Bd. of Funeral & Cemetery Services —
Cemetery — Licensure —
Extension of Time to Complete Work Due to Intervenor Appeal, IAS_I-0486-001.
Final Order Revising & Exhaustively Exploring Stays Pending Appeal By Intervenor, IAS_I-0487-001.
Bureau of State Payrolls —
Erroneous Overtime Payment to State Employee Ordered Recouped, IAS_I-0488-001.
Refusal to Pay Governor’s Counsel Hired As An Independent Contractor Reversed, IAS_I-0489-001.
Corrected Opinion —
Bay Bank & Trust Co. et al. v. Lewis (Original Opinion Published at 16 FALR 1001), IAS_I-0490-001.
Div. of Accounting —
Lottery Prize —
Ownership of Ticket Discussed, IAS_I-0491-001.
Withheld to Satisfy Default On Student Loan, IAS_I-0492-002.
Withheld to Satisfy HRS (Health & Rehabilitative Services, Dept. of) Child Support & Foster Support Claims, IAS_I-0493-001.
Withheld to Satisfy HRS Child Support Claim, IAS_I-0494-002.
Withheld to Satisfy Overpayment of HRS AFDC & Food Stamp Benefits, IAS_I-0495-001.
Withheld to Satisfy Overpayment of HRS AFDC Benefits, IAS_I-0496-002.
Withheld to Satisfy Overpayment of HRS Food Stamp Benefits, IAS_I-0497-002.
Div. of Banking (See Also DECLARATORY STATEMENTS) —
Application to Acquire Control of Bank, IAS_I-0498-001.
Application to Consolidate With Another Bank — Intervenor Protest, IAS_I-0499-001.
Appointment of Receiver/Liquidator, IAS_I-0500-001.
Banking Operation Defined & Discussed, IAS_I-0501-001.
Complaint to Recover Special Examination Fee & Penalties, IAS_I-0502-001.
Complaint to Remove Officers —
Cease & Desist Order, IAS_I-0503-001.
Failed Institution Taken Over By Resolution Trust Corp. (RTC) —
Claims Against RTC Must First Go Through Federal Administrative Claims Procedure, IAS_I-0504-001.
Motion to Disqualify Gerald Lewis —
Appellate Review of Dept. Denial — Affirmed, IAS_I-0505-002.
Orders of General Application (See Declaratory Statements)
Removal of Bank Directors —
Assessment of Costs of Examination & Supervision, IAS_I-0506-001.
Prohibition On Future Service As Directors, IAS_I-0507-001.
Unsafe or Unsound Practices, IAS_I-0508-001.
Unauthorized Banking Activities — Emergency Cease & Desist Order, IAS_I-0509-001.
Div. of Finance (See Also DECLARATORY STATEMENTS) —
Abandoned Property —
Bank Account — Estate, IAS_I-0510-001.
Burden of Proof — Preponderance of the Evidence, IAS_I-0511-001.
Claim By Sons Through Private Investigative Agency to Mother’s Allegedly Abandoned Stock — Denied, IAS_I-0512-001.
Claim Denied, IAS_I-0513-001.
Claimant’s Burden of Proof Discussed & Found Not Satisfied, IAS_I-0514-001.
Competing Claims For, IAS_I-0515-001.
Creditor — Intangible Personal Property — Statutory Framework Governing Examined, IAS_I-0516-001.
Creditor Claims Found Authorized By Statute, IAS_I-0517-001.
Unclaimed Proceeds to Insurance Policy, IAS_I-0518-001.
Contracts (See CONTRACTS (Bids/Protests))
Div. Authority to Enter Cease & Desist Orders Examined, IAS_I-0519-002.
Bankruptcy Filing Does Not Divest, IAS_I-0520-001.
License — Cemetery —
Circuit Court Dismissal of Parallel Suit Challenging Acquisition of Control Quashed, IAS_I-0521-001.
Expected Cremations Included With Burials When Analyzing Need, IAS_I-0522-001.
Transfer of Control — Approval of Affected Owners of Burial Rights Not Considered, IAS_I-0523-001.
Transfer of Control — Approved Over Intervenor Protest, IAS_I-0524-001.
Transfer of Control — Competition Implications Not Considered, IAS_I-0525-001.
Licensure — Cemetery —
Extension of Time to Meet Statutory Criteria, IAS_I-0526-001.
Mortgage Brokerage —
§494.0065 Savings Clause Examined, IAS_I-0527-001.
Acceptance of Fee Without Proper Disclosure, IAS_I-0528-001.
Acceptance of Fees Without Requisite Written Agreement, IAS_I-0529-001.
Authorization to Close or Assign Loans to Out-of-State Firm, IAS_I-0530-001.
Broker Defined, IAS_I-0531-001.
Charging Inappropriate & Excessive Fees, IAS_I-0532-001.
Collection of Advance Fee For Services, IAS_I-0533-001.
Criminal Conviction — Grand Theft, IAS_I-0534-001.
Criminal Conviction — Licensure By Other State Agency Is Immaterial, IAS_I-0535-001.
Criminal Conviction — Mortgage Fraud, IAS_I-0536-001.
Criminal Conviction — Possession of Cocaine With Intent to Distribute, IAS_I-0537-001.
Disqualification From Licensure — Burden of Proof to Overcome, IAS_I-0538-001.
Disqualification From Licensure — Self-Serving Testimony of Applicant Alone Insufficient, IAS_I-0539-001.
Diversion of Trust Funds to Personal Use, IAS_I-0540-001.
Each Violation Constitutes a Separate Offense — Multiple Violations Increase Maximum Penalty, IAS_I-0541-001.
Examination — Challenge to Grading Denied, IAS_I-0542-001.
Failure to Apprise Customers of the Status of Their Loans, IAS_I-0543-001.
Failure to Close Loans In a Timely Manner, IAS_I-0544-001.
