — Cannot Require Applicant to Prove Anew Entire Application, ERISI-2575.
Notice — Publication In Newspaper of General Application —
Third Parties Have Right to Receive Actual Written Notice of DEP Action, ERISI-2576.
Petition Dismissed As Deficient, ERISI-2577.
Petition Dismissed As Untimely —
Disputed Issue of Material Fact Regarding Timeliness Found — Reversed, ERISI-2578.
Standing —
403.412(5) — 2002 Amendments to Did Not Eliminate Standing of Local Government — Only “Citizens” Were Affected, ERISI-2579.
Allegations In Petition Taken As True When Considering, ERISI-2580.
Association, ERISI-2581.
Association — Substantial Number of Though Not Necessarily a Majority Must Have Standing, ERISI-2582.
Association — Three (3) Part Test For, ERISI-2583.
Basis For Must Be Alleged In Petition, ERISI-2584.
Coastal Construction Control Line (See ENVIRONMENTAL PROTECTION, Dept. of, Permits, Coastal Construction Control Line, Third Party Petitioner …)
Conclusion of Law, ERISI-2585.
Consent Orders (See Also Consent Orders; ENVIRONMENTAL PROTECTION, Dept. of (DEP)), ERISI-2586.
Consent Orders — Citizen Standing Under 120.569(1) & 403.412(5) Contrasted, ERISI-2587.
Consent Orders — Sierra Club Standing Found Lacking, ERISI-2588.
Consent Orders — Standing Not Found, ERISI-2589.
Consent Orders — Standing Found, ERISI-2590.
County Government — Unique Nature of Examined, ERISI-2591.
Death of Petitioner Vitiates, ERISI-2592.
Economic Injury Alone Is Insufficient, ERISI-2593.
Environmental – Not Economic – Interests Must Be Asserted, ERISI-2594.
General Permits, ERISI-2595.
Injury — Claimed Found Too Remote, ERISI-2596.
Injury — Immediate Injury Found Lacking, ERISI-2597.
Injury — Shared Interest In the Integrity of the Neighborhood Is Sufficient, ERISI-2598.
Injury — Special Injury Not Required, ERISI-2599.
Injury-In-Fact — Cannot Be Speculative, ERISI-2600.
Injury-In-Fact — Found, ERISI-2601.
Injury-In-Fact — Involves the Degree of Injury, ERISI-2602.
Injury-In-Fact — Pertains to Degree of Injury, ERISI-2603.
Merits of a Claim a Different Concept, ERISI-2604.
Parallel Judicial Proceeding, ERISI-2605.
Person With Verbal Authorization Only to Utilize Affected Land, ERISI-2606.
Rulings Entered On Issues Raised Despite Post-Hearing Finding That Standing Was Lacking For the Sake of Administrative Efficiency, ERISI-2607.
Substantial Interest — Particularized Not Generalized Interests Must Be Asserted, ERISI-2608.
Substantial Interest — Use of Affected Waters For Recreational Purposes, ERISI-2609.
Substantial Interest Test, ERISI-2610.
Substantial Interest Test Exhaustively Explored, ERISI-2611.
To Revoke An Existing Permit — Third Parties Have None, ERISI-2612.
Two (2) Prong Test, ERISI-2613.
Zone of Interest — Aesthetic View, ERISI-2614.
Zone of Interest — Exhaustively Explored, ERISI-2615.
Zone of Interest — Pertains to the Nature of the Injury, ERISI-2616.
Substitution of Party After Death of Petitioner Disallowed, ERISI-2617.
Untimely Petition (See PRACTICE & PROCEDURE, Formal Hearing (120.57(1)) — Time Limit For Requesting)
Wastewater Treatment Plant —
DEP Lacks Authority to Require Connection to Centralized Sewer System, ERISI-2618.
Modification & Expansion, ERISI-2619.
Operating —
Renewal of — Applicant Has the Burden of Proof, ERISI-2620.
Renewal of — Granted, ERISI-2621.
Package Plant Defined & Discussed, ERISI-2622.
Circuit Court Affirms City Confiscation of Dogs As Dangerous After a Bite, ERISI-2623.
Circuit Court Affirms Denial of Variance For Existing Sign, ERISI-2624.
Circuit Court Enters Final Summary Judgment In Takings Claim Involving “Curbing Off” of Two (2) of Four (4) Driveways Accessing a Gas Station —
Affirmed & Reversed In Part/Remanded, ERISI-2625.
Circuit Court Invalidation of Ordinance Purporting to Establish An Exclusive Method of Annexation Affirmed, ERISI-2626.
Permit —
Approval Permit to Expand Private Dock Over Third Party Protest Affirmed, ERISI-2627.
Circuit Court Quashes City Denial of Site Plan Approval For Light Manufacturing Facility, ERISI-2628.
Circuit Court Quashal of City of Auburndale Annexation Reversed —
Polk City Challenge On the Basis of Allegedly Exclusive Right to Provide Water & Waste Water Services, ERISI-2629.
Circuit Court Affirmance of City Denial of Conversion of Golf Course Property & Denial of Takings Claim Reversed, ERISI-2630.
