Prohibition On Competitive Bidding —
Competitive Bids Found Not to Be Inherently Misleading, IAS_I-0001-001.
Found Tantamount to Prohibition On Price Competition, IAS_I-0002-001.
Reversal of Affirmed As Violative of First Amendment to U.S. Constitution, IAS_I-0003-001.
Prohibition On In-Person Direct Solicitation —
Affirmed As Violative of First Amendment to U.S. Constitution, IAS_I-0004-001.
Comprehensive Plan — Local (See Also COMMUNITY AFFAIRS, Dept. of) —
Challenge to Limited to Amendments — Underlying Plan Cannot Also Be Assailed Ab Initio, IAS_I-0005-002.
Scrutinized Both Alone & In the Context of the Entire Plan, IAS_I-0006-001.
Subject to Scrutiny Regardless of Size, IAS_I-0007-001.
Broward County —
Dept. of Comm. Aff. & Intervenor Challenge to Amendment, IAS_I-0008-001.
City of St. Petersburg —
Intervenor Challenge to Amendment, IAS_I-0009-001.
Consistency With State Plan Discussed, IAS_I-0010-002.
Counties Are Required to Exercise Planning Authority For the Entire Unincorporated Area, IAS_I-0011-001.
Development Allowable Must Reflect Expected Future Growth, IAS_I-0012-001.
Hamilton County & Dept. of Comm. Aff. Stipulation — Intervenor Challenge, IAS_I-0013-001.
Internal Consistency Discussed, IAS_I-0014-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Amendment of Pleadings to Address Post-Petition Settlement Agreements, IAS_I-0015-001.
Burden of Proof Examined, IAS_I-0016-002.
Burden of Proof For Dept. of Community Affairs, IAS_I-0017-001.
Scope of Challenge In Face of Dept. of Community Affairs’ Settlement, IAS_I-0018-001.
Standing — Discussed, IAS_I-0019-001.
Standing — Nonprofit Citizen Assoc., IAS_I-0020-001.
Lee County —
Intervenor Challenge to Amendment, IAS_I-0021-001.
Not In Compliance Determination —
Limited to Assailed Plan Amendment, IAS_I-0022-002.
Nature of Explored, IAS_I-0023-001.
Remedial Amendments Ordered In Lieu of Sanctions, IAS_I-0024-001.
Partial Noncompliance of a Plan —
An Entirely New Plan Need Not Be Resubmitted, IAS_I-0025-001.
Partial Revisions Are Expressly Provided For By Statute, IAS_I-0026-001.
Res Judicata Effect of Partial Approval, IAS_I-0027-001.
Sanctions Not Imposed — Good Faith Effort to Address Issues Found, IAS_I-0028-001.
Presumption of Correctness, IAS_I-0029-001.
Requisite Data & Analysis In Support of, IAS_I-0030-001.
Santa Rosa County —
Dept. of Community Affairs Challenge, IAS_I-0031-001.
Sarasota County —
Intervenor Challenge, IAS_I-0032-001.
St. Lucie County —
Dept. of Comm. Aff. Challenge to Amendment, IAS_I-0033-001.
Urban Sprawl —
Plan Found to Fail to Discourage, IAS_I-0035-001.
Policy Disfavoring Discussed, IAS_I-0036-001.
Requisite Analysis Examined, IAS_I-0037-001.
Rules Regarding Found “Extraordinarily Complex & Unwieldly”, IAS_I-0038-001.
Wakulla County —
Circuit Court Declares Null & Void, IAS_I-0039-001.
Intervenor Challenge, IAS_I-0040-001.
Walton County —
Intervenor Challenge — Found Improperly Considered, IAS_I-0041-001.
Counties Are Not Required to Duplicate State or Federal Regulations, IAS_I-0042-001.
Scope of Dept. of Community Affairs Review, IAS_I-0043-001.
Power to Reduce HRS Legislative Appropriation to Meet Revenue Shortfall — None, IAS_I-0044-001.
§110.123 Authorization of State Group Insurance Plan to Competitively Contract For Prescription Drugs —
Constitutional Defect Found In An Appropriations Bill That Modified Substantive Law, IAS_I-0045-001.
Jurisdiction Over Alleged Abandonment of Career Service Position, IAS_I-0046-001.
Attorney’s Fees — §120.57; Equal Access to Justice Act (§57.111) (See PRACTICE & PROCEDURE)
Birth-Related Neurological Injury Compensation Plan —
1993 Statutory Amendment Transferring Jurisdiction to DOAH —
Found to Divest Judge of Claims Jurisdiction Subsequent to Hearing, IAS_I-0047-001.
Administrative Remedy — Exclusivity (See Also DOAH Has Exclusive Jurisdiction) — Certified Question to Fla. Supreme Court, IAS_I-0048-002.
Administrative Remedies Discussed In Detail, IAS_I-0049-001.
Administrator’s Narrow Construction of Pertinent Statute Assailed By Appellate Court, IAS_I-0050-001.
Analogous to Workers’ Compensation Claim System — Construed In Pari Materia, IAS_I-0051-002.
Apportionment of Award Between Parents Divorced Since the Injury Examined, IAS_I-0052-001.
Attorney’s Fees —
Awarded — Calculation of Amount, IAS_I-0053-002.
Awarded — Relatively “Simple No-Fault” Nature of This Proceeding Examined, IAS_I-0054-001.
Awards Are Available to Claimants Only – Not Hospitals, IAS_I-0055-001.
Attorney’s Fees — Motion For §55.03 Post-Judgment Award of Interest on Attorney’s Fees Denied, IAS_I-0056-001.
Availability of Relief Through Collateral Sources, IAS_I-0057-001.
Basis For Calculating Damages Examined, IAS_I-0058-002.
Birth-Related Injury (See Also Birth-Related Neurological Injury) —
AIDS Babies — Do Not Constitute, IAS_I-0059-001.
Catastrophic Defined & Discussed, IAS_I-0060-001.
Complications From Premature Birth Do Not Constitute, IAS_I-0061-001.
Defined & Discussed, IAS_I-0062-006.
