Bd. Licenses Both Accounting Firms & Its Individual Members, IAS_II-0001-001.
Prohibition On Competitive Bidding —
Reversed As Violative of First Amendment to U.S. Constitution, IAS_II-0002-001.
Prohibition On In Person Direct Solicitation —
Affirmed As Violative of First Amendment to U.S. Constitution, IAS_II-0003-001.
State’s Interest In Regulation of C.P.A.’s Examined, IAS_II-0004-001.
Attorney’s Fees —
D.O.A.H. Denial of Affirmed, IAS_II-0005-001.
Comprehensive Plans — Local (COMMUNITY AFFAIRS, Dept. of) —
Burden of Proof For Dept. of Community Affairs, IAS_II-0006-001.
Constitutionality of §380.0552(9) Upheld, IAS_II-0007-001.
Standing Discussed, IAS_II-0008-001.
Narrative Parts of Plan — Status of, IAS_II-0009-001.
Plan Must Cover Federally Owned & Submerged Land, IAS_II-0010-001.
Public Notice Requirements Prior To Adoption, IAS_II-0011-001.
Residential Densities For Submerged Areas, IAS_II-0012-001.
Sanctions Imposed —
Distribution From State/Local Revenue Sharing Upheld, IAS_II-0013-001.
Distributions From State Revenue Sharing Programs Withheld, IAS_II-0014-001.
No Power to Withhold Gas Tax Revenues, IAS_II-0015-001.
Power to Impose Sanctions For Local Failure to Properly Submit Examined, IAS_II-0016-001.
Revenue Sharing Funds Pledged to Local Bond Issues Not Withheld, IAS_II-0017-001.
Sanctions Not Imposed —
Inadvertent Violation of Negligible Impact, IAS_II-0018-001.
Sanctions Policy —
A Matter of Commission Discretion, IAS_II-0019-001.
Comm. Will Not Render Advisory Opinions, IAS_II-0020-001.
Determined On a Case-By-Case Basis, IAS_II-0021-001.
Failure to Provide A Clear Point of Entry to Challenge, IAS_II-0022-001.
Found to Be Merely a “Guideline”, IAS_II-0023-001.
No 90-Day Grace Period From Imposition of Sanctions, IAS_II-0024-001.
Permanent Forfeiture of State Funding Is Appropriate, IAS_II-0025-001.
Pertinent Statutory Framework Carefully Explored, IAS_II-0026-001.
Remedial Actions Are Mandatory, IAS_II-0027-001.
Statutory Presumption of Correctness Is Procedural Not Substantive, IAS_II-0028-001.
Statutory Presumption of Correctness Is Procedural Not Substantive, IAS_II-0029-001.
Dept. & Intervenor Challenge to Intergovernmental Coordination Element of Lee County’s Comprehensive Plan, IAS_II-0030-001.
Dept. Challenge to Charlotte County/City of Punta Gorda Joint Comprehensive Plan Affirmed, IAS_II-0031-001.
Dept. Challenge to City of Islandia’s Comprehensive Plan, IAS_II-0032-001.
Dept. Challenge to City of Port St. Lucie’s Nonsubmission of Local Comprehensive Plan, IAS_II-0033-001.
Dept. Challenge to City of St. Petersburg Beach Amendment to Plan, IAS_II-0034-001.
Dept. Challenge to City of Tallahassee Amendment to Plan — Corrected Order of Remand, IAS_II-0035-001.
Dept. Challenge to Town of Pierson’s Failure to Timely Submit a Comprehensive Plan, IAS_II-0036-001.
Intervenor Challenge to Dept. of Community Affairs Approval of City of Miami Beach Local Comprehensive Plan —
Republication of Notice of Adoption Hearing Ordered, IAS_II-0037-001.
On Motion For Rehearing or Clarification: E.L. “Shorty” Allen, et al., IAS_II-0038-001.
Rezoning In Monroe County —
Failure to Follow Proper Proposed Rulemaking Procedure Requires Reinitiation of the Process, IAS_II-0039-001.
Requisite Notice to Affected Landowner Discussed & Found Lacking, IAS_II-0040-002.
Requisite Opportunity For the Landowner to Be Heard Discussed & Found Lacking, IAS_II-0041-001.
To Be a Function of Local Government – Not a State Rulemaking Function, IAS_II-0042-001.
Attorney’s Fees (See Also PRACTICE & PROCEDURE) —
Awarded — Denial of Health Insurance Benefits, IAS_II-0043-001.
Awarded — Office of State Employee’s Insurance, IAS_II-0044-001.
D.O.A.H. Denial of Affirmed, IAS_II-0045-001.
Methodology For Determining Examined, IAS_II-0046-001.
Conclusive Rule Presumption of Abandonment Reversed, IAS_II-0047-001.
Recommended Order —
Penalty — Agency Cannot Modify Without a Transcript, IAS_II-0048-001.
Disability Benefits —
Policeman — Auto Accident En Route to Mandatory Court Appearance, IAS_II-0049-001.
Dismissal of Petition For Hearing As Untimely Without Consideration of Alleged Excuse Reversed, IAS_II-0050-001.
Jurisdiction Over Involuntary Dismissals Questioned, IAS_II-0051-001.
Public Employees —
No Jurisdiction Over Career Service Employee’s Constructive Abandonment or Dismissal, IAS_II-0052-001.
Reinstatement of Public Employee Ordered —
Employee Incarcerated On Criminal Charges Later Dropped —
A Request For Leave Cannot Always Be Made In Advance, IAS_II-0053-001.
Statutory Authority to Create Evidentiary Presumptions By Rule Questioned, IAS_II-0054-001.
A Creature of Statute Limited to Powers Specifically Conferred, IAS_II-0055-001.
