COMMUNITY AFFAIRS, Dept. of (See Also ADMINISTRATION Comm.; ADMINISTRATIVE HEARINGS, Div. of, Vested Rights Determination; AREA OF CRITICAL STATE CONCERN; DECLARATORY STATEMENTS; LAND & WATER ADJUDICATORY Comm.)
§380 Is a Remedial Statute —
Amendments Must Be Applied Retroactively, IAS_I-1036-001.
Amended Final Order — Killearn Properties, Inc., IAS_I-1037-001.
Area of Critical State Concern (See AREA OF CRITICAL STATE CONCERN)
Binding Letter (See Also Index to Administrative Orders By Agency (IAA) For Index By County) —
Abandonment of Carefully Examined, IAS_I-1038-001.
Circuit Court Writ of Mandamus Precluding Reversed, IAS_I-1039-001.
Concern Over the Magnitude of a Potential Environmental Disaster Alone Provides No Basis For DRI Review, IAS_I-1040-001.
Housing — Affordable — Impact On Considered, IAS_I-1041-002.
Pertinent Statutes Examined, IAS_I-1043-001.
Pipeline — Petroleum — Related Storage Facility — DRI Review Found Not Required, IAS_I-1044-001.
Purpose of Examined, IAS_I-1045-001.
Regionally Significant Resources — Endangered & Threatened Species 3848-3851.
Regionally Significant Resources — Wetland, IAS_I-1046-001.
Transportation — Regionally Significant Roadways Identified, IAS_I-1047-003.
Interpretation of Vested Rights Status —
Aggregation Rule Found to Be Inapplicable, IAS_I-1048-002.
Housing — Affordable — Impact On Considered, IAS_I-1049-001.
Low Income Housing — Impact On, IAS_I-1050-001.
Mooring Buoys For Marine Vessels Off Key West, IAS_I-1051-001.
Multi-Use Development, IAS_I-1052-001.
Portion of Project Only Found Vested, IAS_I-1053-001.
Regionally Significant Resources — Endangered & Threatened Species, IAS_I-1054-002.
Regionally Significant Resources — Manatees, IAS_I-1055-001.
Regionally Significant Resources — Seagrass Community, IAS_I-1056-001.
Regionally Significant Resources — Vegetation & Wildlife, IAS_I-1057-001.
Regionally Significant Resources — Wetlands, IAS_I-1058-002.
Reliance & Change of Position Prior to 7/1/73, IAS_I-1059-001.
Transportation — Regionally Significant Roadways Identified, IAS_I-1060-013.
Transportation — Substantial Impacts Defined, IAS_I-1061-001.
Unified Plan of Development — Test For, IAS_I-1062-001.
Modification to DRI With Vested Rights —
Broward & Dade County — Multi-Use Development, IAS_I-1063-001.
Substantial Changes — Test For, IAS_I-1064-001.
Substantial Changes Found, IAS_I-1065-004.
Substantial Changes Not Found, IAS_I-1066-005.
Transportation — Regionally Significant Roadways Identified, IAS_I-1067-002.
Unified Plan of Development — Test For, IAS_I-1068-001.
Community Development Block Grant —
1990 Census Data Utilized, IAS_I-1069-001.
Challenge to Dept. Determination of Completeness of Application, IAS_I-1070-001.
Challenge to Scoring of Application, IAS_I-1071-001.
City of Apalachicola —
Statutory-Required Advertisement Found Deficient — Denied, IAS_I-1072-001.
City of Chipley —
Application Rescored, IAS_I-1073-001.
City of Crescent City —
Administrative Close-Out of Prior Year’s Grant Found Lacking, IAS_I-1074-001.
City of Leesburg —
Application Rescored, IAS_I-1075-001.
City of Lynn Haven —
Formal Hearing Denied — Informal Hearing Granted, IAS_I-1076-001.
City of St. Marks —
Additional Points On Application Denied, IAS_I-1077-001.
Consultant’s Claim For Reimbursement of Fee Related to An Application Denied, IAS_I-1078-001.
Dept. Attempt to Terminate Due to Allegedly False Representations On Application Reversed, IAS_I-1079-001.
Failure to Properly Submit Complete Application, IAS_I-1080-001.
Funding Is Available to Cities & Counties Only – Not Consultants, IAS_I-1081-001.
Jackson County —
Funding Amount Affirmed, IAS_I-1082-001.
Jefferson County —
Additional Points On Application Denied, IAS_I-1083-001.
Project Administration Expenses Are Cancellable Only If the Grant Recipient Had Authority to Terminate the Same, IAS_I-1084-001.
Supplementation of Application, IAS_I-1085-001.
Town of Lady Lake —
Rejection of Application Found Improper, IAS_I-1086-001.
Comprehensive Plan (See Also ADMINISTRATION Comm.; COUNTY GOVERNMENT, Local Comprehensive Plan) —
Circuit Court Dismissal of Constitutional Challenge to Reversed, IAS_I-1087-001.
Circuit Court Lacks Jurisdiction to Determine Consistency of Local Plan With, IAS_I-1088-001.
Exclusive Administrative Remedy For Inconsistencies In Local Plans — Purpose of Examined, IAS_I-1089-001.
Found Not to Mandate Gross Expenditures of Local Government Funds, IAS_I-1090-001.
Purpose of — To Insure Consistency of Local Plans & Development Orders With State Plan, IAS_I-1091-001.
Tension Between State Oversight & Local Home Rule Powers Examined, IAS_I-1092-001.
Amendments to —
§380 Is a Remedial Statute — Amendments Must Be Applied Retroactively, IAS_I-1093-001.
Adequate Rationale Need Not Be Provided, IAS_I-1094-001.
Challenge Proper Despite Pending Challenge to the Overall Plan, IAS_I-1095-002.
Challenge to Does Not Open the Overall Plan to Challenge Also, IAS_I-1096-001.
In Compliance Determination Is Applicable, IAS_I-1097-001.
Intensity & Density Rules Are Applicable, IAS_I-1098-001.
Must Be Reviewed With Respect to Impact On Overall Plan, IAS_I-1099-001.
Need Not Be Consistent With Plan As a Whole, IAS_I-1100-001.
Rejection of Dept. Proposed Modifications, IAS_I-1101-001.
Standard Governing Review of, IAS_I-1102-001.
Statutory Procedure For Discussed, IAS_I-1103-001.
Attorney’s Fees (See Also PRACTICE & PROCEDURE) —
§163.3184 Takes Precedence Over §120 Provisions, IAS_I-1104-001.
Compatible With —
Defined & Discussed, IAS_I-1106-004.
With State or Regional Plan — Local Plan, IAS_I-1107-001.
Consistency of Local Ordinance With Local Comprehensive Plan —
Criteria For Determining Discussed, IAS_I-1108-001.
Monroe County Rate of Growth Ordinance 16-1992, IAS_I-1109-001.
Standing — Two-Prong Test, IAS_I-1110-001.
Everglades — Decision On Restoration of Found to Be Years Away, IAS_I-1112-001.
Failure to Adopt Within Sixty (60) Days of Dept. Written Comments Found Harmless, IAS_I-1113-001.
Future Land Use Map Defined & Discussed, IAS_I-1114-001.
Home Rule Constitutional Powers of Local Governments Explored, IAS_I-1115-001.
In Compliance —
Flexibility For Small Rural Counties, IAS_I-1117-002.
Local Zoning History Is Immaterial, IAS_I-1118-001.
Once a Plan Is Brought Into No Further Remedies Exist, IAS_I-1119-001.
Plan In Entirety & Amendments Considered, IAS_I-1120-001.
Standards For Determining — Amendments, IAS_I-1121-002.
State Comprehensive Plan Discussed, IAS_I-1122-001.
Technically Does Not Encompass Administration Comm. Remedial Action Order, IAS_I-1123-001.
