Ad Valorem Taxation —
Assessment Against Port Authority For Improvements Constructed On Land Leased From Private Corp. Upheld, IAS_I-3923-001.
Port Authority —
A Body Politic, IAS_I-3924-001.
Repeal of Ad Valorem Tax Exemption, IAS_I-3925-001.



Coastal Construction Control Line (CCCL) (See ENVIRONMENTAL PROTECTION, Dept. of (DEP); PERMITS)
Jurisdiction —
Establishment of Speed Limits On State Waterways, IAS_I-3926-001.
Florida’s Special Interest In Regulating Marine Resources Examined, IAS_I-3927-001.
Notice of Violation/Order For Corrective Action —
House Built Seaward of Coastal Construction Control Line (CCCL) Without Requisite Permit, IAS_I-3928-001.
Permit (See Also PERMITS) —
Aquatic Plant Control —
Residence — Lake — Access Corridor, IAS_I-3929-001.
Fuel Terminal Facilities —
No Exception For Marine Facilities, IAS_I-3930-001.
Perpetual Oyster Harvesting Leases For Apalachicola Bay —
Shellfishing Found to Be a “Regulated Occupation”, IAS_I-3931-001.
Speed Limits On State Waterways —
County Court Invalidation of Volusia County Limits (Rule 16N-22) Reversed In Part, IAS_I-3932-001.
State Parks —
Challenge to Beach Driving Restrictions In Amelia Island Area, IAS_I-3933-001.


Jurisdiction —
Dams & Impoundments Fall Under, IAS_I-3934-001.
Notice of Violation/Order For Corrective Action —
Modification of Dam Without Requisite Permit, IAS_I-3935-001.


Authority of Nurses to Directly Contract With Patients, IAS_I-3936-001.
Bd. Discipline Affirmed, IAS_I-3937-001.
Bd. Discipline Reversed After Bd. Confession of Error, IAS_I-3938-001.
Bd. Revocation of License Affirmed, IAS_I-3939-001.
Inability In Profession —
Anxiety Disorder, IAS_I-3940-001.
Parallel HRS Central Abuse Proceeding Is of No Consequence, IAS_I-3941-001.


Challenge to Bd. of Optometry Rule Regarding Release of Prescriptions, IAS_I-3942-001.
Direct Supervision of Unlicensed Personnel Discussed, IAS_I-3943-001.
Overlap With Statutory Scheme Governing Optometrists Examined, IAS_I-3944-001.


§463 — Purpose of —
To Insure That Every Person Practicing Optometry Meets Minimum Requirements, IAS_I-3945-001.
Appellate Review of DOAH Nonfinal Order Compelling Discovery Denied, IAS_I-3946-001.
Challenge to Bd. Disciplinary Action As Untimely Rejected, IAS_I-3947-001.
Challenge to Discipline Based On Violation of §455.225 Time Limits Rejected — Supreme Court, IAS_I-3948-001.
Corporate/Lay/Unlicensed Practice In Chain Stores, IAS_I-3949-001.
Direct Supervision of Unlicensed Personnel Discussed, IAS_I-3950-001.
Licensure — Exam —
Challenge to Grading —
Bd. Denial of Over Contrary DOAH Recommendation Reversed, IAS_I-3951-001.
Overlap With Statutory Scheme Governing Opticians Examined, IAS_I-3952-001.
Patient Authorization Required For Release of Prescription, IAS_I-3953-001.
Requisite Written Records of Exams, IAS_I-3954-001.
Undue Influence From Corporate Chain Store Landlords Examined, IAS_I-3955-002.


County Charter Revisions Approved By Review Commission Are Not Subject to Single Subject Rule, IAS_I-3956-001.
Public Records Act —
Private Construction Company — Public Project —
Circuit Court Dismissal of Suit Seeking Records Reversed, IAS_I-3957-001.



Ad Valorem Tax Exemption —
Supreme Court Finds Applicable, IAS_I-3958-001.


South Lake Worth Dist. Beach Sand Transfer Plant —
Statutory History Regarding Exhaustively Explored, IAS_I-3959-001.


Denial of Request Related to Simulcasting Without a Hearing —
Reversed, IAS_I-3960-001.
Gulfstream Racing Park Ordered to Pay An Additional 3% From Certain Exotic Wagering to Horse Owners, IAS_I-3961-001.
License —
Race Horse Trainer — Tranquilizer Found In Urine of Race Horse, IAS_I-3962-001.
License —
Veterinarian — Controlled Substances — Clenbuterol — Revocation Affirmed, IAS_I-3963-001.
License — Occupational — Veterinarian —
Emergency Suspension — Fraudulent Conduct — Reversed, IAS_I-3964-001.
Tax Imposed By §551 On Handle —
Circuit Court Found to Have Exclusive Jurisdiction, IAS_I-3965-001.
Taxation —
Local Authority For Head or Admissions Tax Lacking, IAS_I-3966-001.
State Preemption Lacking, IAS_I-3967-001.


Control Release —
§947.146 Examined, IAS_I-3968-001.
Inmate Has Right to Proper Consideration of, IAS_I-3969-001.
Utilization of Extrinsic Evidence Examined, IAS_I-3970-001.