Failure to Have Requisite Operating Experience, IAS_I-0545-001.
Failure to Make Requisite Refund, IAS_I-0546-001.
Failure to Notify Div. of Bankruptcy Filing, IAS_I-0547-001.
Failure to Properly Associate With Mortgage Brokerage Business, IAS_I-0548-001.
Failure to Properly Place Fees In Trust Account, IAS_I-0549-002.
Failure to Return Loan Discount Fee, IAS_I-0550-001.
Failure to be Properly Associated With a Broker, IAS_I-0551-001.
Fraudulent Conduct, IAS_I-0552-002.
Grandfather Status — Claim of Rejected, IAS_I-0553-001.
Licensure of Correspondent Mortgage Brokers Discussed, IAS_I-0554-001.
Mortgage Broker Is Held to the Highest Standard of Conduct, IAS_I-0556-001.
Mortgage Broker License Is Not Transferrable, IAS_I-0557-001.
Operating Without a License — Intent Need Not Be Shown, IAS_I-0559-001.
Operating Without a License, IAS_I-0560-004.
Out-of-State Firm Seeking to Refinance Fla. Mortgages — Statutory Requirements Examined, IAS_I-0561-001.
Previous Discipline of Corporate Officer, IAS_I-0562-001.
Processing Applications With An Expectation of Compensation, IAS_I-0563-001.
Receipt of Fee Without Written Agreement, IAS_I-0564-001.
Settlement a Parallel Civil Lawsuit by Victim Is Immaterial, IAS_I-0565-001.
Violation of Div. Order, IAS_I-0566-001.
Mortgage Brokerage — Correspondent —
Creating a Potential Lien Against Applicant’s Property Without Authorization, IAS_I-0567-001.
Demanding Payment of Fee Prior to Obtaining a Commitment, IAS_I-0568-001.
Distinction Between Mortgage Broker & Correspondent Mortgage Broker Examined, IAS_I-0569-001.
Failure to Close Loans Within Promised Time Period, IAS_I-0570-001.
Failure to Keep Requisite Written Records, IAS_I-0571-001.
Failure to Maintain Required Net Worth, IAS_I-0572-001.
Failure to Make Requisite Written Disclosure, IAS_I-0573-001.
Mortgage Brokerage Guarantee Fund —
Petitioner Has Burden of Proof — Failure to Appear At Hearing, IAS_I-0574-001.
Retailers — Installment Transactions —
Charge For Waiver of Insurance Requirement Characterized, IAS_I-0575-001.
Charging Excessive Premiums, IAS_I-0576-001.
Contracted Sale Defined, IAS_I-0577-001.
Documentary Stamps Need Not Be Physically Attached to the Contract, IAS_I-0578-001.
Failure to Give Notice of Finance Charges In Excess of Legal Maximum, IAS_I-0579-001.
Failure to Have Books Available For Inspection, IAS_I-0580-001.
Failure to Keep Requisite Written Records, IAS_I-0581-001.
Failure to Permit Inspection of Books, IAS_I-0582-001.
Failure to Properly Affix Documentary Stamp Taxes, IAS_I-0583-001.
Failure to Properly Collect or Remit Trust Funds, IAS_I-0584-001.
False Statements On Licensure Application, IAS_I-0585-003.
Operating Without, IAS_I-0586-001.
Out-of-State Mail Order Business — §520 Found Not to Amount to Flat-Sum Tax, IAS_I-0587-001.
Out-of-State Mail Order Business — §520 Found to Improperly Amount to Flat-Sum Tax As Applied, IAS_I-0588-001.
Service Contract Defined & Discussed, IAS_I-0589-001.
Warranty Defined & Discussed, IAS_I-0590-001.
Unclaimed Insurance Proceeds —
Div. Award to Creditors of Apparent Owner Reversed, IAS_I-0591-001.
Div. Lacks Jurisdiction to Prioritize Competing Claims, IAS_I-0592-001.
Status of Insurance Proceeds As Personal Property Examined, IAS_I-0593-001.
Div. of Securities (See Also DECLARATORY STATEMENTS) —
Associated Person Registration —
Advertising — False & Misleading, IAS_I-0594-001.
Aiding & Abetting Unlicensed Personnel, IAS_I-0595-001.
Criminal Plea, IAS_I-0596-002.
Exempt Securities — Proof of Examined, IAS_I-0597-001.
Failure to Account For & Deliver Trust Funds, IAS_I-0598-001.
Failure to Have Requisite Local Occupational License, IAS_I-0599-001.
Failure to Maintain Requisite Written Records, IAS_I-0600-001.
Failure to Properly Display License, IAS_I-0601-001.
Failure to Properly Display Sign, IAS_I-0602-001.
Failure to Properly Register, IAS_I-0603-001.
False Statements On Licensure Application, IAS_I-0604-002.
Filing a False Report, IAS_I-0605-001.
Fraudulent Conduct, IAS_I-0606-002.
Granted Subject to Negotiation of Agreement On Restrictions, IAS_I-0607-001.
IRS Tax Lien, IAS_I-0608-001.
Jurisdiction to Regulate Bank Employees Found, IAS_I-0609-001.
Lack of Fitness & Trustworthiness, IAS_I-0610-003.
Operating Without Proper Registration, IAS_I-0611-001.
Out-of-State Discipline, IAS_I-0612-001.
Sale of Unregistered Securities, IAS_I-0613-001.
Scienter or Intent Need Not Be Alleged or Proven to Impose Discipline, IAS_I-0614-001.
Cease & Desist Order, IAS_I-0615-001.
Dealer Registration —
Burden of Div. Proof In Enforcement Proceedings, IAS_I-0616-001.
Cease & Desist Order, IAS_I-0617-002.
Statutory Right to Explain & Mitigate Alleged Violations, IAS_I-0618-002.