Circuit Court Denial of a Petition For Temporary Injunction Reversed —
Posting of Unauthorized & Unapproved Signs In County Right-of-Way, ERISI-2631.
Circuit Court Dismissal of Challenge to Lien On Residential Structure Built Without a Permit & Denial of County Motion For a Temporary Injunction —
Dismissal of Landowner Challenge to Lien Affirmed — Denial of County Motion For a Temporary Injunction Reversed, ERISI-2632.
Appellate Review — Previous Opinion Withdrawn: Shulmister v. Pompano Beach, ERISI-2633.
Circuit Court Award of Damages Pursuant to 1983 Due Process Claim For Obstruction & Delay In the Issuance of Building Permits For Hotel & Marina Reversed, ERISI-2634.
Circuit Court Denial of Constitutional Challenge to 2004 Statute Imposing Filing Fees When Prosecuting Local Ordinances Reversed, ERISI-2635.
Circuit Court Holds That City Can Convey Recreation Property Without a Referendum — Affirmed, ERISI-2636.
Circuit Court Summary Judgment Holding That a Recreation Facility Can Be Conveyed Without a Referendum Reversed, ERISI-2637.
Circuit Court Affirmance of Order to Demolish a Residence Reversed, ERISI-2638.
Circuit Court Grants Writ of Prohibition to Prevent the Fla. Building Comm. From Conduct a Hearing On a Building Ordered Demolished, ERISI-2639.
Unsafe Structures Board Orders Demolition of a Partially Constructed House —
Circuit Court Dismissal of Pro Se Petition As Deficient —
Reversed — Sanction of Dismissal Found to Be Too Severe, ERISI-2640.
Circuit Court Dismissal of Suit Challenging Requirement That Golf Cart Be Used On Municipal Course Affirmed, ERISI-2641.
Agency —
Clerical Error, ERISI-2642.
Creature of Statute — No Inherent Powers, ERISI-2643.
Local Government Does Not Constitute For Purposes of 120, ERISI-2644.
School Board Does Constitute For Purposes of 120, ERISI-2645.
Agency Action (See Formal Hearing 120.57(1)) —
Settlement By Dept. of Community Affairs In Comprehensive Plan Challenge Does Not Constitute, ERISI-2646.
Attorney’s Fees & Costs (See Also CITY GOVERNMENT, Annexation; ENVIRONMENTAL PROTECTION, Dept. of (DEP), TAKING (CONDEMNATION)(INVERSE CONDEMNATION) —
57.105 —
1999 Statutory Amendment Lowered the Bar In a Manner Difficult to Assess — Case-By-Case Basis, ERISI-2647.
Applies to Any Claim or Defense, ERISI-2648.
Award For Only One of Several Claims — Failure of Attorney to Keep Time Records By Issue, ERISI-2649.
Cannot Be Awarded Against Hearing Officers, ERISI-2650.
DOAH Must Determine Issue of Improper Purpose In a Separate Order, ERISI-2651.
Denied, ERISI-2652.
Failure to Properly Serve Motion On Opposing Party Found to Bar Otherwise Viable Claims, ERISI-2653.
57.111(4)(d) —
Denied, ERISI-2654.
120.569(2)(c) —
Analogous Federal Caselaw Is Pertinent, ERISI-2655.
Attorney Not Association Found Potentially Liable, ERISI-2656.
DOAH – Not the Referring Agency – Has Exclusive Jurisdiction to Award, ERISI-2657.
DOAH Has Final Order Jurisdiction, ERISI-2658.
DOAH Loses Jurisdiction Over After Entry of R.O. — Agency Refusal to Remand Can Only Be Appealed, ERISI-2659.
Delay In Seeking Sanctions Is Material, ERISI-2660.
Delay In Seeking Sanctions Militates Against Award, ERISI-2661.
Denied, ERISI-2662.
Duty to Undertake a Reasonable Inquiry Prior to Filing a Petition, ERISI-2663.
Granted — Award to Agency ($500.00), ERISI-2664.
Improper Purpose — 120.569(2)(e) Distinguished From 120.595(1)(e)(1), ERISI-2665.
Improper Purpose — Circumstantial Evidence Is Utilized, ERISI-2666.
Improper Purpose — Defined & Discussed, ERISI-2667.
Improper Purpose — Found Lacking, ERISI-2668.
Improper Purpose — Objective Standard Is Utilized, ERISI-2669.
Improper Purpose — Question of Fact, ERISI-2670.
Voluntary Dismissal Prior to Hearing, ERISI-2671.
120.57(1)(b)(5) —
Award Against Counsel For Petitioner Discussed, ERISI-2672.
Award Cannot Be Excessive, ERISI-2673.
Award Must Be Based On Competent Substantial Evidence, ERISI-2674.
Award of Prejudgment Interest Discussed, ERISI-2675.
120.595 —
Agency Can Avoid Liability For By Initiating the Rulemaking Process Prior to Entry of a DOAH Final Order Finding An Unpromulgated Rule, ERISI-2676.
Agency Cannot Overrule DOAH Ruling On, ERISI-2677.
Burden of Proof — Petitioner — Examined, ERISI-2678.
Burden of Proof — Petitioner — Preponderance of the Evidence, ERISI-2679.