Air Pollution —
Applicability of Prevention of Significant Deterioration Requirements, IAS_I-3971-001.
Clay Extraction & Kiln Facility —
Modifications to Existing Plant, IAS_I-3972-001.
Compliance With Local Regulations Is Immaterial, IAS_I-3973-001.
Applicant Has Burden of Proof, IAS_I-3974-039.
Applicant’s Burden of Proof —
Preponderance of the Evidence, IAS_I-3975-011.
Shift to Intervenor After Establishment of Prima Facie Case, IAS_I-3976-001.
Application —
Agency Has Duty to Inform Applicant If Application Fee Was Not Received, IAS_I-3977-002.
Amendment of —
Post-Hearing — Denied, IAS_I-3978-001.
Res Judicata — How to Avoid Operation of After Initial Rejection, IAS_I-3979-001.
Statutory Amendment In Interim, IAS_I-3980-001.
Submittal of New Evidence At Hearing Does Not Constitute, IAS_I-3981-001.
Current Procedural Rules Utilized, IAS_I-3982-001.
Death of Applicant Post-Hearing —
Successor In Interest Can Be Substituted, IAS_I-3983-001.
Deficiencies In Can Be Cured At Hearing, IAS_I-3984-001.
Failure to Pay Application Fee Is Not Per Se a Bar to Consideration of the Merits of An Application, IAS_I-3985-001.
Inaccurate Information Affecting Notice to Neighboring Property Owners, IAS_I-3986-001.
Modification of Permit — Separate Action From Original Application, IAS_I-3987-001.
Modification of Permit — Substantial Changes —
Expiration of Underlying Permit, IAS_I-3988-001.
Modifications — Economic Viability Is Relevant, IAS_I-3989-001.
Previous Noncompliance With Permit Condition Is Germane, IAS_I-3990-001.
Real Party In Interest, IAS_I-3991-001.
Requirements For Permit Are the Same Regardless of Who Applies, IAS_I-3992-001.
Variance Request Constitutes a Separate Application, IAS_I-3993-001.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE)
Balancing of Private Property Rights & Public Interest Discussed, IAS_I-3994-001.
Coastal Construction Control Line (CCCL) (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP); NATURAL RESOURCES, Dept. of (DNR)) —
Beach Dune Walkover — Franklin County, IAS_I-3995-001.
CCCL — Purpose of Permitting Program Examined, IAS_I-3996-002.
Cumulative Impact Analysis Found Pertinent, IAS_I-3997-002.
Cumulative Impact Analysis Not Sufficient Alone As Basis For Standing, IAS_I-3998-001.
Exemption — Applicant Has Burden of Proof, IAS_I-3999-001.
Mechanics of Regulatory Scheme Examined, IAS_I-4000-001.
Multi-Family Residential Building — Collier County, IAS_I-4001-001.
Multi-Family Residential Building, IAS_I-4002-001.
Residence — Man-Made Dunes, IAS_I-4003-001.
Residence — Riprap Wall/Outbuilding, IAS_I-4004-001.
Residential Roadway to Be Constructed By a City, IAS_I-4005-001.
Residential Swimming Pool, IAS_I-4006-001.
Standing of Neighbor/Intervenor Examined, IAS_I-4007-001.
Steel Sheet Pile Bulkhead — Coastal Armoring — Existing Residences, IAS_I-4008-001.
Conditions —
DOAH Cannot Place Burden on DEP to Fashion Conditions to Resolve Violations, IAS_I-4009-001.
DOAH Hearing Officer Authority to Recommend Additional Conditions Questioned, IAS_I-4010-001.
DOAH Hearing Officer Has Authority to Recommend Additional Conditions, IAS_I-4011-001.
Discretion & Authority of DER to Impose, IAS_I-4012-001.
Impact On Grandfather Rights Examined, IAS_I-4013-001.
Modifications — Due Process, IAS_I-4014-001.
Practicable —
Applicant Has Burden to Show Proposed Conditions Are Not, IAS_I-4015-001.
Defined In Context of Financial Feasibility, IAS_I-4016-001.
Consent Order —
Intervenor —
Challenge Dismissed For Lack of Standing, IAS_I-4017-001.
Standing Found For Hearing Regarding Settlement of Parallel Judicial Proceeding, IAS_I-4018-001.
Construction (See Also Air Pollution; ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
Air Curtain Incinerator — Defined, IAS_I-4019-001.
Air Curtain Incinerator — Private — Landscaping Debris — Replacement Unit, IAS_I-4020-001.
Biological Waste Incinerator (See Also DECLARATORY STATEMENTS) —
Begin Construction Defined, IAS_I-4021-001.
Extension of Permit — Statutory Moratorium — Intervenor Protest, IAS_I-4022-002.
Incinerator Stack Found Integral to the Project, IAS_I-4023-001.
Modification of Permit — Underlying Permit Expires, IAS_I-4024-001.
Pertinent Statutes & Rules Examined, IAS_I-4025-002.
Statutory Moratorium — Applicability of Exhaustively Explored, IAS_I-4026-001.
Statutory Moratorium — Chap. 92-11, IAS_I-4027-004.
Statutory Moratorium — Does Not Toll Expiration Date of Already Issued Permits, IAS_I-4028-001.
Statutory Moratorium — Found Not to Bar Permit Modification, IAS_I-4029-001.
Statutory Moratorium — No Retroactive Application, IAS_I-4030-001.
Biological Waste Incinerator, IAS_I-4031-001.
Dairy —
Waste Management System Near Suwannee River, IAS_I-4032-001.
Dairy Waste Management System, IAS_I-4033-001.
Distinction Between a Construction & Operating Permit Examined, IAS_I-4034-001.
Hazardous Waste Incinerator —
Certificate of Need (CON) Regulation Discussed, IAS_I-4035-001.
Injection Wells — Surface Water Management — U.S. Navy — Key West, IAS_I-4036-001.
Landfill —
Advisory Report By Water Management Dist. On Water Resource Impacts, IAS_I-4037-002.
Compliance With Design Standards Creates Presumption of Compliance With Performance Standards, IAS_I-4038-001.
Construction & Demolition Debris — Private — Renewal, IAS_I-4039-001.
Construction & Demolition Debris –Private, IAS_I-4040-001.
Failure of Water Management District to Prepare Report On Groundwater Impacts, IAS_I-4041-001.
General Permit — Renewal — Order Problem — Operator Found Not Irresponsible, IAS_I-4042-001.
Municipal — Holmes County, IAS_I-4043-001.
Wetlands — Absence of Jurisdictional Wetlands Need Not Be Affirmatively Demonstrated, IAS_I-4044-001.
Oil & Gas Exploration Well — Financial Security Deposit, IAS_I-4045-001.
Public Drinking Water Facility — Expansion of Existing Reverse-Osmosis Plant on Island, IAS_I-4046-001.
Reef — Prefabricated Erosion Prevention, IAS_I-4047-001.
Wastewater Treatment Plant (See Wastewater Treatment Plant)
Wellfield/Wellwater Collection/Electrodialysis Reversal Water Treatment Plant, IAS_I-4048-001.
Construction & Operation —
Pipeline to Convey Treated Wastewater From Paper Mill In Georgia to the Withlacoochee River, IAS_I-4049-001.
Water Management Districts Have Exclusive Jurisdiction, IAS_I-4050-001.
Cumulative Impact (See Also Secondary Impact) —
Applicant Has Burden to Provide Reasonable Assurances Regarding, IAS_I-4051-001.
Coastal Construction Control Line (CCCL) Permitting, IAS_I-4052-001.
Concept of Derives From Dredge & Fill Caselaw, IAS_I-4053-001.
DEP Consideration of Mandated By Statute, IAS_I-4054-001.
Found Lacking, IAS_I-4055-004.
Found to Be Acceptable, IAS_I-4056-002.
Found to Be Unacceptable, IAS_I-4057-001.
No De Minimis Exception, IAS_I-4058-001.
Statutory Codification of This Doctrine Examined, IAS_I-4059-001.
Declaratory Statements (See DECLARATORY STATEMENTS)
Default Permit (§120.60(2)) (See Also PRACTICE & PROCEDURE) —
Benefits or Rights Under Cannot Exceed Those Allowed By Law, IAS_I-4060-001.
Calculation of Time Limits, IAS_I-4061-001.
Denied, IAS_I-4062-004.
Failure to Submit Requested Information Tolls Time Limits, IAS_I-4063-001.
Granted, IAS_I-4064-001.
Dredge & Fill (See Also Cumulative Impact, Reasonable Assurances; ENVIRONMENTAL PROTECTION, Dept. of (DEP), Jurisdiction) —
§1993 Statutory Abolition of “Dredge & Fill” Permits —
On Hold Until New Rules Are Promulgated, IAS_I-4065-001.
After-the-Fact, IAS_I-4066-003.
Amendment of Controlling Statute —
New Rules to Have Been Adopted By 7/1/94 Not Adopted — Old Rules Utilized, IAS_I-4067-001.
Applicant Denied Title to Subject Land In Parallel Circuit Court Eminent Domain Action, IAS_I-4068-001.
Boatslip & Canal — Residential, IAS_I-4069-001.
Canal —
Access to Marina, IAS_I-4070-001.
Bridge — Large Multi-Family Residential Development, IAS_I-4071-001.
Closed Residential System — Connection to Surface Waters of the State, IAS_I-4072-001.
Commercial & Office Development, IAS_I-4073-001.
Commercial Development, IAS_I-4074-001.
County Installation of Regulatory Markers In Certain Inland Waters In Order to Regulate Personal Watercraft, IAS_I-4075-001.
Cumulative Impact (See Cumulative Impact)
Dock — Exemption (See Exemption)
Dock & Retaining Wall — Residence, IAS_I-4076-001.
Private — Exemption, IAS_I-4077-001.
Private — Outstanding Fla. Waters, IAS_I-4078-001.
Private, IAS_I-4079-006.
Public — Adjacent to Boat Ramp, IAS_I-4080-001.
Residential Subdivision — Removal of Plugs, IAS_I-4081-001.
With Appurtenant Roofs Discussed, IAS_I-4082-001.
Elimination or Reduction Requirement Exhaustively Explored, IAS_I-4083-001.
Environmental Resource Permit (ERP) —
Recent Legislative Amendments Not Yet Implemented Due to Administrative Challenges, IAS_I-4084-001.
Exemption —
Applicant Has the Burden of Proof, IAS_I-4085-002.
Dock — Residential, IAS_I-4086-001.
Grandfather Status — Limerock Mining Activities — Collier County, IAS_I-4087-001.
Maintenance Dredging Exemption, IAS_I-4088-002.
No Duty to Give Notice of Expiration of Grandfather Status, IAS_I-4089-001.
Seawall & Catwalk — After-the-Fact — Residence, IAS_I-4090-001.
Seawall — Residential Structure on Canal — Intervenor Protest, IAS_I-4091-001.
Status of a “Plug” as a “Barrier”, IAS_I-4092-001.
Fishing Pier & Dock — Public, IAS_I-4093-001.
Grandfathered Rights — Impact of Permit Conditions On Examined, IAS_I-4094-001.
Jurisdiction (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
§403 To Be Liberally Construed In Favor of Public Interest, IAS_I-4095-001.
Canals & Ditches Do Not Have Floodplains, IAS_I-4096-001.
Eminent Domain Condemnation of Environmentally Sensitive Land — DER Has No Power to Review, IAS_I-4097-001.
Jurisdictional Determinations Exhaustively Explored, IAS_I-4098-001.
Natural Landward Extent of Water Examined, IAS_I-4099-001.
Normal Hydrologic Conditions Discussed, IAS_I-4100-001.
One-In-Ten Year Flood Event Discussed, IAS_I-4101-001.
Presumption — None That Canals Were Legally Dredged, IAS_I-4102-001.
Presumption Exists That Governmental Projects Are Legally Done, IAS_I-4103-001.
Surface Water Management System (See Surface Water Management System)
Vegetative Indices Discussed, IAS_I-4104-001.
Marina —
Access Canal, IAS_I-4105-001.
Endangered Species — Manatees — Requisite Protection of, IAS_I-4106-001.
Marina & Large Scale Development, IAS_I-4107-001.
Private — Sailboats Only Restriction — Manatees, IAS_I-4108-001.
Shellfish Harvesting Waters, IAS_I-4109-001.
Untimely Request For Hearing, IAS_I-4110-001.
Mitigation Plans —
Availability of Mitigation Requires Proof that Modifications to the Project Are Not “Practicable”, IAS_I-4111-001.
Cannot Be Used to Overcome Failure to Provide Reasonable Assurances, IAS_I-4112-001.
Criteria For Measuring Success of Man-Made Wetlands, IAS_I-4113-001.
DOAH Found to “Confound” With Public Interest Test, IAS_I-4114-001.
DOAH Resolves Factual Issues — Ultimate Decision Is the Providence of DEP As a Conclusion of Law, IAS_I-4115-004.
DEP Has Ultimate Authority Over Any Plan, IAS_I-4116-002.
DEP Must Consider, IAS_I-4117-001.
Discussed, IAS_I-4118-001.
Failure of Other Plans — Similarities Must Be Established to Be Probative, IAS_I-4119-001.
Found Insufficient, IAS_I-4120-001.
Guarantee Not Required, IAS_I-4121-001.
History of Man-Made Wetlands Found Abysmal But Improving, IAS_I-4122-001.
History of Past Mitigation Failures Acknowledged But Distinguished From Current Approach, IAS_I-4123-001.
Mechanically Driven Pumps & Aeration Systems Disfavored, IAS_I-4124-001.
Modification Sought — Local Government Withholds Approval — Denied, IAS_I-4125-001.
Performance Bond Provides Greater Assurance Than Corporate Guarantee, IAS_I-4126-001.
Practicable Defined, Discussed & Found to Involve Economic Attribute, IAS_I-4127-001.
Practicable Defined, Discussed & Found to Involve Economic Attributes Which Are Exhaustively Explored, IAS_I-4128-001.
Required Only If Public Interest Test Is Not Satisfied, IAS_I-4129-001.
Role of In Offsetting Unacceptable Negative Impacts Examined, IAS_I-4130-001.
Substantial Likelihood Defined & Discussed, IAS_I-4131-001.
Private, IAS_I-4132-001.
Public Interest Test —
Aesthetic Considerations Are Not Part of But Can Come Into Play, IAS_I-4133-001.
Applicant Has Burden of Showing Compliance With, IAS_I-4134-001.
Conclusion of Law, IAS_I-4135-003.