Investment Advisor —
§517.021(10)(b)(6) Exemption From Licensure Found Inapplicable, IAS_I-0619-001.
Operating Without Proper Registration, IAS_I-0620-002.
§517 Contains No Time Limit For Initiating Or Completing An Investigation, IAS_I-0621-001.
Revised Opinion: Osborne Stern & Co., IAS_I-0622-001.
Statutory Right to Explain & Mitigate Alleged Violations, IAS_I-0623-002.
Supreme Court Review: Osborne Stern & Co., IAS_I-0624-001.
Decision On Restoration of Found to Be Years Away, IAS_I-0625-001.
Medical Examiner —
Governor Provided With Only One (1) Nominee Reversed, IAS_I-0626-001.
Alcoholic Beverage License (See ALCOHOLIC BEVERAGE LICENSE)
Condominiums (See CONDOMINIUMS; DECLARATORY STATEMENTS)
Pari-Mutuel Wagering (See DBPR (BUSINESS & PROFESSIONAL REGULATION, Dept. of))
Circuit Court Grant of Temporary Injunction Reversed, IAS_I-0627-001.
Hearing Officer Ordered Recused, IAS_I-0628-001.
Abuse of Family Member, IAS_I-0629-003.
Abuse of Foster Child, IAS_I-0630-001.
Acceptance of Improper Gift Or Gratuity, IAS_I-0631-001.
Action Against Certificate Consolidated With School Bd. Action Against Job, IAS_I-0632-002.
Administrators Are Held to a High Standard of Conduct, IAS_I-0633-001.
Abuse On Duty, IAS_I-0634-001.
Providing to Students, IAS_I-0635-002.
Applicant Has Burden of Proof By a Preponderance of the Evidence, IAS_I-0636-002.
Criminal History Expungement —
Duty of Applicant to Disclose History to EPC, IAS_I-0637-002.
Duty of EPC to Keep Confidential, IAS_I-0638-001.
Criminal Plea, IAS_I-0639-002.
Denial of Otherwise Qualified Applicant Requires Clear & Convincing Evidence, IAS_I-0640-001.
False Statements On Licensure Application, IAS_I-0641-004.
Fraudulent Conduct, IAS_I-0642-002.
Good Moral Character Lacking, IAS_I-0643-001.
Gross Immorality, IAS_I-0644-004.
Heterosexual Misconduct Culminating In Marriage to Student, IAS_I-0645-001.
Moral Turpitude, IAS_I-0646-003.
Obtaining Certificate Utilizing Fraudulent Means, IAS_I-0647-001.
Comments to Students Found “Inappropriate” Although Not Sexual or Even Harassing, IAS_I-0648-001.
Consolidation of Case With Parallel School Bd. Action Denied, IAS_I-0649-001.
Consolidation of Comm. Action Against License With School Board Job Action, IAS_I-0650-001.
Controlled Substances —
Possession of Crack Cocaine, IAS_I-0651-001.
Providing to Students, IAS_I-0652-001.
Criminal Charge —
Trespass/Disorderly Conduct/Resisting Arrest, IAS_I-0653-001.
Criminal Charge, IAS_I-0654-001.
Criminal Conviction —
DUI/Resisting Arrest, IAS_I-0656-001.
Criminal Conviction, IAS_I-0657-004.
Criminal Plea —
Child Abuse, IAS_I-0658-001.
Conspiracy to Possess & Distribute Cocaine, IAS_I-0659-001.
Solicitation of Prostitution, IAS_I-0661-002.
Criminal Plea, IAS_I-0662-004.
Discharging Firearm With Live Ammo At School, IAS_I-0663-001.
Disparaging Remarks to Students, IAS_I-0664-001.
Excessive & Unreasonable Corporal Punishment, IAS_I-0665-004.
Excessive Force Used to Control Students — Self Defense, IAS_I-0666-001.
Excessive Force Used to Control Students, IAS_I-0667-003.
Excessive Physical Force, IAS_I-0668-004.
Excessively Close Personal Relationship With Student, IAS_I-0669-001.
Expiration of Certificate Does Not Preclude Discipline, IAS_I-0670-001.
Exploitation of Professional Relationship For Personal Gain, IAS_I-0671-012.
Failure to Adequately Secure Student Medications, IAS_I-0672-001.
Failure to Answer Request For Admissions —
DOAH Divested of Jurisdiction — Penalty Imposed, IAS_I-0673-001.
Failure to Appear At Work As Scheduled, IAS_I-0674-001.
Failure to Report or Document Injuries to Students, IAS_I-0675-001.
Failure to Supervise Students, IAS_I-0676-002.
False Statements On Licensure Application — 1992 Statutory Amendment, IAS_I-0677-002.
False Statements On Licensure Application, IAS_I-0678-009.
Falsification of Student Attendance Records, IAS_I-0679-001.
Final Order Upon Appellate Remand: Spruell, IAS_I-0680-001.
Fraudulent Conduct —
Falsification of Grades, IAS_I-0681-001.
Fraudulent Conduct, IAS_I-0682-005.
Gross Immorality —
Gross Immorality, IAS_I-0684-034.
Gross Insubordination —
Defined & Discussed, IAS_I-0685-001.
Gross Insubordination, IAS_I-0686-002.
HRS (Health & Rehabilitative Services, Dept. of) Central Abuse Registry —
Inclusion In HRS Central Abuse Registry —
Use of Excessive Physical Force On Foster Child, IAS_I-0687-001.
Indecent Public Exposure, IAS_I-0690-001.
Intentional Exposure of a Student to Unnecessary Embarrassment or Disparagement, IAS_I-0692-001.
Leaving School Grounds Without Permission, IAS_I-0693-001.
Misappropriation of School Funds, IAS_I-0694-001.
Misconduct Reducing Effectiveness —
Criminal Charges Alone Do Not Constitute Per Se, IAS_I-0695-001.
Reduction In Effectiveness Found Not Proven, IAS_I-0696-001.
