DBPR (Dept. of Business & Professional Regulation) (See Also ALCOHOLIC BEVERAGE LICENSE; CONDOMINIUMS; DECLARATORY STATEMENTS; YACHT BROKERS)
Attorney General’s Office (A.G.) — Civil Suit With Private Party —
A.G. Authority to Negotiate Settlement — Certified Question to Supreme Court, IAS_I-1697-001.
Board Action On Application For Licensure —
Cannot Be Delegated to Appointed Committee, IAS_I-1698-001.
Default (See PRACTICE & PROCEDURE)
Requires Action By a Quorum of Board Members, IAS_I-1699-001.
Board Found Unreceptive to Legal Advice, IAS_I-1700-001.
Board Rulemaking Authority (See Also RULES & RULEMAKING) —
Statutory Limitations On Examined, IAS_I-1701-001.
Complaints (See Also Requirements For; DISCIPLINE) —
§455.225(2) Mandate For Expeditious Action —
Enforcement of Discussed, IAS_I-1702-001.
Found Not to Be Jurisdictional, IAS_I-1703-001.
Found Not to Be an Idle Directive, IAS_I-1704-001.
Ability of DPR to Reduce Penalty Sought Post-Hearing & Thereby Reduce Corresponding Burden of Proof, IAS_I-1705-001.
Failure to Comply With §455.225 Time Limits For Agency Action —
Absence of Statutory Sanctions Noted, IAS_I-1706-001.
Found Not to Be Jurisdictional, IAS_I-1707-001.
Harmless Error (See Also PRACTICE & PROCEDURE)
Harmless Error Rule of §120.68(8) Discussed & Found Applicable, IAS_I-1708-001.
DBPR Boards Are Subject to Complaints of Discrimination Before Fla. Comm. On Human Relations, IAS_I-1709-002.
Peer Review Committees Should Not Function As, IAS_I-1710-001.
Extra-Statutory Exercise of Authority By DPR Frustrates the Proper Authority of the Boards & DOAH, IAS_I-1711-001.
Land Sales (See Also Mobile Home Parks) —
Dade County Apartment Complex — Circuit Ct. Dismissal of Enforcement Action Reversed, IAS_I-1712-001.
Letter of Guidance Issued After DPR Voluntary Dismissal of Complaint —
Constitutionality of Questioned, IAS_I-1713-001.
Licensure Examinations —
Handicapped Applicants — Requisite Accommodation, IAS_I-1714-001.
Mobile Home Parks —
Statutes Regarding Rent Controls Declared Unconstitutional, IAS_I-1715-001.
Statutes Regarding Rent Controls Exhaustively Explored, IAS_I-1716-001.
Validity Period of the Prospectus, IAS_I-1717-001.
Pari-Mutuel Wagering (See PARI-MUTUEL WAGERING, Div. of)
Peer Review Committees —
Statutory Entitlement to Review Patient Records, IAS_I-1718-001.
Probable Cause Panel (See PRACTICE & PROCEDURE)
Voluntary Dismissal of Complaint (See Also DISCIPLINE, Complaint; PRACTICE & PROCEDURE) —
Refiling of Complaint Does Not Require New Probable Cause Determination Per Se, IAS_I-1719-001.
Report to Probable Cause Panel & Board, IAS_I-1720-001.
DADE COUNTY (See Also SCHOOL BOARDS)
Circuit Court Affirmance of Development Order Reversed —
Proposed Demolition & Redevelopment of Miami Seaquarium, IAS_I-1721-001.
County Employee Successful Appeal of Dismissal to An Administrative Bd. —
Backpay & Attorney’s Fees Awards Discussed, IAS_I-1722-001.
Dismissal of Correctional Officer —
Positive Drug Test —
Circuit Court Reversal of County Manager’s Decision Reversed, IAS_I-1723-001.
Employee — Bus Driver — Reinstatement —
§448.08 Award of Attorney’s Fees Reversed, IAS_I-1724-001.
Equal Opportunity Bd. Dismissal of Complaint Reversed, IAS_I-1725-001.
DADE COUNTY SCHOOL BOARD (See SCHOOL BOARDS)
§86 Declaratory Judgment Statute & Pertinent Caselaw Is Analogous, IAS_I-1726-007.
Appellate Review (See Also APPELLATE REVIEW) —
May Affirm As to Severable Parts, IAS_I-1727-001.
Scope of, IAS_I-1728-001.
Banking & Finance — Div. of Banking —
State-Chartered Commercial Banks Authorized to Invest In Open-Ended Investment Companies, IAS_I-1729-001.
Banking & Finance — Div. of Finance —
Commercial Collection Agency —
General Partner With Resolution Trust Corp. (RTC) Found to Fall Under “Out-of-State” Exemption, IAS_I-1730-001.
Consumer Finance Co. —
Anonymous Petition Dismissed, IAS_I-1731-001.
Consumer Loan Application Fee Treated As Interest For Purposes of Interest Rate Limits, IAS_I-1732-001.
Credit Service Organization —
Applicability of §559.541 Examined, IAS_I-1733-001.
Local Government Agency Providing Low-Income Housing Exemption From §494, IAS_I-1734-001.
Mortgage Broker — Licensure Exemption —
Nonresidential Loans to Institutional Investors Only, IAS_I-1735-001.
Mortgage Loan Purchase — Out-of-State Purchaser —
Utilization of In-State Broker As Exception to In-State Office Requirement, IAS_I-1736-001.
Necessity That Out-of-State Firm Have Fla. Office When Refinancing Fla. Mortgages, IAS_I-1737-001.
Propriety of Loan Origination Fees In Retail Installment Sale of Motor Vehicles, IAS_I-1738-001.
Question As to Whether a Charge On a Retail Installment Contract For Waiving the Requisite Liability Insurance Is a Finance Charge or Permissible Charge For Other Benefits, IAS_I-1739-001.
Sales Finance Co. —
Licensure Required to Receive Assignment of Retail Installment Contract On Mobile Homes, IAS_I-1740-001.
Security Guarantee Fund — Authority of Claimant to Assign Or Use As Collateral, IAS_I-1741-001.
Banking & Finance — Div. of Securities —
Purchase of Privately-Held Mortgages & Resale to Institutions — Licensure Requirements, IAS_I-1742-001.
Student Loan Bond Offering — Exempt Status of Examined, IAS_I-1743-001.
Question As to Whether the Term “Services” As Used In §455.238 Includes Goods Intended For Resale By a Chiropractor, IAS_I-1744-001.
Community Affairs —
Authority of Local Governments to Control Up-Sizing of Electric Power Lines —
Dept. Statement Reversed As Impermissibly Broad, IAS_I-1745-001.
Land Use Regulations & Local Comprehensive Plans, IAS_I-1746-001.
Pace Finance Authority Declared to Be a Special District, IAS_I-1747-001.
Status of a Finance Authority “As Within the Contemplation of the Uniform System Dist. Accountability Act”, IAS_I-1748-001.
Status of the East Central Wastewater Facilities Operation (ECR) Board As a Dependent or Independent District —
Comm. Statement Reversed In Part As Beyond Its Jurisdiction, IAS_I-1749-001.
Status of the East Central Wastewater Facilities Operation (ECR) Board As a Dependent or Independent District, IAS_I-1750-001.
Construction Industry Lic. Bd. —
Swimming Pool Cleaning Services Held Not to Constitute “Contracting”, IAS_I-1751-001.
DBPR (Business & Professional Regulation, Dept. of) — Condominiums (See Also CONDOMINIUMS) —
Association — Authority to Materially Alter Or Modify Appurtenances to a Unit Without Unanimous Consent, IAS_I-1752-001.
Association — Board of Directors —
Authority to Order Forfeiture of Marina Privileges Found Lacking, IAS_I-1753-001.
Quorum — Obtaining By Joinder & Concurrence In Minutes of Meeting, IAS_I-1754-001.
Association — Status of a “Community Council” As, IAS_I-1755-001.
DEP (Dept. of Environmental Protection) —
Applicability of Chapter 92-31 Statutory Moratorium On Biohazardous Waste Incinerators, IAS_I-1756-002.
City of Jacksonville — Question As to Requisite Permits For Replacement of Drinking Water System Pipes, IAS_I-1757-001.
Murphy Act Deed — Seminole County —
Road Right-of-Way Applies to All Parcels, IAS_I-1758-001.
Permit — Construction — Reconfiguration of Existing Marina —
Impact of General Permit Conditions On Grandfather Rights Questioned, IAS_I-1759-001.
Permit — Dredge & Fill —
Applicability of Maintenance Dredging Exemption, IAS_I-1760-001.
Petroleum Contamination Site Cleanup —
Abandoned Tank Restoration Program — Bank — Foreclosure — Effect of Sale to Third Party, IAS_I-1761-001.
Containment Assessment Reports, IAS_I-1762-001.
Discovery of Contamination Defined & Discussed, IAS_I-1763-001.
Remedial Action Plans, IAS_I-1764-001.
Public Water System — Requisite Cross-Connection Control Program & Devices, IAS_I-1765-001.
Questions About Requirements For a Permit to Make a Service Connection to An Existing Drinking Water Distribution Line — Denied, IAS_I-1766-001.