A Quasi-Judicial Body — No Policy-Making Function, IAS_II-0056-001.
Attorney’s Fees — Equal Access to Justice Act (§57.111)
Attorney’s Fees — Equal Access to Justice Act (§57.111) (See PRACTICE & PROCEDURE)
Baker Act Hearings —
Authority to Conduct Continued Hospitalization Hearings, IAS_II-0057-001.
Closure to Newspaper Reporter Upheld, IAS_II-0058-001.
Concurrent Jurisdiction With Circuit Court, IAS_II-0059-001.
Found to Center Around Confidential Records of a Patient, IAS_II-0060-001.
Standing to Challenge Closure of Hearing — Burden of Proof, IAS_II-0061-001.
Declaratory Statements —
No Jurisdiction to Grant Concerning Another Agency, IAS_II-0062-001.
Recommended Order Regarding Petition For Found to Amount to An Advisory Opinion, IAS_II-0063-001.
Exceptional Student Cases —
Appeal of D.O.A.H. Final Order to Either Circuit or District Court of Appeals Compared & Contrasted, IAS_II-0064-001.
Formal Hearing Held For Petition Later Found By Referring Agency to Lack Standing —
All Findings Summarily Rejected, IAS_II-0065-001.
Hearing Officer — Discretionary Powers Examined, IAS_II-0066-001.
Hearing Officer — Remand — Decline of DER Remand For De Novo Hearing, IAS_II-0067-001.
Inmate Rule Challenge —
§120.57 Challenge — Dismissed, IAS_II-0068-002.
Dismissal of Reversed, IAS_II-0069-003.
Order of Dismissal Found to Be Deficient, IAS_II-0070-003.
Involuntary Hospitalization — Continuation Hearings (See Also HRS, Dept. of) —
Concurrent Jurisdiction With Circuit Court, IAS_II-0071-001.
None to Consider Inverse Condemnation Claim, IAS_II-0072-001.
None to Entertain a §120.54(5) Petition Extolling Another Agency To Initiate Rulemaking, IAS_II-0073-001.
Powers Are Not Commensurate With a Court of Equitable Jurisdiction, IAS_II-0074-001.
Local Comprehensive Plan —
Collier County — Land Development Regulations — Intervenor Challenge to Consistency With Local Comprehensive Plan Granted, IAS_II-0075-001.
Town of Jupiter — Land Development Regulations —
Intervenor Challenge to Consistency With Local Comprehensive Plan, IAS_II-0076-001.
Nonfinal Order —
Circuit Court Found to Lack Jurisdiction to Issue Writ of Prohibition Regarding, IAS_II-0077-001.
Dismissal of Party (See Also PRACTICE & PROCEDURE, D.O.A.H.; Sanctions) —
No Appeal of Nonfinal Order, IAS_II-0078-001.
Public Entity Crime — Fla. Convicted Vendor List —
Establishment & Effect of Prima Facie Case, IAS_II-0079-001.
Informal Hearing Is Not Available Under §287.133(3)(e)(2), IAS_II-0080-001.
Placing of Convicted Vendor On List Found Not In the Public Interest, IAS_II-0081-002.
Rule Validity —
Corrections — Service Charges For Public Records — D.O.A.H. Finding Affirmed, IAS_II-0082-001.
Vested Rights Determination Against the Provisions of the 2010 Comprehensive Plan —
Bad Faith On the Part of Predecessor In Title — Leon County, IAS_II-0083-001.
Commercial Development — Leon County, IAS_II-0084-001.
Common Law Vesting Is Equivalent to Equitable Estoppel, IAS_II-0085-002.
Mechanics of §163.3167 Examined, IAS_II-0086-002.
Shopping Center — Leon County, IAS_II-0087-001.
Statutory Vis Common Law Vesting, IAS_II-0088-001.
Zoning Classification or a Rezoning Does Not Guarantee or Vest Specific Development Rights, IAS_II-0089-001.
Amended Final Order On Appellate Remand — Berry Investment Group, IAS_II-0090-001.
Bid — Protest (See Also CONTRACTS (Bids/Protests)) —
Dept. Rejection of For Failure to Attach Bid Tabulation Reversed — Ethylene Dibromide Water Filters, IAS_II-0091-001.
Boll Weevils —
§593.114 Declared Unconstitutional — Statutory Amendment — Remand, IAS_II-0092-001.
Citrus Canker —
Chapter 89-91 Held to Serve the Public Interest, IAS_II-0093-001.
Supreme Court Grants Writ of Prohibition Barring Circuit Court Inverse Condemnation Suit —
Chapter 89-91 Properly Established Administrative Proceeding As Exclusive Mechanism For Determining Compensation, IAS_II-0094-001.
Contract — Failure to Pay (See Also CONTRACTS) —
Affirmative Defense — Dept. May Consider, IAS_II-0095-001.
Circuit Court Claim Precludes Administrative Hearing On Same Claim, IAS_II-0096-001.
Failure to Timely Produce §604.22(1) Accounting, IAS_II-0097-001.
Respective Burdens of Proof For Grower & Dealer Examined, IAS_II-0098-001.
Dismissal of Circuit Court Claim Might Revive Option of An Administrative Remedy, IAS_II-0099-001.
Set-Off — Different Transaction — Dept. May Not Consider, IAS_II-0100-002.
Dept. Reversed For Failure to Rule On Exceptions to Recommended Order, IAS_II-0101-001.
Misbranding of Commercial Fertilizer, IAS_II-0102-001.
Citrus Dealer —
Strict Liability For Sale of Frozen Juice Containing Pulpwash Rejected, IAS_II-0103-001.
Mail Order Telephone Solicitation —
Five (5) Part Test For Applicability of Chapter 91-237, IAS_II-0104-001.