School Bd. Suspension Alone Does Not Constitute Per Se, IAS_I-0697-001.
Misconduct Reducing Effectiveness, IAS_I-0698-032.
Moral Turpitude —
Alcohol Abuse Can Constitute, IAS_I-0699-001.
Alcoholism Alone Does Not Constitute, IAS_I-0700-001.
Ignorance of the Law Does Not Constitute, IAS_I-0702-001.
Multiple DUI Convictions Does Constitute, IAS_I-0703-001.
Moral Turpitude, IAS_I-0704-027.
Motion For Reconsideration: Spruell — Denied, IAS_I-0705-001.
Order On Motion to Reconsider Penalty: Melody Allen Spruell, IAS_I-0706-001.
Principles of Professional Conduct —
General Allegation Regarding Alleged Violation of Is Insufficient, IAS_I-0707-001.
Profane Language In Class, IAS_I-0708-001.
Profanity In Classroom, IAS_I-0709-001.
School Board Action Against Position Found Not Probative, IAS_I-0710-001.
Sexual Misconduct —
Circuit Ct. Restraining Order Does Not Bar Participation In Administrative Hearing, IAS_I-0711-001.
Comments to Student Found Inappropriate Though Not Sexual, IAS_I-0712-001.
Custom of Hispanics to Kiss & Touch Noted & Distinguished From, IAS_I-0713-001.
Display of “R” Rated Video In Class, IAS_I-0714-001.
Heterosexual Comments to Staff, IAS_I-0715-001.
Heterosexual Comments to Students, IAS_I-0716-009.
Heterosexual Contact With Family Member, IAS_I-0717-002.
Heterosexual Contact With Stepchild, IAS_I-0718-001.
Heterosexual Contact With Student — Out-of-Wedlock Pregnancy, IAS_I-0719-002.
Heterosexual Contact With Student Culminating In Marriage, IAS_I-0720-001.
Heterosexual Contact With Students, IAS_I-0721-009.
Homosexual Contact With Student, IAS_I-0722-001.
Homosexual Contact With Students, IAS_I-0723-002.
Hugs & Kisses On Face, IAS_I-0724-001.
Indecent Public Exposure, IAS_I-0725-001.
Permanent Revocation Found Too Harsh For Female Teacher, IAS_I-0726-001.
Premarital Heterosexual Contact With Student Is Misconduct Per Se, IAS_I-0727-001.
Romantic Heterosexual Relationship With Student — Marriage, IAS_I-0728-003.
Teacher-Student Relationship Is Not Prerequisite to Disciplinary Action, IAS_I-0729-001.
Teachers Are Held to a High Standard of Conduct, IAS_I-0730-008.
Threatening Complaints Directed At Vice Principal, IAS_I-0731-001.
Unprofessional Conduct, IAS_I-0732-001.
Use of Institutional Privileges For Personal Gain, IAS_I-0733-004.
Verbal Abuse of Students & Staff, IAS_I-0734-001.
Verbal Abuse of Students, IAS_I-0735-002.
Violation of Board Rules & Statutes, IAS_I-0736-017.
Violation of Probation, IAS_I-0737-002.
Agency For Health Care Administration (AHCA) —
Discretion Regarding the Holding of a Public Hearing, IAS_I-0738-001.
Duty to Follow Precedents, IAS_I-0739-001.
Failure to Comply With Condition of a CON — Sanctions — Fine, IAS_I-0740-001.
Statutory Authority to Require Delicensure of Beds As a Condition of the Granting of a CON Found, IAS_I-0741-001.
Amendment of Application (See Also Application) —
Affiliation With U.F. Teaching Hospital, IAS_I-0742-001.
After Grant of CON In Stipulated Settlement — Denied, IAS_I-0743-001.
Applicant Has the Burden of Proof, IAS_I-0744-002.
Change In Ownership or Name, IAS_I-0745-001.
Cooperative Agreement Recommended By AHCA Does Not Constitute, IAS_I-0746-001.
Corporate Merger After Filing, IAS_I-0747-001.
Impermissible Amendment Found, IAS_I-0748-001.
Minor Change In Building Plans, IAS_I-0749-001.
Permissible Updating Distinguished From, IAS_I-0750-001.
Prohibited By Gulf Court Decision (See Also Gulf Court Decision), IAS_I-0751-002.
Prohibition On Carefully Explored, IAS_I-0752-004.
Rule Prohibition On Strictly Construed, IAS_I-0753-001.
Sale of Facility After Filing — Denied, IAS_I-0754-001.
Sale of Facility After Filing — Distinction Between Corporations & Partnerships, IAS_I-0755-001.
Submission of Relevant & Supplemental Evidence Does Not Constitute Per Se, IAS_I-0756-001.
Appellate Review In Lieu of §120.57 Petition Found to Waive Right to the Latter, IAS_I-0757-001.
Appellate Review (See APPELLATE REVIEW)
Owner Must Be Disclosed — Owner’s Owner Need Not Be Disclosed, IAS_I-0758-001.
Applicant Has the Burden of Proof —
By a Preponderance of the Evidence, IAS_I-0759-002.
That Application Is Complete, IAS_I-0760-001.
Applicant Has the Burden of Proof, IAS_I-0761-035.
Application (See Also Amendment of Application, Financial Feasibility, Letter of Intent) —
§381.707 Assessment of Impact Statement Discussed, IAS_I-0762-001.
Amendment (See Amendment of Application)
Audited Financial Statements Discussed, IAS_I-0763-001.
Bankruptcy of Applicant — Implications of, IAS_I-0764-001.
Change In Ownership Midstream — Summary Rejection of Application, IAS_I-0765-001.
Corporate Resolution —
Bd. of Directors Acting Prior to Actual Filing With Sec. of State Found Null & Void, IAS_I-0766-001.