Sovereign Submerged Land —
Third Party Question As to Ownership Amidst Pending Litigation — Denial of Affirmed, IAS_I-1767-001.
Third Party Question As to Ownership Amidst Pending Litigation, IAS_I-1768-001.
Declaratory Statements (See Also Requirements For) —
Agency Disposition of Not to Be Construed As Verification of Alleged Facts, IAS_I-1769-002.
Formal Hearing at DOAH — There Is No Statutory Authority For, IAS_I-1770-001.
Purpose of Explored, IAS_I-1771-004.
Game & Fresh Water Fish Comm. —
Authority of Developer to Remove Inactive Cavity Trees of Red-Cockaded Woodpecker, IAS_I-1772-001.
Applicability of §62.212(1)(h) to Magazine Publishing Names of Persons Seeking a Child For Adoption, IAS_I-1773-001.
Health Care Administration, Agency For (AHCA) —
Adult Congregate Living Facility Placement Agency —
Constitutional Challenge to §400.4195 Prohibition On — Petition Dismissed, IAS_I-1774-001.
Failure to Assess Certain HMO Medicaid Revenue In 1991, IAS_I-1775-001.
Highway Safety & Motor Vehicles (HSMV) —
Applicability of Statutory Violation to Criminal Prosecution Involving a Highway Patrol Citation —
Certificate of Title to Motor Vehicle —
Rebuildable Salvage Title — Rebuilt Title Issued Upon Repair, IAS_I-1777-001.
Rebuilt Designation Cannot Be Removed From Title, IAS_I-1778-001.
Driver’s License Suspension — Automatic —
Failure to Maintain Requisite Insurance Coverage, IAS_I-1779-001.
Highway Patrol —
Applicability of Various Statutory Provisions Referenced In Traffic Citation — Denied, IAS_I-1780-003.
Motor Vehicle Dealer Franchise License —
Found Required For Service, Repair and Accessories Retail Store, IAS_I-1781-001.
Motor Vehicle Registration —
Is Not “Voluntary”, IAS_I-1782-001.
Motorist Cannot Revoke, IAS_I-1783-001.
Group Practice Purchases MRI Imaging Equipment & Offers It to All Patients In the Area, IAS_I-1784-001.
Physician — Employment Agreement Whereby Compensation Is Determined On Basis of Gross Revenues Found Proscribed, IAS_I-1785-002.
Physician — Joint Business Venture —
Nonphysician Employer, IAS_I-1786-001.
Nonphysician Ownership of Corporate Practice, IAS_I-1787-001.
Partnership With Physicians or Nonphysicians, IAS_I-1788-001.
Physician — Mayo Clinic Bill —
Physician Holding Special Mayo License By Endorsement — Bd. Finding That the License Is Site-Specific Reversed, IAS_I-1789-001.
Propriety of Agreement Whereby Pharmaceutical Distributor Offers Supplies At Cost In Exchange For Certain Patient Referrals, IAS_I-1790-001.
Propriety of Employ of Ophthalmologist By Group Owning Related Optical Shop to Which Patients Are Referred, IAS_I-1791-001.
RN Questions Whether a LPN Is Authorized to Perform Venous & Arterial Sheath Removal Post Catheterization, IAS_I-1792-001.
Vision Therapy By Unlicensed Personnel — Direct Supervision Found Required, IAS_I-1793-001.
Requirements For (See Also Declaratory Statements) —
Actual Controversy, IAS_I-1794-003.
Cannot Be Utilized to Announce a Rule Outside of Proper Rulemaking Procedures, IAS_I-1795-001.
Cannot Be Utilized to Challenge Agency Decisions, IAS_I-1796-001.
Cannot Be Utilized to Clarify A Proposed or Adopted Rule, IAS_I-1797-001.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, IAS_I-1798-007.
Cannot Exceed Scope of Either the Petition or An Agency’s Jurisdiction, IAS_I-1799-001.
Failure to Comply With Procedural Requirements, IAS_I-1800-001.
Limited to the Facts Presented, IAS_I-1801-001.
Not Available When Issue Is Pending In §120.57 Proceeding, IAS_I-1802-002.
Not Available When Issue Is Pending In Judicial Proceeding, IAS_I-1803-003.
Party Seeking Must Be Named, IAS_I-1804-001.
Question Cannot Be Moot, IAS_I-1805-001.
Question Cannot Be Speculative, IAS_I-1806-001.
Question Cannot Be Vague, IAS_I-1807-002.
Specific Facts & Circumstances Must Be Set Forth, IAS_I-1808-004.
Standing (See Also PRACTICE & PROCEDURE, Intervenors)
Standing — Discussed, IAS_I-1809-003.
Standing Is Limited to Petitioner In Their Particular Set of Circumstances Only, IAS_I-1810-001.
Third Parties Cannot Utilize to Determine Another’s Rights, IAS_I-1811-002.
Ad Valorem —
Exempt Status of Particular Parcels Questioned By Citrus County Appraiser — Statement Denied, IAS_I-1812-001.
Corporate Income Tax — Insurance Company —
Authority of Life Insurance Company to Include An Additional Factor In Modification of §220.151(1) Apportionment Method, IAS_I-1813-001.
Documentary Stamp Tax —
Deeds Conveying Real Property to a Limited Partnership, IAS_I-1814-001.
Motels — Tangible Personal Property Furnished With Room —
Denial of Exemption Affirmed, IAS_I-1815-001.
Sales Tax —
Commercial Rent Paid by Corporation to Related General Partnership, IAS_I-1816-001.
DOT Road Subcontractor — Construction & Maintenance of Traffic Control Patterns — Services, IAS_I-1817-001.
Motor Vehicles Sold to Out-of-State Residents of States Which Impose No Tax, IAS_I-1818-001.
Road Site Striping & Traffic Control Devices, IAS_I-1819-001.
Sunset of Governing Statute —
Legal Implications of Examined, IAS_I-1820-001.
DELRAY BEACH, City of
Building Permit — Rezoning —
Found to Be a Quasi-Judicial Decision Subject to Certiorari Appellate Review, IAS_I-1821-001.
City Employees Relation Comm. Finds Unfair Labor Practice — Firefighters —
Decision Below & Attorney’s Fees Award Affirmed, IAS_I-1822-001.
DENTISTRY, Bd. of
Dental Hygiene Schools — Accreditation —
DOAH Invalidation of Proposed Rules —
Professional Association Challenge — Affirmed, IAS_I-1823-001.
Statutory Framework Governing Exhaustively Explored, IAS_I-1824-001.
Dental Referral Services —
Not Regulated By Bd. – But Advertising of Same By Dentists Is, IAS_I-1825-001.
Final Order Affirmed In Per Curiam Opinion —
Cruz v. AHCA, IAS_I-1826-001.
Authority to Perform “Remediable Tasks” Examined — Laser Devices, IAS_I-1827-001.
License (See Also LICENSING) —
Bd. Rejection of DOAH Recommended Order Affirmed, IAS_I-1828-001.
Duty to Provide Patient Records Upon Request, IAS_I-1829-001.
Failure to Keep Requisite Written Records, IAS_I-1830-001.
Unacceptable Level of Care, IAS_I-1831-001.
Use of Initials D.D.S. In Correspondence —
Bd. Cease & Desist Order Aimed At Dentist With Revoked N.Y. License Testifying As An Expert Reversed, IAS_I-1832-001.
DISCIPLINE (See Also LICENSING; PRACTICE & PROCEDURE)
Actual Harm to Public Not Prerequisite to Discipline, IAS_I-1833-001.
Affirmative Defense (See PRACTICE & PROCEDURE)
Burden of Proof (See Also PRACTICE & PROCEDURE) —
Cease & Desist Order, IAS_I-1834-001.
Failure to Utilize Correct Standard Found to Be Reversible Error, IAS_I-1835-002.
Cease & Desist Order (See Also Penalty) —
Circuit Court Proceeding In Parallel Case Cannot Be Relitigated In §120.57 Proceeding, IAS_I-1836-004.
Complaint (See Also DBPR, Complaints; PRACTICE & PROCEDURE, Voluntary Dismissal) —
Acting In An Allegedly Corporate Capacity Is No Defense, IAS_I-1837-001.
Alleged “Prosecutorial Delay” Is Not a Basis For Dismissal, IAS_I-1838-001.
Amendment At Hearing — Agency Motion For Denied At DOAH, IAS_I-1839-001.
Cannot Be Amended After Presentation of Case-In-Chief At DOAH, IAS_I-1840-001.
Charges Outside of Cannot Be Prosecuted, IAS_I-1841-035.
Deadlines For Agency Action (See PRACTICE & PROCEDURE, Harmless Error)
Deviation From Requisite Standard of Conduct —
A Fact Finding Within the Discretion of the Hearing Officer, IAS_I-1842-001.
Dismissal & Refiling — DPR — Duty to Involve Probable Cause Panel, IAS_I-1843-002.
Failure to Cite to Correct Statute —
Harmless Error, IAS_I-1844-002.
Failure to Utilize Correct Standard Found to Be Reversible Error, IAS_I-1845-001.