Internal Inconsistencies —
Defined & Discussed, IAS_I-1124-004.
Future Land Use Policy In Conflict With Conservation Policy, IAS_I-1125-001.
Minimum Criteria Approach, IAS_I-1126-001.
Standards For Determining Examined, IAS_I-1127-004.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Person — Defined, IAS_I-1128-002.
Attorney’s Fees Awards Against — Disfavored, IAS_I-1129-001.
Burden of Proof — Differences Between §163.3184(9)(a) & (10)(a) Examined, IAS_I-1130-001.
Burden of Proof — Different Standards In Different Procedural Situations Are Logical, IAS_I-1131-001.
Burden of Proof — “Fairly Debatable Standard” — Defined & Discussed, IAS_I-1132-003.
Burden of Proof — Not Even Fairly Debatable Standard — Is a Heavy One, IAS_I-1133-003.
Burden of Proof — Not Even Fairly Debatable Standard, IAS_I-1134-020.
Burden of Proof — Whether Satisfied Is a Question of Fact, IAS_I-1135-002.
Burden of Proof When Dept. & Local Government Reaches a Stipulated Settlement, IAS_I-1136-001.
Challenge Prior to Dept. Compliance Determination Is Premature, IAS_I-1137-001.
Challenge to Dept. Approved Remedial Amendments Opens a New Proceeding, IAS_I-1138-002.
Challenge to Settlement Between Dept. & Local Government — Mechanics of Examined, IAS_I-1139-001.
Mootness of Petition Leads to Dismissal, IAS_I-1140-001.
Notice — Defects In Not Jurisdictional, IAS_I-1141-001.
Notice — Definition of Newspaper of General Circulation, IAS_I-1142-002.
Notice — Proposed Amendment Rescinded After Defect In Is Discovered, IAS_I-1143-001.
Notice — Requirements Exhaustively Explored, IAS_I-1144-001.
Public Participation Requirement — Named Individual Within An Assoc. Withdraws, IAS_I-1145-001.
Public Participation Requirement Examined & Found to Be Procedural, IAS_I-1146-003.
Standing — Association — Named Individual Withdraws Midstream, IAS_I-1147-002.
Standing — Association — Neighborhood, IAS_I-1148-001.
Standing — Association — Residency Requirements, IAS_I-1149-001.
Standing — Association, IAS_I-1150-001.
Standing — Broader Under §163 Than §120 Generally, IAS_I-1151-002.
Standing — Citizens, IAS_I-1152-001.
Standing — Improper DOAH Finding of Found to Constitute Reversible Error, IAS_I-1153-001.
Standing — Mere Participation In the Local Planning Process Alone Is Insufficient, IAS_I-1154-001.
Standing — Neighboring Municipality, IAS_I-1155-001.
Legislatively Sets a Zoning Norm For Each Zone, IAS_I-1156-001.
Less Populated Area of the State —
More Flexible Review to Be Accorded Discussed, IAS_I-1157-002.
Local Government Retains Considerable Discretion, IAS_I-1158-001.
Natural Resource Issues —
State Regulatory Programs Do Not Allow Local Government to Ignore, IAS_I-1159-002.
Oral Argument Before the Secretary Denied, IAS_I-1160-001.
Planning Decisions Can Be Deferred Until Subsequent Land Development Regulations Are Promulgated, IAS_I-1161-001.
Prisons — Can Be Compatible In Either Urban or Rural Settings, IAS_I-1162-001.
Purpose of —
Permitting Issues Are Not Pertinent, IAS_I-1163-001.
Planning For — Not Permitting For — Growth, IAS_I-1164-001.
Requisite Data, Studies, etc. —
Best Available Data At Time Plan Is Developed Is to Be Utilized, IAS_I-1165-001.
In Support of, IAS_I-1166-006.
Requisite Elements of Discussed, IAS_I-1167-001.
Requisite Data, Studies, etc. —
Best Available Data At Time Plan Is Developed Is to Be Utilized, IAS_I-1168-001.
State Comprehensive Plan Requires the Protection of Unique Natural Habitats & Functioning Ecological Systems, IAS_I-1169-001.
Urban Sprawl —
Consideration of Exhaustively Explored, IAS_I-1170-001.
Dept. Rulemaking Initiatives In This Area Examined, IAS_I-1171-001.
Relationship of Prisons to, IAS_I-1172-001.
Comprehensive Plan — Brevard County — Intervenor Challenge to Amendment, IAS_I-1173-001.
Comprehensive Plan — Brevard County — Intervenor Challenge, IAS_I-1174-001.
Comprehensive Plan — Broward County — Intervenor Challenge to Amendment, IAS_I-1175-002.
Comprehensive Plan — City of Daytona Beach — Intervenor Challenge to Amendment, IAS_I-1176-001.
Comprehensive Plan — City of Destin — Intervenor Challenge to Amendment, IAS_I-1177-002.
Comprehensive Plan — City of Gainesville — Intervenor Challenge, IAS_I-1178-001.
Comprehensive Plan — City of Hialeah — Intervenor Challenge to Amendment, IAS_I-1179-001.
Comprehensive Plan — City of Jacksonville — Intervenor Challenge, IAS_I-1180-001.
Comprehensive Plan — City of New Port Richey — Intervenor Challenge to Amendment, IAS_I-1181-001.
Comprehensive Plan — City of St. Augustine — Intervenor Challenge, IAS_I-1182-001.
Comprehensive Plan — Collier County — Intervenor Challenge to Amendment, IAS_I-1183-001.
Comprehensive Plan — Gilchrist County — Intervenor Challenge to Amendment, IAS_I-1184-001.
Comprehensive Plan — Hernando County — Intervenor Challenge to Amendment, IAS_I-1185-001.
Comprehensive Plan — Highlands County — Intervenor Challenge to Amendment, IAS_I-1186-001.
Comprehensive Plan — Lake County — Intervenor Challenge to Amendment, IAS_I-1187-001.
Comprehensive Plan — Lee County — Intervenor Challenge to Settlement with Dept., IAS_I-1188-001.
Comprehensive Plan — Marion County — Intervenor Challenge to Amendment, IAS_I-1189-002.
Comprehensive Plan — Martin County — Intervenor Challenge to Amendment, IAS_I-1190-001.
Comprehensive Plan — Monroe County — Portions of Plan Approved By Rule, IAS_I-1191-001.
Comprehensive Plan — Orange County — Intervenor Challenge to Amendment, IAS_I-1192-001.
Comprehensive Plan — Santa Rosa County — Intervenor Challenge to Remedial Amendments, IAS_I-1193-001.
Comprehensive Plan — Sarasota County — Intervenor Challenge to Amendment, IAS_I-1194-001.
Comprehensive Plan — Sumter County — Intervenor Challenge to Amendment, IAS_I-1195-001.
Comprehensive Plan — Sumter County — Intervenor Challenge, IAS_I-1196-001.
Comprehensive Plan — Suwannee County — Intervenor Challenge to Amendment, IAS_I-1197-001.
Comprehensive Plan — Town of McIntosh — Intervenor Challenge, IAS_I-1198-001.
Comprehensive Plan — Wakulla County — Intervenor Challenge to Amendment, IAS_I-1199-001.
Declaratory Statements (See Also DECLARATORY STATEMENTS) —
Finding That East Coast Regional Wastewater Facilities Operation Board Was Not a Special District —
This Finding Upheld — Additional Findings Found Beyond Comm. Jurisdiction, IAS_I-1200-001.
Special Districts —
Classification of — Must Be a Local Unit of Special-Purpose Government, IAS_I-1201-001.
Not-For-Profit Corporate Status Discussed, IAS_I-1202-001.
Emergency Management Preparedness & Assistance Trust Fund —
Citrus County —
Proposed Scores Reduced, IAS_I-1203-001.
City of Key West —
Application Denied, IAS_I-1204-001.