Motor Fuel —
Assessment Against Bond —
Dealer Has the Burden of Proving Entitlement to Refund of Bond Posted, IAS_II-0105-001.
Contaminated Fuel Sold —
Leaded Gasoline —
Sale of Without Proper Lead Content, IAS_II-0107-002.
Unleaded Gasoline —
Ethanol Blend Without Proper Labeling, IAS_II-0108-001.
Custom Slaughtering Establishment —
Operating Without, IAS_II-0109-001.
Meat & Poultry Distributor —
Failure to Properly Display Inspection Legend, IAS_II-0110-001.
Sale of Inedible Animal Parts, IAS_II-0111-001.
Purpose of Fla. Citrus Code of 1949 (§601.01) Explored, IAS_II-0112-001.
Road Guard Inspection Special Officers —
Are Law Enforcement Officers, IAS_II-0113-001.
May Serve As a Stopgap Until Other Law Enforcement Officers Arrive, IAS_II-0114-001.
Supreme Court Finds Warrantless Felony Arrest Authority, IAS_II-0115-001.
Warrantless Search Powers Examined — Felony Arrest Based On Improper, IAS_II-0116-001.
Cross Creek Land Use Restrictions Affirmed, IAS_II-0117-001.
Underground Petroleum Storage Tank Ordinance (See Also DADE COUNTY; ENVIRONMENTAL REGULATION, Dept. of, Petroleum Storage Tanks) —
Affirmed As Unconstitutional, IAS_II-0118-001.
Circuit Court Finds Local Underground Petroleum Storage Tank Ordinance Unconstitutional, IAS_II-0119-001.
Enabling Legislation Found Constitutionally Defective, IAS_II-0120-001.
History of Litigation Reviewed, IAS_II-0121-001.
Alcoholic Beverage License Is Not a Professional License — Ferris Standard of Proof Inapplicable, IAS_II-0122-001.
Alcoholic Beverage License Is a Privilege Not a Right, IAS_II-0123-002.
Applicant Has Burden of Proof, IAS_II-0124-002.
Applicant’s Burden of Proof Examined, IAS_II-0125-001.
Controlled Substances — Sale or Use On Premises, IAS_II-0126-001.
Corporate Officers — Change — Felony Conviction, IAS_II-0127-001.
Criminal Conviction, IAS_II-0128-001.
Failure to Timely Secure Proper Zoning For Business Location, IAS_II-0129-002.
Lack of Good Moral Character, IAS_II-0130-001.
Operating Beyond Scope of Current License, IAS_II-0131-001.
Previous License Revocation, IAS_II-0132-001.
Proper Zoning Affords Local Government Requisite Oversight of Location of Business, IAS_II-0133-002.
Quota License —
Applicant Has Burden of Proof, IAS_II-0134-002.
Application Process Examined, IAS_II-0135-001.
Completed Application Defined, IAS_II-0136-001.
Failure to Properly Execute Preliminary Application, IAS_II-0137-001.
Failure to Receive Dept. Notice of Award — Untimely Application, IAS_II-0138-001.
Failure to Timely Execute Complete Application, IAS_II-0139-001.
Mechanics of Issuance of Examined, IAS_II-0140-001.
Mechanics of Lottery For Examined, IAS_II-0141-001.
Requirement For Documentation of Financial Arrangements Upheld As Valid, IAS_II-0142-001.
Requirement For Proof of Right of Occupancy to Properly Zoned Location Upheld As Valid, IAS_II-0143-001.
Standard For Judicial Review of Denial, IAS_II-0144-001.
Transfer — Only License Holder Can Initiate, IAS_II-0145-002.
D.O.A.H. Penalty —
Div. Rejection of Reversed, IAS_II-0146-001.
Declaratory Statements (See DECLARATORY STATEMENTS)
Div. Investigators —
Police Powers of Examined, IAS_II-0147-001.
Emergency Suspension of License Without Hearing Affirmed, IAS_II-0148-001.
Excise Tax — $1,000 Surcharge — Three (3) or More Permanent Bars At An Establishment —
Enclosure Defined, IAS_II-0149-001.
Enclosures Are the Operative Consideration, IAS_II-0150-001.
Pertinent Statutes Examined, IAS_II-0151-001.
Room Defined, IAS_II-0152-001.
Excise Tax Exemption Struck Down —
Alcohol Produced From Locally Grown Products, IAS_II-0153-001.
Constitutional Challenge (See CONSTITUTION (U.S))
D.O.A.H. Directed Not to Entertain Challenge to Validity of Emergency Rules Until Pending Circuit Court Case Is Resolved, IAS_II-0154-001.
Transfer Into Escrow Denied In Deference to Circuit Court Jurisdiction, IAS_II-0155-002.
Lien Against — Div. Refusal to Record —
Burden of Proof — Petitioner, IAS_II-0156-001.
Creation of Lien Analyzed, IAS_II-0157-001.
Distinction Drawn Between Priority & Date of Creation, IAS_II-0158-001.
Time Limit For Recording, IAS_II-0159-002.
Minor/Musician Performing On Licensed Premises (See Also DECLARATORY STATEMENTS) —
Common Law Definition of Employment Examined, IAS_II-0160-001.
Four (4) Part Test For Master-Servant Relationship, IAS_II-0161-001.
Municipal Power Over —
Limited to That Specifically Provided By Statute, IAS_II-0162-001.
None to Regulate Sales of, IAS_II-0163-001.
Notice to Show Cause —
Battery On Div. Investigator, IAS_II-0164-001.
Burden of Proof —
Ferris Found Applicable, IAS_II-0165-003.
Ferris Found Not Applicable, IAS_II-0166-002.