Deficiencies Cannot Be Cured Retroactively, IAS_I-0767-002.
Distinction Between Requisite Commitment & Actual Contract For Construction, IAS_I-0768-001.
Found Adequate, IAS_I-0769-001.
Found Deficient, IAS_I-0770-004.
Requirements For Exhaustively Explored, IAS_I-0771-001.
Exact Compliance With Requirements Is Enforced, IAS_I-0772-001.
Expedited Review, IAS_I-0773-001.
Failure of Applicant to Attend the Public Hearing On Its Application —
Applicant Cannot Be Sanctioned For or Compelled to Attend, IAS_I-0774-001.
Purpose of Public Hearing Examined, IAS_I-0775-001.
Failure to Timely Publish Notice of Filing, IAS_I-0776-001.
Fee — Petition For Refund of Denied, IAS_I-0777-001.
Filing Fee Cannot Be Waived, IAS_I-0778-001.
Floor Plan —
Changes In After Application Generally Permissible, IAS_I-0779-001.
Requisite Schematics Discussed, IAS_I-0780-001.
Grant of CON Is Conditioned On Any Representation Contained Within, IAS_I-0781-001.
Incomplete — Assets Page Missing, IAS_I-0782-001.
Incomplete — Bifurcated Hearing Conducted, IAS_I-0783-001.
Incomplete — Failure to Publish Notice of Capital Commitments —
Found Essential to Comparative Review, IAS_I-0784-001.
Importance of This Information Emphasized, IAS_I-0785-001.
Incomplete — Failure to Reveal Aggregate Total Capital Commitments —
Allocation of Previous Capital Costs — Conversion Application, IAS_I-0786-001.
Applicant Bears the Burden of Full Disclosure Alone, IAS_I-0787-001.
Applicant Cannot Arbitrarily Change Fiscal Year, IAS_I-0788-001.
Applicant Cannot Offset With Large Allowance For “Other Capitalization”, IAS_I-0789-001.
Capital Expenditure Defined & Discussed, IAS_I-0790-001.
Combined Financial Statement Accepted Over Contrary DOAH Recommendation, IAS_I-0791-001.
Denied-But-In-Litigation Projects Must Be Disclosed, IAS_I-0792-001.
Denied-But-In-Litigation Projects Need Not Be Disclosed, IAS_I-0793-001.
Exact Compliance With Pertinent Rules Is Required, IAS_I-0794-001.
Failure to List $50,000 Out of $13, IAS_I-0795-002.
Failure to List 1/4 of Capital Projects, IAS_I-0796-001.
Failure to Reveal Aggregate Total Capital Commitments At Time of Application Found Immaterial, IAS_I-0797-001.
Financial Statement — One Page of Missing, IAS_I-0798-001.
Importance of Complete Listing Emphasized, IAS_I-0799-002.
Importance of This Information Exhaustively Explored, IAS_I-0800-004.
Internal Approval Compels Disclosure, IAS_I-0801-001.
Preliminarily Denied Projects In Litigation Must Be Listed, IAS_I-0802-001.
Projects Allegedly “Gratuitously Listed” Cannot Offset Those Omitted, IAS_I-0803-001.
Incomplete — Financial Statement — Out-of-Line With Generally Accepted Accounting Principles, IAS_I-0804-001.
Incomplete — Insufficient Detail, IAS_I-0805-001.
Incomplete — Treated As Withdrawn, IAS_I-0806-001.
Physician Preferences Are Clearly Relevant, IAS_I-0808-001.
CON (Certificate of Need) — Grant of Conditioned On Surrender of Earlier-Granted CON, IAS_I-0809-001.
CON — Grant of Conditioned on Delicensure of Other Type of Bed, IAS_I-0810-001.
CON — Low Utilization Not Subject to Third Party Intervenor Protest, IAS_I-0811-001.
CON Cannot Be Substantially Modified Without a New Application & Review, IAS_I-0812-001.
CON Is An Agreement Between the Provider and the State —
State Cannot Force Provider to Proceed to Construction, IAS_I-0813-001.
CON Is a “License” Within §120.57(9), IAS_I-0814-001.
Comparative Review (See Also Home Health Agency, Nursing Home) —
Burden of Proof Examined, IAS_I-0816-001.
Challenge to Any Portion of State Agency Action Report Leaves All Applications At Issue Absent Severance, IAS_I-0817-001.
Found Mandated By Due Process — Severance Denied, IAS_I-0818-001.
Importance of Discussed, IAS_I-0819-001.
Must Be Accorded If There Is a Substantial Change In Service, IAS_I-0820-001.
Must Be Based On Fixed Need Pool Since Gulf Court, IAS_I-0821-002.
Stay Granted When Application Deemed Incomplete & That Finding Appealed, IAS_I-0822-002.
Uncontested & Approved Application Severed, IAS_I-0823-001.
Comparative Review, IAS_I-0824-002.
Exemption From CON Review —
No Collateral Attacks On, IAS_I-0825-002.
Extension of —
Estoppel — Right to Hearing — Remand, IAS_I-0826-001.
Failure to Be Under Continuous Construction — Revocation of CON, IAS_I-0827-001.
Failure to Timely Commence Construction —
Will Be Considered In Future CON Applications of the Provider, IAS_I-0828-001.
Financial Feasibility (See Also Application) —
Analysis of Addition to Existing Facility — Incremental Cost, IAS_I-0829-001.
Breakout of Expenses Found Not Required, IAS_I-0830-001.
Costs Need Not Be Allocated Between A Proposed Inpatient Program & CON Exempt Outpatient Program, IAS_I-0831-001.
Failure to Establish, IAS_I-0832-002.
Importance of This Consideration Emphasized, IAS_I-0833-001.
Letter of Interest From Financial Institution’s Junior Officer Found Sufficient, IAS_I-0834-001.
Preference For Lower Cost Proposal, IAS_I-0835-001.