Federal Disaster Assistance Funds Distribution —
Challenge to By Holmes, Washington, & Gulf Counties, IAS_I-1205-001.
Review of the Federal Funding Program, IAS_I-1206-001.
Fla. Hazardous Materials/Emergency Response/Community Right-to-Know Act —
Challenge to Late Fee For Untimely Filing Rejected, IAS_I-1207-001.
Fla. Housing Finance Agency —
Denial of Application For Low-Income Housing Credit Reversed, IAS_I-1208-001.
Florida Communities Trust —
Award to City of Titusville —
Intervenor/Taxpayer Protest Dismissed For Lack of Standing, IAS_I-1209-001.
Challenges to Development Orders In Any Area of Critical State Concern, IAS_I-1210-001.
Enforcement of Local Development Orders Discussed, IAS_I-1211-001.
Local Development Order (See Also COUNTY GOVERNMENT) —
§380.06 Does Not Require Establishment of a Build-Out Date, IAS_I-1212-001.
Alteration of County Road By Local Developer —
Petition Challenging Dismissed For Lack of Jurisdiction, IAS_I-1213-001.
Comm. Lacks Jurisdiction to Review, IAS_I-1214-001.
Rules of Construction Discussed, IAS_I-1215-001.
Notice of Violation —
Dept. Has the Burden of Proof, IAS_I-1216-001.
Development Order — Leon County —
Failure to Comply With Build-Out Date, IAS_I-1217-001.
Failure to Connect With Central Sewer System, IAS_I-1218-001.
Development of Residential Subdivision In Violation of Buildout Date & Central Sewer System Requirement In Local Development Order, IAS_I-1219-001.
Special Districts (See Also CONSTITUTION (Fla); Declaratory Statements) —
Classification of —
Dependent District — Ten Mill Cap On Property Tax Upheld, IAS_I-1220-001.
Dependent Special Districts Discussed, IAS_I-1221-001.
Independent Special Districts Discussed, IAS_I-1222-001.
Statutory Intent of §200.071(2) Examined, IAS_I-1223-001.
Susceptibility to Being Reorganized As Independent Found Immaterial, IAS_I-1224-001.
Entities Created By Interlocal Agreement Discussed, IAS_I-1225-001.
Legislative History Regarding Examined, IAS_I-1226-001.
Millage Limitations —
Calculation of Examined, IAS_I-1227-001.
Abandoned Property —
Status of $10.00 Gift Certificate Purchased After 5/15/89, IAS_I-1228-001.
A Creature of Statute, IAS_I-1229-001.
Bd. of Directors —
Removal of Directors, IAS_I-1230-001.
Removal of Officers, IAS_I-1231-001.
Common Elements —
Exclusive Rights of Unit Owner to In Accordance With Declaration, IAS_I-1232-001.
Forfeiture of Rights to Prohibited, IAS_I-1233-001.
Marina — Privileges At Cannot Be Revoked, IAS_I-1234-001.
Community Council Can Operate Through Representatives, IAS_I-1235-001.
Limitations on Enforcement Powers, IAS_I-1236-001.
Status of Community Council As, IAS_I-1237-001.
Declaration of Condominium –
Div. Lacks Authority to Interpret Ambiguous Provisions, IAS_I-1238-001.
Incorporation of Future Statutory Amendments, IAS_I-1239-001.
Statute In Effect At Time of Recording Is Applicable, IAS_I-1240-001.
Community Assoc. Manager —
Diversion of Association Funds, IAS_I-1241-001.
Access to Courts —
Abolition of Affirmative Defenses to Tort Liability Does Not Offend, IAS_I-1242-001.
Administration Comm. (See Also ADMINISTRATION Comm.) —
Lacks Power to Reduce Legislative Appropriations to Cover Revenue Shortfall, IAS_I-1243-001.
Agencies Cannot Impose Imprisonment Or Any Other Penalty Not Expressly Authorized By Statute, IAS_I-1244-001.
Agency Heads Are Public Officers Commissioned By Governor & Confirmed By the Senate —
Authority to Exercise Portion of Sovereign Power Noted, IAS_I-1245-001.
Amendment By Voter Initiative (See Also CITY GOVERNMENT, Ballot Referendums) —
§16.001 & § 101.161 — Constitutional Challenges to Not Entertained, IAS_I-1246-001.
Appellate Review — Supreme Court (See Also APPELLATE REVIEW) —
Scope of Examined, IAS_I-1247-001.
Ballot Title & Summary — Desirability of Governmental Regulation of Suggested By Fla. Supreme Ct., IAS_I-1248-001.
Ballot Title & Summary Are to Be Read Together, IAS_I-1249-001.
Ballot Title & Summary Found Adequate, IAS_I-1250-004.
Ballot Title & Summary Found Inadequate, IAS_I-1251-002.
Ballot Title & Summary Found Misleading — With Analysis, IAS_I-1252-001.
Ballot Title & Summary Must Afford Fair Notice, IAS_I-1253-001.
Construction (See Also Construction; STATUTES) —
Amendment Should Be Construed As a Whole, IAS_I-1254-001.
Less Latitude Than For Statutes, IAS_I-1255-001.
Nothing Logically Relevant Should Be Excluded, IAS_I-1256-001.
Ridiculous Result Necessarily Erroneous, IAS_I-1257-001.
Each Amendment Is to Be Reviewed With Extreme Care, Caution & Restraint, IAS_I-1258-001.
Everglades Sugar Fee/Everglades Trust Fund/Responsibility For Paying Costs, IAS_I-1259-001.
Inapposite Date-Specific Deadline Is of No Consequence — Use of Date-Specific Deadlines Questioned, IAS_I-1260-001.
Initiative Cannot Alter or Usurp Power From Multiple Branches of State Government, IAS_I-1261-001.
Marine Net Ban Initiative —
Found Valid, IAS_I-1262-001.
Methodology For Measuring Trawl Nets, IAS_I-1263-001.
Motion to Expedite Briefing & Oral Argument Schedule Denied, IAS_I-1264-002.
Save Our Everglades Trust Fund Initiative —
Motion to Expedite Briefing & Oral Argument Schedule Denied, IAS_I-1265-002.
Second Review By Supreme Court Found Warranted Under the Circumstances, IAS_I-1267-001.
Single-Subject Test (See Also Legislature, Appropriations, Statutes; STATUTES, Constitutionality) —
Affect On Multiple Branches of Government, IAS_I-1268-001.
Applies Only to Amendment By Voter Initiative, IAS_I-1269-001.
De Minimus Wording Changes Midstream, IAS_I-1270-001.
Discussed & Found Satisfied, IAS_I-1271-003.
Discussed & Found Violated, IAS_I-1272-001.
Interaction With Other Constitutional Provisions, IAS_I-1273-001.
Purpose of Discussed, IAS_I-1274-003.
Standards Governing Review of, IAS_I-1275-003.
Stop Early Release of Prisoners — Initiative Found Valid After Amendment, IAS_I-1276-001.
Supreme Court Is Without Authority to Rule On the Merits of the Proposal, IAS_I-1277-002.
Use of a Question In Ballot Title or Summary Is Dubious But Not Misleading Per Se, IAS_I-1278-001.
Amendment of —
Four (4) Avenues For Examined, IAS_I-1279-001.
Authority of An Agency to Define Elements of a Crime —
Exhaustively Explained, IAS_I-1280-001.
Class Actions —
Proper Vehicle For Constitutional Challenges, IAS_I-1281-001.
Common Law —
Defined & Discussed, IAS_I-1282-001.
Reliance On Examined, IAS_I-1283-001.
Constitutional Officers —
Governor’s Power to Suspend Examined, IAS_I-1284-001.
Prohibition On Holding Dual Offices Explored, IAS_I-1285-002.