Deformities Causes By Drug Abuse Do Not Constitute, IAS_I-0063-001.
Delivery Defined, IAS_I-0064-001.
Disparate Treatment of Injuries Found “Legitimate”, IAS_I-0065-001.
Found Involved — Certified Question to the Supreme Court, IAS_I-0066-001.
Found Involved, IAS_I-0067-003.
Found Lacking, IAS_I-0068-013.
Infant Found Ineligible Due to Birth Weight Less Than 2,500 Grams, IAS_I-0069-002.
Injury Found Congenital Therefore Not Birth-Related, IAS_I-0070-001.
Injury Found Not Permanent & Substantial, IAS_I-0071-002.
Injury Found Not to Constitute Substantial Physical Impairment, IAS_I-0072-002.
Injury Further Must Be “Neurological”, IAS_I-0073-001.
Injury Predating Onset of Labor Is Not “Birth-Related”, IAS_I-0074-001.
Judge of Compensation Claims Refusal to Transfer Case to DOAH Remedied, IAS_I-0075-001.
Labor Defined, IAS_I-0076-001.
Mental & Physical Impairment — Conjunctive Nature of This Requirement, IAS_I-0077-002.
Must Be Catastrophic In Order to Be Covered, IAS_I-0078-001.
Birth-Related Injury Found Not Involved, IAS_I-0079-003.
Birth-Related Neurological Injury (See Also Birth-Related Injury) —
Brain or Spinal Cord Injury Found, IAS_I-0080-001.
Brain or Spinal Cord Injury Found Not Involved, IAS_I-0081-012.
Defined & Discussed — Rebuttable Presumption of § 766.309(1) Discussed, IAS_I-0082-001.
Found Lacking, IAS_I-0083-004.
Permanent & Substantial Impairment Found Lacking, IAS_I-0084-001.
Permanent & Substantial Injury Defined & Discussed, IAS_I-0085-002.
Permanent Defined & Discussed, IAS_I-0086-001.
Post-Delivery Injuries Are Not Compensable, IAS_I-0087-001.
Presumptions Regarding Examined, IAS_I-0088-002.
Birth-Related Neurological Injury Defined & Discussed — Mental and/or Physical, IAS_I-0089-002.
Claimant Has the Burden of Proof, IAS_I-0090-025.
Common Law Damages Examined, IAS_I-0091-001.
Compensation — Claim Found to Be Non-Compensable, IAS_I-0092-002.
Compensation — Determination of Amount — Statutory Guidelines, IAS_I-0093-001.
DOAH Has Exclusive Jurisdiction —
Cannot Be Circumvented By Petitioner Alleging That the Injury Is Not Covered By the Plan, IAS_I-0094-004.
Certified Question to the Supreme Court Regarding, IAS_I-0095-002.
Circuit Court Abatement Pending DOAH Review, IAS_I-0096-001.
Circuit Court Suit Not Automatically Abated By Administrative Claim Under the Plan, IAS_I-0097-004.
DOAH Determination Is Not Prerequisite to Circuit Court Suit, IAS_I-0098-002.
DOAH Intrusion On Circuit Court Jurisdiction Carefully Surveyed, IAS_I-0099-001.
DOAH Jurisdiction — Jury Must Decide Factual Issue Requisite to Determination of Whether DOAH Jurisdiction Attaches, IAS_I-0100-001.
Exclusivity of This Administrative Remedy Noted, IAS_I-0101-001.
Failure of Physician to Give Notice of NICA Limitations On Liability (See Notification of NICA Limitation on Liability), IAS_I-0102-002.
Petitioner Utilizes As An Affirmative Defense to Circuit Court Action, IAS_I-0103-001.
Strictly Construed Because It Is In Derogation of Common Law, IAS_I-0104-003.
Failure of Dept. of Insurance Panel to Prepare §766.308(1) Report No Bar to Recovery, IAS_I-0105-001.
Failure of Physician to Give Notice of NICA Limitations On Liability (See Notification of NICA Limitation on Liability), IAS_I-0106-002.
Funding of the Plan Examined, IAS_I-0107-001.
Funds Are Imbued With the Public Trust, IAS_I-0108-001.
Language of Statute Found In Conflict With Stated Legislative Policy, IAS_I-0109-001.
Legal Representative Defined & Discussed, IAS_I-0110-001.
Mechanics of Plan Examined, IAS_I-0111-044.
Medically Necessary & Reasonable Defined & Discussed, IAS_I-0112-002.
Medically Necessary & Reasonable Services Defined, IAS_I-0113-001.
Natural Father — No Marriage — No Support — No Claim, IAS_I-0114-001.
Notification of NICA Limitation On Liability —
Condition Precedent to NICA Exclusivity, IAS_I-0115-001.
DOAH Hearing Officer Refuses to Rule On This Issue, IAS_I-0116-001.
Failure to Provide Creates Normal Circuit Court Civil Liability, IAS_I-0117-005.
Failure to Provide, IAS_I-0118-005.
Informed Patient Choice Is Mandatory, IAS_I-0119-001.
Medicaid Patients At Public Health Unit, IAS_I-0120-001.
Notice On Behalf of Hospital Does Not Satisfy the Physician’s Separate Obligation, IAS_I-0121-001.
Patient’s Alleged Inability to Make An “Effective Choice”, IAS_I-0122-001.
Purpose of Discussed, IAS_I-0123-001.
On Motion For Rehearing: Dr. Fred A. Turner, et al., IAS_I-0124-001.
On Motion For Rehearing: Dr. Fred A. Turner, et al., IAS_I-0125-001.
Petitioner Pursuing Parallel Circuit Court Suit —
Petition to Establish Injury As Ineligible Under the Plan Dismissed, IAS_I-0126-001.
Physician Choice to Opt In Or Out of Plan Discussed, IAS_I-0127-001.
Physician Found Not to Be a “Participating Physician”, IAS_I-0128-008.
Physician Found to Be a “Participating Physician”, IAS_I-0129-021.