Requisite Testimony In Support Of, IAS_I-0836-001.
Gulf Court Decision Discussed, IAS_I-0837-003.
Home Health Agency —
Challenge to Fixed Need Pool, IAS_I-0838-001.
Comparative Review (See Also Comparative Review) — One Application Deemed Incomplete — Appeal — Stay Granted, IAS_I-0839-001.
Comparative Review, IAS_I-0840-001.
Failure to Timely Publish Notice of Filing, IAS_I-0841-001.
Intervenor Protest, IAS_I-0842-001.
Letter of Intent Submitted Prematurely, IAS_I-0843-001.
Need (See Also Need) —
Rule Methodology Invalidated, IAS_I-0844-001.
State Health Plan —
Preference For Those Proposing to Serve Underserved Counties, IAS_I-0845-001.
Application Rejected As Incomplete, IAS_I-0846-001.
Intervenor Protest, IAS_I-0847-001.
Untimely Challenge to Fixed Need Pool, IAS_I-0848-001.
Acute Care Beds —
Cost Differential Between Additional Beds & New Free Standing Facility, IAS_I-0849-001.
General Excess of Beds Noted, IAS_I-0850-001.
Nursing Beds Are Less Costly, IAS_I-0851-001.
Acute Care, IAS_I-0852-004.
Bone Marrow Transplant Program, IAS_I-0853-001.
Comprehensive Medical Rehabilitation Beds, IAS_I-0854-001.
Inpatient Program — Under-Utilized Outpatient Program — Desirability of, IAS_I-0855-001.
Renovation & Expansion of Existing Facility, IAS_I-0856-001.
Short-Term Psychiatric, IAS_I-0857-001.
Skilled Nursing Beds — Application Dismissed As Incomplete, IAS_I-0858-001.
Bone Marrow Transplant Program, IAS_I-0859-002.
Cardiac Catheterization Lab —
Cardiac Catheterization Lab, IAS_I-0861-004.
Child/Adolescent Psychiatric — Petition to Modify to Child/Adolescent & Adult Psychiatric, IAS_I-0862-001.
Comparative Review (See Comparative Review)
Comprehensive Medical Rehabilitation —
Conversion of Acute Care to Comprehensive Medical Rehabilitation Beds, IAS_I-0864-003.
Conversion of Acute Care to Neonatal Intensive Care Beds, IAS_I-0865-002.
Conversion of Acute Care to Psychiatric, IAS_I-0866-001.
Conversion of Substance Abuse & Acute Care to Skilled Nursing Beds, IAS_I-0867-001.
Conversion of Substance Abuse to Psychiatric Beds, IAS_I-0868-001.
Failure of Applicant to Attend the Public Hearing On Its Application, IAS_I-0869-001.
Intervenors (See Also Intervenors) —
Protest Filed a Few Days Before a Settlement Was Reached Dismissed As Untimely, IAS_I-0870-001.
Liver Transplant Program, IAS_I-0871-002.
Need (See Also Need) —
Fixed Pool of Beds — Applicant Is Required to Put On Evidence As to Correctness, IAS_I-0872-001.
Fixed Pool of Beds — Intervenor’s Untimely Challenge Found to Constitute Waiver, IAS_I-0873-001.
Fixed Pool of Beds — Notice — Agency Publication of, IAS_I-0874-001.
Fixed Pool of Beds — Remains Unchanged Through Batching Cycle, IAS_I-0875-001.
Fixed Pool of Beds (See Also Hospital, Need)
Rule Methodology — Numeric Need — Creates Rebuttable Presumption, IAS_I-0876-001.
Rule Methodology — Numeric Need — Defined & Discussed, IAS_I-0877-001.
Neonatal Intensive Care Unit, IAS_I-0878-001.
Open Heart Surgical, IAS_I-0879-005.
Organ Transplant Programs —
Larger Service Areas Noted, IAS_I-0880-001.
Modification to CON After Stipulated Agreement Denied, IAS_I-0881-001.
Satellite Facility —
Challenge to Provision of Settlement Order Requiring Delicensure of Medical/Surgical Beds, IAS_I-0883-001.
Satellite Facility, IAS_I-0884-001.
Shared Service Arrangements Examined, IAS_I-0885-001.
Tertiary Health Services —
Capacity of Existing Providers Is Relevant, IAS_I-0886-001.
Geographic Boundaries Broader Than Local Service Districts Can Be Established, IAS_I-0888-001.
Not Normal Circumstances, IAS_I-0889-001.
Transfer of Adult Psychiatric Beds to Another Facility Owned By the Same Party, IAS_I-0890-001.
Accommodation of Care Burden Is An Important Consideration, IAS_I-0891-002.
Requirement That Uninsured Patients Post a Deposit — Interpretation of, IAS_I-0892-001.
Requirement of Cash Deposit For Those Without Insurance — Interpretation of, IAS_I-0893-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Cannot Expand Issues of the Proceeding As a Matter of Right, IAS_I-0894-001.
Motion to Dismiss — Standard Governing Agency Action On, IAS_I-0895-001.
Cannot Be Lost Due to Post-Filing Developments, IAS_I-0896-001.
Economic Injury Must Be Shown, IAS_I-0897-001.
Low Utilization By Competitor, IAS_I-0898-001.
None to Collaterally Attack Exempt Projects, IAS_I-0899-001.
Renovation & Expansion of Competing Facility, IAS_I-0900-001.
Solvency Need Not Be Threatened, IAS_I-0901-003.
To Be Liberally Construed, IAS_I-0902-004.
Letter of Intent —
AHCA Can Condition Grant of CON On Provisions of, IAS_I-0903-001.
Constitutes a Contract Between Applicant & the State, IAS_I-0904-001.
Deadlines For Publication of Notice of Filing, IAS_I-0905-001.
Distinction Between Requisite Commitment & Actual Contract For Construction, IAS_I-0906-001.