Penal Nature of Revocation Proceeding, IAS_II-0167-001.
Preponderance of Evidence, IAS_II-0168-003.
Controlled Substances — Sale or Use On Licensed Premises, IAS_II-0169-012.
Corporate License Holder —
Innocent Corporate Officer May Reapply After Revocation, IAS_II-0170-001.
Emergency Suspension of License, IAS_II-0171-006.
Failure to Keep Requisite Written Records, IAS_II-0172-001.
Gambling on Licensed Premises, IAS_II-0173-001.
Keeping a House of Ill Fame, IAS_II-0174-002.
Lewd & Lascivious Behavior —
Dancers Are Employees Even Though No Salary Was Paid, IAS_II-0175-001.
Dancers Are Licensee’s Employees Even If Not Paid a Salary, IAS_II-0176-001.
Duty of Licensee to Police, IAS_II-0177-001.
Lap Vis Table Dancing, IAS_II-0178-001.
Lewd Behavior Defined, IAS_II-0179-001.
Lewd Defined, IAS_II-0180-001.
Nipple of Breast Not a Sexual Organ, IAS_II-0181-001.
Vicarious Liability For Flagrant & Repeated Misconduct, IAS_II-0182-001.
Lewd & Lascivious Behavior, IAS_II-0183-001.
Obstruction of Div. Investigator, IAS_II-0184-002.
Operating Beyond Scope of License, IAS_II-0185-002.
Public Nuisance, IAS_II-0186-003.
Purchase of Alcoholic Beverages For Resale From Improper Vendor, IAS_II-0187-001.
Resisting Arrest With Violence, IAS_II-0188-001.
Discontinuance of Service of Full-Course Meals, IAS_II-0189-001.
Outdoor Seating Not Counted Toward 150 Seat Minimum, IAS_II-0190-001.
Sale of Stolen Cigarettes, IAS_II-0191-001.
Sale of Stolen Property, IAS_II-0192-001.
Sale to Underaged Persons —
Absolute Liability of Licensee, IAS_II-0193-002.
Div. “Sting” Operation Found Not to Involve Entrapment, IAS_II-0194-001.
Div. Policies & Procedures Manual Examined, IAS_II-0195-001.
No Distraction Defense, IAS_II-0196-001.
Serious Nature of the Violation, IAS_II-0197-001.
Single Violation — Lack of Due Diligence Must Be Proven, IAS_II-0198-001.
Strict Liability Not Imposed — Due Diligence Test, IAS_II-0199-001.
Vicarious Liability of Corporate Licensee, IAS_II-0200-001.
Sale to Underaged Persons, IAS_II-0201-007.
Stipulation — Div. Later Repudiates — Denial of Petition For Hearing As Untimely Reversed, IAS_II-0202-001.
Penalty (See Also DISCIPLINE, Penalty; PRACTICE & PRACTICE, D.O.A.H., Recommended Order, Penalty) —
Absence of Prior Violation & Ignorance Found Not to Be Mitigating Factors, IAS_II-0203-001.
Division’s Investigative Costs Can Be Imposed, IAS_II-0204-001.
Drug-Related Activity On Licensed Premises Especially Serious Violation, IAS_II-0205-001.
Mitigation — Preventative Though Inadequate Efforts, IAS_II-0206-001.
Order to Sell License, IAS_II-0207-001.
Revocation — Economic Considerations Do Not Matter, IAS_II-0208-001.
Sale or Use of Controlled Substances On Licensed Premises, IAS_II-0209-001.
State Quality Control Program For Manufacturers — None, IAS_II-0210-001.
Stay Pending Sale of License, IAS_II-0211-001.
Tax (See Also TAXATION) —
Consumed On Premises Surtax —
Validity Upheld Against Constitutional Attack, IAS_II-0212-001.
Vicarious Liability of Licensee (See Also DISCIPLINE) —
Carefully Examined, IAS_II-0213-001.
Implied Actual Knowledge, IAS_II-0214-003.
Licensee Not Strictly Liable, IAS_II-0215-001.
Persistent & Recurring Activity, IAS_II-0216-001.
Supervisory Responsibilities Exhaustively Explored, IAS_II-0217-002.
Vicarious Liability of Licensee, IAS_II-0218-006.
Application Fee —
Constitutional Challenge to Rejected, IAS_II-0219-001.
DRI Review —
Application Fee —
Constitutional Challenge to Rejected, IAS_II-0220-001.
Nondelegation of Legislative Powers Doctrine, IAS_II-0221-001.
Nature of Exhaustively Explored, IAS_II-0222-001.
Nondelegation of Legislative Powers Doctrine, IAS_II-0223-001.
Regional Planning Councils —
Statutory Framework Governing Examined, IAS_II-0224-001.
Access to Courts (See CONSTITUTION (Fla.))
Advisory Opinion —
Courts Generally Avoid As Improper, IAS_II-0225-001.
Agency Conclusions of Law Are Entitled to Deference, IAS_II-0226-001.
Answer Briefs —
Permissible Not Mandatory, IAS_II-0227-001.
Appellate Court —
Cannot Consider Political or Economic Ramifications of a Decision, IAS_II-0228-001.
Considers Economic Ramifications of Its Decision, IAS_II-0229-001.
Declines to Remedy Counsel’s Neglect By Straining to Find An Abuse of Discretion, IAS_II-0230-001.
Must Interpret the Expressed Will of the Legislature, IAS_II-0231-001.
Preemption By Analogous Federal Regulations Examined, IAS_II-0232-001.
Automatic Stay (See Also Stay Pending Appeal) —
DOT Disadvantaged Business Enterprise (DBE) Certification Distinguished From License, IAS_II-0233-001.