Physician Or Health Care Provider Lacks Standing to Pursue Claim On Behalf of Infant, IAS_I-0130-001.
Physician Who Only Participated In a Post-Delivery Resuscitation Found to Be a Participating Physician, IAS_I-0131-001.
Purpose of Plan Examined, IAS_I-0132-053.
Purpose of the Plan Exhaustively Explained, IAS_I-0133-001.
Quote From a Court: “Unfortunately, NICA Is Not Without Defects”, IAS_I-0134-001.
Relatively “Simple No-Fault” Nature of This Proceeding Examined, IAS_I-0135-001.
Settlement Approved — DOAH Reserves Jurisdiction, IAS_I-0136-001.
Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IAS_I-0137-003.
Substantial Defined & Discussed, IAS_I-0138-001.
Tolling of Medical Malpractice Statute of Limitations — Administrative Petition Under the Plan — Effect On, IAS_I-0139-001.
Worker’s Compensation — Parallels — Statutory Substitute For Common Law, IAS_I-0140-001.
Workers’ Compensation — Caselaw Thereunder Found Analogous, IAS_I-0141-001.
Budgeting of Agency Operating Expenses For DOAH Hearings —
Hourly As Opposed to Lump-Sum Budgeting Appropriation For School Boards Upheld, IAS_I-0142-001.
Public Entity Crime — Fla. Convicted Vendor List (See Also CONTRACTS (Bids/Protests); MANAGEMENT SERVICES, Dept. of) —
Convicted Persons Found Not Actively Involved In Management, IAS_I-0143-001.
Criminal Plea, IAS_I-0144-001.
Dept. of Management Services Has the Ultimate Burden of Proof, IAS_I-0145-001.
Exclusion From List Granted, IAS_I-0146-001.
Inclusion On List Cancelled By Stipulation, IAS_I-0147-001.
Inclusion On List Denied Due to Insufficient Proof, IAS_I-0148-004.
Report of Public Hearing —
Banking & Finance —
Application For Authority to Organize a Proposed New Trust Company, IAS_I-0149-001.
Land & Water Adjudicatory Comm. —
Rule to Establish Central Viera Community Development Dist., IAS_I-0150-001.
Vested Rights Determination Against the Provisions of the 2010 Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of) —
Equitable Vesting Is Equivalent to Equitable Estoppel, IAS_I-0151-001.
Not All Costs Need Be Exclusively Attributed to Each and Every Part of the Overall Project, IAS_I-0152-001.
Residential Subdivision — Clay County, IAS_I-0153-002.
Statutory Vis Common Law Vesting, IAS_I-0154-001.
There Is No Reasonable Time to Develop Rule For Large Projects, IAS_I-0155-001.
Violation of Job Search Regulations — Labor & Employment Security —
Bogus Job Search, IAS_I-0156-001.
Federal Caselaw Is Pertinent, IAS_I-0157-001.
§672.201 & §672.209 —
Applicability of Found Not Raised Below Therefore Not Subject to Appellate Review, IAS_I-0158-001.
Contract (See Also CONTRACTS) —
Failure to Pay —
Pesticide – Sensitive Designation —
Statutory Framework Governing Examined, IAS_I-0160-001.
§212.055(2) Infrastructure Surtax —
Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-0161-001.
Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-0162-001.
Alcoholic Beverage Surtax —
Package Store — Assessment Dismissed, IAS_I-0163-001.
Excise Tax Exemption Struck Down —
Alcohol Produced From Locally Grown Products, IAS_I-0164-001.
Remedy Fashioned Which Is Prospective In Nature, IAS_I-0165-001.
Notice to Show Cause —
Criminal Conviction — Federal Tax Violations, IAS_I-0166-001.
Criminal Conviction — Felony — Absence of Corresponding Florida Felony Statute, IAS_I-0167-001.
Failure of Licensee to Appear — Revocation Reversed, IAS_I-0168-001.
Lewd & Lascivious Behavior Defined & Discussed, IAS_I-0169-001.
Lewd & Lascivious Behavior On Licensed Premises — § 561.29(1)(a) Found Constitutional, IAS_I-0170-001.
Lewd & Lascivious Behavior On Licensed Premises, IAS_I-0171-001.
Obstruction of Investigation By Law Enforcement Officers, IAS_I-0172-001.
Sale of Alcoholic Beverages Outside of Allowable Hours, IAS_I-0173-001.
Vicarious Liability of Licensee For Misconduct of Employees Examined, IAS_I-0174-001.
Strict Regulation of —
Authority to Sell Alcohol Is a Privilege Not a Right, IAS_I-0175-001.
Purpose of Examined, IAS_I-0176-001.
State Has Absolute Power to Totally Prohibit Sale of Alcohol, IAS_I-0177-001.
Adversely Affected Party —
Prerequisite For Review —
Four (4) Part Test Examined & Found Not Satisfied, IAS_I-0178-001.
Advisory Opinion —
Court Finds No Authority For, IAS_I-0179-001.
Court Generally Avoids As Improper, IAS_I-0180-001.
Marine Net Ban Constitutional Initiative Found Valid, IAS_I-0181-001.
Supreme Court Grants Governor’s Request For, IAS_I-0182-001.
Tax Limitation Initiative Found Valid, IAS_I-0183-001.
Agency Jurisdiction Divested Pending Appellate Review, IAS_I-0184-003.
Appellate Court —
Amendment of Rules of Appellate Procedure to Reflect Amendments to §120, IAS_I-0185-001.
Cannot Second Guess Funding Choices of the Legislature, IAS_I-0186-001.
Cannot Second Guess Policy Choices of State Agencies Overseen By the Legislature, IAS_I-0187-001.
Cannot Second Guess Wisdom of the Legislature, IAS_I-0188-001.
Decides to Meet En Banc On Its Own Motion, IAS_I-0189-001.
Effective Date of Decision Discussed, IAS_I-0190-001.
Mandate — Agency Compliance With Is A Mandatory Yet Ministerial Act, IAS_I-0191-001.
Matters Not Properly Raised Cannot Be Heard At Oral Argument, IAS_I-0192-001.