DOAH Enters a Recommended Order Regarding, ERISI-2680.
DOAH Has Exclusive Final Order Jurisdiction, ERISI-2681.
DOAH In Effect Has Final Order Authority — Agency Lacks Jurisdiction to Review Conclusions Regarding, ERISI-2682.
DOAH Order Regarding Is “Final,” 03:079.
Denied, ERISI-2683.
Formal Hearing Found Not to Be a Prerequisite to Award of, ERISI-2684.
Frivolous Purpose — Defined & Discussed, ERISI-2685.
Full Evidentiary Hearing Not Required, ERISI-2686.
Full Evidentiary Hearing On Merits Is Not a Prerequisite to An Award of Fees, ERISI-2687.
Improper Purpose — Agency Has No Special Expertise Regarding, ERISI-2688.
Improper Purpose — Defined & Discussed, ERISI-2689.
Improper Purpose — Found Lacking, ERISI-2690.
Improper Purpose — Found Precluded By Justiciable Issues of Fact or Law, ERISI-2691.
Improper Purpose — Objective Standard Utilized, ERISI-2692.
Improper Purpose — Question of Fact — Exclusive DOAH Domain, ERISI-2693.
Improper Purpose — Question of Fact, ERISI-2694.
Improper Purpose — Subjective Intent Not Considered — Test For Examined, ERISI-2695.
Legislative History Regarding Surveyed, ERISI-2696.
Motion For Must Be Made At the Earliest Possible Opportunity, ERISI-2697.
Nonprevailing Adverse Party Discussed & Found, ERISI-2698.
Nonprevailing Adverse Party Is Not Synonymous With Losing Party, ERISI-2699.
Post-Final Order Motion For Found Improper, ERISI-2700.
Prevailing Party — Alteration of Permit Conditions By Third Party Intervenors, ERISI-2701.
Voluntary Dismissal By Third Party Immediately Prior to Hearing Does Not Preclude Recovery of Fees Pursuant to 120.595, ERISI-2702.
Voluntary Dismissal Does Not Render a Party “Prevailing” Per Se, ERISI-2703.
163.3184 —
DOAH ALJ Has Exclusive Jurisdiction to Award, ERISI-2704.
Denied, ERISI-2705.
171.081 (See CITY GOVERNMENT, Annexation)
403.412 (See ENVIRONMENTAL PROTECTION, Dept. of (DEP))
Agency Initiation of Rulemaking Vitiates Claim For, ERISI-2706.
Fla. R. Civ. Pro. 1.525 Time Limit For Filing Motions For —
Excusable Neglect Doctrine Found Applicable, ERISI-2707.
Pro Se Litigant Cannot Recover, ERISI-2708.
Separate Timely Motion For Is Required, ERISI-2709.
Third Party Provider — Identity of Need Not Be Disclosed, ERISI-2710.
Third Party Provider — Recoverable Even If Provided By, ERISI-2711.
Time Limit For Filing of Motion For Examined, ERISI-2712.
Burden of Proof (See Also PERMITS; RULES & RULEMAKING) —
On Party Asserting the Affirmative of An Issue, ERISI-2713.
Class Action —
Adequacy of Representation Requirement Examined, ERISI-2714.
Burden of Proof Regarding Discussed & Found Not Established, ERISI-2715.
Circuit Court Denial of Motion to Conduct Certification Hearing Quashed — Citrus Canker — Change of Venue, ERISI-2716.
Class Certification — Affirmed, ERISI-2717.
Class Certification — Burden of Proof Is On the Moving Party, ERISI-2718.
Class Certification — Is a Prerequisite, ERISI-2719.
Class Certification — Is the Prerogative of the Trial Judge, ERISI-2720.
Class Certification — Merits of the Action Are Not Reached, ERISI-2721.
Costs of Notice Can Be Imposed On the Defendant, ERISI-2722.
Essential Elements of Examined, ERISI-2723.
Fiduciary Duties of Class Counsel & Class Representative to the Class Noted & Found Breached, ERISI-2724.
Transferee Court After Change of Venue Has Power to Reconsider Class Certifications, ERISI-2725.
Collateral Estoppel (See Also Equitable Estoppel, Estoppel, Res Judicata) —
Agency Does Not Have Substantive Jurisdiction, ERISI-2726.
Applicable to Decisions of Administrative Bodies, ERISI-2727.
Applicable, ERISI-2728.
Automatic Stay Does Not Diminish the Effect of, ERISI-2729.
DOAH Finding of Reversed, ERISI-2730.
Defined & Discussed, ERISI-2731.
Discussed, ERISI-2732.
Inapplicable, ERISI-2733.
Constitutional Issues (See Also CONSTITUTION (Fla.) (U.S.)) —
Agencies Cannot Adjudicate, ERISI-2734.
As Applied Challenge Can Be Contemplated, ERISI-2735.
DOAH (See Also ADMINISTRATIVE HEARINGS, Div. of; RULES & RULEMAKING)–
Due Process (See CONSTITUTION (Fla.))
Hearing Officer (See Also Harmless Error)
Cannot Require An Agency to Conduct An Informal Hearing, ERISI-2736.