DOAH Found to “Confound” With Mitigation Plan, IAS_I-4136-001.
DEP – Not DOAH – Must Weigh Criteria, IAS_I-4137-003.
Discussed, IAS_I-4138-001.
Environmental Impacts — All Must Be Considered, IAS_I-4139-001.
Historical & Archaeological Considerations — Discussed, IAS_I-4140-001.
Manatees — There Is No Absolute Prohibition On Increased Hazards, IAS_I-4141-001.
Navigational Impacts Discussed, IAS_I-4142-001.
Navigational Impediment Distinguished From Inconvenience, IAS_I-4143-001.
Recreation Values Vis Manatee Hazards — Power Boats, IAS_I-4144-001.
Residence/Seawall/Septic Tank/Drainfield/Access Road, IAS_I-4145-001.
Seven (7) Part Test, IAS_I-4146-011.
Water Quality Standards Are a Threshold Test, IAS_I-4147-001.
Reasonable Assurances (See Also Reasonable Assurances) —
Mitigation Plan Utilized Must Be Shown to Have a Reasonable Likelihood of Success, IAS_I-4148-001.
Replacement Fixed Span Bridge For Drawbridge — DOT — Sarasota Pass, IAS_I-4149-001.
Residence — House Pads — Driveway, IAS_I-4150-001.
Residence — House, IAS_I-4151-002.
Residence — Rebuilding After Storm Demolition, IAS_I-4152-001.
Residence — Septic Tank — Drainfield, IAS_I-4153-001.
Residence — To Be Built On Overwater Platform, IAS_I-4154-001.
Residence/Garage/Roadway, IAS_I-4155-001.
Road — DOT Does Not Have Exclusive Jurisdiction Over Design As It Relates to the “Public Interest”, IAS_I-4156-001.
Seawall — Verticle Seawall Defined, IAS_I-4157-001.
Seawall/Riprap — Residence, IAS_I-4158-001.
Secondary Impact (See Also Cumulative Impact) —
Can & Must Be Considered, IAS_I-4159-002.
Concept of Derives From Dredge & Fill Caselaw, IAS_I-4160-001.
Defined & Discussed, IAS_I-4161-002.
Defined, IAS_I-4162-001.
Discussed, IAS_I-4163-001.
Found Lacking, IAS_I-4164-001.
Permissible Analysis For Dredge & Fill Permitting, IAS_I-4165-001.
Related Development — Surface Water Management System Permitted By Water Management District, IAS_I-4166-001.
Shopping Center In Wetlands, IAS_I-4167-001.
Stipulation —
Parties Are Bound By, IAS_I-4168-001.
Stormwater Management Impacts (See Also Surface Water Management System) —
Discussed, IAS_I-4169-001.
Water Management Districts Will Not Be Second-Guessed By DEP, IAS_I-4170-001.
Subaqueous Sewer Pipeline, IAS_I-4171-001.
Transmission Line Corridor — Electrical Power Plant, IAS_I-4172-001.
Variance —
Application For — Separate Application Fee Is Proper, IAS_I-4173-001.
Application For Separate & Distinct From Permit Application, IAS_I-4174-001.
Does Not Constitute A “License” Within the Purview of §120.52(9) & §120.60(2), IAS_I-4175-001.
Variance Request Constitutes a Separate Application, IAS_I-4176-001.
Water Control Structure & Road Culverts — Existing — Municipal — Replacement, IAS_I-4177-001.
Wetlands —
Forested Wetlands Have Unique Functions Not Equivalent to Herbaceous Wetlands, IAS_I-4178-001.
Environmental Resources —
Marina — Necessity For Long-Term Water Quality Monitoring Program, IAS_I-4179-001.
Renovation & Reconfiguration of Dock — Marina, IAS_I-4180-001.
Found Not to Constitute Contracts, IAS_I-4181-001.
General Permits —
Construction & Demolition Debris Landfill — Private, IAS_I-4182-001.
Generally Not Denied While Deliberations Take Place, IAS_I-4183-001.
No Third Party Challenges, IAS_I-4184-001.
Renewal — Construction & Demolition Debris Landfill, IAS_I-4185-001.
Rules Regarding Examined, IAS_I-4186-001.
Used Oil Recycling Facility, IAS_I-4187-001.
Utilized For Projects With Minimal Impact — Individually or Cumulatively, IAS_I-4188-001.
Lobster Trap Certificates —
Challenge to Initial Allotment, IAS_I-4189-001.
Mitigation Plans (See Dredge & Fill)
Operating —
Biological Waste Incinerator, IAS_I-4190-001.
Distinction Between Construction & Operating Permits Examined, IAS_I-4191-001.
Distinction Between a Construction & Operating Permit Examined, IAS_I-4192-001.
Pipeline to Convey Treated Pulp Mill Wastewater to River, IAS_I-4193-001.
Renewal —
Generally Not Denied While Deliberations Take Place, IAS_I-4194-001.
Previous Violations — Responsibility of Operator, IAS_I-4195-001.
Temporary Operating —
Wastewater Treatment System — Private — Mobile Home Park, IAS_I-4196-001.
Wastewater Treatment Plant (See Also Wastewater Treatment Plant) —
Used Oil Recycling Facility, IAS_I-4197-001.
Public Interest Test (See Dredge & Fill) —
Aesthetic Considerations Are Not Part of, IAS_I-4198-001.
Conclusion of Law, IAS_I-4199-001.
Environmental Impacts — All Must Be Considered, IAS_I-4200-001.
Seven (7) Part Test Is Exhaustive, IAS_I-4201-001.
Seven (7) Part Test, IAS_I-4202-001.
Reasonable Assurances —
Burden of Proof —
Intervenor, IAS_I-4203-001.
On Applicant, IAS_I-4204-002.
Preponderance of Evidence, IAS_I-4205-001.
Conclusion of Law Involving Underlying Factual Issues, IAS_I-4206-003.
Cumulative Impact (See Cumulative Impact)
DER Must Require, IAS_I-4207-001.
Defined & Discussed, IAS_I-4208-010.
Found Established by Water Management District Permitting of Parallel Surface Water Management System, IAS_I-4209-001.
Found Not Provided, IAS_I-4210-004.
Guarantee of Performance Supported By Other Competent Substantial Evidence, IAS_I-4211-001.
Incorporation of Latest Recognized Techniques Is Not Per Se Adequate, IAS_I-4212-001.
Mixed Question of Law & Fact, IAS_I-4213-001.
Necessity & Desirability of Long-Term Water Quality Monitoring Program, IAS_I-4214-001.
Need For Project Is Not Considered, IAS_I-4215-001.
Never Absolute, IAS_I-4216-008.
Previously Unpermitted Activities, IAS_I-4217-001.
Prima Facie Proof of By Applicant Shifts Burden of Proof to Intervenors, IAS_I-4218-001.
Requisite Flexibility Regarding Provisions of Examined, IAS_I-4219-001.
Secondary Impact (See Dredge & Fill)
Worst Case Scenario Need Not Be Disproved, IAS_I-4220-001.
Worse Case Scenario Not Presumed, IAS_I-4221-001.
Res Judicata (See Also PRACTICE & PROCEDURE) —
Applicable, IAS_I-4222-001.
Rule Variance —
Intervenor Protest Dismissed As Untimely, IAS_I-4223-001.
Secondary Impact (See Dredge & Fill)
Septic Tank (See Also HRS, Dept. of, License, Septic Tank Contractor) —
Aerobic — Annual Operating Permit Found Required, IAS_I-4224-001.
Applicant Has Burden of Proof By a Preponderance of the Evidence, IAS_I-4225-002.
Applicant Has Burden of Proof, IAS_I-4226-001.
Residential —
Inadequate Lot Size, IAS_I-4227-001.
Inadequate Setback From Surface Water, IAS_I-4228-001.
Intervenor Protest (See Also PRACTICE & PROCEDURE), IAS_I-4229-001.
Lots Less Than 1/2 Acre, IAS_I-4230-001.
Restroom — Addition, IAS_I-4231-001.
Sanitary Nuisance, IAS_I-4232-001.
Subdivision — Third Party Protest By Private Utility Dismissed, IAS_I-4233-001.
Residential, IAS_I-4234-005.
Revocation —
Failure to Repair Drainfield, IAS_I-4235-001.
Paving Over Drainfield, IAS_I-4236-001.
Sanitary Nuisance —
Defined, IAS_I-4237-001.
Food Distributor, IAS_I-4238-001.
Leasee of Building Found Not Liable, IAS_I-4239-001.
Restaurant, IAS_I-4240-001.
Setback From Well —
Flow From Residential Subdivision Aggregated For Purposes of Calculating, IAS_I-4241-001.
Inadequate, IAS_I-4242-001.
Variance —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-4243-001.
Denied, IAS_I-4244-007.
Granted, IAS_I-4245-001.
Hardship — Cannot Be Creation of Applicant, IAS_I-4246-001.
Hardship — HRS Rule Invalidated As Increasing Statutory Standard, IAS_I-4247-001.
May Not Be Granted Contrary to Blanket Statutory Prohibition, IAS_I-4248-001.
Rule Requiring “Excessive” Hardship & Only “Minor” Deviations Found Invalid, IAS_I-4249-001.
Surface Water Management System (See Also Dredge & Fill, Stormwater Management Impacts; SOUTH FLORIDA WATER MANAGEMENT Dist.; SOUTHWEST FLORIDA WATER MANAGEMENT Dist.; ST. JOHNS RIVER WATER MANAGEMENT Dist.) —
DER Finds Strong Preference For Water Management District Regulation Under §373, IAS_I-4250-001.
DER Will Not Entertain Collateral Attack On Water Management District Permitting of, IAS_I-4251-001.
Injection Wells — U.S. Navy — Key West, IAS_I-4252-001.
Road In Wetland, IAS_I-4253-001.
Third Party Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
§403.412 — Purpose of Examined, IAS_I-4254-001.
An Intervenor Cannot Also Intiate a Duplicate Parallel Proceeding, IAS_I-4255-001.
Burden of Proof (See Also PRACTICE & PROCEDURE) —
Establishment & Effect of Prima Facie Case, IAS_I-4256-004.
Expert Testimony On Matters Outside Prehearing Order Found to Require Remand, IAS_I-4257-001.
Respective Burdens of Proof of Applicant & Intervenor, IAS_I-4258-001.
Shift to After Applicant Proves Prima Facie Case, IAS_I-4259-001.
Shift to After Applicant Provides Reasonable Assurances, IAS_I-4260-005.
Notice — Publication In Newspaper of General Application —
Availability to the Local Public Examined, IAS_I-4261-001.
Best Publication Not Required, IAS_I-4262-001.
Local Printing & Publication Not Required, IAS_I-4263-001.
Party Who Successfully Intervenes Lacks Standing to Assail Adequacy of Notice, IAS_I-4264-001.
Statutory Requirements Carefully Examined, IAS_I-4265-001.
Standing (See Also Burden of Proof) —
Association — Property Owners — Special Injury Need Not Be Shown, IAS_I-4266-001.
Association — Substantial Number of Though Not Necessarily a Majority Must Have Standing, IAS_I-4267-001.
Association — Three (3) Part Test, IAS_I-4268-001.
Concept of Standing Exhaustively Explored, IAS_I-4269-001.
Consent Order (See Consent Orders)
County Government — Liberal Standing Under §403.412(5) Examined, IAS_I-4270-001.
Denial of Reversed, IAS_I-4271-001.
Economic Injury Alone Insufficient, IAS_I-4272-002.
Exemption Granted to Another Party — None, IAS_I-4273-001.
Failure to Correctly Cite Statutory Basis For Is Not Fatal, IAS_I-4274-001.
Failure to Establish Interests Greater Than Public In General, IAS_I-4275-001.
General Permits, IAS_I-4276-001.
Injury — Special Injury Not Required, IAS_I-4277-001.
Injury-In-Fact Cannot Be Speculative, IAS_I-4278-001.
Injury-In-Fact Discussed, IAS_I-4279-001.
Landowner Impacted By Permitting Definitely Has It, IAS_I-4280-001.
Multiple Parties — Standing For Most Construed As Standing For All, IAS_I-4281-001.
Not Merely a Matter to Be Resolved At Hearing — Sufficient Averments Are Required, IAS_I-4282-001.
Principal Issues of the Case Are Limiting Factors, IAS_I-4283-001.
Purpose of Standing Requirements Discussed, IAS_I-4284-001.
Requirements For Are Prescribed By Statute In Administrative Proceedings, IAS_I-4285-001.
Substantial Interest Test, IAS_I-4286-002.
Sufficiency of Allegations Is Determinative, IAS_I-4287-001.
To Compel Enforcement Action — None, IAS_I-4288-001.
To Contest Agency Settlement In Parallel Judicial Proceeding, IAS_I-4289-002.
Two-Prong Test, IAS_I-4290-012.
Zone of Interest — Defined & Discussed, IAS_I-4291-001.
Zone of Interest — Navigational Impediments, IAS_I-4292-001.
Zone of Interest Defined, IAS_I-4293-002.
Voluntary Dismissal Does Not Divest Agency Jurisdiction (See Also PRACTICE & PROCEDURE, Voluntary Dismissal, IAS_I-4294-002.
Waste Tire Site Closure —
Pertinent Statutory & Rule Framework Examined, IAS_I-4295-001.
Wastewater Treatment Plant —
Applicability of Advanced Waste Treatment Provisions, IAS_I-4296-001.
Distinction Between Construction & Operating Permits Examined, IAS_I-4297-001.
Domestic Collection/Transmission System, IAS_I-4298-001.
Extended Aeration — Rapid Rate Land Application — Farm, IAS_I-4299-001.
Indian River Lagoon Act Construed, IAS_I-4300-001.
Municipal/Collection & Transmission System, IAS_I-4301-001.
Operating —
Application For Distinguished From Construction Permit, IAS_I-4302-001.
No Federal Preemption, IAS_I-4303-001.
Renewal of Denied, IAS_I-4304-001.
Percolation Ponds — Municipal, IAS_I-4305-001.
Private — Reuse/Land Application System — Island, IAS_I-4306-001.
Private — Untimely Request For Hearing, IAS_I-4307-001.
Private, IAS_I-4308-001.
Spay Irrigation —
Zone of Discharge Defined, IAS_I-4309-001.
Variance For Discharge Granted — City of Key West, IAS_I-4310-001.
Consumptive Use —
Consumptive Use Permitting — Separate & Apart From Minimum Flows & Levels Programs, IAS_I-4311-001.
Surface Water Management Permitting — DEP Will Not Second-Guess Water Management Districts, IAS_I-4312-001.
Water Quality Standards —
Depend In Part On Quality of Preexisting Water, IAS_I-4313-001.
Dissolved Oxygen Is the Most Critical Parameter, IAS_I-4314-002.
Net Improvement Standard Found Inapplicable, IAS_I-4315-001.