Attorney’s Fees (See PRACTICE & PROCEDURE)
Certiorari (See Also Circuit Court) —
Appropriate For Review of Interlocutory Order Denying Motion For Jury Trial, IAS_I-0193-001.
Cannot Be Utilized to Obtain a Second Appeal, IAS_I-0194-002.
Limited Scope of Review, IAS_I-0195-001.
Motion to Dismiss Granted With Leave to Amend, IAS_I-0196-001.
Petition For Appellate Review Treated As Petition For, IAS_I-0197-001.
Questions Regarding Immunity or Jurisdiction, IAS_I-0198-001.
Review of Circuit Court Certiorari Appeal Discussed, IAS_I-0199-005.
Review of Circuit Court Grant of Motion to Dismiss Without Prejudice, IAS_I-0200-002.
Review of Circuit Court Review Is By Certiorari, IAS_I-0201-003.
When Appropriate, IAS_I-0202-001.
Circuit Court —
Attorney’s Fees & Costs — Sua Sponte Consideration of Motion For Found Appropriate, IAS_I-0203-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE)
Bond Required By Statute — Tax Assessment Challenges —
Court Found to Have Discretion to Waive, IAS_I-0204-001.
Certiorari (See Also Certiorari) —
Although Original In Form This Proceeding Is Appellate In Nature When An Inferior Tribunal’s Order Is Involved, IAS_I-0205-001.
Appellate Certiorari Review of, IAS_I-0206-001.
Appellate Review By District Courts of Appeal, IAS_I-0207-002.
Appellate Review of Denial of, IAS_I-0208-003.
Appellate Review of, IAS_I-0209-001.
Erroneous Refusal to Exercise Jurisdiction, IAS_I-0210-001.
Limited Scope of Review Examined, IAS_I-0211-001.
Orders Either Quashed or Affirmed – Not Modified, IAS_I-0212-001.
Parameters of Examined, IAS_I-0213-005.
Applicability of §119 Public Records Act, IAS_I-0214-001.
Immunity From Legislative Oversight Examined, IAS_I-0215-001.
Status As Autonomous Elected County Officer Within the Judicial Branch of Government, IAS_I-0216-001.
Declaratory Judgment (See Also Declaratory Judgment) —
Existence of Other Adequate Remedy Does Not Preclude, IAS_I-0217-001.
Necessity of Joinder of All Interested Governmental Parties For Issue of Statewide Importance, IAS_I-0218-001.
Prison Inmate Rule Challenge, IAS_I-0219-001.
Purpose of Examined, IAS_I-0220-002.
Standards Governing Examined, IAS_I-0221-002.
Statute Regarding to Be Liberally Construed, IAS_I-0222-001.
Dismissal of Appeal As Untimely Reversed, IAS_I-0223-001.
Election of Remedies — Bar to Parallel Administrative Proceeding, IAS_I-0224-002.
Exhaustion of Administrative Remedies — (See Also Exhaustion of Administrative Remedies) —
Failed Bank — Resolution Trust Corp. (RTC) — Federal APA, IAS_I-0226-001.
Extraordinary Remedies (See Mandamus, Prohibition)
Failure of Business to Register to Do Business In Fla. —
Bar to Participating In State Court Suits Inapplicable to Administrative Proceedings, IAS_I-0227-001.
Grant of Motion to Dismiss With Leave to Amend Ordinarily Not Reviewable By Certiorari, IAS_I-0228-002.
Against Agency — Dissolved For Failure to Exhaust Administrative Remedies, IAS_I-0229-001.
Against Agency’s Administrative Proceeding — Reversed, IAS_I-0230-001.
Against Agency’s Award of Competitive Contract — Reversed, IAS_I-0231-001.
Dismissal of Complaint For Reversed, IAS_I-0232-001.
Four (4) Part Test For Entitlement to, IAS_I-0233-001.
Permanent — Reversed, IAS_I-0234-001.
Standard Governing Grant of In Case Involving Agency Failure to Fulfill Statutory Mandate, IAS_I-0235-001.
Temporary — Adequate Remedy At Law Discussed, IAS_I-0236-001.
Temporary — Four (4) Part Test For, IAS_I-0237-001.
Temporary — Grant of Reversed, IAS_I-0238-001.
Temporary — Irreparable Harm — Loss of Business Does Not Constitute, IAS_I-0239-001.
Temporary — Petitioner’s Burden of Proof Subsequent to Grant of, IAS_I-0240-001.
Temporary — Purpose & Effect of, IAS_I-0241-001.
Temporary — Reversed, IAS_I-0242-002.
Temporary — When Appropriate Examined, IAS_I-0243-001.
Issues Tried By Consent Are Treated As Properly Plead, IAS_I-0244-001.
Judgments Cannot Be Collaterally Attacked In a §120.57 Administrative Proceeding, IAS_I-0245-001.
Judgments Presumed Valid, IAS_I-0246-001.
Limited Only By Constitution or Statute, IAS_I-0247-001.
Plenary Nature of, IAS_I-0248-001.
Jury Trial — Improper Hearsay Testimony — Mistrial, IAS_I-0249-001.
Motion to Strike a Complaint Found Improperly Granted, IAS_I-0250-001.
Nonfinal Order (See Also Nonfinal Order) —
Appellate Review Found Proper, IAS_I-0251-002.
Dismissal For Failure to Exhaust Administrative Remedies, IAS_I-0252-001.
Parallel Administrative Proceeding Stayed While Suit Was Pending, IAS_I-0254-001.
Primary Jurisdiction —
Doctrine of Exhaustively Explored, IAS_I-0255-001.
Summary Judgment —
Continuance Denied Where Outstanding Discovery Items Were Deemed Immaterial, IAS_I-0256-001.
Improper If There Are Disputed Issues of Fact, IAS_I-0257-001.
Improper If There Are Disputed Issues of Material Fact, IAS_I-0258-002.
Taxation (See Also TAXATION) —
§551 Pari-Mutuel Wagering Tax — Exclusive Circuit Court Jurisdiction, IAS_I-0259-001.