Cost of Transcript — Appellate Review of Nonfinal Order Unavoidable, ERISI-2737.
Motions — For View — Denied, ERISI-2738.
Jurisdiction —
Cannot Reach Constitutional Questions (See Also RULES & RULEMAKING; Constitutional Challenge), ERISI-2739.
None to Consider Sunshine Law Violations, ERISI-2740.
None to Enforce Parallel Third Party Stipulations, ERISI-2741.
Recommended Order —
Agency Cannot Rule On Quantity or Quality of Evidence, ERISI-2742.
Agency Rejection of Reversed, ERISI-2743.
Conclusions of Law (See APPELLATE REVIEW) — Agency Restricted In Rejecting, ERISI-2744.
Conclusions of Law — Agencies Free to Reject, ERISI-2745.
Conclusions of Law — Agency Rejection of Reversed, ERISI-2746.
Conclusions of Law — Agency Rejects, ERISI-2747.
Conclusions of Law — Agency Restricted In Rejecting — There Is No Bright-Line Test, ERISI-2748.
Conclusions of Law — Agency Restricted In Rejecting, ERISI-2749.
Conclusions of Law — Appellate Review (See APPELLATE REVIEW)
Conclusions of Law — Attorney’s Fees Award — Agency Is Without Substantive Jurisdiction, ERISI-2750.
Conclusions of Law — Attorney’s Fees, ERISI-2751.
Conclusions of Law — Collateral Estoppel & Res Judicata, ERISI-2752.
Conclusions of Law — DOAH Labeling As Fact Findings Is Immaterial, ERISI-2753.
Conclusions of Law — Equitable Tolling — Agency Without Substantive Jurisdiction, ERISI-2754.
Conclusions of Law — Estoppel, ERISI-2755.
Conclusions of Law — Evidentiary Rulings, ERISI-2756.
Exceptions — A Party Must Alert the Reviewing Agency to Any Perceived Defects In the Hearing Process By the Proper Filing of, ERISI-2757.
Exceptions — Are to Be Directed to the Recommended Order Only – Not to Other Matters, ERISI-2758.
Exceptions — Cannot Be Directed to Matters Not Properly Placed At Issue, ERISI-2759.
Exceptions — Cannot Be Mere Reargument, ERISI-2760.
Exceptions — Cannot Raise New Issues, ERISI-2761.
Exceptions — Fact Findings — Failure to File Precludes Referring Agency Review, ERISI-2762.
Exceptions — Fact Findings — Must Be Accompanied By Official Typed Transcript, ERISI-2763.
Exceptions — Fact Findings — Must Cite to Specific Portions of the Transcript, ERISI-2764.
Exceptions — Failure to Timely File — Waives Objections, ERISI-2765.
Exceptions — May Be Rejected As Irrelevant & Redundant, ERISI-2766.
Exceptions — Must State Rationale With Particularity, ERISI-2767.
Exceptions — Oral Argument On Denied, ERISI-2768.
Exceptions — Response to — Cannot Be Considered If Untimely, ERISI-2769.
Exceptions — Second Set In Response to Final Order Inappropriate, ERISI-2770.
Exceptions — Statement of Issues — Denied, ERISI-2771.
Exceptions — Time Limit For Filing In Expedited Proceeding, ERISI-2772.
Exceptions — Time Limit For Filing, ERISI-2773.
Exceptions — Untimely — Agency Can Consider, ERISI-2774.
Exceptions — Untimely — DEP — Not Considered, ERISI-2775.
Exceptions — Untimely — Need Not Be Considered, ERISI-2776.
Fact Findings — Agency Cannot Consider Relevance of, ERISI-2777.
Fact Findings — Agency Cannot Evaluate the Quantity or Quality of the Evidence, ERISI-2778.
Fact Findings — Agency Cannot Make Additional Findings, ERISI-2779.
Fact Findings — Agency Cannot Rule On Disputed Factual Issues, ERISI-2780.
Fact Findings — Agency Rejection of Cannot Be Based On Rejection of a Conclusion of Law, ERISI-2781.
Fact Findings — Agency Rejection of Requires Review of the Entire Record, ERISI-2782.
Fact Findings — Agency Rejection of Requires Statement of Reasons With Particularity, ERISI-2783.
Fact Findings — Agency Rejection of When Susceptible to Ordinary Methods of Proof, ERISI-2784.
Fact Findings — Agency Rejects, ERISI-2785.
Fact Findings — Appellate Court Rejects After Referring Agency Accepts, ERISI-2786.
Fact Findings — Appellate Review (See APPELLATE REVIEW)
Fact Findings — Cannot Be Rejected If Supported By “Some” Competent Substantial Evidence, ERISI-2787.
Fact Findings — Cannot Be Rejected In Guise of Conclusion of Law, ERISI-2788.
Fact Findings — DOAH Labeling As Conclusion of Law Is Immaterial, ERISI-2789.
Fact Findings — Evidentiary Rulings, ERISI-2790.
Mixed Questions of Law & Fact, ERISI-2791.
Proposed Fact Findings — DOAH No Longer Need Rule On With Particularity, ERISI-2792.
Proposed Recommended Orders Cannot Raise New Issues Post-Hearing, ERISI-2793.