Bd. Discipline Reversed, IAS_I-4316-001.
Challenge to Rates of Pilotage —
Rejected As Premature — Free Form Proceedings Discussed, IAS_I-4317-001.
Emergency Suspension Lifted, IAS_I-4318-001.


Referendum to Establish Term Limits —
Elections Supervisor Rejects Signatures As Intended For Previous Ballot Only —
Circuit Court Rejection of Challenge Affirmed, IAS_I-4319-001.



Bd. of Adjustment —
Variance — Setback — Circuit Court Order Requiring Hearing Reversed, IAS_I-4320-001.


§120 Deadlines (See Harmless Error)
Agencies Cannot Ignore Express Provisions, IAS_I-4321-001.
Found Inapplicable to County Government Personnel Appeals, IAS_I-4322-001.
Primary Purpose —
Abolition of Unwritten Rules, IAS_I-4323-002.
Examined, IAS_I-4324-001.
Readily Ascertainable Uniform Proceeding, IAS_I-4325-001.
Separate Provisions Must Be Construed As a Whole, IAS_I-4326-001.
Affirmative Defense (See Also Estoppel) —
Accord & Satisfaction — Dept. of Revenue, IAS_I-4327-001.
Defined, IAS_I-4328-001.
Failure to Plead, IAS_I-4329-001.
Movant Has the Burden of Proof, IAS_I-4330-001.
Reliance On Advice of Counsel — Usually Does Not Constitute, IAS_I-4331-001.
Standing — Challenge to, IAS_I-4332-001.
Agency —
Caselaw Defining Surveyed, IAS_I-4333-001.
Creature of Statute — No Inherent Powers, IAS_I-4334-001.
Definition of Examined, IAS_I-4335-003.
Game & Fresh Water Fish Comm. Does Not Constitute When Acting Pursuant to Constitutional Authority, IAS_I-4336-001.
Has Only Those Powers Expressly Delegated, IAS_I-4337-003.
Judiciary Is Not An “Agency”, IAS_I-4338-001.
Legislature Is Not An “Agency”, IAS_I-4339-001.
Local Government Does Not Constitute For Purposes of §120, IAS_I-4340-001.
Orlando – Orange County Expressway Authority Found to Constitute, IAS_I-4341-001.
Special District Distinguished From, IAS_I-4342-001.
Territorial Approach to Determination of Status As, IAS_I-4343-001.
Amendment of Pleadings —
Denial of Found to Constitute Abuse of Discretion, IAS_I-4344-001.
Post-Hearing to Conform to Evidence —
Granted Over Contrary DOAH Recommendation, IAS_I-4345-001.
To Be Liberally Accorded, IAS_I-4346-001.
To Be Liberally Allowed So Merits of Case Are Reached, IAS_I-4347-003.
Attorney —
Withdrawal At Hearing — No Bar to Fair Hearing, IAS_I-4348-001.
§57.105 —
Applicable Standard of Proof, IAS_I-4349-002.
Awarded, IAS_I-4350-001.
Denied, IAS_I-4351-004.
Frivolous Claim Defined & Discussed, IAS_I-4352-001.
Purpose of Awards Under Examined, IAS_I-4353-001.
§112.317(8) (See ETHICS, Comm. On) —
§120.57(1)(b)(5) —
§57.111 Relief Is Separate & Distinct, IAS_I-4354-001.
Agency (HRS) Petition For Against Bid Protestant, IAS_I-4355-001.
Agency Without Jurisdiction to Overrule DOAH Denial of Motion For In Its Own Final Order, IAS_I-4356-001.
Analogous Federal Caselaw Is Pertinent, IAS_I-4357-003.
Appellate Review of Underlying Proceeding Does Not Abate Motion For, IAS_I-4358-001.
Available to DOAH Only, IAS_I-4359-002.
Award Apportioned Between Intervenor/Nonprofit Organization & Its President, IAS_I-4360-001.
Award of Against Counsel For Petitioner Examined, IAS_I-4361-001.
Awarded, IAS_I-4362-006.
Bid Protest, IAS_I-4363-002.
DOAH Cannot Award On Basis of Agency Action Occurring After It Relinquishes Jurisdiction, IAS_I-4364-001.
DOAH Order Regarding Is a “Final” Order, IAS_I-4365-001.
DER — Permit — Intervenor Protest, IAS_I-4366-001.
Denied, IAS_I-4367-015.
Failure to Request In Pre-Trial Stipulation Regarding Outstanding Issues Found Fatal, IAS_I-4368-001.
Federal Caselaw Under Analogous Provision Examined, IAS_I-4369-002.
Final Order Closing Underlying Proceeding Found Not to Bar Motion For, IAS_I-4370-001.
Frivolous Defined & Discussed, IAS_I-4371-001.
Frivolous Purpose Defined & Discussed, IAS_I-4372-001.
HRS — Medicaid Reimbursement Denial — Home Health Agency, IAS_I-4373-001.
Improper Purpose — Test For Examined, IAS_I-4374-001.
Improper Purpose Defined & Discussed, IAS_I-4375-005.
Improper Purpose Exhaustively Explored, IAS_I-4376-001.
Improper Purpose Measured As of Time An Action Is Initiated, IAS_I-4377-001.
Lay Person Is Not Held to a Lesser Standard of Conduct, IAS_I-4378-001.
Motion For Found to Constitute An Ancillary Proceeding Not Requiring Separate Service of Process, IAS_I-4379-001.
Must Be Sought During Course of §120.57 Proceeding, IAS_I-4380-001.
Need For Additional Evidentiary Hearing Discussed, IAS_I-4381-001.
Need Not Be Sought In Course of §120.57 Proceeding, IAS_I-4382-001.
Partial Recovery From Third Party Does Not Bar This Action, IAS_I-4383-001.
Purpose of Awards Under Examined, IAS_I-4384-001.
Reasonableness Under Circumstances Test, IAS_I-4385-001.
Separate Hearing On Discussed, IAS_I-4386-001.
Similarity to Federal Counterpart (Rule 11) Noted, IAS_I-4387-001.
Strict Time Limits For Filing §120 Petitions Preclude Exhaustive Prefiling Inquiries, IAS_I-4388-001.
Time Limit For Requesting Examined, IAS_I-4389-001.
Willfulness Or Bad Faith Need Not Be Proven, IAS_I-4390-002.
§120.57(1)(b)(10) —
Awarded, IAS_I-4391-001.
Can Only Be Awarded By An Appellate Court, IAS_I-4392-002.
DOAH Hearing Officer Appointed As Special Master If Parties Do Not Stipulate As to Amount, IAS_I-4393-001.
Denied, IAS_I-4394-003.
Granted, IAS_I-4395-001.
§120.575 —
Analogous to §57.105, IAS_I-4396-001.
Appellate Fees & Costs, IAS_I-4397-001.
Applicable Standards Discussed, IAS_I-4398-001.
Denied, IAS_I-4399-001.
Effective Date of Examined, IAS_I-4400-001.
Frivolous Suit — Standards For, IAS_I-4401-001.
§120.58(3) —
Award of Pursuant to Reversed, IAS_I-4402-001.
§120.59(6) —
DER — Permit — Intervenor Protest, IAS_I-4403-001.
Denied, IAS_I-4404-012.
Improper Purpose — Found to Constitute a Question of Fact, IAS_I-4405-001.
Improper Purpose — Four (4) Part Test For, IAS_I-4406-001.
Improper Purpose Does Not Equate With Incompetence, IAS_I-4407-001.
Post-Hearing Petition For Denied As Untimely, IAS_I-4408-001.
Post-Hearing Work Excluded, IAS_I-4409-001.
Prevailing Party Defined, IAS_I-4410-001.
There Is No Analogous Federal Provision, IAS_I-4411-001.
§120.69 Enforcement Proceeding —
Fees Are Recoverable Subject to §284.30 Notice Requirements, IAS_I-4412-001.
§286 —
Mandatory Language Does Not Supersede Fla. R. App. Procedure, IAS_I-4413-001.
§443.041(2)(b)(2) —
Award Vacated, IAS_I-4414-001.
§448.08 —
Award of Pursuant to Reversed, IAS_I-4415-001.
§766.31(1)(c) —
Awarded, IAS_I-4416-001.
Additional §120.57 Proceeding to Determine Amounts, IAS_I-4417-001.
Attorney’s Fee Provisions Are In Derogation of Common Law Therefore Strictly Construed, IAS_I-4418-005.
Award of Affirmed, IAS_I-4419-002.
Award of Contrary to DOAH Recommendation Reversed, IAS_I-4420-001.
Award of For Collateral Proceeding Examined — Rule Challenge, IAS_I-4421-001.
Award of Interest On During Appellate Review Denied, IAS_I-4422-001.
Award of Reversed Due to Insufficient Proof, IAS_I-4423-001.
Class Actions (See Also Class Action) —
Determination of Exhaustively Explored, IAS_I-4424-001.
Disposition of Unclaimed Fees, IAS_I-4425-001.
Standing of Attorney General to Represent Citizens, IAS_I-4426-001.
Denied, IAS_I-4427-002.
Equal Access to Justice Act (§57.111) —
§57.111 Case Constitutes a Separate Administrative Proceeding, IAS_I-4428-001.
§57.111 Is Strictly Construed Since It Abrogates Common Law, IAS_I-4429-001.
$15,000 Cap Applies to Consolidated Cases Individually, IAS_I-4430-001.
$15,000 Cap Not Doubled For Two Consolidated Proceedings, IAS_I-4431-001.
$15,000 Cap On Recovery — Not Increased By Multiple Parties Using Same Attorney, IAS_I-4432-001.
Action Initiated By Agency — Agency Reliance on Outside Contractors Is Immaterial, IAS_I-4433-001.
Action Initiated By Agency — Defined & Discussed, IAS_I-4434-002.
Action Initiated By Agency — Occurs When a Complaint Is Filed & Served, IAS_I-4435-001.
Action Initiated By Agency — Voluntary Dismissal By DPR, IAS_I-4436-001.
Agency Acquiesces In Claim For Fees — Costs Awarded Too, IAS_I-4437-001.
Agency Bound By Own Rule Until Repealed, IAS_I-4438-001.
Agency Claim That the Matter Was Moot Rejected, IAS_I-4439-001.
Amended Petition – Late Filing Excused — No Prejudice, IAS_I-4440-001.
Answer — Agency — Untimeliness Excused, IAS_I-4441-001.
Appellate Fees & Costs Are Not Recoverable, IAS_I-4442-001.
Apportionment of Fees Between Consolidated Cases, IAS_I-4443-001.
Attorney’s Fees & Costs Associated With §57.111 Action Are Not Recoverable, IAS_I-4444-001.
Attorney’s Fees & Costs Associated With Judicial Appeal Recoverable Subject to $15,000 Cap, IAS_I-4445-004.
Bid Protest, IAS_I-4446-006.
Burden of Proof (See Also Establishment & Effect of Prima Facie Case) — Agency, IAS_I-4447-001.
Burden of Proof — Petitioner, IAS_I-4448-005.
Burden of Proof — Shift to Agency, IAS_I-4449-001.
Calculation of — Applicable Caselaw Found “Difficult” — Multipliers, IAS_I-4450-001.
Calculation of — Twelve (12) Factor Test, IAS_I-4451-001.
Caselaw Under Analogous Federal Provision — Fla. Act Is Similar But Not Identical, IAS_I-4452-003.