Venue (See Also Venue) —
Civil Action Brought Against State — Lies Where Agency Maintains Principal Headquarters, IAS_I-0260-002.
Correct Venue Is An “Absolute Privilege”, IAS_I-0261-001.
Sword-Wielder Doctrine Discussed & Found Inapplicable, IAS_I-0262-002.
Confession of Error —
Accepted — Motion to Relinquish Jurisdiction Construed As, IAS_I-0263-001.
Agency Motion For Remand to DOAH Treated As, IAS_I-0265-001.
Constitutional Challenges (See Also CONSTITUTION (Fla.) (U.S.)) —
Can Be Considered De Novo In Appeal From Administrative Proceeding, IAS_I-0266-001.
Class Action Proper Vehicle For, IAS_I-0267-001.
Sovereign Immunity Does Not Insulate a State From Such Challenges, IAS_I-0268-001.
Will Not Be Reached If Unnecessary to Disposition of a Case, IAS_I-0269-002.
Declaratory Judgment (See Also Circuit Court) —
Bona Fide Actual Present & Practical Need For Is Necessary, IAS_I-0270-001.
Purpose of Examined, IAS_I-0271-001.
Emergency Administrative Orders (See Also PRACTICE & PROCEDURE, Emergency) —
Scope of Review Examined, IAS_I-0272-002.
Exclusivity of the Administrative Remedy —
Found to Encourage More Uniform Standards, IAS_I-0273-001.
Exhaustion of Administrative Remedies (See Also Circuit Court) —
A Matter of Judicial Policy Not Power or Jurisdiction, IAS_I-0274-001.
Agency Cannot Transfer Its Primary Jurisdiction to a Circuit Court, IAS_I-0275-001.
Agency Transfer of Previously Dismissed Petition to DOAH While Appellate Review Was Pending, IAS_I-0276-001.
Constitutional Challenge to Facial Validity of Rule & Statute, IAS_I-0277-001.
Deference to Administrative Process — Circuit Court Injunction Vacated — Bid Protest, IAS_I-0278-001.
Deference to Administrative Process, IAS_I-0279-001.
Exception For Challenges to Agency Jurisdiction Examined & Found Not Satisfied, IAS_I-0280-002.
Failure to Oppose Stay of Parallel Administrative Proceedings Does Not Waive This Issue, IAS_I-0282-001.
Not Required If the Administrative Remedy Is Inadequate or Unavailable, IAS_I-0283-001.
Requiring Initial Administrative Proceeding Is Not a Denial of Access to Courts, IAS_I-0284-001.
Exhaustion of Administrative Remedies, IAS_I-0285-001.
Extraordinary Remedies (See Also Mandamus, Prohibition; CORRECTIONS) —
Availability of Explored, IAS_I-0286-001.
Equitable Principles Govern, IAS_I-0287-001.
Fact Findings (See Also Scope of Review; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Absence of Requisite Fact Findings Below Found to Compel Remand, IAS_I-0288-001.
Agency Special Expertise — Requisite Deference, IAS_I-0289-001.
Cannot Be Disturbed If Supported By “Some” Competent, Substantial Evidence, IAS_I-0290-006.
Court Cannot Reweigh the Evidence, IAS_I-0291-004.
Court Rejects After Review, IAS_I-0292-001.
Court Will Not Substitute Its Judgment, IAS_I-0293-001.
Disputed Facts — Courts Can & Will Reverse Denial of Hearing On, IAS_I-0294-001.
Failure to File Exceptions Below Precludes Appellate Review, IAS_I-0295-001.
Failure to File Exceptions to Before DOAH Precludes Appellate Review, IAS_I-0296-001.
Found Inadequate, IAS_I-0297-001.
Found Insufficient For Appellate Review, IAS_I-0298-002.
Fast Track Appeal, IAS_I-0299-001.
Jurisdiction (See Also DISCIPLINE; PRACTICE & PROCEDURE) —
Issue Regarding Cannot Be Waived or Ignored, IAS_I-0300-001.
Mandamus (See Also Extraordinary Remedies; Prohibition; CORRECTIONS) —
Denied On Basis of Adequate Remedies Under §120.68(1), IAS_I-0301-001.
Equitable Principles Govern, IAS_I-0303-001.
Failure of An Agency to Expeditiously Pursue An Administrative Complaint, IAS_I-0304-001.
Improper If Continued Judicial Supervision Is Required, IAS_I-0305-001.
Improper If For Prevention of Future Harm, IAS_I-0306-001.
Improper When Material Issues of Fact Exist, IAS_I-0307-001.
Issuance of Modified, IAS_I-0308-001.
Issuance of Reversed, IAS_I-0309-002.
Issued to Compel DOAH to Accept Remand, IAS_I-0310-001.
Petition For Writ of Prohibition Treated As, IAS_I-0311-001.
Requisite Showing For Relief, IAS_I-0312-002.
Supreme Court Original Jurisdiction — When Appropriate, IAS_I-0313-001.
When Appropriate — Mechanics of Examined, IAS_I-0314-003.
Appellate Review Is Not Available, IAS_I-0315-001.
Court Finds Issue Not Moot Over Contrary Circuit Court Holding —
Constitutionality of §163 — Growth Management Act, IAS_I-0316-001.
Court Overlooks Finding “This Matter Is One Capable of Repetition”, IAS_I-0317-001.
Nonfinal Order (See Also Circuit Court) —
Agency Modification of During Appeal Precludes Review, IAS_I-0318-001.
Appellate Review Found Not Proper —
Denial of Motion of Dismiss, IAS_I-0319-001.
Appellate Review Found Not Proper, IAS_I-0320-004.
Appellate Review Found Proper —
Accorded On Emergency Basis, IAS_I-0321-001.
Appellate Review Found Proper, IAS_I-0322-004.
Availability of Appellate Review, IAS_I-0323-001.
Denial of Agency Motion to Abate Due to Improper Venue, IAS_I-0324-001.
Emergency Suspension of Permit — Review Found Not Proper Until Emergency Hearing Is Held, IAS_I-0325-001.