Denial of Renewal Distinguished From Suspension or Revocation, IAS_II-0234-001.
Inapplicable to Challenge to Probation of License, IAS_II-0235-001.
Not Available Absent Suspension or Revocation of Professional License, IAS_II-0236-001.
When Applicable, IAS_II-0237-002.
Caselaw at Time of Disposition of Appeal Utilized, IAS_II-0238-001.
Certificate of Need (CON) —
Statutory Limitations On Scope of, IAS_II-0239-001.
Certiorari (See Also Circuit Court) —
Common Law Certiorari Jurisdiction Utilized, IAS_II-0240-001.
Denied — Plenary Appeal Found to Be a Sufficient Remedy, IAS_II-0241-001.
Does Not Extend to Directing That a Particular Action Be Taken, IAS_II-0243-001.
Parameters Examined, IAS_II-0244-001.
Review of Circuit Court Certiorari Review Is By Certiorari, IAS_II-0245-001.
When Appropriate, IAS_II-0246-001.
Circuit Court (See Also ENVIRONMENTAL REGULATION, Dept. of, Enforcement Action) —
Certiorari — Appellate Review of Denial of, IAS_II-0247-001.
Certiorari Review (See Also Certiorari) —
Parameters Examined, IAS_II-0249-001.
Review of Circuit Court Certiorari Review Is By Certiorari, IAS_II-0250-001.
Acts In a Purely Ministerial Capacity With No Discretion When Filing a Document, IAS_II-0251-001.
Constitutional Challenges (See Statutes)
Contempt Powers Governed By Equitable Principles, IAS_II-0252-001.
Declaratory Judgment —
Applicability of Statutory Immunity From Civil Suit Is An Appropriate Subject, IAS_II-0253-001.
Failure to Join Affected Parties, IAS_II-0254-001.
Purpose of Examined, IAS_II-0255-001.
Standing Found Despite Challenge, IAS_II-0256-001.
Declaratory Judgment Reversed, IAS_II-0257-001.
Deference to Administrative Agencies (See Also Circuit Court, Exhaustion of Administrative Remedies) —
Administrative Decision Not Dispositive In Parallel Civil Suit, IAS_II-0258-001.
Only When It Aids the Court, IAS_II-0259-001.
Primary Jurisdiction of Administrative Agencies, IAS_II-0260-002.
Substitution of Judgment For That of Agency Improper, IAS_II-0261-001.
Test For Appropriateness of Initially Deciding Issues of Agency Jurisdiction, IAS_II-0262-001.
Discretion of Court to Not Enforce Certain Penalties, IAS_II-0263-001.
Enforcement of Subpoena Duces Tecum, IAS_II-0264-001.
Exhaustion of Administrative Remedies —
Inapplicable If These Remedies Are Insufficient, IAS_II-0265-001.
Exhaustion of Administrative Remedies Explored, IAS_II-0266-002.
Extraordinary Remedies (See Also Mandamus; Prohibition) —
Fla. R. Civ. P. 1.630 Is Applicable, IAS_II-0267-001.
Fact Findings (See Fact Findings)
Against Agency, IAS_II-0268-002.
Appellate Review — Proper Scope of Examined, IAS_II-0269-001.
Party Stipulating to Issuance of Cannot Attack Collaterally, IAS_II-0270-001.
Retention of Jurisdiction Over Examined, IAS_II-0271-001.
Standard Governing Grant of, IAS_II-0272-001.
Temporary — Nature of Examined, IAS_II-0274-001.
Temporary — Showing of Irreparable Harm Is Requisite To, IAS_II-0275-001.
Constitutional Challenge to Local Ordinance, IAS_II-0276-001.
Mandamus (See Also Extraordinary Remedies) —
Denial of Reversed, IAS_II-0277-003.
Issuance of Pursuant to Default Provision of §120.60(2) Reversed, IAS_II-0278-001.
Nonfinal Order (See Also Nonfinal Order) —
Jurisdiction Found Lacking, IAS_II-0279-001.
Partial Summary Judgment, IAS_II-0280-001.
Standard For Review of City Zoning Action, IAS_II-0281-001.
Cannot Reach Challenge to Agency Application of Constitutional Statute Until Administrative Remedies Are Exhausted, IAS_II-0282-001.
Interlocutory Challenge — Can Only Reach Facial Constitutionality — Not As Applied, IAS_II-0283-001.
Distinguished & Contrasted With Jurisdiction, IAS_II-0284-001.
Writ of Prohibition —
Jurisdiction Found Lacking, IAS_II-0285-001.
Concurring Opinion —
Represents the Decision of the Court When Joined By a Majority of the Panel, IAS_II-0286-001.
Confession of Error —
Accepted — Attorney’s Fees Awarded, IAS_II-0288-001.
Agency Should File If Mistake Below Is Acknowledged, IAS_II-0289-001.
Constitutional Challenges (See CONSTITUTION)
Declaratory Statement (See Also DECLARATORY STATEMENTS) —
Appellate Review of, IAS_II-0290-001.
Regarding Issue Not Squarely Before Court — Nonbinding, IAS_II-0291-001.
Direct Appeal —
Emergency Rule Challenges, IAS_II-0292-001.
Rule Challenges, IAS_II-0293-002.
State Taxation — Dept. of Revenue, IAS_II-0294-001.
District Courts of Appeal (D.C.A.) —
Sister Court Decisions Are Not Binding, IAS_II-0295-001.
Exhaustion of Administrative Remedies —
A Matter of Judicial Policy Not Power or Jurisdiction, IAS_II-0296-001.
Deference To Administrative Process, IAS_II-0297-002.
Exception For Challenges to Agency Jurisdiction Examined & Found Not Satisfied, IAS_II-0298-001.