Need Only Inform of Charges With Reasonable Certainty, IAS_I-1846-001.
Requisite Specificity, IAS_I-1847-001.
Settlement With Co-Respondents Found Immaterial, IAS_I-1848-001.
Voluntary Dismissal (See Also PRACTICE & PROCEDURE) —
Divests Agency & DOAH of Jurisdiction, IAS_I-1849-001.
Refiling By DPR Requires Return to Probable Cause Panel, IAS_I-1850-002.
Terminate Jurisdiction Albeit Without Prejudice, IAS_I-1851-001.
Criminal Charges, Conviction, Plea (See Also LICENSING; LICENSURE)
Criminal Charges —
Controlled Substances —
Need For Scientific Proof of Composition of Discussed, IAS_I-1852-001.
Moral Turpitude (See Also CERTIFICATE (Teaching)) —
Trespass/Disorderly Conduct/Resisting Arrest, IAS_I-1853-001.
Criminal Conviction —
Cannot Be “Relitigated” In An Administrative Tribunal, IAS_I-1854-001.
DUI — Not “Minor”, IAS_I-1855-001.
Date of Criminal Conviction Need Not Be Established, IAS_I-1856-001.
Moral Turpitude —
Any Crime Involving Fraud, Larceny, or Dishonest Dealing, IAS_I-1857-001.
Relationship to Profession, IAS_I-1858-002.
Criminal Plea —
Adjudication of Guilt Is Not Dispositive, IAS_I-1859-001.
Cannot Be “Relitigated” In An Administrative Tribunal, IAS_I-1860-002.
Cannot Preclude Administrative Discipline, IAS_I-1861-001.
Constitutional Limitations On Use of Examined, IAS_I-1862-001.
Double Jeopardy (See CONSTITUTION (Fla.), Double Jeopardy)
Guilty Plea, IAS_I-1863-001.
Long Time Ago — Previous Finding of No Probable Cause, IAS_I-1864-001.
Moral Turpitude —
Delivery Vis Possession of Controlled Substances, IAS_I-1866-001.
Traffic Offense, IAS_I-1867-001.
Not Conclusive Proof of Underlying Facts, IAS_I-1868-004.
Only Creates a Rebuttable Presumption of Guilt, IAS_I-1869-001.
Opportunity to Explain Circumstances Surrounding the Plea Must Be Accorded, IAS_I-1870-003.
Plea of Convenience — Evidentiary Effect of Exhaustively Explored, IAS_I-1871-001.
Relationship to Profession Construed, IAS_I-1872-002.
Withholding of Adjudication of Guilt Is Immaterial, IAS_I-1873-001.
Disciplinary Guidelines In Effect At Time of Alleged Violations Control, IAS_I-1874-001.
Discipline of a Professional License Is Remedial Not Putative, IAS_I-1875-001.
Emergency Restriction On License, IAS_I-1876-001.
Emergency Revocation of License, IAS_I-1877-001.
Emergency Suspension of License (See Also PRACTICE & PROCEDURE, Emergency Procedures) —
Alcoholism — Physician, IAS_I-1878-001.
Due Process Rights of Licensee Examined, IAS_I-1879-001.
Expedited Hearing Granted, IAS_I-1880-001.
Hearing Prior to Is Not Required Subject to Other Safeguards, IAS_I-1881-001.
Past Harm Alone Can Be Sufficient, IAS_I-1882-001.
Quashed On Procedural Grounds, IAS_I-1883-001.
Requisite Grounds For Examined, IAS_I-1884-002.
Reversed In Part, IAS_I-1885-001.
Statutory Authority For Examined, IAS_I-1886-001.
Stay Granted Pending Appeal, IAS_I-1887-001.
Emergency Suspension of License, IAS_I-1888-001.
Exacerbating Factors (See Also Mitigating Factors) —
Absence of Third Party Testimony Regarding Character Issue, IAS_I-1889-001.
Danger to Public, IAS_I-1890-001.
Failure to —
Correct Deficiencies, IAS_I-1892-002.
Fraudulent Conduct, IAS_I-1893-002.
Harm to Public, IAS_I-1894-002.
Inconsistent Statements, IAS_I-1895-001.
Indifference to Complaint, IAS_I-1896-001.
Indifference to Well-Being of Patients, IAS_I-1897-001.
Introducing Interns to Illegal Methods, IAS_I-1898-001.
Lack of Candor, IAS_I-1899-001.
Lack of Remorse, IAS_I-1900-002.
Multiple Separate Acts of Misconduct, IAS_I-1901-001.
Poor Judgment, IAS_I-1902-001.
Refusal to Cooperate, IAS_I-1903-001.
Repeat Offense — Charge of —
Settlement of Earlier Charge Without Admission of Liability Does Not Constitute, IAS_I-1904-001.
Repetitious Misconduct Followed By Refusal to Atone For Deficiencies, IAS_I-1905-001.
Repetitious Misconduct Over a Long Period of Time, IAS_I-1906-001.
Repetitious Misconduct, IAS_I-1907-004.
Rude & Cavalier Behavior, IAS_I-1908-001.
Fraud (See Also Intent) —
Innocent Mistake Distinguished From, IAS_I-1910-001.
Misunderstanding Distinguished From, IAS_I-1911-001.
Promise Made With No Intent to Perform, IAS_I-1912-001.
Specific Intent Is An Essential Element, IAS_I-1913-003.
Immorality (See CERTIFICATE (Teaching))
Inactive License Is Nonetheless a License, IAS_I-1914-003.
Defined & Discussed, IAS_I-1915-001.
Normally a Fact Question, IAS_I-1916-003.
Seldom Susceptible of Direct Proof — Usually Shown By Circumstantial Evidence, IAS_I-1917-004.
Dismissal of Circuit Court Challenge to Search & Seizure Reversed, IAS_I-1918-001.
Jurisdiction (See Also APPELLATE REVIEW; LICENSURE; PRACTICE & PROCEDURE) —
A Question of Law, IAS_I-1919-001.
Bankruptcy — Effect On, IAS_I-1920-002.
Can Be Assailed At Any Point In the Proceeding, IAS_I-1921-001.
Dependent Upon Sufficient Statutory Explication of Requisite Standard of Conduct, IAS_I-1922-001.
Expiration of License Does Not Divest Agency of Jurisdiction, IAS_I-1923-002.
Found Vitiated By Failure to Prepare Subject Matter Index, IAS_I-1924-001.
Inactive Status of License Does Not Divest Agency Jurisdiction, IAS_I-1925-003.
Ministerial Renewal of License While a Disciplinary Action Is Pending Does Not Vitiate, IAS_I-1926-001.
None to Award Damages, IAS_I-1927-001.
Not Vitiated By Referral Back From DOAH Where Party Refuses to Execute Consent Order —
Referred Back to DOAH, IAS_I-1928-001.
Power to Issue a License Implies Power to Revoke It — Even Absent Express Authorization, IAS_I-1929-001.
Settlement of Parallel Civil Lawsuit of Victim Does Not Affect Agency Jurisdiction, IAS_I-1930-001.
Single Act Alone Can Be Sufficient For, IAS_I-1931-001.
Statutory Termination of Examined, IAS_I-1932-001.
Mitigating Factors (See Also Exacerbating Factors; ETHICS, Comm. On) —
Absence of —
Actual Harm to Public, IAS_I-1933-007.
Grevious Harm, IAS_I-1934-002.
Personal Financial Gain, IAS_I-1935-002.
Previous Discipline After Many Years of Service, IAS_I-1936-002.
Previous Discipline, IAS_I-1937-018.
Sole Responsibility For Harm, IAS_I-1938-001.
Agency Refusal to Allow Explanation of Found to Be Reversible Error, IAS_I-1939-002.
Board Certification, IAS_I-1940-002.
Character Witnesses Who Are Persuasive, IAS_I-1941-001.
Desire of Students & School Officials That Respondent Continues On, IAS_I-1942-001.
Exemplary Performance, IAS_I-1943-001.
Fine Would Cause Undue Financial Hardship, IAS_I-1944-001.
Isolated Incident In Long Career, IAS_I-1945-001.
Isolated Incident a Long Time Ago, IAS_I-1946-001.
Isolated Infraction, IAS_I-1947-002.
Long History of Quality Performance, IAS_I-1948-001.
Long Time In Profession, IAS_I-1949-002.
Long Time Past Since Misconduct, IAS_I-1950-003.
One (1) Count Complaint, IAS_I-1951-001.
Prompt Corrective Action, IAS_I-1952-003.
Record In Support of Must Be Built By Licensee For DOAH Hearing Officer, IAS_I-1953-001.
Reliance On Advice of Counsel Is Not An Absolute Defense, IAS_I-1955-001.
Sufficient Other Punishment, IAS_I-1957-001.
Technical Violation Only, IAS_I-1958-001.
Weighing of Is Within the Providence of the DOAH Hearing Officer, IAS_I-1959-001.
Moral Character —
Difficulty In Establishing Standards For Examined, IAS_I-1960-001.
Moral Turpitude (See CERTIFICATE (Teaching))
Moratorium On Expansion By Licensee, IAS_I-1961-001.