Standing, ERISI-2794.
Statement of Issue Found Erroneous, ERISI-2795.
Remand To —
After Appellate Review, ERISI-2796.
Available Only In Exceptional Circumstances, ERISI-2797.
Community Affairs — For Additional Fact Findings, ERISI-2798.
Courts Have Ratified the Concept of Despite Absence of Express Statutory Authority For, ERISI-2799.
DEP — Additional Fact Findings, ERISI-2800.
DEP — For Mitigation Proposals, ERISI-2801.
DER — Additional Fact Findings, ERISI-2802.
Denied, ERISI-2803.
For Additional Fact Findings, ERISI-2804.
Found Unnecessary, ERISI-2805.
Proper Scope of Examined, ERISI-2806.
Remand To — Siting Bd. — DOAH Refusal to Accept Affirmed, ERISI-2807.
Default (12060(2)) (See ENVIRONMENTAL PROTECTION, Dept. of (DEP), Default Permit)
Discovery —
Available For Informal Proceeding Under Appropriate Circumstances, ERISI-2808.
Circuit Court Discretion Is Broad, ERISI-2809.
Dismissal of Petition For Hearing As Sanction For Alleged Violations — Evidentiary Hearing Is Required, ERISI-2810.
Dismissal of Petition For Hearing As Sanction For Alleged Violations Reversed, ERISI-2811.
Motion To View Videotape, ERISI-2812.
Names of Persons Contributing to a Lawsuit, ERISI-2813.
Protective Order Denied, ERISI-2814.
Due Process (See Also CONSTITUTION (Fla.)) —
Adequate Notice & Fairness Are Essential Elements, ERISI-2815.
Adequate Time to Abate a Nuisance, ERISI-2816.
Closure of Hearing to Public, ERISI-2817.
Denial of Opportunity to Present Evidence At Hearing, ERISI-2818.
Hearing Requirements Examined, ERISI-2819.
Impartial Decision Maker Is Essential (See Recusal), ERISI-2820.
Procedural (See Also CONSTITUTION (Fla.)) —
Defined & Discussed, ERISI-2821.
Due Process Found Lacking, ERISI-2822.
Due Process Must Be Afforded Without Requests & Demands, ERISI-2823.
Notice & An Opportunity to Be Heard Are Pivotal, ERISI-2824.
Notice — Error Must Be Prejudicial In Order to Be Reversible, ERISI-2825.
Opportunity to Cross-Examine Witnesses Must Be Accorded, ERISI-2826.
Quality of Required Different From Judicial Branch, ERISI-2827.
Strict Rules of Evidence Do Not Apply, ERISI-2828.
Procedural Rules Must Be Followed, ERISI-2829.
Quality of Required In a Quasi-Judicial Proceeding Examined, ERISI-2830.
Requirements Not the Same As For a Purely Judicial Proceeding, ERISI-2831.
Right to Present Evidence & Cross-Examine Witnesses, ERISI-2832.
Substantive —
Distinction Between Legislative & Executive Acts Is Key, ERISI-2833.
Test For Discussed, ERISI-2834.
Equitable Estoppel (See Also Collateral Estoppel, Estoppel, Res Judicata) —
Amounts to Nothing More Than Application of Rules of Fair Play, ERISI-2835.
Applicability Against Governmental Entities Discussed, ERISI-2836.
Applicable, ERISI-2837.
Applies Only In Rare Instances Under Exceptional Circumstances, ERISI-2838.
Circuit Court Finding of Applicability Reversed, ERISI-2839.
Defined & Discussed, ERISI-2840.
Inapplicable, ERISI-2841.
Three (3) Part Test For, ERISI-2842.
Estoppel (Collateral Estoppel, Equitable Estoppel, Res Judicata) —
Applicable, ERISI-2843.
Applies Only If the Issues Are Identical, ERISI-2844.
Cannot Be Based On Third Party Representations Alone, ERISI-2845.
Cannot Be Utilized to Compel An Illegal Result, ERISI-2846.
Existence of a Present Right to a Particular Use of Land Alone Is Not Sufficient, ERISI-2847.
Inapplicable In Transactions Forbidden By Statute or Contrary to Public Policy, ERISI-2848.
Inapplicable, ERISI-2849.
Mistaken Statement of Law Alone Is Insufficient, ERISI-2850.
Requires Affirmative Conduct By the Governmental Entity – Not Merely Negligence, ERISI-2851.
Three (3) Part Test For, ERISI-2852.
Evidence —
Admissibility —
Error In Ruling Warrants Remand For New Hearing, ERISI-2853.
Post-Hearing Submittal of Not Improper Per Se, ERISI-2854.
Competent Substantial Evidence —
Attorney’s Expert Opinion Does Not Constitute, ERISI-2855.
Attorney’s Unsworn Statement Does Not Constitute, ERISI-2856.
Competency of Evidence Defined & Discussed, ERISI-2857.
Defined, ERISI-2858.
Found Lacking, ERISI-2859.
Governmental Professional Staff, ERISI-2860.
Governmental Staff Reports Constitute, ERISI-2861.
Layperson Testimony Constitutes So Long As It Is Fact-Based, ERISI-2862.