Exceptions to Discussed, IAS_II-0299-001.
Inapplicable When Multiple Respondents Are Not All Subject to the APA, IAS_II-0301-001.
Inapplicable When a Constitutional Challenge Is Made, IAS_II-0302-001.
Judicial Policy — Not a Jurisdictional Question, IAS_II-0303-002.
Purpose of, IAS_II-0304-001.
Exhaustion of Administrative Remedies, IAS_II-0305-003.
Fact Findings (See Also Preservation of Error For Appeal) —
Agency — Requisite Deference, IAS_II-0306-001.
Cannot Be Disturbed If Supported By Competent, Substantial Evidence, IAS_II-0307-005.
Competent Substantial Evidence Defined, IAS_II-0308-001.
Competent Substantial Evidence Found Lacking, IAS_II-0309-003.
Court Cannot Reweigh the Evidence, IAS_II-0310-002.
Court Will Not Substitute Its Judgment, IAS_II-0311-002.
Court Will Not Undertake Review of Absent Properly Filed Exceptions To Below, IAS_II-0312-001.
Inadequate Explanation of the Basis For, IAS_II-0313-001.
Must Be Properly Challenged Below, IAS_II-0314-001.
Fast Track Appeal, IAS_II-0315-001.
Final Order Entered In Error — Correct Appellate Remedy, IAS_II-0316-001.
§57.081 & §120.57(1)(b) Do Not Require the State to Provide Free Transcripts of Appeals From Agency Action, IAS_II-0317-001.
§57.081 & §120.57(1)(b) Do Require the State to Provide Free Transcripts of Administrative Hearings, IAS_II-0318-002.
Found Entitled By Specific Statute to Free Transcript — Unemployment Compensation, IAS_II-0319-001.
Judicial Notice —
Factual Matter Based On Records That Should Have Been Reviewed Below, IAS_II-0320-001.
Previous Judicial Decision — Record In Previous Case Must Be Included In Record At Bar, IAS_II-0321-001.
Statutes & Appellate Court Decisions Must Be Noticed, IAS_II-0322-001.
Cannot Be Used To Achieve Unauthorized Direct Review in D.C.A., IAS_II-0323-001.
Discretionary Authority Not Subject To, IAS_II-0324-003.
Evidentiary Hearing Found Improperly Denied, IAS_II-0325-001.
Failure to Exhaust Administrative Remedies, IAS_II-0326-002.
Found Appropriate, IAS_II-0327-001.
Grant of Reversed, IAS_II-0328-001.
Inappropriate When There Are Disputed Issues of Material Fact, IAS_II-0329-001.
Irreparable Harm — Unnecessary Litigation Does Not Constitute, IAS_II-0330-001.
Issued to Compel D.O.A.H. To Accept Remand, IAS_II-0331-001.
Issued to Compel Licensure, IAS_II-0332-001.
Issued to Enforce Automatic Stay of Bid Protest, IAS_II-0333-001.
Public Records — Disclosure Is Not a Discretionary Act, IAS_II-0334-001.
Requisite Showing For Relief, IAS_II-0335-001.
Untimely Petition — Agency Claim of Rejected, IAS_II-0336-001.
When Appropriate — Three (3) Part Test For, IAS_II-0337-001.
When Appropriate, IAS_II-0338-002.
Writ of Habeas Corpus Treated As, IAS_II-0339-001.
Court May Properly Decline to Rule On Moot Issues, IAS_II-0340-001.
Nonfinal Order (See Also Circuit Court) —
Agency Denial of Motion to Dismiss Third Party’s Petition For Hearing As Untimely, IAS_II-0341-001.
Agency Denial of Motion to Limit Discovery, IAS_II-0342-001.
Appellate Review Found Not Proper, IAS_II-0343-002.
Appellate Review Found Proper, IAS_II-0344-007.
Appellate Review Limited to Four (4) Corners of the Order, IAS_II-0345-001.
Availability of Review, IAS_II-0346-001.
Circuit Court Jurisdiction Found Lacking, IAS_II-0347-001.
D.O.A.H. — Dismissal of Party, IAS_II-0348-001.
D.O.A.H. Denial of Agency Motion to Limit Issues, IAS_II-0349-001.
D.O.A.H. Denial of Motion to Dismiss, IAS_II-0350-001.
D.O.A.H. Denial of Petition to Disqualify Agency Attorney, IAS_II-0351-001.
D.O.A.H. Discovery Order — No Stay of D.O.A.H. Hearing, IAS_II-0352-001.
Denial of Remand, IAS_II-0354-001.
Discovery Order — Jeopardy Tax Assessment, IAS_II-0355-001.
Emergency Suspension of License, IAS_II-0357-001.
Improper Absent a Written Order, IAS_II-0358-001.
Notice of Appeal Treated As Petition For Review of, IAS_II-0359-001.
Order Which Did Not Fix Amount of Affirmative Relief Found to Be 4216.
Partial Summary Judgment, IAS_II-0360-001.
Notice of Appeal —
Equitable Tolling Found Applicable, IAS_II-0361-001.
Failure to Timely File —
Agency May Vacate Then Re-enter Final Order to Create New Time Limit, IAS_II-0362-001.
Copy Must Be Timely Filed With Clerk of Appellate Court, IAS_II-0363-001.
Equitable Estoppel For Excusable Neglect, IAS_II-0364-001.
Failure to Timely File Copy With Agency Clerk As Well As Clerk of Appellate Court Not Fatal, IAS_II-0365-001.
Filing of Divests Agency Jurisdiction, IAS_II-0366-002.
Must Be Directed to Initial Not Subsequent Final Order, IAS_II-0367-001.
Proper Treatment of Subsequent Amended Order, IAS_II-0368-001.