Gross Negligence Defined & Discussed, IAS_I-1962-001.
Res Ipsa Loquitur, IAS_I-1963-001.
Operating Without a License —
Intent Is Not An Issue, IAS_I-1964-001.
Out-of-State Discipline (See Also LICENSING) —
Appeal From Is No Bar to Fla. Discipline Based On, IAS_I-1965-001.
Penal Rule —
Repeal — Pending Emergency Rulemaking Not a Sufficient Basis For Discipline, IAS_I-1966-001.
Penal Statute (See Also STATUTES, Construction) —
Repeal & Substantial Reenactment of Same Provisions With Amendments, IAS_I-1967-001.
Penalty (See Also APPELLATE REVIEW; DISCIPLINE; ETHICS, Comm. On; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Agency Follows Its Precedents, IAS_I-1968-001.
Bankruptcy — Effect On, IAS_I-1969-001.
Cannot Be Imposed In Excess of What Is Sought In the Complaint, IAS_I-1970-001.
Cease & Desist Order —
Agency Authority to Issue Examined, IAS_I-1971-001.
Requisite Proof — Clear & Convincing Evidence — Certified Question to S. Ct., IAS_I-1972-001.
Requisite Proof — Clear & Convincing Evidence, IAS_I-1973-001.
Requisite Proof — Preponderance of the Evidence, IAS_I-1974-002.
Status As a Penal Action Discussed, IAS_I-1975-001.
Constitutional Prohibition Against Agency Imposition of Penalties Not Authorized By Statute Examined, IAS_I-1976-001.
Failure to Afford Stay Postulated By Rule Reversed, IAS_I-1977-001.
Final Order Found Not to Reflect Action Taken At Board Meeting, IAS_I-1978-001.
Failure to Timely Pay Found Not to Be Merely a Technical Violation, IAS_I-1979-001.
Imposition of Separate Fines For Each of Multiple Counts Arising Out of Identical Facts, IAS_I-1980-002.
Statutory Increase In Maximum Fine Cannot Be Applied Retroactively, IAS_I-1981-001.
Statutory Limits On — Unaffected By Pleading Technicalities, IAS_I-1982-001.
Letter of Guidance After Voluntary Dismissal — Constitutionality of Questioned, IAS_I-1983-001.
Licensee Cannot Be Disciplined Twice For the Same Violation, IAS_I-1984-001.
Multiple Penalties For a Single Offense Is Improper, IAS_I-1985-001.
Multiple Violations — Multiply & Increase the Maximum Penalty, IAS_I-1986-001.
Multiple Violations Arising Out of a Single Factual Matter, IAS_I-1987-003.
Must Be Expressly Authorized By Statute, IAS_I-1988-001.
Preliminary Yet Unconsummated Negotiations Over Lesser Penalty Not Considered, IAS_I-1989-001.
Restriction On License “Forever”, IAS_I-1990-001.
Retroactive Disciplinary Sanctions, IAS_I-1991-001.
Settlement With Co-Respondents Is Immaterial, IAS_I-1992-001.
Should Balance Violations Against Mitigating Factors, IAS_I-1993-001.
Zealous Defense Against Disciplinary Action Should Not Be a Factor In Determining, IAS_I-1994-001.
Reinstatement After Revocation —
Applicant Has the Burden of Proof, IAS_I-1995-001.
Indefinite Period of Supervised Practice Found Authorized, IAS_I-1996-001.
Reinstatement After Voluntary Surrender —
Renewal — Denial (See LICENSING)
Repeat Offense — Charge of —
Settlement of An Earlier Charge Without Admission of Liability Does Not Render a Subsequent Charge “Repeat”, IAS_I-1998-001.
Justified Only If There Is a Breach of Duty Having a Substantial Basis, IAS_I-1999-001.
Normally Requires Repeated Violations, IAS_I-2000-001.
Permanent Revocation Found to Be Too Harsh, IAS_I-2001-001.
Requires Grievous Misconduct, IAS_I-2002-001.
When Appropriate Examined, IAS_I-2003-002.
Vicarious Liability —
Failure to Impose Measures to Discourage Misconduct, IAS_I-2004-001.
Voluntary Dismissal (See Also Complaint; PRACTICE & PROCEDURE) —
Refiling of New Complaint, IAS_I-2005-001.
DUNNELLON, City of
Government-In-the-Sunshine Statute (§286) —
Failure to Announce Names of Persons Participating In An “Attorney-Client” Session Found to Violate, IAS_I-2006-001.
DUVAL COUNTY SCHOOL BOARD (See SCHOOL BOARDS)
EDUCATION, Dept. of (See Also CERTIFICATE (Teaching); EDUCATION PRACTICES Comm.; SCHOOL BOARDS)
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Fla. Comm. On Human Relations Award of After Successful DOAH Rule Challenge — Reversed —
Mandatory Retirement Age For School Bus Drivers, IAS_I-2007-001.
Career Service Employee —
Grievance — Request For Hearing Denied, IAS_I-2008-001.
Challenge to Circuit Court Declaration of §236.25(1) As Unconstitutional —
Nothing In §236.25 Authorizes a School Board to Levy Taxes Other Than Those Specified By the Legislature, IAS_I-2009-001.
Power of Local School Boards to Levy a Non-Voted Current Operating Discretionary Millage, IAS_I-2010-001.
DOE Appeal of EPC Dismissal of Its Complaint Against a Teacher — EPC Dismissal Set Aside, IAS_I-2011-001.
Teacher Certificate Exam —
Test Score Invalidated Due to Cheating, IAS_I-2012-001.
Teacher Discipline —
Commissioner Successfully Challenges EPC Reduction In DOAH Recommended Penalty, IAS_I-2013-001.
Uniform System of Free Public Schools —
Supreme Court Declines Opportunity to Define This, Leaving It to the Legislature, IAS_I-2014-001.
EDUCATION PRACTICES Comm. (See Also CERTIFICATE (Teaching); EDUCATION, Dept. of; SCHOOL BOARDS)
Appellate Outcome of Comm. Disciplinary Case Found Dispositive Of Parallel Circuit Court School Board Employment Case, IAS_I-2015-001.
Consolidation of Case With Parallel School Bd. Action, IAS_I-2016-001.
Context of Assailed Statements to Students Is Crucial, IAS_I-2017-001.
Controlled Substances —
Comm. Discipline For Failure to Properly Secure Ritalin Reversed, IAS_I-2018-001.
Ritalin — Failure to Properly Secure, IAS_I-2019-001.
Criminal Conviction —
DUI — Not “Minor” — Very Serious, IAS_I-2020-001.
DOE Appeal of EPC Dismissal of Its Complaint Against a Teacher — EPC Dismissal Set Aside, IAS_I-2021-001.
Distinction Between Burden of Proof In School Bd. Employment Action & Comm. Disciplinary Action, IAS_I-2022-001.
Election of Informal Hearing Cannot Be Repudiated On Appeal, IAS_I-2023-001.
Exploitation of Professional Relationship For Personal Gain, IAS_I-2024-001.
Failure to Protect Students From Conditions Harmful to Learning, IAS_I-2025-001.
Gross Immorality, IAS_I-2026-002.
Immorality Defined, IAS_I-2027-001.
Intentional Exposure of Students to Unnecessary Embarrassment or Disparagement, IAS_I-2028-001.
Misappropriation of School Funds, IAS_I-2029-001.
Misconduct Reducing Effectiveness —
Defined & Discussed, IAS_I-2030-001.
Marriage to Student Alone Does Not Constitute, IAS_I-2031-001.
Publicity Regarding Controversial Behavior Alone Is Insufficient, IAS_I-2032-001.
Suspicion of Misconduct Alone Is Insufficient, IAS_I-2033-001.
Misconduct Reducing Effectiveness, IAS_I-2034-001.
Moral Turpitude, IAS_I-2035-001.
Motion to Strike Directions to Clerk Denied, IAS_I-2036-001.
Comm. Follows Its Precedents, IAS_I-2037-001.
Commissioner of Education Successfully Challenges EPC Reduction In DOAH Recommended Penalty, IAS_I-2038-001.
Request For Commission Participation In Appeal —
Approved to Extent of Defending Authority to Impose Retroactive Disciplinary Sanctions, IAS_I-2039-001.
Sexual Misconduct —
Alleged Heterosexual Contact With and Comments to Students, IAS_I-2040-001.
Criminal Plea — Sexual Misconduct With Child — Not Conclusive Proof of Operative Facts, IAS_I-2041-001.
Marriage to 16 Year Old Student —
Absence of Policy or Rule Forbidding Noted, IAS_I-2042-001.
Allegedly Prior to Sex, IAS_I-2043-001.
ENVIRONMENTAL PROTECTION, Dept. of (DEP) (See Also CONTRACTS (Bids/Protests); DECLARATORY STATEMENTS; GAME & FRESH WATER FISH Comm.; INTERNAL IMPROVEMENT TRUST FUND; MARINE FISHERIES Comm. (MFC); NATURAL RESOURCES, Dept. of (DNR); PERMITS; SITING Bd.)
Amended Final Order —
Determination of Newsprint Recycling Rate, IAS_I-2044-001.