Caselaw Under Analogous Federal Provision Is Pertinent, IAS_I-4453-003.
Community Affairs/FLWAC Challenge to Monroe County Building Permit, IAS_I-4454-001.
Construction — To Be Liberally Construed to Effectuate Legislative Intent, IAS_I-4455-001.
County Government Employee, IAS_I-4456-001.
County/Intervenor Protest to Permit, IAS_I-4457-001.
DOAH Has Exclusive Jurisdiction — Cannot Be Circumvented By Agency Dismissal, IAS_I-4458-001.
Decision Based On Pleadings Without Hearing, IAS_I-4459-001.
Establishment & Effect of Prima Facie Case, IAS_I-4460-029.
Final Order First Must Be Entered, IAS_I-4461-001.
Free Form Agency Action — Review of, IAS_I-4462-001.
HRS — Central Abuse Registry — Inapplicable, IAS_I-4463-001.
HRS — Central Abuse Registry, IAS_I-4464-006.
HRS — Denial of Septage Disposal Permit, IAS_I-4465-001.
HRS — Emergency Termination of Physician’s Medicaid Provider Status, IAS_I-4466-001.
HRS — Medicaid Reimbursement Denial — Home Health Agency, IAS_I-4467-001.
Impact Fee Assessment Does Not Constitute a “Rate” Proceeding, IAS_I-4468-001.
Management Services — Denial of Minority Business Enterprise Certification, IAS_I-4469-001.
Petitioner Found to Have “Unclean Hands”, IAS_I-4470-001.
Premature Until Underlying Case Is Resolved, IAS_I-4471-001.
Prevailing Party — Bid Protest, IAS_I-4472-002.
Prevailing Party — Effect of Appellate Review on Status As Examined, IAS_I-4473-001.
Prevailing Party — Must Prevail On More Than Minor Technical Points, IAS_I-4474-001.
Prevailing Party — Need Not Prevail On All Issues, IAS_I-4475-001.
Prevailing Party — Requires Final Agency Action — Petition Dismissed As Premature, IAS_I-4476-001.
Prevailing Party Defined In Context of a Bid Protest, IAS_I-4477-001.
Prevailing Party Defined, IAS_I-4478-001.
Probable Cause Defined, IAS_I-4479-001.
Probable Cause Panel — DOAH Need Not Review Entire Transcript of Proceeding to Dispose of §57.111 Petition, IAS_I-4480-001.
Probable Cause Panel — Importance of the Investigative Report, IAS_I-4481-002.
Probable Cause Panel — Mechanics of Examined, IAS_I-4482-001.
Probable Cause Panel — Need Not Be Properly Comprised, IAS_I-4483-001.
Probable Cause Panel Need Not Double Check Consultants, IAS_I-4484-001.
Prosection Is Not Relevant, IAS_I-4485-001.
Prosecution Based On Credibility Assessment of Investigation — Has a Reasonable Basis In Law & Fact, IAS_I-4486-002.
Purpose of Examined, IAS_I-4487-008.
Record In Proceeding Below Utilized, IAS_I-4488-001.
Settlement of Parallel Civil Malpractice Suit Found Probative, IAS_I-4489-001.
Small Business Party — County Government Employee Does Not Constitute, IAS_I-4490-001.
Small Business Party — Defined & Discussed, IAS_I-4491-001.
Small Business Party — Distinction Between Mere License Holder & a Small Business Or Corporation, IAS_I-4492-001.
Small Business Party — Does Not Include Employees — Even of Closely Held Corporation, IAS_I-4493-004.
Small Business Party — Does Not Include Employees — Sole Proprietor Defined, IAS_I-4494-001.
Small Business Party — Does Not Include Employees, IAS_I-4495-004.
Small Business Party — Does Not Include Licensed Individual Who Is Also the Sole Proprietor of a Corporate Entity, IAS_I-4496-001.
Small Business Party — Does Not Include Public Official Subject to Ethics Complaint, IAS_I-4497-001.
Small Business Party — Includes Professional License Holder, IAS_I-4498-001.
Small Business Party — Must Be the Real Party In Interest In the Underlying Disciplinary Proceeding, IAS_I-4499-001.
Small Business Party — Professional (Physician) Practicing In Incorporated Professional Association, IAS_I-4500-001.
Small Business Party — Shell Corporation — Gratuitous Service Only — Does Not Constitute, IAS_I-4501-001.
Small Business Party — Status As Found Not Established, IAS_I-4502-001.
Small Business Party Defined & Discussed, IAS_I-4503-003.
Substantially Justified Agency Action — Agency Duty to Investigate Prior to Filing of Complaint, IAS_I-4504-001.
Substantially Justified Agency Action — Agency Persistence In Maintaining Unfounded Action, IAS_I-4505-001.
Substantially Justified Agency Action — DPR/Bd./Probable Cause Panel, IAS_I-4506-001.
Substantially Justified Agency Action — Fact That An Agency Lost Its Case Below Does Not Raise A Presumption Regarding, IAS_I-4507-002.
Substantially Justified Agency Action — Factors to Be Considered In Determining Examined, IAS_I-4508-001.
Substantially Justified Agency Action — Statutory Time Limit For Agency Action Immaterial, IAS_I-4509-001.
Substantially Justified Agency Action — Successful Appeal From Action Below, IAS_I-4510-001.
Substantially Justified Agency Action — Test For Examined, IAS_I-4511-001.
Substantially Justified Agency Action — There Is No Continuing Requirement For, IAS_I-4512-001.
Substantially Justified Agency Action Discussed, IAS_I-4513-007.
Substantially Justified Agency Action Found Lacking, IAS_I-4514-001.
Substantially Justified Agency Action Found Over Contrary DOAH Finding, IAS_I-4515-001.
Substantially Justified Agency Action Is Measured As of Time Action Is Initiated, IAS_I-4516-023.
Summary Disposition of Petition For, IAS_I-4517-001.
Tax Assessment — Dept. of Revenue, IAS_I-4518-001.
Third Party Partial Liability No Bar to, IAS_I-4519-001.
Time Limit — Calculation of In Event of Appellate Review, IAS_I-4520-002.
Time Limit — Calculation of, IAS_I-4521-005.
Unemployment Compensation — Proceeding Regarding Subject to §57.111, IAS_I-4522-001.
Exhaustive Exploration of Requisite Proof & Appropriate Methodology —
Common Law Principles Utilized Absent Statutory Directive, IAS_I-4523-001.
Contingency Fee — Multiplier Rejected, IAS_I-4524-001.
Contingency Fee — Multiplier Utilized to Compensate For Delay & Risk Factors, IAS_I-4525-001.
Contingency Fee — Multipliers Exhaustively Explored, IAS_I-4526-001.
Contingency Fee Approach Blasted, IAS_I-4527-001.
Customary Fee In the Locality, IAS_I-4528-001.
Federal Lodestar Approach Followed, IAS_I-4529-004.
Lodestar Adjustment By Use of Multipliers Discussed, IAS_I-4530-001.
Multipliers — Five (5) Is Maximum, IAS_I-4531-001.
Novelty & Difficulty of Case Is Pertinent, IAS_I-4532-001.
Requisite Documentation Discussed, IAS_I-4533-001.
Time Spent Must Have Been Reasonably Expended, IAS_I-4534-001.
Expert Witness Fees — Requisite Proof Regarding Nature & Purpose of, IAS_I-4535-001.
Must Be Authorized By Statute or Contract, IAS_I-4536-002.
Not Recoverable Unless Expressly Authorized by Statute, IAS_I-4537-001.
Public Officials —
Two (2) Part Test For Entitlement to, IAS_I-4538-001.
Statutes Authorizing Award of In Derogation of Common Law & Strictly Construed, IAS_I-4539-005.
Burden of Proof (See Also Evidence, Penal Nature of Revocation Proceeding; DISCIPLINE) —
Different Standards In Different Procedural Situations Is Logical, IAS_I-4540-001.
Distinguished From Burden of Going Forward, IAS_I-4541-001.
Failure to Utilize Correct Standard Found to Be Reversible Error, IAS_I-4542-002.
It Is Impossible For An Agency to Reweigh Evidence Heard At DOAH Under a Different Standard of Proof, IAS_I-4543-002.
On Party Asserting the Affirmative of An Issue, IAS_I-4544-053.
Whether Satisfied Is a Question of Fact, IAS_I-4545-002.
Class Actions (See Also Attorney’s Fees & Costs) —
Proper Vehicle For Constitutional Challenges, IAS_I-4546-001.
Clear Point of Entry (See Formal Hearing (§120.57(1)))
Collateral Estoppel (See Also Equitable Estoppel, Estoppel By Judgment, Estoppel, Res Judicata) —
Administrative Decision Is Binding In Parallel Judicial Proceeding, IAS_I-4547-001.
Appellate Reversal of Order Relied On Below, IAS_I-4548-001.
Applicable, IAS_I-4549-011.
Circuit Court Findings In Dependency Proceeding, IAS_I-4550-004.
Civil Malpractice Suit Based On Facts Established In §120 Proceeding, IAS_I-4551-001.
County Court Criminal Proceeding, IAS_I-4552-001.
Criminal Case — Parallel, IAS_I-4553-001.
Discussed, IAS_I-4554-006.
Distinction From Res Judicata, IAS_I-4555-001.
Inapplicable, IAS_I-4556-007.
Mutuality of Parties Doctrine Adopted In Fla., IAS_I-4557-001.
Offensive Use of Examined, IAS_I-4558-001.
Synonymous With Estoppel By Judgment, IAS_I-4559-001.
Constitutional Issues (See Also CONSTITUTION (Fla.) (U.S.)) —
Agencies Cannot Adjudicate, IAS_I-4560-019.
DOAH (See Also ADMINISTRATIVE HEARINGS, Div. of; Attorney’s Fees & Costs, Evidence, Harmless Error) —
Hearing Officer (See Also Harmless Error) —
Attorney Scheduling Conflict — Agency Counsel Misrepresentation, IAS_I-4561-001.
Cannot Reach Matters Not Properly & Timely Raised By the Party Litigants, IAS_I-4562-002.
Conclusions of Law — Agency Free to Reject, IAS_I-4563-003.
Consolidation With Pending Case Denied, IAS_I-4564-001.
Consolidation With Pending Case Granted, IAS_I-4565-001.
Consolidation of Case With Parallel Rule Challenge, IAS_I-4566-001.
Continuance — Counsel Withdraws, IAS_I-4567-001.
Continuance — Denial of Motion For On Day of Hearing Affirmed, IAS_I-4568-001.