Time Limit Cannot Be Extended By Collateral Attack On Final Agency Action, IAS_II-0369-001.
Time Limit — Rehearing, IAS_II-0370-001.
Vacated Final Order Creates New Time Limit, IAS_II-0371-001.
Penalty (See Also DISCIPLINE; PRACTICE & PROCEDURE, D.O.A.H., Recommended Order) —
Appellate Review of Agency Rejection of, IAS_II-0372-001.
Court Cannot Review Without a Complete Transcript of the Proceeding Below, IAS_II-0373-001.
Court Strikes As Based On Matters Not Charged In the Administrative Complaint, IAS_II-0374-001.
Court Suggests a “Less Severe Sanction”, IAS_II-0375-001.
Court Will Not Review If Within Permissible Statutory Range, IAS_II-0376-008.
D.C.A. Can Order Bd. to Follow D.O.A.H. Recommendations, IAS_II-0377-003.
Per Curiam Decision —
Has No Precedential Value, IAS_II-0378-001.
Preservation of Error For Appeal (See Also Fact Findings) —
Issues Not Raised & Ruled On Below Cannot Be Reached, IAS_II-0379-009.
Issues Waived Below Cannot Be Reached, IAS_II-0380-001.
Procedural Objections Must Be Raised Below, IAS_II-0381-001.
Pro Se Appellants —
Court Exhaustively Examines Difficulties Posed By & Full Applicability of Appellate Rules, IAS_II-0382-001.
Prohibition (Writ of) —
Circuit Court Found Without Jurisdiction To Issue Regarding Nonfinal Administrative Order, IAS_II-0383-001.
Clear Absence of Subject Matter Jurisdiction Is Required, IAS_II-0384-001.
Explanation of When It Is Appropriate, IAS_II-0386-002.
Improper If There Are Other Available & Appropriate Remedies, IAS_II-0388-001.
Proper When Statute Removes Jurisdiction From Circuit Court & Is Not Honored, IAS_II-0389-001.
Recommended Orders (D.O.A.H.) —
Rejection of to Be Closely Scrutinized, IAS_II-0390-001.
Agency Charge For Preparation of For Appeal — DER, IAS_II-0391-001.
Agency Charge For Preparation of For Appeal Must Be Expressly Authorized By Statute, IAS_II-0392-001.
Agency Charges For Preparation of On Appeal, IAS_II-0393-001.
Agency Failure to Preserve Testimony At Hearing — Summary of Testimony In Lieu of, IAS_II-0394-001.
Agency Failure to Preserve Testimony At Hearing, IAS_II-0395-001.
Agency Has Affirmative Duty to Completely Preserve All Testimony At Hearing, IAS_II-0396-001.
Appellate Court Cannot Review Matters Outside of, IAS_II-0397-001.
Duty To Furnish Transcript of Hearing, IAS_II-0398-001.
Duty to Furnish Transcript of Hearing —
Indigent Prison Inmate — §120.56 Rule Challenge, IAS_II-0399-001.
Incomplete Yet Accepted, IAS_II-0400-001.
Indigents Are Entitled to Free Copy of Transcript of Administrative Proceeding, IAS_II-0401-002.
Indigents Are Not Entitled to Free Copy of Transcript of An Appeal, IAS_II-0402-001.
Transcript Defined, IAS_II-0403-001.
Motion For Extends Date of Issuance of Mandate, IAS_II-0404-001.
Remand to Agency (See Also PRACTICE & PROCEDURE, D.O.A.H., Recommended Order, Remand) —
Authorizes Agency to Vacate Its Final Order & Take Any Authorized Action, IAS_II-0405-001.
Does Not Reopen Entire Case, IAS_II-0406-003.
Law to Be Observed On Remand Discussed, IAS_II-0407-001.
Limitations On Issues to Be Considered Discussed, IAS_II-0408-001.
Limits Scope of Additional Proceeding Below, IAS_II-0409-001.
New Formal Hearing At D.O.A.H. Denied, IAS_II-0410-001.
Test For Necessity of In Event of Error In Proceedings Below, IAS_II-0411-001.
Administrative Remedies Attempt to Provide a Party With a More Expedient Method of Resolving a Dispute, IAS_II-0412-001.
Election of Remedies Found to Be Inapplicable, IAS_II-0413-001.
Meaningful Backward-Looking Relief Found Required, IAS_II-0414-001.
Reversal of Agency Action Below —
New Hearing Officer Required, IAS_II-0415-001.
Reversible Error Discussed, IAS_II-0416-001.
Rules (See Also RULES & RULEMAKING, Appellate Review) —
Court Will Not Review the Validity of If Issue Regarding Is Not At Least Raised Below, IAS_II-0417-001.
Court Without Authority to Compel Rulemaking Regarding Policy Choices, IAS_II-0418-001.
Courts Will Not Review the Validity of a Proposed Rule If the Proper Rulemaking Procedure Was Not Followed, IAS_II-0419-001.
De Novo Challenge At D.C.A. Found Inappropriate, IAS_II-0420-001.
Direct Appeal —
Emergency Rules, IAS_II-0421-001.
Requisite Allegations, IAS_II-0422-001.
Rule Challenges, IAS_II-0423-002.
Direct Appeal, IAS_II-0424-001.
Scope of Review Is Limited — Denial of §120.54(5) Petition to Initiate Rulemaking, IAS_II-0425-001.
Scope of Review Is Limited, IAS_II-0426-002.
Scope of Review —
Administrative Actions Generally, IAS_II-0427-004.
Court Will Not Substitute Its Judgment Regarding Matters of Discretion, IAS_II-0428-001.
Separation of Powers (See CONSTITUTION, U.S.)