Appellate Court Substitute Opinion: Coastal Environmental Society, IAS_I-2045-001.
Aquatic Plant Control —
Impossibility of Detailed & Specific Regulations Regarding Noted, IAS_I-2046-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§120.57(1)(b)(5) Motion For Denied, IAS_I-2047-001.
Challenge to DEP Classification of Wastewater Treatment Facility In Letter to EPA, IAS_I-2048-001.
Circuit Court Emergency Injunction —
Continued Operation of Waste Management Facility In Dade County — Reversed, IAS_I-2049-001.
Circuit Court Injunction —
Modifications to Beach Sand Transfer Plant — Reversed, IAS_I-2050-001.
Coastal Construction Control Line (CCCL) (See Also PERMITS) —
Suit Challenging Statutory Prohibition On Direct Appellate Review of Validity of Rules Rejected, IAS_I-2051-001.
Conditions (See Also Permit; PERMITS) —
DEP Cannot Impose New Conditions Unsupported By the Weight of Evidence Presented to DOAH Hearing Officer, IAS_I-2052-001.
DEP Rejection of DOAH – Recommended Conditions, IAS_I-2053-001.
Consent Order (See Also PERMITS) —
Constitute a Settlement Tool In Enforcement Cases, IAS_I-2054-001.
Not Limited to Minor Violation Cases, IAS_I-2055-001.
Contract (See CONTRACTS (Bids/Protests))
DOAH — Recommended Order (See Also PRACTICE & PROCEDURE, DOAH) —
Fact Findings — Exceptions to —
Dept. Extends Time Limit For Filing, IAS_I-2056-001.
Responses — Time Limit For Filing, IAS_I-2057-001.
Untimely Exceptions Not Considered, IAS_I-2058-002.
Modifications to Permits —
DOAH Hearing Officer Has No Duty to Consider Alternative Proposals By Third Parties, IAS_I-2059-001.
Post-Hearing Recusal of Hearing Officer — De Novo Proceeding Found Not Required, IAS_I-2060-001.
Remand to —
DOAH Refusal to Accept Reversed With Directions, IAS_I-2061-001.
Declaratory Statements (See DECLARATORY STATEMENTS)
Delegation of Permitting Authority to Water Management Districts — Water Wells —
1984 Order By Previous Secretary, IAS_I-2062-001.
Delegation Made Mandatory In 1983 Statutory Amendment, IAS_I-2063-001.
Determination of Sustained Recycling & Recovery Rates —
Aluminum & Steel Cans —
No Advance Disposal Fee Imposed, IAS_I-2064-001.
No Advance Disposal Fee, IAS_I-2065-001.
Exemptions From Advance Disposal Fee Discussed, IAS_I-2066-001.
Glass, Plastic, Plastic-Coated Paper —
Advance Disposal Fee Imposed, IAS_I-2068-002.
No Advance Disposal Fee, IAS_I-2069-001.
Dry Cleaning Solvents Cleanup Program —
Actual Knowledge of Discharge Need Not Be Shown, IAS_I-2070-001.
DEP “Will Be Responsible For Conducting the Cleanup”, IAS_I-2071-001.
DEP Not Required to Exclude All Other Sources of Pollution, IAS_I-2072-001.
Disposal Includes Negligent Spills, IAS_I-2073-001.
Funding Source Is Important In Construing, IAS_I-2074-001.
Good Samaritan — Landlord — Reimbursement Found Not Available, IAS_I-2075-001.
Hazardous Substances In Groundwater Is a Violation Per Se, IAS_I-2076-001.
Joint & Severable Liability of Previous & Current Owners, IAS_I-2077-001.
Merger — Acquired Assets Carry Acquired Liabilities, IAS_I-2078-001.
Not a Reimbursement Program, IAS_I-2079-001.
Petitioner Has the Burden of Proof — Preponderance of the Evidence, IAS_I-2080-001.
Program Found Merely In the Process of Implementation, IAS_I-2081-001.
Release of Any Amount Is a Matter of Concern, IAS_I-2082-001.
Statutory Provisions Are Remedial & Applicable Retroactively, IAS_I-2083-001.
Emergency Final Order (See Also PRACTICE & PROCEDURE) —
Amended — Authorization For Repairs, Replacement, Restoration and Certain Other Measures Made Necessary By Hurricane Andrew, IAS_I-2084-001.
Amended — Wetland Resource Management Permit — Natural Gas Pipeline — Suspension, IAS_I-2085-001.
Authorization to Lower Inlet to Existing Modified Drainage Well Associated With Lake Orienta Project, IAS_I-2086-002.
Coastal Construction Control Line (CCCL) — Beach Renourishment — Dade —
City Protest — Permit Granted, IAS_I-2087-001.
Emergency Procedures Should Not Be Utilized Absent An Emergency, IAS_I-2088-001.
Emergency Suspension of a Permit Is a Drastic Step, IAS_I-2089-001.
Permit Granted Dade County Over City of Golden Beach Protest —
To Avoid Loss of Federal Funds, IAS_I-2090-001.
Wetland Resource Management Permit — Natural Gas Pipeline — Suspension, IAS_I-2091-001.
Employee (See Also PUBLIC EMPLOYEES) —
Quitting Employ In Lieu of Accepting a Transfer, IAS_I-2092-001.
Enforcement (See Also PRACTICE & PROCEDURE) —
Administrative & Judicial Remedies Are Independent, Cumulative & Can Be Pursued Concurrently, IAS_I-2093-001.
Agency Discretion Regarding Is “Absolute”, IAS_I-2094-001.
Agency Discretion Regarding Is Not Subject to §120 Challenge, IAS_I-2095-002.
Agency Discretion Regarding Is Not Subject to §120 Intervenor Challenge, IAS_I-2096-001.
Applicant Required to Hire “Independent Cadre” of Environmental Inspectors, IAS_I-2097-001.
Downdrift Property Owners Affected By Sebastian Beach Renourishment Project, IAS_I-2098-001.
Environmental Regulation Comm. —
Petitions to Initiate Certain Rulemaking Must First Be Submitted to, IAS_I-2099-001.
Powers & Duties of Examined, IAS_I-2100-001.
Standards Defined & Discussed, IAS_I-2101-001.
Final Executive Order —
Declared to Be An Unpromulgated Rule, IAS_I-2102-001.
Final Order (See Also PRACTICE & PROCEDURE) —
Failure to File With Agency Clerk, IAS_I-2103-001.
Guana River Marsh Aquatic Preserve —
Beach Driving Restrictions Ordered Enforced Over County Protest, IAS_I-2104-001.
Jurisdiction (See Also APPELLATE REVIEW; DISCIPLINE; PERMITS, Dredge & Fill, Jurisdiction; PRACTICE & PROCEDURE) —
§403 To Be Liberally Construed In Favor of Public Interest, IAS_I-2105-001.
Dredge & Fill —
Dept. Burden of Proof Examined, IAS_I-2106-001.
Elimination or Reduction Requirement Exhaustively Explored, IAS_I-2107-001.
Jurisdictional Determination — Third Party Challenge, IAS_I-2108-001.
Jurisdictional Determinations Exhaustively Explored, IAS_I-2109-001.
Road — DOT Does Not Have Exclusive Jurisdiction Over Design As It Relates to the “Public Interest”, IAS_I-2110-001.
Statutes Regarding to Be Liberally Construed, IAS_I-2111-001.
Eminent Domain (See Also TAKING)
Eminent Domain — Condemnation Action — Utility — Denied For Land the Subject of Permit Application — DER Acknowledges, IAS_I-2112-001.
Eminent Domain Condemnation of Environmentally Sensitive Land — DER Has No Power to Review, IAS_I-2113-001.
Federal Statutory Preemption Examined, IAS_I-2114-001.
Measured & Limited By Statutes In Which Such Powers Are Expressly Granted or Implied, IAS_I-2115-001.
Modification of Permit Conditions —
Change In Law, IAS_I-2116-001.
Mitigation Plans, IAS_I-2117-001.
None to Base a Decision On Economic Feasibility, IAS_I-2118-001.
None to Consider Aesthetics, IAS_I-2119-001.
None to Consider Collateral Attack On Parallel Surface Water Management Permit Granted By the Water Management District, IAS_I-2120-001.
None to Consider “Need” For a Project, IAS_I-2121-001.
None to Consider “No Project” Alternative, IAS_I-2122-001.
None to Consider Compliance With Local Land Use Restrictions, IAS_I-2123-001.
None to Consider Compliance With Local Land Use Restrictions Or Long-Range Development Plans, IAS_I-2124-004.
None to Consider Compliance With Local Ordinance, IAS_I-2125-002.
None to Consider Compliance With Local Permitting Requirements, IAS_I-2126-001.
None to Consider Compliance With Local Zoning Requirements, IAS_I-2127-002.
None to Consider Constitutional “Taking” Claim, IAS_I-2128-001.
None to Consider Impacts On Property Values, IAS_I-2129-001.
None to Consider Nonenvironmental Factors, IAS_I-2130-001.
None to Consider Wisdom or Cost-Effectiveness of Local Governmental Projects, IAS_I-2131-001.