Refusal to Consider Found to Be Reversible Error, ERISI-2863.
Staff Recommendations Constitute, ERISI-2864.
Substantial Evidence Defined & Discussed, ERISI-2865.
Unsworn Testimony Does Not Constitute, ERISI-2866.
Defined, ERISI-2867.
Expert Testimony —
Attorney’s Expert Opinion Can Constitute, ERISI-2868.
Court-Appointed — Cross-Examination Must Be Accorded, ERISI-2869.
Court-Appointed Found Well-Suited to Land-Use Matters, ERISI-2870.
Cross Examination — Five (5) Days Found Inadequate Time to Prepare For, ERISI-2871.
DOAH Credibility Assessments, ERISI-2872.
Judicial Rules Regarding Do Not Apply Fully to Administrative Proceedings, ERISI-2873.
Layperson/Neighbor/Protestant, ERISI-2874.
Must Be Based On Factually Based Reasoning & Not Be Merely Conclusory, ERISI-2875.
Requisite Factual Support For Examined, ERISI-2876.
Trier of Fact Free to Assess Credibility & Assign Weight, ERISI-2877.
Hearsay —
Admissible & Probative With Other Proof, ERISI-2878.
Alone Is Not Probative, ERISI-2879.
Alone Is Probative If Admissible Over Objection In Civil Proceedings, ERISI-2880.
Business Records Exception, ERISI-2881.
Defined, ERISI-2882.
Expert Testimony — Requisite Underlying Facts & Data, ERISI-2883.
Intervenors (See APPELLATE REVIEW, Standing)
Preponderant Evidence —
Defined, ERISI-2884.
Ex Parte Communications (See Also COUNTY GOVERNMENT, Quasi-Judicial Action Test of Synder)–
Criteria For Determining Prejudicial Effect, ERISI-2885.
Defined & Discussed, ERISI-2886.
Dept. of Community Affairs Does Not Review Small Scale Amendments to Local Comprehensive Plans — Prohibition Therefore Inapplicable, ERISI-2887.
Found to Constitute Reversible Error, ERISI-2888.
Post-Hearing, ERISI-2889.
Presumption of Prejudicial Effect, ERISI-2890.
Final Order —
Administrative Tribunal Has Inherent Authority to Correct Error, Mistake or Inadvertence —
Substantive Error Distinguished From, ERISI-2891.
An Agency Cannot Reconsider or Withdraw, ERISI-2892.
Date of Rendition For Purposes of Appeal Discussed, ERISI-2893.
Found Deficient, ERISI-2894.
Motion For Clarification of Granted, ERISI-2895.
Motion to Expedite Granted, ERISI-2896.
Must Contain Written Findings of Fact Tied to Evidence of Record, ERISI-2897.
Need Not Be In Writing, ERISI-2898.
Reconsideration of Found Unauthorized, ERISI-2899.
Reconsideration of Not Possible After Filing of Notice of Appeal, ERISI-2900.
Formal Hearing (120.57(1)) —
Agency Action Defined (See Agency Action), ERISI-2901.
Clear Point of Entry —
Must Be Accorded to Persons Whose Substantial Interests Are Affected, ERISI-2902.
Requirements For Discussed, ERISI-2903.
De Novo In Nature —
Evidence Outside Initial Application Is Admissible, ERISI-2904.
Except For Bid Protests, ERISI-2905.
Not to Review Preliminary Agency Action, ERISI-2906.
De Novo In Nature, ERISI-2907.
Expedited Hearing Granted, ERISI-2908.
Failure of Party to Appear At Hearing Deemed to Be a Voluntary Dismissal, ERISI-2909.
Notice of Right to —
Adjacent Property Owners Can Preserve Right to Petition By Requesting Actual Notice In Writing, ERISI-2910.
Appearance & Participation In Proceeding Moots Challenge to, ERISI-2911.
Publication of Notices In Different Newspapers, ERISI-2912.
Receipt to Properly Marked Notice Not Presumed, ERISI-2913.
Requirements For Examined, ERISI-2914.
Party Is Limited to Issues Raised In Its Petition, ERISI-2915.
Petition For Dismissed As Deficient, ERISI-2916.
Petition For Found to Be Deficient, ERISI-2917.
Petition For Need Not Cite Specific Rule Or Statute Numbers, ERISI-2918.
Post-Hearing Supplementation of Record —
Denied, ERISI-2919.
Found Improper, ERISI-2920.
Purpose of Discussed, ERISI-2921.
Request For Dismissed as Deficient, ERISI-2922.
Request For Extension of Time Limit Must Be Timely, ERISI-2923.
Time Limit For Requesting Is Not Jurisdictional —
Absent Published Notice Time Limit Measured From Date of Actual Notice, ERISI-2924.
Amended Petition Allowed Though Untimely, ERISI-2925.
Equitable Tolling — Based On Actions of An Agency Not Other Parties, ERISI-2926.
Equitable Tolling — Discussed, ERISI-2927.
Equitable Tolling — Disputed Issues of Material Fact Regarding Requires a Formal Hearing, ERISI-2928.
Equitable Tolling — Filing of Petition In Wrong Forum, ERISI-2929.