Finality Is An All Facts & Circumstances Test —
Title of the Order Is Not Dispositive, IAS_I-0326-001.
Inadequacy of Record Found to Limit Review, IAS_I-0327-001.
Lack of An Otherwise Adequate Remedy Discussed, IAS_I-0328-001.
Leaves No Issues Remaining For Further Determination, IAS_I-0329-001.
Pertinent Statutes & Rules Governing Examined, IAS_I-0330-001.
Notice of Appeal —
Alleged Failure to Receive Final Order Rejected, IAS_I-0332-001.
Filing of Divests Agency Jurisdiction, IAS_I-0333-001.
Premature — Implications of, IAS_I-0334-001.
Time Limit For Filing Not Commenced By Defective Final Order, IAS_I-0335-001.
Treated As Petition For Certiorari, IAS_I-0336-001.
Notice of Right to —
Agency’s Final Order Found to Lack Requisite Notice Thus Void As Such, IAS_I-0337-001.
Penalty (See Also DISCIPLINE; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Review of Agency Rejection of Recommendation, IAS_I-0338-001.
Reconsideration of Ordered After One of Two Violations Reversed On Appeal, IAS_I-0339-001.
Scope of Review Is Limited, IAS_I-0340-001.
Pending Appeals Quashed By Statutory Abolition of §120 Rights —
Prison Inmate Rule Challenges, IAS_I-0341-001.
Per Curiam Opinion —
No Precedential Value, IAS_I-0342-001.
Preservation of Error For Appeal —
Issues Not Proved Up Below Cannot Be Reached, IAS_I-0343-001.
Issues Not Raised & Ruled On Below Cannot Be Reached, IAS_I-0344-005.
Issues Waived Below Cannot Be Reached, IAS_I-0345-004.
Pro Se Appellants —
Leeway Accorded On Defects In Pleadings, IAS_I-0346-001.
Prohibition (Writ of) (See Also Extraordinary Remedies, Mandamus) —
Cannot Be Used to Stay Valid Criminal Prosecution, IAS_I-0347-001.
Petition For Is An Original Proceeding, IAS_I-0350-001.
Petition For Treated As One For Writ of Mandamus, IAS_I-0351-001.
Standards Governing Grant of Examined, IAS_I-0352-001.
Agency Cannot Change Its Position On Appeal to Justify Actions Below, IAS_I-0353-001.
Appellate Court Cannot Review Matters Outside of, IAS_I-0354-002.
Cannot Be Supplemented In Appendix to Reply Brief, IAS_I-0355-001.
Failure to Provide Transcript of Proceeding Below Precludes Review, IAS_I-0356-001.
Importance of Adequate Record Discussed, IAS_I-0357-001.
Courts “Have An Obligation” to Provide “Whatever Relief Is Appropriate”, IAS_I-0358-001.
Rules (See Also RULES & RULEMAKING, Appellate Review) —
Direct Appeal —
1992 Statutory Prohibition On Upheld, IAS_I-0359-001.
Rules of Appellate Procedure —
Apparently Mandatory Statutory Language Found Not to Supersede, IAS_I-0360-001.
Scope of Review (See Also Fact Findings) —
Final Conclusion Or Judgment Reviewed Not Reasons Therefor, IAS_I-0361-001.
Matters Outside of Notice of Appeal Cannot Be Reached, IAS_I-0362-001.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Standing to Intervene In Administrative Proceeding Distinguished From Standing to Seek Appellate Review, IAS_I-0363-001.
Stare Decisis (See Also PRACTICE & PROCEDURE) —
Importance of In Appellate Review Examined, IAS_I-0364-001.
Statutes (See Also STATUTES) —
Agency Construction Need Merely Be Within Permissible Range, IAS_I-0365-001.
Agency Construction Will Not Be Overturned Unless Clearly Erroneous, IAS_I-0366-002.
Amendment — Substituted Opinion Entered Finding Amendment to Be Retroactive, IAS_I-0367-001.
Law At Time of Appellate Court Review, IAS_I-0368-001.
Available Constitutional Interpretation Is Obligatory, IAS_I-0369-002.
Court Deference to Agency Construction Is Diminished When Penal Provisions Are Construed, IAS_I-0370-001.
Courts Cannot Supplant Vague or Inadequate Statutory Directives, IAS_I-0371-001.
Courts Merely Interpret and Cannot Legislate, IAS_I-0372-001.
Judicial Finding That Newly Amended Statute Is Unconstitutional Revives the Predecessor Statute, IAS_I-0373-001.
Standard Governing Appellate Review, IAS_I-0374-001.
Agency Discretion to Grant Pending Appeal Examined, IAS_I-0375-001.
Automatic — Agency — Bond Requirements, IAS_I-0376-001.
Bonds & Other Conditions Discussed, IAS_I-0377-002.
Effect of Examined, IAS_I-0379-001.
Emergency Suspension of License, IAS_I-0380-001.
Granted — Bid Protest, IAS_I-0381-001.
Parallel Administrative Proceeding Stayed Pending Resolution of Circuit Court Suit, IAS_I-0383-001.
Penalty Imposed Below Takes Effect On the Date of Appellate Mandate Affirming Same, IAS_I-0384-001.
Presumption Utilized In Considering Motion For, IAS_I-0385-001.
Revision of, IAS_I-0386-001.
Should Be First Sought From Agency Before Appellate Motion For, IAS_I-0387-001.
Should Be Sought At Time Appellate Proceedings Commence, IAS_I-0388-001.
Substituted Opinion —
Newly Amended Statute Found to Apply Retroactively So As to Void Previous Opinion, IAS_I-0389-001.
Supreme Court —
Certified Question Jurisdiction —
Court Rephrases the Question Before Answering, IAS_I-0390-001.
Declined With Stipulation of Parties — Gessler, IAS_I-0391-001.
Conflict Jurisdiction —
Found Improvidently Granted, IAS_I-0392-001.
Taxation (See TAXATION)
Venue (See Also Circuit Court) —
Civil Suit Against State Agency —
Location of Principal Headquarters, IAS_I-0393-001.