None to Enforce Rules of Another Agency Absent Proper Delegation, IAS_I-2132-001.
None to Resolve Property Disputes or Ownership Rights, IAS_I-2133-003.
None to Stay Agency Action Pending Request For Rights to Sovereign Submerged Lands, IAS_I-2134-001.
None to Waive Its Rules, IAS_I-2135-001.
Privately Dug & Owned Canals, IAS_I-2136-001.
Requisite Flexibility In Determining Permitting Standards, IAS_I-2137-001.
Surface Water Management System — Road In Jurisdictional Wetland, IAS_I-2138-001.
License (See Also LICENSING) —
Crawfish Endorsement —
Financial Difficulties Do Not Justify Wholesale Violations, IAS_I-2139-001.
Possession of Substantial Quantity of Undersized Lobsters, IAS_I-2140-001.
Saltwater Products —
Use of Illegal Gill Net In State Waters, IAS_I-2141-001.
Wholesale Dealer —
Violation of Regulations Pertaining to Clams, IAS_I-2142-001.
Local Government Wastewater Financial Assistance Bureau —
Fiscal Year 1993 Revolving Loan Priority List, IAS_I-2143-001.
Local Restrictions On Inland Waterways —
Hold Harmless Agreement With DEP, IAS_I-2144-001.
Motor Boats — Protection of Manatees, IAS_I-2145-001.
Personal Watercraft, IAS_I-2146-001.
Marine Patrol —
Constitutional Net Limitation —
Contested Methodology For Measuring Trawl or Troll Nets — Supreme Court, IAS_I-2147-001.
Purpose Found to Involve Limitation Not Prohibition of Shrimp Trawl Nets, IAS_I-2148-001.
Pollutant Discharge Citation —
Invoice For Response & Investigative Costs, IAS_I-2149-001.
Motion For Clarification Denied After Dismissal of Petition For Declaratory Statement, IAS_I-2150-001.
Motion For Rehearing & Certification Denied: Collier Development Corp. v. DEP, IAS_I-2151-001.
Notice of Violation/Order For Corrective Action —
Agency Need Not Prove Absence of An Exemption, IAS_I-2152-001.
Burden of Proof — Dept. — Preponderance of the Evidence, IAS_I-2153-002.
Burden of Proof Is On DER, IAS_I-2154-001.
Commercial Stone Crab Traps Dipped In Petroleum Product, IAS_I-2155-001.
Corrective Action —
Cleanup of Groundwater Pollution At Dry Cleaning Business — Change In Ownership, IAS_I-2156-001.
DOAH Declines to Fashion Remedial Plan, IAS_I-2157-001.
Dredge & Fill Without Permit — Residence, IAS_I-2158-001.
Dredge & Fill Without Permit — Retention Wall Around Lake — Fish Camp, IAS_I-2159-001.
Dredge & Fill Without Permit, IAS_I-2160-003.
Personal Liability Cannot Be Imposed On Property Held In Trust, IAS_I-2161-001.
Petroleum Product Contamination of Soil/Groundwater, IAS_I-2162-001.
Reconstruction of Demolished Residential Seawall Without a Permit, IAS_I-2163-001.
Warning Letter Found Not to Constitute, IAS_I-2164-001.
Waste Tire Site — Auto Salvage Yard, IAS_I-2165-001.
Oral Argument Before Secretary Denied, IAS_I-2166-008.
Order (See Also Final Order) —
Absence of Clerk’s Stamp Found Immaterial, IAS_I-2167-001.
Order to Show Cause —
Application For Modification of Permit — Biohazardous Waste Incinerator — Underlying Permit Expires, IAS_I-2168-001.
Permit (See Also Jurisdiction; PERMITS) —
Engineer — U.S. Corps of Engineers — Need Not Hold Fla. License, IAS_I-2169-001.
Conditions (See Also Conditions; PERMITS) —
DOAH Cannot Place Burden on DEP to Fashion Conditions to Resolve Violations, IAS_I-2170-001.
Construction (See Also PERMITS) —
Distinction Between Construction & Operating Permit Examined, IAS_I-2171-001.
Extension of Expired Permits Discussed, IAS_I-2172-001.
Landfill — Amendment to §403.707(4) — Retroactive Application — Water Management Dist. Report, IAS_I-2173-001.
Underground Injection Well — Municipal Wastewater Treatment — Expiration of Found Not Automatically Extended, IAS_I-2174-001.
Underground Injection Well — Municipal Wastewater Treatment — Interplay Between State & Federal Regulations Examined, IAS_I-2175-001.
Default (See PERMITS, Default Permit §120.60(2))
Dredge & Fill (See Also Jurisdiction; PERMITS) —
Dept. Intent to Deny — Post-Hearing Recusal of DOAH Hearing Officer — De Novo Hearing Found Not Required, IAS_I-2176-001.
Dock — Private — John Pennekamp Park — Bd. of Trustees Moratorium Found Not Binding, IAS_I-2177-001.
Exemption — Burden of Proof, IAS_I-2178-001.
Exemption — Monroe County Airport — Federally Ordered Trimming of Mangroves, IAS_I-2179-001.
Exemption — Restoration of Seawall — Scope of Examined, IAS_I-2180-001.
Power Plant Transmission Line Corridor — Clearing of Forested Wetland — Mitigation, IAS_I-2181-001.
Expiration of —
§120.60(6) Is Inapplicable, IAS_I-2182-001.
Dept. Is Required to Consider Requests For, IAS_I-2183-001.
Oil & Gas Exploration Well —
Dept. Cannot Require Additional Security Beyond Payment Into the Fund, IAS_I-2184-001.
Requirement of 1.9 Billion Dollar Surety Bond As Condition Precedent Reversed, IAS_I-2185-002.
Requirement of 1/2 Billion Dollar Security Deposit As Condition Precedent Reversed, IAS_I-2186-001.
Distinction Between Construction & Operating Permit Examined, IAS_I-2187-001.
Waste Management Facility — Hurricane Andrew, IAS_I-2188-001.
Waste Tire Disposal Site — Closure, IAS_I-2189-001.
Waste Tire Site Closure —
Pertinent Statutory & Rule Framework Examined, IAS_I-2190-001.
Wastewater Treatment Plant (See Also PERMITS) —
Third Party Protest, IAS_I-2191-001.
Petroleum Product Cleanup (See Also DECLARATORY STATEMENTS) —
Abandoned Tank Restoration Program —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-2192-001.
Applicant Has the Burden of Proof, IAS_I-2193-001.
Contaminated Property Inherited Is Not “Purchased”, IAS_I-2194-001.
Contamination Caused By Both Eligible & Ineligible Substances, IAS_I-2195-001.
Distinction Between Single & Multiple Storage Systems Exhaustively Explored, IAS_I-2196-001.
Facility Defined & Discussed, IAS_I-2197-001.
Failure to Discontinue Use By Statutory Deadline — Cannot Be Excused, IAS_I-2198-001.
Failure to Eliminate All Storage Tanks, IAS_I-2199-001.
Gasoline Station — Diesel vis. Gasoline Tanks — Eligibility, IAS_I-2200-001.
Gasoline Station, IAS_I-2201-001.
Limited Nature of This Program Discussed, IAS_I-2202-001.
Moving & Storage Company’s Fuel Tanks, IAS_I-2203-001.
Nonresidential Location Exhaustively Defined, IAS_I-2204-001.
Petroleum Product Defined & Discussed As a “Liquid Fuel Commodity”, IAS_I-2205-001.
Reimbursement Denied — Untimely Filing, IAS_I-2206-001.
Reimbursement to County Denied, IAS_I-2207-001.
Site Defined & Discussed, IAS_I-2208-001.
Use of Tank After Statutory Deadline — Reimbursement Denied, IAS_I-2209-002.
Applicant Has the Burden of Proof, IAS_I-2210-001.
Florida Pollution Liability Insurance & Restoration Program (FPLIRP) —
1992 Statutory Amendments Found Not to Be Retroactive, IAS_I-2211-001.
1992 Statutory Amendments Not Applied Retroactively, IAS_I-2212-001.
Applicant Has the Burden of Proof, IAS_I-2213-002.
Compliance With Pertinent Statutes & Rules Is Mandatory, IAS_I-2214-001.
Convenience Store Gasoline Storage Tanks, IAS_I-2215-001.
Deadline For Retrofitting Requirements Cannot Be Extended, IAS_I-2216-001.
Diesel Fuel Storage Tanks At Yacht Club, IAS_I-2217-001.
Eligibility Is Determined On An Incident By Incident Basis, IAS_I-2218-001.
Failure to Immediately Report & Abate a Known Discharge, IAS_I-2219-003.
Failure to Timely Meet Retrofitting Requirements, IAS_I-2220-001.
Financial Responsibility Found Lacking, IAS_I-2221-001.
Immediate Corrective Action Is a Critical Element, IAS_I-2222-001.
Pertinent Statutes & Rules Examined, IAS_I-2223-001.
Presence of Product In Monitoring Well Compels Corrective Action, IAS_I-2224-001.
Reimbursement Denied — Untimely Filing, IAS_I-2225-001.