Continuance — Oral Request For After Failure to Attend Hearing, IAS_I-4569-001.
Declines to Fashion Remedy In DEP Notice of Violation Case, IAS_I-4570-001.
Discipline — Mitigating Factors — Weighing of, IAS_I-4571-001.
Dismissal of Petition For Failure to Appear — Attorney Scheduling Conflict — Reversed, IAS_I-4572-001.
Disqualification of Post-Hearing — New Hearing Found Discretionary (See Also Recusal), IAS_I-4573-001.
Evidentiary Rulings the Providence of, IAS_I-4574-004.
Harmless Error (See Harmless Error)
Has Wide Discretion In Ruling On Evidentiary Matters, IAS_I-4575-001.
Has Wide Discretion In Ruling On Procedural Issues, IAS_I-4576-001.
Jurisdiction — None to Disturb Circuit Court Decision, IAS_I-4577-001.
May Not Rule On Issues Outside the Scope of Hearing, IAS_I-4578-002.
Motions — Hearing Need Not Be Granted On, IAS_I-4579-001.
Motions — To View Facility — Denied, IAS_I-4580-001.
Nonfinal Order Compelling Discovery — Appellate Review Denied, IAS_I-4581-001.
Order to Show Cause, IAS_I-4582-001.
Quasi-Judicial Only — Not a “Court of Competent Jurisdiction”, IAS_I-4583-001.
Recusal Post-Hearing (See Also Recusal) — De Novo Proceeding Found Not Required, IAS_I-4584-001.
Sanctions (See Sanctions)
Summary Order — When Appropriate, IAS_I-4585-001.
Summary Recommended Order Discussed & Issued, IAS_I-4586-001.
Jurisdiction —
Agency Can Only Act As Party Litigant While DOAH Has Jurisdiction, IAS_I-4587-001.
Cannot Consider Questions of Federal Preemption Predicated On Constitutional Question, IAS_I-4588-001.
Cannot Reach Constitutional Questions — Even By Stipulation, IAS_I-4589-001.
Cannot Reach Constitutional Questions — Yet Does, IAS_I-4590-001.
Cannot Reach Constitutional Questions, IAS_I-4591-008.
Divested By Referral Back to Agency Absent a Remand, IAS_I-4592-001.
Doubt As to Existence Resolved Against Exercise of, IAS_I-4593-001.
Has Authority to Reopen Case Upon Proper Motion For, IAS_I-4594-001.
Is Not a Branch of the Judiciary, IAS_I-4595-001.
Issue Regarding Can Be Raised At Any Time, IAS_I-4596-001.
None to Award Interest On Attorney’s Fees Pursuant to §55.03, IAS_I-4597-001.
None to Award Monetary Judgments, IAS_I-4598-001.
None to Declare a Circuit Court Judgment Void, IAS_I-4599-001.
None to Interpret Contracts, IAS_I-4600-001.
None to Issue Injunctions, IAS_I-4601-001.
None to Reach Matters Occurring After Jurisdiction Is Relinquished Back to Referring Agency, IAS_I-4602-001.
Proposed Settlement Not Actually Consummated — File Can Be Reopened, IAS_I-4603-001.
Referral to Is Not a Separate Case But Rather a Continuation of the Original Action, IAS_I-4604-001.
Relinquishment of On the Basis of a Settlement Cannot Be Reconsidered, IAS_I-4605-001.
Relinquishment to Referring Agency Followed By Refusal to Execute Consent Order, IAS_I-4606-001.
Standing — Determination of, IAS_I-4607-001.
Recommended Order —
Agency Can Modify Absent Filing of Exceptions to, IAS_I-4608-001.
Agency Can Only Test the Procedural Regularity of the Proceeding, IAS_I-4609-001.
Agency Declines Request to “Clarify”, IAS_I-4610-001.
Agency Delineates As Either Findings of Fact Or Conclusions of Law In Absence of Same, IAS_I-4611-001.
Conclusions of Law — Agency Duty to Justify, IAS_I-4612-001.
Conclusions of Law — Agency Free to Reject Without Particularized Explanation, IAS_I-4613-001.
Conclusions of Law — Agency Free to Reject, IAS_I-4614-076.
Conclusions of Law — Agency Rejection of Reversed, IAS_I-4615-001.
Conclusions of Law — Cannot Be Rejected When Flowing From Adopted Fact Findings, IAS_I-4616-002.
Conclusions of Law — DOAH Labeling As Fact Findings Is Immaterial, IAS_I-4617-004.
Entered Despite Absence of Disputed Issue of Material Fact, IAS_I-4618-001.
Exceptions — Agency Need Not Rule On If Irrelevant, IAS_I-4619-001.
Exceptions — Bd. Finds Authority to Reject Fact Findings & Conclusions of Law Sua Sponte Without Exceptions, IAS_I-4620-001.
Exceptions — Cannot Be Directed to “Statement of Issue”, IAS_I-4621-001.
Exceptions — Cannot Be Directed to Proposed Recommended Order, IAS_I-4622-001.
Exceptions — Cannot Be Made to DOAH “Comments” On the Evidence, IAS_I-4623-001.
Exceptions — Cannot Be Purely Argumentative, IAS_I-4624-002.
Exceptions — Cannot Reach Matters Not Raised At Hearing, IAS_I-4625-001.
Exceptions — Conclusion of Law — Difficult to Reach Without Official Typed Transcript, IAS_I-4626-001.
Exceptions — Conclusions of Law — No Authority For — Motion to Strike Granted, IAS_I-4627-001.
Exceptions — Fact Findings — Considered Though Untimely, IAS_I-4628-001.
Exceptions — Fact Findings — Failure to File Precludes Appellate Review, IAS_I-4629-001.
Exceptions — Fact Findings — Must Be Accompanied By Official Typed Transcript, IAS_I-4630-050.
Exceptions — Fact Findings — Need Not Be Ruled On If Irrelevant, IAS_I-4631-001.
Exceptions — Fact Findings or Conclusions of Law — Must Be Accompanied By Official Typed Transcript, IAS_I-4632-001.
Exceptions — Intervenors — Attorney’s Fees Award Against, IAS_I-4633-001.
Exceptions — Pro Se Petitioners — Considered Despite “Random” Format, IAS_I-4634-001.
Exceptions — Rejection of As Mere Reargument, IAS_I-4635-001.
Exceptions — Request to File Amended Exception Denied, IAS_I-4636-001.
Exceptions — Response to — Entertained, IAS_I-4637-002.
Exceptions — Response to — Time Limits For Filing, IAS_I-4638-001.
Exceptions — Second Set In Response to Final Order Inappropriate, IAS_I-4639-001.
Exceptions — Time Limit For Filing Exhaustively Explored, IAS_I-4640-001.
Exceptions — Time Limit For Filing Explored, IAS_I-4641-001.
Exceptions — Time Limit For Filing Extended By Agency, IAS_I-4642-001.
Exceptions — Time Limit For Filing Is Not Tolled By Mistaken Filing At DOAH, IAS_I-4643-001.
Exceptions — Time Limit For Filing, IAS_I-4644-001.
Exceptions — Untimely — Agency Can Consider, IAS_I-4645-001.
Exceptions — Untimely — Excusable Neglect, IAS_I-4646-003.
Exceptions — Untimely — Motion to Strike Granted, IAS_I-4647-001.
Exceptions — Untimely — Need Not Be Considered, IAS_I-4648-007.
Fact Findings (See Also APPELLATE REVIEW)
Fact Findings — Agency Cannot Make “Additional Findings” Unless Clearly Undisputed, IAS_I-4649-002.
Fact Findings — Agency Cannot Make Additional Findings, IAS_I-4650-019.
Fact Findings — Agency Cannot Reweigh the Evidence, IAS_I-4651-001.
Fact Findings — Agency Cannot Rule On Disputed Factual Issues, IAS_I-4652-001.
Fact Findings — Agency Free to Reject When Hearing Officer Who Writes Order Did Not Hear the Case, IAS_I-4653-001.
Fact Findings — Agency Rejection Without Valid Reasons Reversed, IAS_I-4654-004.
Fact Findings — Agency Rejection of Requires Statement of Reasons With Particularity, IAS_I-4655-001.
Fact Findings — Agency Rejection of Reversed, IAS_I-4656-003.
Fact Findings — Agency Rejection of When Susceptible to Ordinary Methods of Proof, IAS_I-4657-009.
Fact Findings — Agency Special Expertise As Basis For Rejection, IAS_I-4658-005.
Fact Findings — Cannot Be Rejected If Supported By “Some” Competent Substantial Evidence, IAS_I-4659-216.
Fact Findings — Cannot Be Rejected In Guise of Conclusion of Law, IAS_I-4660-008.
Fact Findings — Cannot Be Rejected Solely On Basis of Immateriality or Irrelevance, IAS_I-4661-001.
Fact Findings — Competent Substantial Evidence Found Lacking, IAS_I-4662-001.
Fact Findings — Credibility Assessments of Expert Witnesses, IAS_I-4663-002.
Fact Findings — DOAH Labeling As Conclusion of Law Is Immaterial, IAS_I-4664-006.
Fact Findings — Deviation From Standard of Conduct, IAS_I-4665-002.
Fact Findings — Employee/Independent Contractor Distinction, IAS_I-4666-001.
Fact Findings — Neglect, IAS_I-4667-001.
Fact Findings — Requisite Ambit of Examined, IAS_I-4668-001.
Fact Findings — Successor Hearing Officer Who Was Not At Hearing — Lessened Presumption of Correctness, IAS_I-4669-001.
Fact Findings — Waiver, IAS_I-4670-001.
Fact Findings — Whether a Burden of Proof Is Met, IAS_I-4671-002.
Fact Findings — Willfulness Is a Fact Question, IAS_I-4672-001.
Fact Findings In Absence of Evidentiary Record — Rejected — Remand, IAS_I-4673-001.
Fact Findings In Guise of Conclusion of Law Not Per Se Invalid, IAS_I-4674-001.
Mixed Question of Fact & Law — Cannot Be Rejected In Guise of Conclusion of Law, IAS_I-4675-002.
Mixed Question of Fact & Law — Estoppel, IAS_I-4676-001.
Mixed Question of Fact & Law, IAS_I-4677-011.
Penalty (See Also APPELLATE REVIEW, Penalty; DISCIPLINE, Penalty)
Penalty — Agency Modification of Requires a Transcript of the Proceeding, IAS_I-4678-002.
Penalty — Agency Rejection of Must Be Accompanied By Rejection of Fact Findings or Conclusions of Law, IAS_I-4679-002.
Penalty — Agency Rejection of Requires Adequate Explanation, IAS_I-4680-004.
Penalty — Agency Rejection of Reversed, IAS_I-4681-002.
Penalty — Agency Rejection of Upheld, IAS_I-4682-002.
Penalty — Agency Rejection of, IAS_I-4683-003.
Penalty — Right to a Separate Formal Hearing On Questioned, IAS_I-4684-001.