Standing (See PRACTICE & PROCEDURE, Intervenors) —
Statutes (See Also STATUTES) —
Agency Construction Will Not Be Overturned Unless Clearly Erroneous, IAS_II-0429-002.
Available Constitutional Interpretation Is Obligatory, IAS_II-0430-001.
Construction of Is Ultimately the Providence of the Judiciary, IAS_II-0431-001.
Courts Cannot Rewrite No Matter How Admirable the Goal, IAS_II-0432-001.
Courts Will Defer to Agency Interpretations Within the Range of Those Possible, IAS_II-0433-003.
Judicial Duty to Honor Legislative Intent, IAS_II-0434-001.
Standard Governing Appellate Review, IAS_II-0435-001.
Stay (See Automatic Stay)
Automatic — Agency Failure to Accord, IAS_II-0436-001.
Jurisdiction to Grant Terminates Upon Conclusion of Proceeding, IAS_II-0438-001.
Ore Tenus Motion For Granted, IAS_II-0439-001.
Cost Reimbursed After Successful Appeal, IAS_II-0440-001.
Transfer of Appeal —
Fla. R. App. P. 9.040(b) Examined, IAS_II-0441-001.
Not Authorized Merely For Sake of Convenience, IAS_II-0442-001.
Licensure — Interior Designer —
Application — By Endorsement —
Deadline For Application Discussed, IAS_II-0443-001.
Distinction Between Interior Design Services & Interior Decorating Services, IAS_II-0444-005.
Final Order Upon Remand — Floyd, IAS_II-0445-001.
Grandfather Proviso — Procedure Examined, IAS_II-0446-001.
Grandfather Proviso Found Inapplicable, IAS_II-0447-001.
Requisite Work Experience — Substantiation of Discussed, IAS_II-0448-001.
Six (6) Years of Full-Time Employment Required, IAS_II-0449-001.
Treatment of Part-Time Work, IAS_II-0450-001.
Treatment of Workdays Involving Only a Portion of Interior Designing, IAS_II-0451-003.
Use of the Title “Interior Designer” Examined, IAS_II-0452-001.
Big Pine Key —
Construction of Fences —
Impact On Key Deer Examined, IAS_II-0453-001.
Lake County —
Planned Unit Development Near Green Swamp — Threat to Drinking Water Examined, IAS_II-0454-001.
Legislative Approval of a Rule Regarding Confirms the Rule’s Validity Per Se, IAS_II-0455-001.
Local Government Loses Exclusive Control Over Developments Within, IAS_II-0456-001.
Proposed or Adopted Rules Regarding Subject to §120.54(4) & §120.56 D.O.A.H. Challenge Despite Required Legislative Approval, IAS_II-0457-001.
Purpose of This Program Examined, IAS_II-0458-001.
Attorney For Bd. of Trustees of Ringling Museum of Art —
Applicability of §119 and Sunshine Law to the Trustees & Its Advisory Boards, IAS_II-0459-001.
Status of Museum As a State Agency, IAS_II-0460-001.
Attorney General Has No Authority to Interpret Rules of the Florida Supreme Court, IAS_II-0461-001.
Bd. of Regents —
Question As to Whether a Van Designed to Transport More Than Ten (10) Persons Constitutes a “School Bus”, IAS_II-0462-001.
City of Miami Beach —
Duty to Provide Public Records On Computer Data Storage Discs, IAS_II-0463-001.
Clerk of County Court —
Authorization to File Certified Copy of Facsimile Document (a “Fax”) In Official Records, IAS_II-0464-001.
Collier County Tax Collector —
Authority to Implement Random Drug Testing Policy For Employees, IAS_II-0465-001.
Construction Industry Lic. Bd. —
Authority of Bd. to Designate & Require Licensing of Categories of Specialty Contractors, IAS_II-0466-001.
District Medical Examiner —
Applicability of §245.16 Prohibition On Transport of Human Body Parts, Fluids or Specimens Outside the State, IAS_II-0467-001.
Funeral Directors —
An Unclaimed Body Must Be Embalmed Prior to Cremation, IAS_II-0468-001.
Entitlement of Public Employees & Officials Who Are Members of the Florida National Guard to Leaves of Absence With Pay For More Than 17 Days, IAS_II-0469-001.
Health Care Cost Containment Bd. —
Patient Names Submitted As Part of the §407.02(10) Complaint Resolution Process Found Exempt From Public Records Law, IAS_II-0470-001.
Hillsborough County —
Commissioner Who Is Physically Ill But Mentally Sound Can Participate & Vote In Meeting Via Interactive Telephone & Video System, IAS_II-0471-001.
Hillsborough County Property Appraiser —
Homeowner’s Association Holding Fee Simple Title to Common Areas Assessed For the Same, IAS_II-0472-001.
Indian River Hospital District —
Applicability of Public Records Act & Sunshine Law to Lease of Public Hospital By Private Not-For-Profit Hospital, IAS_II-0473-001.
Jacksonville Electric Authority —
Public Records In Existence Prior to 1967 Enactment of §119 Subject to §119, IAS_II-0474-001.
Trade Secrets Are Not Exempt From §119 Absent An Express Exemption Provision, IAS_II-0475-001.
Member of State Legislature —
Applicability of Public Records Law (§119.16) and Sunshine Law (§286.011) to Governing Bd. Meeting of Public Hospital, IAS_II-0476-001.
Definition of §193.073 Return of Property Examined, IAS_II-0477-001.
Village of Palm Springs —
Authority to Impose Occupational License Tax On DPR-Licensed Professionals, IAS_II-0478-001.
Winter Haven Housing Authority —
Applicability of §421.08(7) to Employee Termination Hearing As An Exception to the Sunshine Law (§286.011), IAS_II-0479-001.