Construction (See Also Amendment By Voter Initiative, STATUTES) —
Contemporaneous Construction of By Statute Presumed Correct, IAS_I-1286-001.
Courts Defer to Legislative Determinations, IAS_I-1287-001.
Impossible Or Irrational Constructions Will Not Be Utilized to Salvage a Defective Provision, IAS_I-1288-001.
County Officers —
Governor’s Power to Suspend Examined, IAS_I-1289-001.
Prohibition On Holding Dual Offices Explored, IAS_I-1290-001.
District Officers —
Governor’s Power to Suspend Examined, IAS_I-1291-001.
Double Jeopardy — Criminal Plea As Basis For Discipline —
Administrative Discipline Based On Related Criminal Charges Does Not Constitute, IAS_I-1292-001.
Discipline Based On a Criminal Charge That Was Dropped, IAS_I-1293-001.
Multiple Penalties For a Single Offense, IAS_I-1294-001.
Out-of-State Discipline, IAS_I-1295-001.
Due Process (See Also CONSTITUTION (U.S.); PRACTICE & PROCEDURE) —
Abolition of Affirmative Defenses to Tort Liability Does Not Offend, IAS_I-1296-001.
Challenges to Statute As Void For Vagueness, IAS_I-1297-001.
Persons Only – Not Governmental Entities – Are Protected By, IAS_I-1298-001.
Right to Have Disciplinary Action Expeditiously Prosecuted, IAS_I-1299-001.
Vague Statute Found to Violate, IAS_I-1300-001.
Employee Right to Collectively Bargain (See Also PUBLIC EMPLOYEES) —
Constitutional Guarantee Explored, IAS_I-1301-001.
Public Employee Rights Are Identical to Private Employees, IAS_I-1302-001.
Free & Uniform Public Schools —
Caselaw From Other States Is of Limited Value, IAS_I-1303-001.
Constitutional Challenge to Funding of As Inadequate Reversed, IAS_I-1304-001.
Historical Evolution of Fla. Constitutional Provision Examined, IAS_I-1305-001.
Supreme Court Declines Opportunity to Define This, Leaving It to the Legislature, IAS_I-1306-001.
Supreme Court Discusses Standards Governing, IAS_I-1307-001.
Supreme Court Rejects Constitutional Challenge to Level of Funding, IAS_I-1308-001.
Cruise Ship Gambling, IAS_I-1309-001.
Internet Gambling, IAS_I-1310-001.
Interrelationship Between Federal & State Law On the Subject, IAS_I-1311-001.
Governor (See Also GOVERNOR)
Governor’s Appointment Perrogative (See Also GOVERNOR) —
Deep-Rooted Philosophy In Favor of, IAS_I-1312-001.
Governor’s Power to Suspend Both County & District Officers Explored, IAS_I-1313-001.
Governor’s Power to Suspend School Board Members Examined, IAS_I-1314-001.
Home Rule Power (See Also COUNTY GOVERNMENT) —
Implications For Local Land Regulation & Comprehensive Planning Examined, IAS_I-1315-001.
Road Project Across Municipal Boundaries — State Intervention, IAS_I-1316-001.
Impairment of Contract (See Also CONSTITUTION (U.S.)) —
Large Surety Bond As Condition Precedent For Oil & Gas Lease, IAS_I-1317-002.
Modification of Perpetual Oyster Harvesting Leases By Statute, IAS_I-1318-001.
Interlocal Agreements Transferring Power —
Requirement For a Referendum, IAS_I-1319-001.
Judicial Branch of Government —
Access To —
Constitutional Guarantee Examined, IAS_I-1320-001.
Judicial Duty to Guarantee Examined, IAS_I-1321-001.
Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IAS_I-1322-001.
Clerk of Circuit Court —
Applicability of §119 Public Records Act, IAS_I-1323-002.
Immunity From Legislative Oversight Examined, IAS_I-1324-002.
Status As Autonomous Elected County Officer Within the Judicial Branch of Government, IAS_I-1325-002.
Amendment By Reference — Prohibition On, IAS_I-1326-001.
Appropriations Bill Cannot Amend An Existing Law On a Subject Other Than Appropriations, IAS_I-1327-003.
Appropriations Defined, IAS_I-1328-001.
Are Valid Only For the Term of the Pertinent Fiscal Year, IAS_I-1329-001.
Constitutional Challenge to Funding of Public Schools As Inadequate Rejected, IAS_I-1330-001.
Exclusive Prerogative Of The Legislature Noted, IAS_I-1331-001.
Governor’s Petition to Strike Certain Proviso Language Granted By the Supreme Court, IAS_I-1332-003.
Implementing Bill Discussed, IAS_I-1333-001.
Judiciary Cannot Usurp the Power to Appropriate, IAS_I-1334-001.
Lottery Proceeds — Legislature Has the Exclusive Authority to Determine the Ultimate Disposition of, IAS_I-1335-001.
Offending Section of a Bill Can Be Severed, IAS_I-1336-001.
Single-Subject Requirement (See Also Amendment By Voter Initiative)
Single Subject Requirement Examined, IAS_I-1337-003.
Substantive Law May Properly Contain An Appropriation, IAS_I-1338-001.
Election Campaign Financing —
Constitutional Challenge To §106.32(1) Rejected, IAS_I-1339-001.
Houses of May Be Joined In Constitutional Litigation By & Through Their Presiding Officers, IAS_I-1340-001.
Prerogative to Tax Explored, IAS_I-1341-001.
Limitation On Growth In State Revenues —
Absence of Implementing Bill Noted, IAS_I-1342-001.
Residential Property & Casualty Joint Underwriting Assoc. —
Monies Collected Are Not Considered State Revenue or General Funds, IAS_I-1343-001.
Not Performing a Traditional Governmental Function, IAS_I-1344-001.
Limitation On the Number of Executive Branch Departments — 25 —
Agency For Health Care Administration (AHCA) —
An Independent Agency Within the Department of Professional Regulation, IAS_I-1346-001.
Found Not to Violate, IAS_I-1347-001.
Departments Cannot Be Hodge Podges, IAS_I-1348-001.
Departments Must Be Comprised of Functionally Similar Agencies, IAS_I-1349-001.
Legislature Cannot Prevent Executive Branch Agency From Reporting Directly to the Governor, IAS_I-1350-001.
Nondelegation of Legislative Power —
Statute Found Not to Offend This Provision, IAS_I-1353-001.
Violation of This Doctrine Found, IAS_I-1354-001.
Police Power — State of Fla.
Environmental & Land Use Regulation —
As Applied Constitutional Challenge, IAS_I-1355-001.
Balancing of Private Property Rights & Public Interest Discussed, IAS_I-1356-002.
Constitutional Protection of Property Rights Surveyed, IAS_I-1357-002.
Due Process Analysis, IAS_I-1358-001.
Environmental Degradation — Evils of Examined, IAS_I-1359-001.
Equal Protection Analysis, IAS_I-1360-001.
Protection of Endangered Animal Species, IAS_I-1361-001.
Society Is the Steward But Not the Unreasoning Overlord, IAS_I-1362-001.
Voter Initiative Cannot Usurp Agency Jurisdiction, IAS_I-1363-001.
Rezoning By Local Government —
Balancing of Private Property Rights & Public Interest Discussed, IAS_I-1364-001.
Presumptions (See Also PRACTICE & PROCEDURE, Evidence) —
§90.302 Provisions Examined, IAS_I-1365-001.
Defined & Discussed, IAS_I-1366-001.
Creation of Reserved to Courts and Legislative, IAS_I-1367-001.
Unconstitutional Per Se, IAS_I-1368-002.
Those Which Shift Burden of Proof Express Social Policies, IAS_I-1369-001.
Prohibition On Dual Office Holding (Sec. 5(a), Art. II) Examined & Found Applicable, IAS_I-1370-002.
Right To Jury Trial —
Federal Caselaw Found Analogous, IAS_I-1371-002.