Sword-Wielder Exception Discussed & Found to Be Inapplicable, IAS_I-0394-001.
Court Transfers Case On Its Own Motion, IAS_I-0395-002.
Party Filing Suit In Improper Venue Must Pay the Transfer Fee, IAS_I-0396-001.
Specific Proviso Found to Prevail Over Conflicting General Proviso of §120.68(2), IAS_I-0397-001.
Educational Requirements Found Lacking — Affirmed, IAS_I-0398-001.
Requisite Internship Discussed, IAS_I-0399-001.
Licensure — Interior Designer —
Application — By Endorsement —
Default Licensure Found Appropriate, IAS_I-0400-001.
Interior Design Committee Cannot Act On An Application, IAS_I-0401-001.
Apalachicola Bay’s Designation As Examined, IAS_I-0402-001.
Balancing of Private Property Rights & Public Interest Discussed, IAS_I-0403-001.
Big Pine Key —
Construction of Fences —
Ban On Declared Constitutional — Supreme Court, IAS_I-0404-001.
Ban On Declared Unconstitutional, IAS_I-0405-001.
Impact On Key Deer Examined, IAS_I-0406-002.
Local & Statutory Designations As Examined, IAS_I-0407-001.
Necessity For Both Local & State Approval, IAS_I-0408-001.
Purpose of This Program Examined, IAS_I-0409-003.
Tension Between Private Property Rights & Environmental Protection Examined, IAS_I-0410-001.
Alachua County School Bd. Attorney —
Question As to Validity of Terminal Pay For Both Union & Nonunion Employees, IAS_I-0411-001.
Attorney General Has No Authority to Interpret Federal Law, IAS_I-0412-001.
Attorney General Must Presume Validity of Duly Enacted Statutes, IAS_I-0413-001.
Attorney General Will Not Reach Factual Issues, IAS_I-0414-001.
Brevard County Supervisor of Elections —
Right of Public to Inspect Ballots, IAS_I-0415-001.
Broward County Sheriff —
Public Records — Status of Deputy’s Event Report Involving Mental Health Act, IAS_I-0416-001.
Cape Coral City Attorney —
Public Records — Status of Policy Report Involving Criminal Child Abuse, IAS_I-0417-001.
Question As to Whether Written Notice of Investigation of a Law Enforcement Officer Is a Public Record, IAS_I-0418-001.
Central Broward Drainage Dist. —
Limitation On Reimbursement of Commissioner Travel Expenses, IAS_I-0419-001.
City of Cape Canaveral —
Authority of Code Enforcement Board to Enforce Tree Ordinance, IAS_I-0420-001.
City of Miami Beach —
Authority of Member of Museum Bd. of Trustees to Participate In Meetings By Telephone, IAS_I-0421-001.
City of Port St. Lucie —
Applicability of Sunshine Law to Meeting Between Mayor & Mayor-Elect Not In Office, IAS_I-0422-001.
Public Records Attorney Work Product Exemption Found to Survive Transfer of Litigation to County Attorney, IAS_I-0423-001.
Collier County —
Authority of County to Enact An Ordinance Regulating Mullet Fishing Vessels, IAS_I-0424-001.
Commerce (Dept. of) —
Applicability of Sunshine Law/Competitive Bidding Law & Public Records Act to Bd. of Directors of Enterprise Florida Inc., IAS_I-0425-001.
Authority to Approve Inter-Municipal Transportation Project In Event of Local Dispute, IAS_I-0426-001.
Commission For Management of Low Level Radioactive Waste —
Chairman Found to Hold “State Office” —
Constitution Prohibition Against Dual Office Holding Found to Preclude Additional Position, IAS_I-0427-001.
Primary Duties & Responsibilities of Examined, IAS_I-0428-001.
Community Health Purchasing Alliance Bd. of Directors —
Authority to Create Advisory Committees Examined, IAS_I-0429-001.
Status of $10.00 Gift Certificate Purchased After 5/15/89 As §717 Unclaimed Property, IAS_I-0430-001.
Construction Industry Lic. Bd. —
Statutory Restrictions On Local Licensing of Persons Working Under Certified or Registered Contractors, IAS_I-0431-001.
DEP (Dept. of Environmental Protection) —
No Need For Further Legislative Approval of the Restoration of the Oklawaha River Found, IAS_I-0432-001.
Dade County School Bd. —
Question As to the Authority of the Bd. to Expand Special School Security Officer’s Powers of Arrest to Incidents Off School Grounds, IAS_I-0433-001.
Dania City Attorney —
Authority to Impose Head Tax At Jai Alai Fronton — State Preemption, IAS_I-0434-001.
Criminal Record Expungement —
Duty of Applicant For Teaching Certificate to Disclose History, IAS_I-0435-001.
Duty of Education Practices Comm. (EPC) to Keep Confidential, IAS_I-0436-001.
Environmental Protection, Dept. of (DEP) (See Also Internal Improvement Trust Fund) —
Engineers — Requirement For Employees of U.S. Corps of Engineers To Hold Fla. License In Order to Secure DEP Permits, IAS_I-0437-001.
HRS (Health & Rehabilitative Services, Dept. of) General Counsel —
Authority to Pay Personal Attorney’s Fees For Employee Testifying Before a Grand Jury, IAS_I-0438-001.
Authorization of HRS to Release Various Confidential Records to Health & Human Services Boards, IAS_I-0439-001.
District Case Review Committees —
Discussion of Confidential Information Provides No Exemption From Sunshine Law, IAS_I-0440-001.
Health & Human Services Bd. Member —
An Officer of the State For Purposes of Sovereign Immunity, IAS_I-0441-001.
Question As to Whether An Employee Can Waive Their Rights Regarding Confidentiality Under the “Whistle-Blower’s” Act, IAS_I-0442-001.
Question As to the Legal Authority of HRS to Enter Into a Hold Harmless Agreement, IAS_I-0443-001.
Health Care Administration, Agency For (AHCA) General Counsel —
Licensed Nurse Found Authorized to Directly Contract With a Patient, IAS_I-0444-001.