Preliminary Statement Cannot Be Challenged, IAS_I-4685-001.
Proposed Conclusions of Law — Need Not Be Ruled On With Particularity, IAS_I-4686-001.
Proposed Fact Findings — Acceptance of Incorporates Into Body of Recommended Order, IAS_I-4687-001.
Proposed Fact Findings — Considered Though Overly Lengthy, IAS_I-4688-001.
Proposed Fact Findings — Correct Procedure For Challenging, IAS_I-4689-002.
Proposed Fact Findings — Not Considered If Overly Lengthy, IAS_I-4690-001.
Proposed Fact Findings — Requisite Specificity of DOAH Rulings On, IAS_I-4691-002.
Proposed Fact Findings — Standards Governing DOAH Rejection of, IAS_I-4692-001.
Proposed Recommended Order — Exceptions, IAS_I-4693-001.
Proposed Recommended Order — Failure to Cite to Record Not Fatal to, IAS_I-4694-001.
Proposed Recommended Order — Page Limitation Waived, IAS_I-4695-001.
Proposed Recommended Order — Time Limit For Filing Extended Several Times, IAS_I-4696-001.
Proposed Recommended Order — Untimely — Agency, IAS_I-4697-001.
Proposed Recommended Order — Untimely, IAS_I-4698-001.
Proposed Recommended Orders Cannot Raise New Issues Post-Hearing, IAS_I-4699-001.
Summary Order Appropriate Absent Disputed Issue of Material Fact, IAS_I-4700-001.
Summary Recommended Order Discussed & Issued, IAS_I-4701-002.
Remand From —
Agency Maintains (Improperly) That Criminal Plea Conclusively Proves Underlying Facts, IAS_I-4702-001.
Jurisdictional Issue Acknowledged, IAS_I-4703-001.
Remand To —
Clear Authority For Found Over Contrary DOAH Recommendation, IAS_I-4704-001.
DEP — Additional Fact Findings, IAS_I-4705-001.
DEP — DOAH Refusal to Accept Reversed With Directions, IAS_I-4706-001.
DER — Additional Fact Findings, IAS_I-4707-001.
De Novo Proceeding, IAS_I-4708-001.
Denied, IAS_I-4709-002.
Estoppel Issue, IAS_I-4710-001.
Failure to Utilize the Proper Standard of Proof, IAS_I-4711-001.
For Consideration of Proposed Recommended Order Not Received, IAS_I-4712-001.
For Further Fact Finding, IAS_I-4713-004.
Found Appropriate, IAS_I-4714-004.
Found Unnecessary, IAS_I-4715-001.
From Appellate Court — New Hearing, IAS_I-4716-001.
Improper to Remedy Party’s Failure to Appear At Original Hearing Without Notice, IAS_I-4717-001.
Proper Scope of Examined, IAS_I-4718-001.
Sanctions —
Authority to Order Payment of Expenses Upon Failure to Appear At Deposition, IAS_I-4719-001.
Default (§120.60(2)) (See Also PERMITS) —
Applicable, IAS_I-4720-001.
Calculation of Time Limits, IAS_I-4721-001.
Disfavored — Law Favors Disposition On Merits, IAS_I-4722-002.
Inapplicable to Application For Variance From Permitting Requirement, IAS_I-4723-001.
Inapplicable, IAS_I-4724-002.
Licensure — Denied, IAS_I-4725-001.
Licensure — Granted, IAS_I-4726-001.
Licensure — Qualifications Mooted By Expiration of 90-Day Time Limit For Agency Action, IAS_I-4727-001.
Licensure By Endorsement, IAS_I-4728-001.
Discovery (See Also Evidence) —
Attorney/Corporate Client Privilege —
Exhaustively Explored, IAS_I-4729-001.
Four (4) Part Test For, IAS_I-4730-001.
Work Product Doctrine Examined, IAS_I-4731-001.
Confidential Information — Purpose of In Camera Inspection Discussed, IAS_I-4732-001.
Constitutional Challenge to —
Fifth Amendment Privilege Against Self-Incrimination (See CONSTITUTION (U.S.), Privilege Against), IAS_I-4733-001.
Production of Documents —
Agency Cannot Compel Production of Documents Not Within Licensee’s Control, IAS_I-4734-001.
Request For Admissions —
Failure to Answer — Matter Deemed Admitted, IAS_I-4735-001.
Failure to Respond — Deemed Admitted — DOAH Divested of Jurisdiction, IAS_I-4736-001.
Failure to Respond to While Incarcerated Excused, IAS_I-4737-001.
Untimely Response, IAS_I-4738-001.
Due Process (See Also CONSTITUTION (Fla.) (U.S.)) —
Adequate Notice & Fairness Are Essential Elements, IAS_I-4739-002.
Essential Elements of Outlined & Distinguished From Purely Judicial Proceedings, IAS_I-4740-001.
Essential Elements of Outlined, IAS_I-4741-001.
Failure to Maintain §120.53 Subject Matter Index, IAS_I-4742-001.
Impartial Decision-Maker Is Fundamental, IAS_I-4743-001.
Notice of Requisite Standard of Conduct Must Be Provided, IAS_I-4744-001.
Quality of Required In Quasi-Judicial Proceeding Exhaustively Explored, IAS_I-4745-001.
Right to a Fair Hearing Is Fundamental, IAS_I-4746-001.
Emergency Action Against License (See APPELLATE REVIEW, Emergency; DISCIPLINE)
Emergency Agency Action (See Also APPELLATE REVIEW, Emergency) —
Requisite Factual Allegations Discussed, IAS_I-4747-001.
Emergency Procedures (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
Agency Criticized For Failure to Institute —
Insurance — Moratorium On Cancellation of Policies, IAS_I-4748-001.
Should Not Be Utilized Absent An Emergency, IAS_I-4749-002.
Specific Factual Basis For Discussed & Found Lacking — Dept. of Insurance, IAS_I-4750-001.
Enforcement Proceedings (§120.69) (See Also DISCIPLINE; ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
Attorney’s Fees Are Recoverable Subject to §284.30 Notice Requirements, IAS_I-4751-001.
Scope of Agency Enforcement Powers Examined, IAS_I-4752-001.
Equitable Estoppel (See Also Collateral Estoppel, Estoppel By Judgment, Estoppel, Res Judicata) —
Amounts to Nothing More Than Application of Rules of Fair Play, IAS_I-4753-001.
Applicable In Favor of State, IAS_I-4754-001.
Applicable, IAS_I-4755-001.
Inapplicable, IAS_I-4756-008.
Mistaken Statement of Law Insufficient For, IAS_I-4757-002.
Negligence Alone Is Insufficient, IAS_I-4758-001.
Rarely Applies Against State, IAS_I-4759-006.
Three (3) Part Test For, IAS_I-4760-012.
Equitable Estoppel, IAS_I-4761-001.
Estoppel (See Also Collateral Estoppel; Equitable Estoppel; Estoppel; Estoppel By Judgment, Res Judicata) —
Affirmative Defense, IAS_I-4762-001.
Applicable, IAS_I-4763-003.
Applies Only In Rare Instances Under Exceptional Circumstances, IAS_I-4764-003.
Detrimental Reliance Is An Essential Element, IAS_I-4765-001.
Equitable Remedy Available Only to Those With Clean Hands, IAS_I-4766-001.
Inapplicable to Transactions Proscribed By Statute or Contrary to Public Policy, IAS_I-4767-001.
Inapplicable, IAS_I-4768-012.
Mistaken Statement of Law Alone Is Insufficient, IAS_I-4769-003.
Mixed Question of Fact & Law, IAS_I-4770-001.
Must Be Properly Pled — Due Process, IAS_I-4771-001.
Three (3) Part Test For, IAS_I-4772-007.
Estoppel By Judgment (See Also Collateral Estoppel, Equitable Estoppel, Estoppel) —
Applicable Between Administrative & Parallel Circuit Court Proceeding, IAS_I-4773-001.
Applicable, IAS_I-4774-001.
Discussed, IAS_I-4775-002.
Inapplicable, IAS_I-4776-001.
Evidence (See Also Burden of Proof, Discovery, Penal Nature of Revocation Proceeding) —
Admissibility —
Affidavit — §92.525 Provisions Explored, IAS_I-4777-001.
Affidavit — Undated, IAS_I-4778-001.
Any Evidence Standard of §120.58(1) Examined, IAS_I-4779-002.
Broad Admissibility In Administrative Proceedings Noted, IAS_I-4780-001.
Defined, IAS_I-4781-002.
Deposition — Age of Does Not Diminish Probative Value Per Se, IAS_I-4782-001.
Discretionary Matter For Hearing Officer, IAS_I-4783-001.
Drug Test — Challenge to By Alternate Test, IAS_I-4784-001.
Drug Test — Radioimmunoassay — Found Admissible, IAS_I-4785-001.
Error In Ruling Warrants Remand For New Hearing — Not Dismissal of Complaint, IAS_I-4786-001.
Error In Ruling Warrants Remand For New Hearing, IAS_I-4787-001.
Exclusion Due to Improper Seizure In Criminal Case Can Be Applicable to Parallel Administrative Case, IAS_I-4788-001.
Exclusion In Parallel Criminal Case Not Binding In Administrative Proceeding, IAS_I-4789-002.
Exculpatory Testimony of Respondent — Probative Value, IAS_I-4790-001.
Fundamental Evidentiary Safeguards Apply to Administrative Proceedings, IAS_I-4791-001.
Hearsay (See Hearsay)
Preliminary & Unconsummated Settlement Negotiations, IAS_I-4792-001.
Previous Board Order Involving the Same Respondent, IAS_I-4793-001.
Best Evidence Rule Examined, IAS_I-4794-001.
Competent Substantial Evidence —
Defined, IAS_I-4795-045.
Testimony of Minors Found to Constitute, IAS_I-4796-001.
Depositions —
Discrepancies From Testimony At Hearing — Duty to Cross-Examine, IAS_I-4797-001.
Expert Testimony —
Acceptance or Rejection of Within the Discretion of the Hearing Officer, IAS_I-4798-001.
Agency Head As Hostile Witness, IAS_I-4799-001.
Based On Facts Not Supported By Record, IAS_I-4800-001.
Can Be Rejected Even If Uncontroverted, IAS_I-4801-001.
DOAH Credibility Assessments, IAS_I-4802-005.
Distinction Between Licensure & License Revocation, IAS_I-4803-001.
Does Not Convert Hearsay to Nonhearsay Per Se, IAS_I-4804-001.
Failure to Allow Rebuttal to Allegedly False Positive Drug Test — Reversed, IAS_I-4805-001.
Financial Interest Alone Does Not Disqualify, IAS_I-4806-001.
Financial Interest of Expert Is Pertinent, IAS_I-4807-001.
Inadequate or Incomplete Factual Basis, IAS_I-4808-001.
Offender Profile, IAS_I-4809-001.