Exact Compliance With Requirements Examined, IAS_I-0907-001.
Found to Be Part of a CON Application, IAS_I-0908-001.
Grant of CON Conditioned On Any Representation Contained Within, IAS_I-0909-001.
Premature Filing of, IAS_I-0910-001.
Proper Corporate Resolution Is Mandatory, IAS_I-0911-001.
Submittal of Second Amended Letter — New General Partners, IAS_I-0912-001.
Local Health Plan (See Also State Health Plan) —
100 % Consistency With Not Required, IAS_I-0913-002.
Analysis of Consistency With Discussed, IAS_I-0914-001.
Merely Provides Guidelines, IAS_I-0915-001.
Must Be Considered Even In Absence of Competing Applications, IAS_I-0916-001.
Must Be Considered Even Though Not Promulgated As a Rule As Required Statutorily, IAS_I-0917-001.
Preference For Commitment to Serve Medicaid Patents Construed, IAS_I-0918-001.
Need (See Also Home Health Agency, Hospital Nursing Home) —
Applicant Has Burden of Proof Despite DOAH Invalidation of Rule Need Methodology, IAS_I-0919-001.
Balanced Consideration of All Statutory & Rule Criteria, IAS_I-0920-022.
Capacity of Existing Providers — Relevancy of Examined, IAS_I-0921-001.
Community Need Discussed, IAS_I-0922-001.
Determined With Reference to the State Health Plan, IAS_I-0923-001.
Fixed Pool of Beds (See Also Hospital, Need) —
Challenge to, IAS_I-0924-001.
Failure to Timely Challenge When Published Results In Waiver of the Right, IAS_I-0925-001.
HRS Will Not Amend, IAS_I-0926-001.
No Collateral Attacks On, IAS_I-0927-001.
Two Co-Batched Applications Initially Approved — Third Party Challenge to One Approval, IAS_I-0928-001.
Untimely Challenge to Dismissed, IAS_I-0929-001.
Geographic Accessibility —
Boundaries of a Health Planning Area Are Not An Iron Curtain, IAS_I-0930-001.
Lack of Found to Outweigh Absence of Numeric Need, IAS_I-0931-001.
Larger Service Areas For Organ Transplant Program Noted, IAS_I-0932-001.
Service District Defined & Discussed, IAS_I-0933-001.
Target Population Defined, IAS_I-0934-001.
Health Planning Area —
Boundaries Are Not An Iron Curtain, IAS_I-0935-001.
Indigent & Medicaid Patient Needs — Consideration of, IAS_I-0936-002.
No Single Criterion Is Dispositive, IAS_I-0937-001.
Over Utilization By Protestant, IAS_I-0938-001.
Physical Location of a Facility Is of Critical Importance, IAS_I-0939-001.
Physician Preferences Are Clearly Relevant, IAS_I-0940-002.
Rule Methodology —
AHCA Cannot Repudiate After Filing of An Application, IAS_I-0941-001.
Acute Care — Found to Be “Irrational”, IAS_I-0942-001.
Amendment Subsequent to Date of Application, IAS_I-0943-001.
Invalidated In §120.56 Challenge & Appealed By AHCA, IAS_I-0944-001.
Not Normal Exception — Applicant Has the Burden of Proof, IAS_I-0945-001.
Not Normal Exception — DOAH Should Not Devise Non-Rule Need Formula, IAS_I-0946-001.
Not Normal Exception — High Seasonal Demand, IAS_I-0947-002.
Not Normal Exception — Intradistrict Service & Travel Patterns, IAS_I-0948-001.
Not Normal Exception Explored, IAS_I-0949-002.
Not Normal Exception Involves a Conclusion of Law, IAS_I-0950-002.
Not Normal Exception Is Not Available to Applicant Not Addressing An Available Fixed Need Pool, IAS_I-0951-002.
Not Normal Exception, IAS_I-0952-007.
Numeric Need — Absence of Is Not Dispositive, IAS_I-0953-003.
Numeric Need — Consideration of Facilities Nearby But Outside Subdistrict, IAS_I-0954-001.
Numeric Need Alone Insufficient, IAS_I-0955-001.
Numeric Need Alone Is Not Dispositive, IAS_I-0956-001.
Numeric Need Lacking — Creates Rebuttable Presumption of No Need, IAS_I-0957-005.
Numeric Need Number Is An Important Criterion, IAS_I-0958-002.
One In Effect At Time of Initial Review — Not Hearing – Utilized, IAS_I-0959-001.
Utilization Rates — Found Disfavorable to Proposal, IAS_I-0960-001.
Rule Need Methodology —
Not Normal Exception Found Inapplicable, IAS_I-0961-002.
Teaching, Referral or Specialized Services Facility — Preference For, IAS_I-0962-001.
Weight to Be Accorded Various Criteria — AHCA Finds to Involve a Conclusion of Law, IAS_I-0963-002.
Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IAS_I-0964-017.
Nursing Home —
Additional Community Beds — Proposed Facility Cannot Amend Application, IAS_I-0966-001.
Alzheimer’s Patients — Not Necessarily Better Served In a Specialized/Segregated Unit, IAS_I-0967-001.
Alzheimer’s Patients — There Is No Policy Favoring Dedicated Units, IAS_I-0968-001.
Application (See Also Application) —
Failure to List 1/4 of Capital Projects, IAS_I-0969-001.
Assisted Living Facilities (ALF) — Status of Examined, IAS_I-0970-001.
Additional Beds, IAS_I-0971-001.
Comparative Review (See Also Comparative Review, Home Health Agency, Nursing Home) —
DOAH Finds Defective Letter of Intent — AHCA Rejects That Finding & Remands For Comparative Review, IAS_I-0973-001.
One Application Deemed Incomplete — Appeal — Stay Granted, IAS_I-0974-001.
Comparative Review, IAS_I-0975-015.