Question As to the Meaning of “Identifying Information” As That Term Is Used In §641.515(2), IAS_I-0445-001.
Healthy Families Corporation Attorney —
Question As to the Applicability of the Sunshine Law to a §395.0193 Quality Assurance Program Related to a School-Based Health Insurance Program, IAS_I-0446-001.
Highway Safety & Motor Vehicles (HSMV) — Executive Director —
Commissions From Coin Telephones Can Be Paid Into Employee Benefit Fund, IAS_I-0447-001.
Question As to Authority to Release An Impounded Vehicle Without a Court Order, IAS_I-0448-001.
Hillsborough County Civil Service Board Director —
Obligation to Hold Position Open For Those On Active U.S. Military Duty, IAS_I-0449-001.
Human Rights Advocacy Committee —
Authority to Release Redacted Copies of Abuse Complaints, IAS_I-0450-001.
Insurance Commissioner —
Applicability of Sunshine & Public Records Law to Fla. Windstorm Underwriting Assoc., IAS_I-0451-001.
Joint Underwriting Assoc. (JUA) —
Business Records Found Not Exempt From Public Records Act As Trade Secrets, IAS_I-0452-001.
Internal Improvement Trust Fund —
Authority of Bd. to Waive §259.041 Procedures When Acquiring State-Owned Lands For Preservation, Conservation & Recreation, IAS_I-0453-001.
Juvenile Justice —
Service Providers — Indemnity Clauses Found Mandatory For Private But Not Public Providers, IAS_I-0454-001.
Lafayette County Commissioners —
Responsibility of County For Hospital Bill For Involuntary Baker Act Commitment, IAS_I-0455-001.
Lake County Commissioners —
Authority to Use Tourist Development Taxes to Buy Land For State Museum, IAS_I-0456-001.
Lee County Property Appraiser —
Question As to Effective Date & Mechanics of Const. Amendment Restricting Homestead Valuation, IAS_I-0457-001.
Legislative Committee On Governmental Operations —
Applicability of Public Records Law to §163.356 Community Redevelopment Agency, IAS_I-0458-001.
Local State Attorney —
Question As to Whether Driver History Records of DHMV Are Public Records, IAS_I-0459-001.
Medical Examiner —
Question As to Whether the Death of a Patient Who Dies At Home Under the Care of a Home Health Agency Is An “Unattended Death” Subject to §406.11 & .12 Reporting Requirements, IAS_I-0460-001.
Member of the State Legislature —
Authority of Local Law Enforcement Officers to Enforce Fla. Clean Indoor Air Act, IAS_I-0461-001.
Power of Charter County to Adopt Ordinance Proscribing Discrimination On Basis of Sexual Orientation, IAS_I-0462-001.
Question As to Statutory Prohibition On Internet or Cruise Ship Gambling, IAS_I-0463-001.
Ocean Highway & Port Authority —
Competitive Bidding of Independent Legal Services Found Not Required, IAS_I-0464-001.
Found to Constitute a “Special District” As Opposed to An “Agency” of State Government, IAS_I-0465-001.
Orange County City Attorney —
Authority of Public Official to Retain Public Records At Home, IAS_I-0466-001.
Osceola County Tax Collector —
Authority to Impose Occupational License Tax On DPR-Licensed Professionals, IAS_I-0467-001.
Palm Beach County Auditor —
Question As to the Authority of Palm Beach County to Enter Into An Interlocal Agreement Regarding the Transfer of Health Care Facilities Without a Voter Referendum, IAS_I-0468-001.
Palm Beach County School Bd. —
Authority of Bd. to Waive Policy Regarding Timelimits For Appointment of Staff Other Than Principals & Supervisors, IAS_I-0469-001.
Pasco County Attorney —
Public Records — Status of Tape Recording of 911 Emergency Call, IAS_I-0470-001.
Plantation Acres Improvement Dist. — Bd. of Supervisors — Sunshine Law — Special Districts Not Exempt, IAS_I-0471-001.
Public Counsel —
No Exemption From Whistle-Blower’s Act Despite Report to Inspector General, IAS_I-0472-001.
Putnam County School Bd. —
Question As to the Applicability of the Public Records Act to Principal Evaluations Filled Out By Members of a Teacher’s Union, IAS_I-0473-001.
Representation of DPR (Professional Regulation, Dept. of) Bd. In Civil Suit With Private Party —
Authority to Negotiate Settlement —
Certified Question to Supreme Court, IAS_I-0474-001.
Revenue, Dept. of (DOR) —
Authority & Duty of the Dept. to Adjust Distributions of Trust Funds to Local Governments Pursuant to §200.132 & 218, IAS_I-0475-001.
South Daytona City Attorney —
Exemption From Municipal Tax On Electricity For Church Day Care Center, IAS_I-0476-001.
South Florida Water Management Dist. Executive Director —
Authorization to Pay Lump Sum Bonuses to Employees, IAS_I-0477-001.
St. Johns County Attorney —
Applicability of the 1995 Private Property Rights Protection Act to Property Adjacent to Regulated Property Discussed, IAS_I-0478-001.
St. Lucie County Attorney —
Question As to Applicability of §119 Copying Fees to Copyrighted Private Materials In Public Law Library, IAS_I-0479-001.
Status of Non-Ad Valorem Assessment Collected In Installments As a “Lien of Record”, IAS_I-0480-001.
Standing To Intervene In Class Action Attorney’s Fees Case — Tax Challenge, IAS_I-0481-001.
State Attorney —
Authority of Non-Profit Corporation to Conduct Weekly Raffle to Benefit Local School District, IAS_I-0482-001.
State, Dept. of — General Counsel —
Release of Confidential Records By a Public Library Pursuant to Subpoena Duces Tecum, IAS_I-0483-001.
Taylor County School Board —
Exemption of Student Expulsion Hearings From Sunshine Law, IAS_I-0484-001.
Bidding By Seller Or Owner —
Widely Disapproved of But Not Expressly Proscribed By Statute Or Rule, IAS_I-0485-001.