Reimbursement Is Limited to Discharges Related to Actual Functioning, IAS_I-2226-001.
Residential Condo Association Diesel Storage Tank For Backup Generator, IAS_I-2227-001.
Statutory Framework Governing Examined, IAS_I-2228-002.
Time Limit For Corrective Action Cannot Be Waived, IAS_I-2229-001.
Untimely Request For — Denied, IAS_I-2230-002.
Restoration of the Oklawaha River —
Further Legislative Approval Not Required, IAS_I-2231-001.
Rule (See Also RULES & RULEMAKING) —
Motorboat Speed Limit For Protection of Manatees —
Constitutionality of Florida Manatee Sanctuary Protection Act Upheld, IAS_I-2232-001.
Land & Water Adjudicatory Comm. Upholds Propriety of, IAS_I-2233-001.
Phosphorous Criterion For the Everglades —
Denial of Challenge to DEP’s Timeframes Affirmed, IAS_I-2234-001.
Rulemaking Petition —
Definition of “Surface Waters of the State” — Denied, IAS_I-2235-001.
Numerical Criteria For Phosphorous Concentrations In the Everglades Granted, IAS_I-2236-001.
Numerical Criterion For Phosphorus Concentrations In the Everglades — Dept. Denial of Reversed, IAS_I-2237-001.
Standards For Specific Conductance, IAS_I-2238-001.
Zones of Initial Dilution — Amendment of Rule 17-4.244 — Granted, IAS_I-2239-001.
Sand Transfer Plant In Palm Beach County —
Former DNR Found to Have Improperly Acquiesced In Circuit Court Jurisdiction, IAS_I-2240-001.
Second Final Order After Remand: The Conservancy Inc., IAS_I-2241-001.
Secretary (See Also Oral Argument Before) —
Mechanics of Decision-Making Process Examined, IAS_I-2242-001.
Staff Prejudice —
Allegation of Rejected Out-of-Hand Since Dept. Secretary Makes the Final Decision, IAS_I-2243-001.
Subject Matter Index —
Deficiencies In Acknowledged, IAS_I-2244-001.
Duty to Prepare Acknowledged, IAS_I-2245-001.
Third Party Intervenors (See Also PERMITS, Third Party Intervenors; PRACTICE & PROCEDURE, Intervenors) —
Request to Be Aligned As Amicus Curiae Denied, IAS_I-2246-001.
Found to Contest Agency Settlement In Parallel Judicial Proceeding, IAS_I-2247-001.
Variance From Classification As Solid Waste —
Reclamation of Spent Lead Batteries — Renewal — Denied, IAS_I-2248-001.
Water Pollution —
Standards Defined & Discussed, IAS_I-2249-001.
ETHICS, Comm. On
Constitutional Challenge to §112.313(4) As Vague Rejected, IAS_I-2250-001.
Proscriptions of Apply to Both Paid & Unpaid Boards, IAS_I-2251-001.
Proscriptions of Are Penal In Nature Therefore Are Strictly Construed, IAS_I-2252-001.
Purpose of Examined, IAS_I-2253-001.
§120 Is Fully Applicable to the Commission, IAS_I-2254-001.
Appellate Review of, IAS_I-2255-001.
Binding On County Government, IAS_I-2256-001.
Amended Final Order Upon Appellate Remand: In Re: James K. Gordon, IAS_I-2257-001.
Amended Final Order Upon Appellate Remand: In Re: Mitchell Kinzer, IAS_I-2258-001.
Amended Final Order Upon Appellate Remand: In Re: Robert G. Goin, IAS_I-2259-001.
§57.111 Is Unavailable to Public Officials Subject to An Ethics Complaint, IAS_I-2260-001.
§57.105 Found to Be Most Analogous, IAS_I-2261-001.
Actual Malice Defined & Discussed, IAS_I-2262-001.
Applicable Even Though Agency Counsel Is Utilized At Public Expense, IAS_I-2263-003.
Comm. Authority to Award Against Complainants, IAS_I-2264-001.
Complainant — Public Official Held to Same Standard As Private Citizen, IAS_I-2265-001.
Consultation With Attorney Prior to Filing a Complaint Is No Bar to Award, IAS_I-2266-001.
Failure to Prove Up At DOAH Hearing Found Fatal, IAS_I-2268-001.
Frivolous Appeal Defined & Discussed, IAS_I-2269-002.
Interpretation of §112 Is Entitled to Judicial Deference, IAS_I-2271-001.
Malicious Intent — Proof of Examined, IAS_I-2272-004.
Mitigating Circumstances Alleged & Rejected, IAS_I-2273-001.
Purpose of Examined, IAS_I-2274-002.
Without Basis In Law or Fact Defined & Discussed, IAS_I-2275-001.
Malicious Intent — Defined, IAS_I-2276-001.
Preponderance of the Evidence, IAS_I-2278-001.
Attorney’s Fees Attributable to Litigating Entitlement to Same Are Recoverable, IAS_I-2279-001.
Costs & Fees Associated With Litigation of Entitlement to Are Recoverable, IAS_I-2280-001.
Fees & Costs Incurred After the Administrative Hearing Are Recoverable, IAS_I-2281-001.
Includes Fees For Both Underlying Proceeding & §112.317(8) Proceeding, IAS_I-2282-001.
Methodology Behind Calculation of Examined, IAS_I-2283-004.
Comm. Authority to Award Against Complainants, IAS_I-2284-001.
Comm. Award Reversed As Insufficient, IAS_I-2285-001.
Comm. Dismissal of Complaint Is Not Dispositive, IAS_I-2286-001.
Complaints — May Be Frivolous Even If Legally Sufficient If Facts Alleged Are “Utterly Baseless”, IAS_I-2287-001.
Complaints — Release to the Press Can Support Inference of Malicious Intent, IAS_I-2288-001.
Third Party Unsuccessful Circuit Court Suit Seeking Injunction Against City Payment of Affirmed, IAS_I-2289-001.
Clear & Convincing Evidence Is Not Required, IAS_I-2290-001.
On Commission, IAS_I-2291-003.
Preponderance of the Evidence, IAS_I-2292-032.
Lack of Candor In Dealings With, IAS_I-2293-001.
Actual Knowledge of Conflict Is Required, IAS_I-2294-002.
Analysis of Benefits Flowing to Spouse Who Is a Separate Financial Entity, IAS_I-2295-001.
Charges Based On Art. II, Sec. 8(e) —
No Authority For Comm. Penalty, IAS_I-2296-001.
County Commissioner, IAS_I-2297-001.
DBPR Board Member, IAS_I-2298-001.
Doing Business With One’s Agency, IAS_I-2299-001.
Four (4) Part Test For, IAS_I-2300-001.
Gain or Loss Test, IAS_I-2301-001.
Participation In a Disciplinary Proceeding Involving Someone Within a Contractual Relationship, IAS_I-2302-001.
Roof Installed On Personal Residence At Alleged Discount, IAS_I-2303-001.
Special Private Gain Discussed, IAS_I-2304-001.
State Senator, IAS_I-2305-001.
Test For Examined, IAS_I-2306-001.
Voting to Pave Road In Front of Own House, IAS_I-2307-001.
Conflict of Interest, IAS_I-2308-001.
Building Inspector — Property Owner, IAS_I-2309-001.
City Commissioner, IAS_I-2310-002.
Corporate Profit-Sharing Plan Found Not a Separate Entity From Parent Corp., IAS_I-2311-001.
Corporate Stock Ownership Alone Creates, IAS_I-2312-001.
County Commissioner — County Contractor, IAS_I-2313-001.
Test For Examined, IAS_I-2314-001.
Three (3) Part Test For, IAS_I-2315-001.
City Attorney, IAS_I-2316-001.
County Firemedics & Paramedics Also Employed By Private Firm, IAS_I-2317-001.
Defined & Discussed, IAS_I-2318-001.
Grandfather Proviso of §112.313(3) Found to Be Inapplicable, IAS_I-2319-001.
Challenge to Comm. Denial of Protective Order Barring Deposition of Respondent, IAS_I-2320-001.
Essential Elements of Proof Regarding, IAS_I-2321-001.
Failure to Disclose Financial Interest, IAS_I-2322-004.
Failure to Report a Gift, IAS_I-2323-001.
Failure to Timely File Financial Statement, IAS_I-2324-001.
Former Public Official Whose Violation Occurred Prior to Leaving Office, IAS_I-2325-001.
County Ordinance Cannot Nullify Commission Action, IAS_I-2326-001.
None to Consider Constitutional Questions, IAS_I-2327-001.
Commission Can Merely Recommend a Penalty to the Leader of the Appropriate House, IAS_I-2328-001.
Advocating Favorable Treatment of One Within a Contractual Relationship, IAS_I-2329-001.
Anti-Nepotism Statute (§116.11) — In 1988 Was Not Part of Code of Ethics, IAS_I-2330-001.
Appointment to Unpaid Advisory Board, IAS_I-2331-001.
Anti-Nepotism Statute Found to Be Penal In Nature, IAS_I-2332-001.
Anti-Nepotism Statute — Hiring of Relative, IAS_I-2333-001.