Conversion of Hospital’s Acute Care Beds to Skilled Nursing Beds — Comparative Review, IAS_I-0976-001.
Conversion of Hospital’s Adult Psychiatric & Substance Abuse Beds to Skilled Nursing Beds — Comparative Review, IAS_I-0977-001.
Conversion of Hospital’s Beds — Multi-Level Systems Found Encouraged By Statute, IAS_I-0978-001.
Conversion of Sheltered to Community Beds, IAS_I-0979-001.
Hospital-Based Skilled Beds, IAS_I-0980-001.
Intervenor Protest, IAS_I-0981-006.
Need (See Also Need) —
Beds In Excess of Numeric Need Not Normally Granted, IAS_I-0982-001.
Need For Subacute Services Receives No Preference, IAS_I-0983-001.
Particular Need For Different Services Is Not Reached, IAS_I-0984-001.
Sheltered Nursing Home Defined, IAS_I-0985-001.
Transfer of Beds From Outmoded to New Larger Proposed Facility — Delicensure Not Required, IAS_I-0986-001.
Replacement Facility Defined & Discussed, IAS_I-0987-001.
Sub-Acute Care Found Not to Be Only Available At Hospital-Based Facilities, IAS_I-0988-001.
Transfer & Combination With Existing Facility Denied, IAS_I-0989-001.
Purpose of CON Review —
Cost Containment — Primary Goal, IAS_I-0990-001.
Discouraging Unneeded Investment In Facilities, IAS_I-0991-001.
Minimize Duplication, IAS_I-0993-001.
Quality of Care Problems —
Evidence Regarding Is Clearly Relevant, IAS_I-0994-001.
Rule Methodology —
Numeric Need — Importance of Discussed, IAS_I-0995-001.
Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IAS_I-0996-001.
State Health Plan (See Also Local Health Plan) —
Merely Provides Guidelines, IAS_I-0997-001.
Proposal Need Not Be 100% Consistent With, IAS_I-0998-001.
Rule Takes Precedence Over Conflicting Provision In, IAS_I-0999-001.
AHCA Denies Entering Into Over Contrary DOAH Finding, IAS_I-1000-001.
Construction of Governed By Contract Law, IAS_I-1001-001.
Tertiary Health Services —
Larger Service Areas Noted, IAS_I-1002-001.
Organ Transplant Programs, IAS_I-1003-001.
Transfer of CON to Another Wholly-Owned Facility —
Absence of a Fixed Need Pool Is Irrelevant — Beds Not Returned to Need Pool Either, IAS_I-1004-001.
Water & Sewer Utility Interim Rate Increase —
Circuit Court Dismissal of Intervenor Protest Affirmed, IAS_I-1005-001.
Amended Final Order After Remand From Fourth District Court of Appeal: Turner, IAS_I-1006-001.
License (See Also LICENSING) —
Petition For Reinstatement After Voluntary Relinquishment Denied, IAS_I-1007-001.
Statutes Found Not to Have Provided For Inactive Status In Relevant Time Frame, IAS_I-1008-001.
Voluntary Surrender Found to Preclude Petition For Reinstatement, IAS_I-1009-001.
Voluntary Surrender to Become Rehabilitation Service Provider, IAS_I-1010-001.
Licensure (See Also LICENSURE) —
Accreditation Requirements For Educational Institutions Found Arbitrary, IAS_I-1011-001.
Accreditation Requirements For Educational Institutions Found Arbitrary, IAS_I-1012-001.
Graduation From College Not Also Regionally Accredited Found Immaterial, IAS_I-1013-001.
Rulemaking Authority (See Also RULEMAKING) —
Peer Review of Fees, IAS_I-1014-001.
Statutory Delegation of Examined, IAS_I-1015-001.
Statutory Prohibition On Licensed Chiropractors Working As “Rehabilitation Service Providers”, IAS_I-1016-001.
Clerk of Circuit Court Fails to Properly Index Special Assessment Lien Against Real Property, IAS_I-1017-001.
Ballot Referendums —
Merely Setting Forth the Text of a Provision Is Insufficient, IAS_I-1018-001.
Requirements Governing Ballot Summaries Examined, IAS_I-1019-001.
Beach Driving Regulations —
Statutory Framework Examined, IAS_I-1020-001.
Home Rule Power (See CONSTITUTION (Fla.))
Local Code Enforcement Boards —
Statutory Enforcement Authority & Powers Examined, IAS_I-1021-001.
Public Official —
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Two-Part Test For Entitlement to Examined, IAS_I-1022-001.
Public Records —
Authority of Official to Retain At Home, IAS_I-1023-001.
Quasi-Judicial Action Defined & Discussed, IAS_I-1024-001.
Road Construction (See Also TRANSPORTATION, Dept. of (DOT)) —
State Department of Commerce Cannot Exercise Extraterritorial Powers Within Another City, IAS_I-1025-001.
Denial of Without Hearing Reversed, IAS_I-1026-001.
Licensure — Supervisor —
AHCA Challenge to Board Grant of Reversed, IAS_I-1027-001.
Order of Taking Upheld, IAS_I-1028-001.
Eminent Domain —
Challenge to Amount of Compensation Awarded For Taking of Part of a Parcel of Property, IAS_I-1029-001.
Enterprise Florida, Inc. — Bd. of Directors —
Applicability of the Competitive Bidding Law (§287), IAS_I-1030-001.
Applicability of the Public Records Law (§119), IAS_I-1031-001.
Applicability of the Sunshine Law (§286), IAS_I-1032-001.
Facilities For New Professional Sports Franchises —
Dept. Rulemaking Authority Regarding Examined, IAS_I-1033-001.
Statutory Provision For State Funding Examined, IAS_I-1034-001.
Road Project Across Municipal Boundaries —
Dept. Cannot Exercise Extraterritorial Powers, IAS_I-1035-001.