Fla. Constitution Preserves This Right As It Existed In 1845, IAS_I-1372-001.
Flows From the Existence of Such a Right At Common Law, IAS_I-1373-001.
Not Limited to Proceedings Existent Prior to Fla. Constitution, IAS_I-1374-001.
Revenue — Exhaustively Explored, IAS_I-1375-001.
Revenue — None In Challenge to Nonjudicial Tax Assessment, IAS_I-1376-001.
Revenue — Right to Found In Challenge to Penalty For Fraud, IAS_I-1377-001.
Right to Privacy —
Elements of This Cause of Action Examined, IAS_I-1378-001.
Governmental Intrusion Distinguished From An Individual State Employee’s Actions Outside the Scope of Their Employ, IAS_I-1379-001.
HRS Policy Disqualifying Homosexuals As Foster Parents Found to Violate, IAS_I-1380-001.
Reasonable Expectation of Must Be Established, IAS_I-1381-001.
Separation of Powers —
Circuit Court Dismissal of HRS Dependency Action Found to Violate, IAS_I-1382-001.
Courts Will Not Second Guess Policy Choices of State Agencies Overseen By the Legislature, IAS_I-1383-001.
Judicial Review of Level of Appropriations For Education Is Quite Limited, IAS_I-1384-001.
Proposed Voter Initiative Found to Violate This Doctrine, IAS_I-1385-001.
This Mandate Is To Be Strictly Construed, IAS_I-1386-001.
Sovereign Immunity (See Also CONSTITUTION (U.S.)) —
§373.443 Found Not To Immunize Water Management Dist. From Liability For Negligence In Operational-level Activities, IAS_I-1387-001.
Civil Suit Against HRS For Injuries to Client At HRS-Licensed Facility Dismissed, IAS_I-1388-001.
Does Not Insulate a State From Constitutional Challenges, IAS_I-1389-001.
Special District (See Also COMMUNITY AFFAIRS, Dept. of) —
Cap On Property Tax Millage Upheld, IAS_I-1390-001.
Statutes (See Also STATUTES, Constitutionality)
Agencies and Public Officers Are Usually Prohibited From Challenging Laws They Are Bound to Apply, IAS_I-1391-001.
Arbitrary — Standard For Determining As Unconstitutional, IAS_I-1392-001.
As Applied Vis Facial Constitutionality, IAS_I-1393-001.
General Vis Special Laws (See Also STATUTES), IAS_I-1394-001.
Judicial Finding That New Statute Is Unconstitutional Revives the Predecessor Statute, IAS_I-1395-001.
Matters Within a Statute Must Have a Natural & Logical Connection, IAS_I-1396-001.
Presumed to Be Constitutional, IAS_I-1397-003.
Rule of Constitutional Law Broader Than Required Is Never Formulated, IAS_I-1398-001.
Severability of Defective Provisions Discussed, IAS_I-1399-001.
Severability of Unconstitutional Provision of a General Law, IAS_I-1400-001.
Single Subject Rule (See Also Amendment By Voter Initiative; STATUTES, Constitutionality) —
Single Subject Rule Exhaustively Explored, IAS_I-1401-001.
Single Subject Rule Found Not Violated —
Surcharge On Oysters Harvested From Apalachicola Bay, IAS_I-1402-001.
Single Subject Rule Inapplicable to Sections of the Fla. Statutes, IAS_I-1403-001.
Must Briefly State the Subject Matter of the Law, IAS_I-1404-001.
Purpose — To Put Interested Persons On Notice of the Subject Matter, IAS_I-1405-001.
Vagueness (See Also RULES & RULEMAKING; STATUTES) —
Criminal/Administrative/Ethics Statutes Compared, IAS_I-1406-001.
Due Process Protection Against Examined, IAS_I-1407-001.
Test For Examined, IAS_I-1408-001.
Vagueness — Absence of Criminal Sanctions Is Germane, IAS_I-1409-001.
Vagueness — Penal Provisions, IAS_I-1410-001.
Vagueness — Statute Found to Violate Prohibition On, IAS_I-1411-002.
Vagueness — Test For Examined, IAS_I-1412-001.
Taxation (See REVENUE, Dept. of, Taxing Enactment; TAXATION)
Trust Funds of the State of Fla. —
Constitutional Limitation On Creation of Examined, IAS_I-1413-002.
Vagueness (See STATUTES)
Access to Courts —
Mechanical Application of Statutory Bond Requirement Found to Violate — Tax Challenge, IAS_I-1414-001.
Amendment By Voter Initiative (See Also CONSTITUTION (Fla.)) —
Exact Letter of Provision Must Be Followed, IAS_I-1415-001.
Extrinsic Guidelines Cannot Defeat Express Language, IAS_I-1416-001.
Intent of Framers Is Not Controlling, IAS_I-1417-001.
Class Actions —
Proper Vehicle For Constitutional Challenges, IAS_I-1418-001.
Commerce Clause —
Agency for Health Care Administration (AHCA) Preference For Independent Pharmacies, IAS_I-1419-002.
Alcohol Produced From Locally Grown Products — Exemption Found to Violate, IAS_I-1420-001.
Distinction Between State Taxation & Regulation Examined, IAS_I-1421-001.
Impact Fee On Motor Vehicles Previously Titled or Registered Out-of-State, IAS_I-1422-001.
Improper Discriminatory Impacts Discussed, IAS_I-1423-001.
Legislation Impacting Interstate Commerce Must Be Narrowly Drawn, IAS_I-1424-001.
Legitimate Local Purpose —
Access to Affordable Health Care, IAS_I-1425-001.
Protection of Small Business, IAS_I-1426-001.
Only “Incidental” Effects On Interstate Commerce Found, IAS_I-1427-002.
Requisite Nexus With Fla. Discussed, IAS_I-1428-003.
Rule Found Not to Violate, IAS_I-1429-001.
Standards Governing Challenges Under Examined, IAS_I-1430-007.
Due Process (See Also CONSTITUTION (Fla.); PRACTICE & PROCEDURE) —
Extinguishment of Property Rights, IAS_I-1431-001.
Federal Caselaw Regarding Surveyed, IAS_I-1432-001.
Persons Only – Not Governmental Entities – Are Protected By, IAS_I-1433-001.
Proposed Rule Challenge, IAS_I-1434-001.
Substantive — Ripeness Test Examined, IAS_I-1435-001.
Equal Protection Clause —
Differing Regulatory Scheme In Florida Alone Does Not Violate, IAS_I-1436-001.
Proposed Rule Challenge, IAS_I-1437-001.
Rational Basis Test Explored, IAS_I-1438-001.
Retaliatory Tax On Foreign Insurers Found Not to Violate, IAS_I-1439-001.
Establishment Clause —
Public School Celebration of Halloween Found Not to Violate, IAS_I-1440-001.
Standards Governing These Challenges Examined, IAS_I-1441-001.
Ex Post Facto Law (See Also STATUTES, Retroactive Application) —
Procedural Statute Cannot Violate Even If Retroactive, IAS_I-1442-001.
Retroactive Application of Amendment to Provisional Credit Prison Statute, IAS_I-1443-001.
Retroactive Application of Penal Statute, IAS_I-1444-001.
Statute Found Not to Violate Prohibition On, IAS_I-1445-001.
Fifth Amendment —
Availability of Entrapment Defense In Administrative Proceedings Questioned But Not Reached, IAS_I-1446-001.
Fla. Jeopardy Tax On Controlled Substances Found to Violate, IAS_I-1447-001.
First Amendment —
Commercial Speech —
DOI Restrictions On Advertising of Insurance Products By Financial Institutions, IAS_I-1448-001.
Test For Measuring Restrictions On, IAS_I-1449-003.
Three (3) Part Test For Measuring Restrictions On, IAS_I-1450-001.