Appointment of Relative to Board, IAS_I-2334-001.
Arranging For Public Employment of Son, IAS_I-2335-001.
Attempting to Fix Traffic Ticket For Friend’s Daughter, IAS_I-2336-001.
Attempting to Improperly Secure Retirement Benefits, IAS_I-2337-001.
Attempting to Levy Unauthorized Charges, IAS_I-2338-001.
Attempting to Obtain Special Law Enforcement Consideration Regarding Crime Against Daughter, IAS_I-2339-001.
Behavior Reached Must Be “Public” Not “Private”, IAS_I-2340-001.
Benefit Received Need Not Be An Economic Benefit, IAS_I-2341-001.
Coercion Can Exist Absent Actual Power to Fire An Employee, IAS_I-2342-001.
Corrupt Intent — Establishment of, IAS_I-2343-001.
Corruptly Defined & Found to Constitute a Question of Fact, IAS_I-2344-002.
Corruptly Defined & Found to Require Specific Intent, IAS_I-2345-005.
Corruptly Defined, IAS_I-2346-002.
Essential Elements of Proof Include Specific Intent, IAS_I-2347-001.
Essential Elements of Proof Regarding, IAS_I-2348-001.
Failure to Have Statutorily-Mandated Complaint Review Procedure, IAS_I-2349-001.
Falsification of Memorandum of Voting Conflict, IAS_I-2350-001.
Four (4) Part Test For, IAS_I-2351-002.
Fraudulent Travel Reimbursement Claim, IAS_I-2352-001.
Improper Travel Expenses, IAS_I-2353-001.
Improperly Writing Off Cost of Services of Jail Industry Program, IAS_I-2354-001.
Passive Political Expression During Working Hours Not Proscribed, IAS_I-2356-001.
Prohibition On Is Broad, IAS_I-2357-001.
Roof Installed On Personal Residence At Alleged Discount — Reversed, IAS_I-2358-001.
Roof Installed On Personal Residence At Alleged Discount, IAS_I-2359-001.
Sexual Harassment Alone Can Constitute, IAS_I-2360-001.
Sexual Harassment of Subordinate Employee, IAS_I-2361-003.
Soliciting Votes For Political Candidate, IAS_I-2362-001.
Street Lights Installed In Privately Owned Trailer Park, IAS_I-2363-001.
Test For Examined, IAS_I-2364-005.
There Is No “Bright Line Test”, IAS_I-2365-001.
Three (3) Part Test For, IAS_I-2366-002.
To Recall Arrest Warrant, IAS_I-2367-001.
Use of City Stationery to Promote Personal Business, IAS_I-2368-001.
Use of Inside Information to Further Relative’s Real Estate Interests, IAS_I-2369-001.
Use of Public Resources In Furtherance of One’s Work, IAS_I-2370-001.
Use of Public Resources to Write Paper For Class, IAS_I-2371-001.
Misuse of Public Position, IAS_I-2372-005.
Absence of Impact On Public 1350-1352.
Alleged Ignorance of Official Policy Is Not One, IAS_I-2373-001.
Failure to Prove All Allegations Within a Complaint, IAS_I-2374-001.
Lack of Proof of Intentional Misconduct, IAS_I-2375-001.
Loss of Public Office Due to Assailed Conduct, IAS_I-2376-001.
Reliance On Advice of Counsel Is Not An Absolute Defense, IAS_I-2377-003.
Service Without Compensation, IAS_I-2378-001.
Commission Declines to Impose Multiple Penalties For Multiple Statutory Violations Arising Out of a Single Factual Transaction, IAS_I-2379-001.
Deterrent Effect of Considered, IAS_I-2380-001.
Expenditure of Legal Fees to Defend Against Complaint Found to Constitute, IAS_I-2381-001.
Multiple Violations Arising Out of a Single Factual Matter, IAS_I-2382-001.
Restitution Penalty Payable to State Not Improper Donor, IAS_I-2383-001.
Reports of the Ethics Comm. —
Mechanics of Examined, IAS_I-2384-001.
Scope of Examined, IAS_I-2385-001.
§ 112.313(4) Found Not to Be Unconstitutionally Vague, IAS_I-2386-001.
Acceptance of Free Membership, IAS_I-2387-005.
Constructive Knowledge Provision Found Proper, IAS_I-2388-001.
Distinction Between An Honorary & Complimentary Membership Examined, IAS_I-2389-002.
Free Legal Services, IAS_I-2390-001.
Gifts For Spouse, IAS_I-2391-001.
Gratuitous Practice — Fact That a History or Tradition Exists Is Immaterial, IAS_I-2392-003.
Greater Value Heightens Suspicion, IAS_I-2393-001.
Restitution Penalty Payable to State Not Improper Donor, IAS_I-2394-001.
Roof Installed On Personal Residence At Alleged Discount — Reversed, IAS_I-2395-001.
Roof Installed On Personal Residence At Alleged Discount, IAS_I-2396-001.
Statutory Prohibition Found Unconstitutionally Vague — Supreme Court Reverses, IAS_I-2397-001.
Statutory Prohibition On Found Unconstitutionally Vague, IAS_I-2398-001.
Statutory Prohibition On Found to Impermissibly Require Knowledge of Intent of Third Parties, IAS_I-2399-001.
There Is No Requisite Wrongful Intent Element, IAS_I-2400-001.
Three (3) Part Test For, IAS_I-2401-001.
Unauthorized Compensation, IAS_I-2402-002.
Renovation of Football Stadium — Rejection of All Bids Reversed In Part — Attorney’s Fees Awarded, IAS_I-2403-001.
Does Not Pledge Public Credit or Taxing Power, IAS_I-2404-001.
FDFC Need Merely Show That Some Public Interest Is Served, IAS_I-2405-001.
Fact That Private Entity Is the Primary Beneficiary Does Not Matter, IAS_I-2406-001.
Special Rather Than General Obligation, IAS_I-2407-001.
Power of FDFC to Guarantee Bonds Examined, IAS_I-2408-001.
Statutory Purpose of Examined, IAS_I-2409-001.
Cross-Connection Control & Back-Flow Prevention Policy — Wells & Cisterns, IAS_I-2410-001.
Statutory Powers of Examined, IAS_I-2411-001.
Challenge to Monroe County Development Order Allowing Construction of Residential Verticle Seawall & Dock, IAS_I-2412-001.
Statutory Criteria For Examined, IAS_I-2413-001.
DOAH Report On Rule to Establish Central Viera Community Development Dist., IAS_I-2414-001.
Challenge to Disciplinary Action In Alleged Cheating Incident Rejected, IAS_I-2415-001.
DOAH Order Compelling Access Reversed, IAS_I-2416-001.
Student Privacy & University Interests Found to Outweigh Student’s Right of Access to Full Text of Final Orders, IAS_I-2417-001.
Lack of Standing to Bring §120.57 Action Noted, IAS_I-2418-001.
Rule Challenge, IAS_I-2419-001.
Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-2420-001.
Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-2421-001.
Applicability of §120 to Comm. —
Inapplicable When Comm. Is Acting Pursuant to Constitutional Authority, IAS_I-2422-001.
Negligence — Suspension Reversed By PERC, IAS_I-2423-001.
Rules or Allegedly Unpromulgated Rules Pursuant to Constitutional Authority —
Not Subject to DOAH Challenge, IAS_I-2424-001.
Possession or Exhibition of Venomous Reptiles, IAS_I-2426-001.
Requisite Experience Found Lacking, IAS_I-2427-001.
Criminal Plea, IAS_I-2428-001.
Rule Waiver Regarding Possession of In Multi-Family Dwelling Denied, IAS_I-2429-001.
Upgrade Denied, IAS_I-2430-001.
Criminal Conviction, IAS_I-2431-001.
Evidence of Criminal Violation Found Insufficient, IAS_I-2432-001.
False Statements On Permit Application, IAS_I-2433-001.
Unsanitary Conditions, IAS_I-2435-001.
Warrantless Searches By Comm. Officers. 2209-2211-J.
Operating Without, IAS_I-2436-001.
Previous Violations of Regulations, IAS_I-2437-001.
Operating Without — Circuit Court Finding That Enforcement Constituted a “Taking” Reversed, IAS_I-2438-001.
Comm. Finds Rulemaking Regarding Not Warranted, IAS_I-2439-001.
Petition For Hearing Denied As Untimely, IAS_I-2440-001.
Default Licensure Denied, IAS_I-2441-001.
Denial of Licensure Reversed, IAS_I-2442-001.
Appointment Prerogative Examined, IAS_I-2443-001.
Challenge to Certain Proviso Language In 1995-96 Allocations From Fla. Education Finance Program —
Classroom Enhancement Incentive Proviso Struck, IAS_I-2444-001.
Challenge to Certain Proviso Language In Various 1995-96 Legislative Appropriations —
Supreme Court Strikes Proviso Language, IAS_I-2445-001.
Comptroller Refusal to Pay For Counsel Hired As An Independent Contractor Reversed, IAS_I-2446-001.
Constitutional Status As State Officer Examined, IAS_I-2447-001.
Governor’s Refusal to Renew Commission, IAS_I-2448-001.