Equitable Tolling — Found Applicable, ERISI-2930.
Equitable Tolling — Found Inapplicable, ERISI-2931.
Equitable Tolling — Four (4) Part Test For, ERISI-2932.
Equitable Tolling — Untimely Action By Counsel Does Not Constitute, ERISI-2933.
Excusable Neglect — A General Concept That Must Be Applied Uniformly On a Case-By-Case Basis, ERISI-2934.
Excusable Neglect — Confusing Date Stamp, ERISI-2935.
Excusable Neglect — Discussed, ERISI-2936.
Excusable Neglect — Found Applicable, ERISI-2937.
Excusable Neglect — Found Inapplicable, ERISI-2938.
Excusable Neglect — Found No Longer Applicable Due to Statutory Amendment, ERISI-2939.
Filing of Petition In Wrong Forum Does Not Toll the Deadline, ERISI-2940.
Time Limit Calculated As of Receipt In Office of Agency Clerk, ERISI-2941.
Untimely Request For Operates As Waiver, ERISI-2942.
Free Form Agency Action —
Nonfinality Implies No Right to Hearing On, ERISI-2943.
Harmless Error —
Consideration of Untimely Exceptions, ERISI-2944.
DOAH (See Also DOAH; ADMINISTRATIVE HEARINGS, Div. of) —
Erroneous Fact Finding Found Not to Constitute, ERISI-2945.
Erroneous Fact Findings, ERISI-2946.
Erroneous Labelling of Conclusions of Law & Fact Findings, ERISI-2947.
Erroneous Ruling On Standing Where the Party was Allowed to Participate, ERISI-2948.
Erroneous Subordinate Legal Conclusions, ERISI-2949.
Failure to Make Requisite Fact Findings, ERISI-2950.
Defect In Permit Renewal Application, ERISI-2951.
Dismissal of Complaint For Lack of Standing, ERISI-2952.
Erroneous Finding That Intervenor Lacked Standing, ERISI-2953.
Informal Hearing (120.57(2)) —
Agency Has Discretion Over Whether to Provide, ERISI-2954.
DOAH Cannot Require An Agency to Provide, ERISI-2955.
Discovery Is Available In Appropriate Circumstances, ERISI-2956.
Intervenors (See Also ADMINISTRATION Comm., Comprehensive Plan — Local; APPELLATE REVIEW, Standing; COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan, Intervenors, Land Development Regulations Challenged As Inconsistent With…; CONTRACTS (Bids/Protests), Protest; COUNTY GOVERNMENT, Local Comprehensive Plan, Challenge to Development Order As Inconsistent With; DECLARATORY STATEMENTS, Requirements For; PERMITS, Third Party Intervenors; RULES & RULEMAKING, Standing, Unpromulgated Rule; ZONING, Third Party, Variance)
Standing —
Appellate Review — Question of Law — De Novo, ERISI-2957.
Association — Three (3) Part Test, ERISI-2958.
Issue Becomes Moot When One of Multiple Intervenors Properly Establishes Standing, ERISI-2959.
Substantial Interests Defined, ERISI-2960.
Two (2) Prong Test, ERISI-2961.
Laches (See Also Statute of Limitations) —
Applicable to Municipal Code Enforcement Proceedings, ERISI-2962.
Circuit Court Finding That It Applied Reversed, ERISI-2963.
Defined & Discussed, ERISI-2964.
Equitable Defense, ERISI-2965.
Found Inapplicable, ERISI-2966.
Found to Bar County Enforcement Action, ERISI-2967.
Four (4) Part Test For, ERISI-2968.
Limine —
Circuit Court Denial of In Eminent Domain Case Reversed, ERISI-2969.
Circuit Court Denial of Motion For In Eminent Domain Case Reversed & Remanded, ERISI-2970.
Circuit Court Grant of Motion In to Exclude Expert Testimony On Substantive Grounds Reversed, ERISI-2971.
Denied, ERISI-2972.
Granted, ERISI-2973.
Granted In Part, ERISI-2974.
Motion In to Limit Issues, ERISI-2975.
To Limit Issues, ERISI-2976.
Moot Case —
Agency Rulemaking Found to Render Unpromulgated Rule Challenge Moot, ERISI-2977.
Case Declared to Be, ERISI-2978.
Challenge to Notice of Right to Hearing After Appearing & Participating, ERISI-2979.
Circuit Court Dismissal As Affirmed, ERISI-2980.
Collateral Legal Consequences Found Not Implicated, ERISI-2981.
Defined & Discussed, ERISI-2982.
Found, ERISI-2983.
Issue Found to Be, ERISI-2984.
Standing — When One of Multiple Intervenors Establishes, ERISI-2985.
Three (3) Exceptions to Rule That Moot Cases Be Dismissed Examined, ERISI-2986.
Motion to Dismiss (See Also APPELLATE REVIEW, Circuit Court) —
All Well-Pleaded Allegations Are Assumed to Be True, ERISI-2987.
Not a Substitute For a Motion For Summary Judgment, ERISI-2988.
Nonrule Policy (See Also RULES & RULEMAKING, Unpromulgated Rule) —
Appellate Review When Statutorily Mandated Rules Are Not Adopted, ERISI-2989.