Commercial Speech Is Protected, IAS_I-1451-001.
Gambling On, IAS_I-1452-001.
Mechanics of Examined, IAS_I-1453-001.
Regulation of Found Beyond the Reach of State Government, IAS_I-1454-001.
Prior Restraint Disfavored —
Campaign Finance Law, IAS_I-1455-001.
Exhaustively Explored, IAS_I-1456-001.
Presumptively Unconstitutional, IAS_I-1457-001.
Statutory Prohibition On Canvassing For Hearing Aid and Customers, IAS_I-1458-001.
Test For Violation of, IAS_I-1459-001.
Fourth Amendment —
Exclusion of Evidence In Criminal Case Can Be Applicable to Parallel Administrative Case, IAS_I-1460-001.
Exclusion of Evidence In Criminal Case Found Inapplicable to Parallel Administrative Case, IAS_I-1461-001.
Exclusion of Evidence In Criminal Case Involving An Administrative Agency, IAS_I-1462-001.
Impairment of Contract (See Also CONSTITUTION (Fla.)) —
Claim of Rejected, IAS_I-1463-001.
Privilege Against Self-Incrimination —
Bd. of Medicine Cannot Divest By Rule —
Sexual Relationships With Patients, IAS_I-1464-001.
Can Be Waived By Licensee, IAS_I-1465-001.
Caselaw Regarding Examined, IAS_I-1466-001.
Deposition — There Is No Blanket Protection, IAS_I-1467-001.
Inapplicable In Administrative Proceedings, IAS_I-1468-002.
Jeopardy Tax — Dept. of Revenue, IAS_I-1469-001.
Sovereign Immunity (See Also CONSTITUTION (Fla.)) —
Does Not Insulate a State From Constitutional Challenges, IAS_I-1470-001.
Supremacy Clause —
Rule Found Not to Violate, IAS_I-1471-001.
States Cannot Require Federal Employees to Obtain State License Absent Federal Waiver, IAS_I-1472-001.
Taking (See TAKING)
Air Conditioner Duct Cleaners —
Statutory Definition of “Contractor” Examined, IAS_I-1473-001.
Bd. Suspension Reversed Upon DBPR Confession of Error, IAS_I-1474-001.
Local Authority to Regulate —
Persons Working Under State Certified or Registered Contractors, IAS_I-1475-001.
Recent Statutory Amendment Examined, IAS_I-1476-001.
Swimming Pool Cleaning Services —
Definition of “Contractor” Examined & Found to Be Inapposite, IAS_I-1477-001.
Inapplicable to Contracts Not Expressly Made Subject to, IAS_I-1478-001.
Inapplicable to Procurement of Legal Services, IAS_I-1479-001.
Legal Services Contract Exempt From Competitive Bidding, IAS_I-1480-001.
Part I Is Expressly Limited to the Executive Branch of State Government, IAS_I-1481-001.
Single-Source Exemption From Discussed, IAS_I-1482-001.
Voluntary Utilization of Requires Complete Compliance With Mandates of, IAS_I-1483-001.
Agency Has Wide Discretion In Awarding Competitive Bids, IAS_I-1484-010.
Agency Is Responsible For Insuring That the Integrity of the Competitive Bidding Process Is Maintained, IAS_I-1485-001.
Agencies Are Without Jurisdiction to Adjudicate Claims Regarding, IAS_I-1486-001.
Agencies Are Without Jurisdiction to Adjudicate Their Own Liability to Outside Parties, IAS_I-1487-003.
Agencies Are Without Jurisdiction to Enforce Contracts Between Private Parties, IAS_I-1488-001.
Agriculture (See AGRICULTURE & CONSUMER SERVICES, Dept. of)
Appellate Review —
Direct Review By Writ of Mandamus Denied, IAS_I-1489-001.
Stay Imposed During Administrative Protest, IAS_I-1490-001.
Arbitrary & Capricious (See Also RULES & RULEMAKING)
Arbitrary Agency Action Defined, IAS_I-1491-003.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§120.57(1)(b)(10) — Awarded, IAS_I-1492-001.
§57.111 — Exclusive DOAH Jurisdiction Cannot Be Circumvented By Agency Dismissal, IAS_I-1493-001.
§57.111 Is Applicable, IAS_I-1494-001.
Agency Gross Abuse of Discretion, IAS_I-1495-001.
Agency Motion For Denied, IAS_I-1496-001.
Banking & Finance —
Div. of Finance —
Auctioneer Services For Abandoned Property, IAS_I-1498-001.
Bids (See Also Material Irregularities, Minor Irregularities, Rejection of All Bids) —
Alleged Nonresponsiveness Rejected, IAS_I-1499-001.
Cost Analysis —
Limited to Price, IAS_I-1500-001.
Present Value Analysis Found Required By Statute, IAS_I-1501-001.
No Right to Withdraw, IAS_I-1502-001.
Notice of Bid Decision (See Notice of Bid Decision)
Rejection of All Bids, IAS_I-1503-001.
There Is a Strong Policy Favoring the Low Bidder, IAS_I-1504-001.
Bond Requirement —
Dismissal of Protest Predicated On Failure to Post Bond Reversed, IAS_I-1505-001.
Rules Regarding Examined, IAS_I-1506-001.
Circuit Court Denial of Dept. Interlocutory Challenge to Venue Reversed, IAS_I-1507-001.
Office Space, IAS_I-1508-001.
Convicted Vendors List (See Public Entity Crime)
DEP (Dept. of Environmental Protection) —
Herbicide Treatment of Exotic Vegetation, IAS_I-1509-001.
Land Surveying, IAS_I-1510-001.
Decertification From Approved Vendors List —
Agency Burden of Proof Is By Clear & Convincing Evidence, IAS_I-1511-001.
Imposed Until Contractual Dispute Resolved to Agency Satisfaction — DEP, IAS_I-1512-001.
Dispute Resolution —
Alternative Dispute Resolution Process —
Agencies Are Not Presumptively Biased, IAS_I-1513-001.
Contractual Provision For Found Binding, IAS_I-1514-001.
Statutory Grant of Power to Contract Connotes Power to Compel Arbitration, IAS_I-1515-001.
Florida A & M University —
Renovation of Football Stadium, IAS_I-1516-001.
HRS (See Also HRS, Dept. of) —
Canteen Services, IAS_I-1517-001.
Child Support Enforcement Legal Services (See Also REVENUE, Dept. of), IAS_I-1518-002.
Computer Drives & Controllers For “Florida System”, IAS_I-1519-001.
Computer Programming Services — Child Support Enforcement, IAS_I-1520-001.
Full Service Hardware Maintenance For Videos, Printers, Microcomputers, etc., IAS_I-1521-001.
Housekeeping Services For South Florida State Hospital, IAS_I-1522-002.
Laboratory Services For Medical Clinics, IAS_I-1523-001.
Laboratory Services, IAS_I-1524-001.
Lease of Office Space —
Distinction Between Existing Space & New Turn Key Construction, IAS_I-1525-001.
Lease of Office Space, IAS_I-1526-003.
Onsite Sewage Treatment & Disposal Research In Fla. Keys, IAS_I-1527-001.
Painting of Interior of Office Building, IAS_I-1528-001.
Psychogeriatric Medical & Health Care Services — Found Exempt From §287 Protests, IAS_I-1529-001.
Renovations & Modifications to the Heating, Cooling & A/C Systems At Community Mental Health Facility, IAS_I-1530-001.
Waste Disposal Services At State Hospital, IAS_I-1531-001.
Health Care Administration, Agency For (AHCA) —
Actuarial Consulting Services, IAS_I-1532-001.
Administration of Health Insurance Program for State Employees, IAS_I-1533-001.
Identification & Recoupment of Medicaid Overpayments, IAS_I-1534-001.
Mental Health Services In District VI, IAS_I-1535-001.
Prepaid Health Coverage, IAS_I-1536-001.
Prepaid Mental Health Services, IAS_I-1537-001.
Transportation Services, IAS_I-1538-001.
Pharmacy Services for State Employees Covered By Self-Insurance Plan, IAS_I-1539-002.
Juvenile Justice —
DOAH Dismisses Challenge to Dept. Recission of Boot Camp Contract For Lack of Jurisdiction, IAS_I-1540-001.
Lease of Office Space, IAS_I-1541-001.
Labor & Employment Security —
Maintenance of Data Storage & Computer Equipment, IAS_I-1542-001.
Legal Services — Outside —
Exempt From Competitive Bidding Requirements, IAS_I-1543-001.
Management Services —
Paper Towels For All Agencies — Challenge By 3rd Party Supplier, IAS_I-1544-001.
Material Irregularities —
Minor Irregularities —
Agency Discretion to Waive, IAS_I-1546-003.
Agency Rejection of DOAH Finding Regarding Reversed, IAS_I-1547-001.
Defined & Discussed, IAS_I-1548-005.
Should Not Be Utilized to Disqualify the Low Bidder, IAS_I-1549-001.
Minor Vis Material Irregularities —
Distinction & Definitions Examined, IAS_I-1550-002.
Agency Has Discretion to Determine Legal Sufficiency Prior to Referring Case to DOAH, IAS_I-1551-002.
All Bids Need Not Be Reevaluated Simply Because Some Arbitrary Agency Action Was Found, IAS_I-1552-001.
Arbitrary Agency Action Discussed, IAS_I-1553-003.
Burden of Proof (See Also PRACTICE & PROCEDURE) —
Preponderance of the Evidence, IAS_I-1554-002.
Burden of Proof, IAS_I-1555-002.
Circuit Court Injunction Pending Outcome of Protest Vacated, IAS_I-1556-001.
Competing Bidder’s Past Performance On Other Projects Is Not Relevant, IAS_I-1557-001.
Exemption In §287 Found to Preclude — HRS, IAS_I-1558-001.
Factual Dispute Regarding a Clear Point of Entry Requires a Hearing, IAS_I-1559-001.
Failure to Post Requisite Bond Found Fatal To, IAS_I-1560-001.
Failure to Post Requisite Bond Is Not Jurisdictional, IAS_I-1561-001.
Groves-Watkins Found Applicable to, IAS_I-1562-002.
Notice of Bid Decision (See Also Bids) —
Actual Notice Is Required, IAS_I-1563-001.
Agency Has Burden of Proof, IAS_I-1564-001.
Constructive Notice Is Disfavored, IAS_I-1565-001.
Mere Posting Is Not Statutorily Preferred, IAS_I-1566-001.
Protestant Has No Duty To Phone In Every Day, IAS_I-1567-001.
Standard of DOAH Review —
Analogous to Circuit Court Review of Local Governmental Contracts, IAS_I-1568-001.
DOAH Finding of Fraud, etc. Rejected By HRS, IAS_I-1569-001.
Groves-Watkins Found Applicable To, IAS_I-1570-002.
Solely to Ascertain Fraudulent, Arbitrary, Illegal Or Dishonest Agency Action, IAS_I-1571-023.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Appellate Court Declines to Broaden, IAS_I-1572-001.
Nonresponsive Bidders Lack Standing Per Se, IAS_I-1573-001.
Only Those Who Can Successfully Bid Competitively Have It, IAS_I-1574-001.
Petitioner Has Burden of Proof Regarding, IAS_I-1575-001.
Third Party Supplier Found to Lack, IAS_I-1576-001.
Two-Prong Test, IAS_I-1577-001.
Time Limits —
Are Jurisdictional, IAS_I-1578-003.
Contract Award vs. Bid Solicitation, IAS_I-1579-001.
Factual Dispute Regarding a Clear Point of Entry Requires a Hearing, IAS_I-1580-001.
Strictly Construed, IAS_I-1581-003.
Public Entity Crime (See Also ADMINISTRATIVE HEARINGS, Div. of) —
Burden of Proof Examined, IAS_I-1582-001.
Disqualification to Contract Occurs Only After Actual Inclusion On the List, IAS_I-1583-001.
Mechanics of §287.133(2) List Examined, IAS_I-1584-001.
Purpose Behind Competitive Private Bids Discussed, IAS_I-1585-007.
Rejection of All Bids —
Nonresponsiveness of a Bid Becomes Moot, IAS_I-1586-001.
Rejection of All Bids, IAS_I-1587-001.
Appellate Court Orders Award to Previously Denied Protestant, IAS_I-1588-001.
Fair Rebid of the Contract, IAS_I-1589-001.
Request For Proposals (RFP) —
Distinctions From Invitation to Bid Process Examined, IAS_I-1591-001.
Flexibility Afforded Discussed, IAS_I-1592-001.
Incumbency Advantage Discussed, IAS_I-1593-001.
Rejection of All Proposals, IAS_I-1594-001.
Child Support Enforcement Legal Services (See Also HRS, Dept. of) —
Duval County — Protest Dismissed, IAS_I-1595-001.
Martin & Okeechobee Counties — Contract Awarded to Protestant, IAS_I-1596-001.
Palm Beach County — Contract Awarded to Protestant, IAS_I-1597-001.
Legal Services For Child Support Enforcement Program — Sarasota County, IAS_I-1598-001.
Seminole County School Bd. —
Telecommunications Systems —
Stay During Protest Ordered In Interlocutory Appeal, IAS_I-1599-001.
Transportation, Dept. of (DOT) —
Competing Contractor’s Past Performance On Other Projects Is Not Relevant In a Bid Protest, IAS_I-1600-001.
Competing Contractor’s Responsibility & Qualifications Cannot Be Assailed In a Bid Protest, IAS_I-1601-001.
Highway Project — Circuit Court Injunction Against Award of Contract Vacated, IAS_I-1602-001.
Highway Project — Denial of Protest Reversed, IAS_I-1603-001.
Highway Project — Petition For Direct Review By Appellate Court By Writ of Mandamus Denied, IAS_I-1604-001.
Qualification to Bid Process Distinguished From Bid Protests, IAS_I-1605-001.
Truck Weighing Scales, IAS_I-1606-001.
Vicarious Liability of Owner For Actions of Contractors Discussed, IAS_I-1607-001.
Contract — Bid — Protest —
Lease of Office Space —
Dismissal of Protest Denied, IAS_I-1608-001.
Contracts (See CONTRACTS (Bids/Protests))
Disciplinary Infraction Proceeding —
Inmate Right to Call Witnesses Is Limited, IAS_I-1609-001.
Employee (See Also PUBLIC EMPLOYEES) —
Discharge — Ionscan — Found Not to Constitute a Drug Test, IAS_I-1610-001.
Gain Time —
Provisional Credits —
Denial of — Reliance On Post-Sentence Investigative Report — Affirmed, IAS_I-1611-001.
Denial of, IAS_I-1612-002.
Dept. Burden of Proof In Denial of Is Light, IAS_I-1613-001.
Not Inmate Benefit, IAS_I-1614-001.
Permissive Not Mandatory, IAS_I-1615-002.
Prohibition On Award of to Inmates Committing Sex Offenses Exhaustively Explored, IAS_I-1616-001.
Purpose of Examined, IAS_I-1617-001.
Reliance On Arrest Report Found Proper, IAS_I-1618-001.
Retroactive Application of §947.146 Does Not Constitute Ex Post Facto Law, IAS_I-1619-001.
Habeas Corpus —
Petition For Found Facially Insufficient, IAS_I-1620-001.
Mandamus (See Also APPELLATE REVIEW) —
Denial of Provisional Credits Upheld, IAS_I-1621-002.
Grant of Reversed, IAS_I-1622-001.
Requisite Showing For Relief, IAS_I-1623-001.