Official Recognition —
Denied — DOAH, ERISI-2990.
Discussed, ERISI-2991.
Equivalent to Judicial Notice, ERISI-2992.
Granted, ERISI-2993.
Penal Nature of Revocation Proceeding —
Standard of Proof —
Clear & Convincing Evidence Defined & Discussed, ERISI-2994.
Procedural Rules —
County Is Bound By Own Rules, ERISI-2995.
Reconsideration —
Appropriate Up to the Proper Filing of a Notice of Appeal, ERISI-2996.
Inherent Power Regarding Examined, ERISI-2997.
Recusal —
Administrative Decision Maker — Duality of Roles Not Per Se Fatal To Impartiality, ERISI-2998.
Administrative Decision-Maker Not Held to Same Strict Standards Applicable to Judges, ERISI-2999.
Denied, ERISI-3000.
Gratuitous Statements Are Far Different From Formal Deliberations, ERISI-3001.
Impartial Decision Maker Is a Basic Component of Due Process, ERISI-3002.
Ordered, ERISI-3003.
Standard Governing Motion For Based On Movant’s Feeling & the Basis For, ERISI-3004.
Test For Examined, ERISI-3005.
Rehearing —
Does Not Suspend Date of Rendition, ERISI-3006.
Not Authorized In Administrative Proceedings, ERISI-3007.
Only An Authorized & Timely Motion For Can Toll the Time Period For Filing a Notice of Appeal, ERISI-3008.
Remand To —
Available Only In Exceptional Circumstances, ERISI-3009.
For Additional Fact Findings, ERISI-3010.
Found Unnecessary, ERISI-3011.
Proper Scope of Examined, ERISI-3012.
When Appropriate Discussed, ERISI-3013.
Res Judicata (See Also Equitable Estoppel, Estoppel) —
Applicability When Parallel & Analagous Federal & State Claims Are Involved, ERISI-3014.
Applicable, ERISI-3015.
Applies to Matters That Could Have Been Raised, ERISI-3016.
Automatic Stay Does Not Diminish the Effect of, ERISI-3017.
Discussed, ERISI-3018.
Dismissal Without Prejudice Does Not Override This Doctrine, ERISI-3019.
Four (4) Part Test For, ERISI-3020.
Identity of Causes of Action Is Determinative, ERISI-3021.
Inapplicable, ERISI-3022.
Law of the Case Doctrine Applies to Nonfinal Order, ERISI-3023.
Law of the Case Doctrine Examined, ERISI-3024.
Law of the Case Doctrine Is Narrower Than Res Judicata — Applicable Only to Issues Actually Decided, ERISI-3025.
Unexplained Affirmance Gives Rise to — Unexplained Dismissal Does Not, ERISI-3026.
Stare Decisis (See Also Nonrule Policy) —
Applicable to Local Administrative Decisions, ERISI-3027.
DOAH Conclusions of Law Not Subject to Agency Review Due to Lack of Transcript Have No Precedential Value, ERISI-3028.
Presumption In Favor of Adhering to Precedent Is Strong, ERISI-3029.
Scope of Examined, ERISI-3030.
Standard Utilized to Recede From Precedent Examined, ERISI-3031.
Supreme Court Is Committed to, ERISI-3032.
Statute of Limitations (See Also Laches) —
95 In Its Entirety Believed to Be Inapplicable to Administrative Proceedings, ERISI-3033.
95.11(3)(c) Has No Application to Administrative Proceedings, ERISI-3034.
Challenge to Special Assessment & Impact Fees, ERISI-3035.
Environmental Context — Continuing Violation Means Continuing Acts Not Effects, ERISI-3036.
Found to Preclude City Suit to Foreclose Utility & Special Assessment Liens, ERISI-3037.
Inapplicable to Administrative Proceedings, ERISI-3038.
Inverse Condemnation, ERISI-3039.
Inverse Condemnation — Four (4) Years, ERISI-3040.
Stipulation —
Agency & Private Party Bound By, ERISI-3041.
Construction of Discussed, ERISI-3042.
Voluntary Dismissal —
Does Not Divest Agency Jurisdiction After DOAH Recommended Order, ERISI-3043.
Does Not Divest Jurisdiction If By Third Party Intervenor, ERISI-3044.
Failure to Appear At Hearing Deemed to Be, ERISI-3045.
Personal Liability For Official Acts —
Qualified Immunity —
Parameters of Examined, ERISI-3046.
Plaintiff’s Burden of Proof Examined, ERISI-3047.
119 Construed —
Agency Need Not Create New Records or “Give Out Information,” 04:192.
Exemption —
Building Plans For Public Buildings — May Be Disclosed In Context of a Competitive Bid, ERISI-3048.
Trade Secrets —
Must Be Identified As Confidential Initially In Order to Qualify For Protection, ERISI-3049.
Circuit Court Affirmance of Issuance of a Building Permit to Expand a Lakefront Christian Camp —
Grant of Permit Assailed Under 163.3215 As Inconsistent With the Comprehensive Plan —
Circuit Court Order Affirmed & Reversed In Part & Remanded, ERISI-3050.