When Appropriate — Mechanics of Examined, IAS_I-1624-001.
Unpromulgated Rule Challenge to Long Distance Telecommunications Charges, IAS_I-1625-001.
Disciplinary Hearing —
Appellate Review of Examined, IAS_I-1626-001.
Rule Challenge (See Also RULES & RULEMAKING) —
Inmate Right to Pursue Declaratory Judgment In Circuit Court, IAS_I-1627-001.
Statutory Abolition of Inmate Rule Challenges Quashes Pending Appeals, IAS_I-1628-001.
§212.055(2) Infrastructure Surtax —
Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-1629-001.
Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-1630-001.
Authority to Adopt Ordinance Proscribing Discrimination On Basis of Sexual Orientation — Power to Penalize, IAS_I-1631-001.
Authority to Transfer Health Care Facilities to a Local Health Care District Without a Referendum, IAS_I-1632-001.
Baker Act Involuntary Commitment —
County Found Liable For Guardian Ad Litem’s Attorney’s Fees & Costs, IAS_I-1633-001.
Ban On Fences — Monroe County — Area of Critical State Concern —
Declared Unconstitutional, IAS_I-1634-001.
Beach Concessionaire License —
Found Not to Constitute a Lease of Real Property For Purposes of Sales Tax, IAS_I-1635-001.
Charter Revisions Proposed By Review Commission —
Not Subject to Single Subject Rule, IAS_I-1636-001.
Comprehensive Plan (See COMMUNITY AFFAIRS, Dept. of) —
County Manager —
Free to Reject All Findings of a County Administrative Hearing Officer, IAS_I-1637-001.
Development Order (See Also COMMUNITY AFFAIRS, Dept. of, Local Development Order) —
Appellate Review Process Examined, IAS_I-1638-001.
County Is Not An Agent of the State For Purposes of DRI Laws, IAS_I-1639-001.
Extension of Termination Date —
Abandonment of DRI Projects Examined In Detail, IAS_I-1641-001.
There Is No Statutory Bar to Reviving An Expired Development Order, IAS_I-1642-001.
Extrinsic Evidence Not Utilized In Construction of, IAS_I-1643-001.
Property Owners Have Affirmative Duty to Explore All Legal Restrictions, IAS_I-1644-001.
Quasi-Judicial – Not Quasi-Legislative, IAS_I-1645-001.
Rules of Construction Exhaustively Explored, IAS_I-1646-001.
Substantial Deviation From, IAS_I-1647-001.
Distinction Between Quasi-Judicial & Quasi-Legislative Governmental Action Exhaustively Explored, IAS_I-1648-001.
Duty to Promulgate Policy As An Ordinance, IAS_I-1649-001.
Elections Supervisor —
Courts Treat Decisions By As Presumptively Correct, IAS_I-1650-001.
Electric Transmission Lines (See Also SITING Bd.; UTILITIES) —
Authority to Control or Regulate Up-Sizing Through Land Use Regulations or Local Comprehensive Plans, IAS_I-1651-001.
Enforcement of Planning & Zoning Measures —
Legal Avenues Explored, IAS_I-1652-001.
Home Rule Powers (See Also CONSTITUTION (Fla.)) —
Implications For Land Use Regulation & Comprehensive Planning Explored, IAS_I-1654-001.
Statutory Enlargement of Examined, IAS_I-1655-001.
Hospital Bill —
Responsibility For —
Involuntary Baker Act Commitment, IAS_I-1656-001.
Impact Fees —
Are Not Taxes, IAS_I-1657-001.
Developer Is Also a “User”, IAS_I-1658-001.
Just & Equitable Levels of Examined, IAS_I-1659-001.
Legitimate Purposes For Examined, IAS_I-1660-001.
Enforcement of Fla. Clean Indoor Air Act, IAS_I-1661-001.
None to Regulate Taking or Possession of Saltwater Fish, IAS_I-1662-001.
Preemption of Local Regulation By State Statute Examined, IAS_I-1663-002.
Regulation of Boats Operating In County Waters Carefully Examined, IAS_I-1664-001.
Local Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan) —
§163 Growth Management Legislation —
Changes to a DRI Must Specify Location, Density, Etc., IAS_I-1665-001.
Circuit Court Dismissal of Constitutional Challenge to Reversed, IAS_I-1666-001.
DRI (See Also COMMUNITY AFFAIRS, Dept. of; LAND & WATER ADJUDICATORY Comm.)
DRI Review Process Is No Longer In Its Infancy, IAS_I-1667-001.
Tension Between State Oversight & Local Home Rule Powers Examined, IAS_I-1668-001.
Vested Rights — Common Law Vesting Analogous to Equitable Estoppel, IAS_I-1669-001.
Vested Rights (See Also ADMINISTRATIVE HEARINGS, Vested Rights Determination)
Vested Rights Analyzed, IAS_I-1670-001.
Amendment — Denial — Planned Unit Development —
Circuit Court Grant of Injunctive Relief & Damages Reversed, IAS_I-1671-001.
Quasi-Legislative Nature of This Action Examined, IAS_I-1672-001.
Construction (See Also STATUTES) —
Rules of Construction Are to Remove Doubt – Not Create It, IAS_I-1673-001.
Words of Common Usage Given Plain & Ordinary Meaning, IAS_I-1674-001.
Medicaid (See Also MEDICAID) —
Residency Determination — Challenge to Rejected, IAS_I-1675-001.
Medical Examiner —
Governor Must Be Provided More Than One (1) Nominee, IAS_I-1676-001.
Status of a Death of a Patient At Home Under the Care of a Home Health Agency As “Unattended”, IAS_I-1677-001.
Noncharter Counties —
Broad Legislative Powers of Examined, IAS_I-1678-001.
Occupational License Tax —
Authority to Impose On DPR-Licensed Professionals Fully Explored, IAS_I-1679-001.
Ordinance (See Also COMMUNITY AFFAIRS, Dept. of, Consistency of Local Ordinance With Local Comprehensive Plan) —
Presumed to Be Constitutional, IAS_I-1680-001.
Severance of Invalid Portion of, IAS_I-1681-001.
State Agency Construction of Entitled to No Special Deference, IAS_I-1682-003.
Permit (See Also PERMITS) —
Regulations In Effect At Time of Issuance Control, IAS_I-1683-001.
Personnel Appeals (See Also PUBLIC EMPLOYEES) —
§120 Found to Be Inapplicable, IAS_I-1684-001.
County Manager Is Free to Reject All Findings of a County Administrative Hearing Officer, IAS_I-1685-001.
Public Health Unit —
Authority of HRS to Enter Into a Hold Harmless Agreement, IAS_I-1686-001.
After-the-Fact Validating Legislation — Procedural Defects — Found Proper, IAS_I-1687-001.
Challenge to Rejection of Signatures As For a Previous Ballot Only Denied, IAS_I-1688-001.
Special Assessment Lien Against Real Property —
Clerk of Circuit Court Fails to Properly Index, IAS_I-1689-001.
Taking (See TAKING (CONDEMNATION)
Taxation (See Also TAXATION) —
Must Be Expressly Authorized By Statute or Constitution, IAS_I-1690-001.
Tourist Development Tax — Authority to Use to Buy Land For State Museum, IAS_I-1691-001.
Transfer of Powers or Functions —
Need For a Referendum Examined, IAS_I-1692-001.
Zoning (see ZONING)
Correctional Officer Certification —
Refusal to Permit Expert Testimony —
Alleged False Positive Drug Test — Reversed, IAS_I-1693-001.
Revocation — Comm. Confession of Error — Reversed, IAS_I-1694-001.
Law Enforcement Certification —
Comm. Rejection of DOAH Recommendation Regarding Positive Drug Test Reversed, IAS_I-1695-001.
Revocation — Over Recommendation of Informal Hearing Officer — Reversed, IAS_I-1696-002.