Opinion On Identity of Alleged Perpetrator Inadmissible, IAS_I-4810-001.
Opinion Testimony Need Not Be From Experts Only, IAS_I-4811-001.
Post-Hearing Submittal Denied, IAS_I-4812-001.
Requisite Facts In Support of Examined, IAS_I-4813-004.
Should Not Interpret Statutes, IAS_I-4814-001.
Worth of Depends On Reasons Forming the Predicate, IAS_I-4815-001.
Hearsay —
Admissability — Contemporaneous Objection Not Requisite to Later Exception, IAS_I-4816-001.
Admissibility Discussed, IAS_I-4817-002.
Admissible & Probative With Other Proof, IAS_I-4818-006.
Admissability (See Also Admissability)
Alone Is Not Probative, IAS_I-4819-019.
Alone Is Probative If Admissible Over Objection In Civil Proceedings, IAS_I-4820-006.
Business Records Exception, IAS_I-4821-003.
Declaration Against Interest Exception, IAS_I-4822-001.
Error In Ruling Warrants Remand For New Hearing, IAS_I-4823-001.
Exceptions Are to Be Strictly Construed, IAS_I-4824-001.
Failure to Object to Does Not Waive the Issue, IAS_I-4825-001.
Minor’s Testimony — Exhaustively Explored, IAS_I-4826-001.
Minor’s Testimony — Sex Abuse Victim, IAS_I-4827-001.
Minor’s Testimony — Videotaped, IAS_I-4828-001.
Out-of-Court Statement to Prove State of Mind of Person Making That Statement — Does Not Constitute, IAS_I-4829-001.
Out-of-Court Statements By Minor Alleged Sexual Abuse Victim (See Also HRS, Dept. of, Central Abuse Registry), IAS_I-4830-002.
Public Records Exception Discussed, IAS_I-4831-001.
Putative Nonfinal Order of Circuit Court In Parallel Proceeding, IAS_I-4832-001.
Traffic Accident Report Does Not Constitute, IAS_I-4833-001.
Transcript of Parallel Proceeding — Testimony of Witnesses, IAS_I-4834-001.
Post-Hearing Submission Cannot Be Considered (See Also Formal Hearings (§120.57(1))), IAS_I-4835-001.
Preponderance of Evidence —
Defined & Discussed, IAS_I-4836-003.
Presumptions (See Also CONSTITUTION (Fla.), Presumptions) —
Affecting the Burden of Producing Evidence, IAS_I-4837-002.
Affecting the Burden of Proof, IAS_I-4838-001.
Agencies Cannot Create, IAS_I-4839-004.
Agency Found to Have Improperly Created Conclusive Presumption, IAS_I-4840-001.
Classification of Discussed, IAS_I-4841-001.
Defining Terms In Agency’s Own Rules Does Not Constitute Establishment of, IAS_I-4842-001.
Existence of Involves a Question of Law, IAS_I-4843-001.
Legislative Authority to Create By Statute, IAS_I-4844-002.
Not the Prerogative of Agencies, IAS_I-4845-001.
Quality of Proof Vis Public Policy Implementation, IAS_I-4846-002.
Unrebutted Testimony —
Hearing Officer Is Not Required to Believe, IAS_I-4847-001.
Witnesses —
Inappropriate Prehearing Contact With, IAS_I-4848-001.
Ex Parte Communications —
Agency Head & Staff — Meeting Prehearing Proper — Meeting Post-Hearing Improper, IAS_I-4849-001.
Prosecuting Attorney Cannot Also Advise Agency Head Post-Hearing, IAS_I-4850-001.
Final Order —
Agency Action — Defined & Discussed, IAS_I-4851-002.
Agency Action — Refusal to Dismiss Complaint Does Not Amount to, IAS_I-4852-001.
Agency Declines to Issue After Third Party Voluntary Dismissal — Reversed, IAS_I-4853-001.
Agency Declines to Re-Enter After Alleged Failure to Receive Copy of Same, IAS_I-4854-001.
An Agency Can Reconsider Under Certain Circumstances, IAS_I-4855-001.
An Agency Can Reissue If the Original Version Was Never Received In Order to Create a New Clear Point of Entry, IAS_I-4856-001.
An Agency Can Vacate & Reissue For Equitable Reasons, IAS_I-4857-001.
An Agency Can Vacate Only If There Are Extraordinary Circumstances Affecting the Public Interest, IAS_I-4858-001.
An Agency Cannot Reconsider or Withdraw, IAS_I-4859-003.
Appeal Challenging Absence of Exculpatory Language Rejected, IAS_I-4860-001.
Certificate of Service By Agency Clerk Creates a Presumption of Proper Mailing, IAS_I-4861-001.
Clerk’s Stamp — Purpose & Effect of Discussed, IAS_I-4862-001.
Confidentiality —
Discovery of Summaries Found Reasonable Proxy For Actual Orders With Names Redacted, IAS_I-4863-001.
Student Privacy & University Interests Fought to Outweigh Student Right of Access to Full Text of, IAS_I-4864-001.
University Student Disciplinary Orders Are Not Discoverable, IAS_I-4865-001.
Failure to File With Agency Clerk, IAS_I-4866-002.
Failure to Receive Alleged — Re-Entry of Same Denied, IAS_I-4867-001.
Failure to Timely Receive Copy of —
Equitable Tolling of Time Limit For Requesting a Hearing, IAS_I-4868-001.
Finality Doctrine Explored, IAS_I-4869-001.
Finality (See Also Formal Hearing (§120.57(1)))
Findings of Fact & Conclusions of Law Found Inadequate For Appellate Review, IAS_I-4870-001.
Found Not to Reflect Action Taken At Board Meeting, IAS_I-4871-001.
Free Form Agency Action (See Free Form Agency Action)
Letter From Agency Counsel Constitutes, IAS_I-4872-001.
Letter From Agency Counsel Found Not to Constitute, IAS_I-4873-001.
Letter of Guidance Distinguished From, IAS_I-4874-001.
Must Be In Writing & Include Findings of Fact & Conclusions of Law Separately Stated, IAS_I-4875-001.
Must State the Basis For the Agency’s Decision, IAS_I-4876-001.
Notice of Proposed Action Distinguished From, IAS_I-4877-001.
Order Defined, IAS_I-4878-001.
Presumed Correct, IAS_I-4879-001.
Reversed For Failure to Comply With §120.59(1)(a), IAS_I-4880-001.
Time Limit For Rendering —
Extended, IAS_I-4881-001.
Failure to Enter Within Timeframe of §120.59(1) Found to Be Harmless Error, IAS_I-4882-003.
Formal Hearing (§120.57(1)) (See Also Informal Hearing, Intervenors) —
Abandonment of Petition For Discussed, IAS_I-4883-001.
Agency Action Defined, IAS_I-4884-002.
Bifurcated Proceeding —
Purpose and Appropriateness of Examined, IAS_I-4885-004.
Can Be Converted to Informal §120.57(2) Proceeding, IAS_I-4886-001.
Circuit Ct. Restraining Order Does Not Bar Confrontation of Alleged Victim, IAS_I-4887-001.
Clear Point of Entry —
Agency Investigation Alone Insufficient to Trigger, IAS_I-4888-001.
Appellate Review In Lieu of §120.57 Petition Found to Waive Latter, IAS_I-4889-001.
Factual Dispute Regarding Requires a Hearing, IAS_I-4890-001.
Must Be Accorded to Persons Whose Substantial Interests Are Affected, IAS_I-4891-001.
Requirements For Discussed, IAS_I-4892-001.
Second Point Found Not Created By Final Order In Issue, IAS_I-4893-001.
Collateral Attack On Parallel Circuit Court Proceeding Is Improper, IAS_I-4894-002.
Collateral Attack On Parallel Judicial Litigation Is Improper, IAS_I-4895-001.
Consolidation of Proceeding With Parallel Rule Challenge, IAS_I-4896-001.
De Novo In Nature —
Evidence Outside Initial Application Is Admissible, IAS_I-4897-001.
Initial Agency Action Is Not Presumed Correct, IAS_I-4898-003.
Not to Review Preliminary Agency Action, IAS_I-4899-011.
Record Is Built From Scratch, IAS_I-4900-001.
De Novo In Nature, IAS_I-4901-011.
Demand For “Expeditious Resolution of Proceedings”, IAS_I-4902-001.
Disqualification of (DOAH) Hearing Officer Post-Hearing —
New Hearing Found Merely Discretionary, IAS_I-4903-001.
Election of Remedies —
Bar to Simultaneous Circuit Court & Administrative Proceedings, IAS_I-4904-001.
Entitlement to Formal §120.57(1) Hearing, IAS_I-4905-001.
Expedited Hearing Granted In Face of Emergency Suspension, IAS_I-4906-001.
Expedited Hearing Granted, IAS_I-4907-001.
Petitioner Failure to Appear —
Second Hearing Not Accorded, IAS_I-4908-001.
Petitioner Failure to Appear, IAS_I-4909-001.
Pleadings — Rules Regarding Are Somewhat Relaxed In Administrative Proceedings, IAS_I-4910-001.
Post-Hearing Change In Burden of Proof By Reducing Penalty Sought, IAS_I-4911-001.
Post-Hearing Supplementation of Record —
Denied — Expert Testimony, IAS_I-4912-001.
Denied — Proposed Recommended Order, IAS_I-4913-001.
Denied, IAS_I-4914-011.
Finality — Importance of Examined, IAS_I-4915-002.
Finality — Importance of, IAS_I-4916-001.
Finality (See Also Final Order)
Found Improper, IAS_I-4917-002.
Found Proper In Unique Circumstances, IAS_I-4918-001.
Requires Disputed Issue of Material Fact, IAS_I-4919-001.
Statutory Amendment Imposing Permitting Moratorium, IAS_I-4920-001.
Prehearing Order —
Expert Testimony On Matters Outside of Found to Violate Due Process Rights of Third Parties, IAS_I-4921-001.
Matters Outside of Cannot Be Reacted, IAS_I-4922-001.
Purpose of —
Protection of Both Public & Private Interest, IAS_I-4923-001.
Rehearing (See Rehearing)
Request For Extension of Time Limit Must Be Timely, IAS_I-4924-001.
Requires Agency Action, IAS_I-4925-001.
Requires Disputed Issue of Material Fact —
Absence of — DOAH Summary Recommended Order, IAS_I-4926-002.
Absence of — Informal Hearing Only, IAS_I-4927-001.
Agency Denial of Reversed, IAS_I-4928-001.
Appropriate to Dispute All Factual Allegations, IAS_I-4929-001.
Disputed Issue Need Not Be Specifically Identified, IAS_I-4930-001.
Improper Agency Denial, IAS_I-4931-002.
Requires Disputed Issue of Material Fact, IAS_I-4932-006.
Time Limit For Acting On Petition For Hearing (§120.57(1)(b)(1)) —
Tolled By Agency Failure to File Final Order (Letter) With Clerk, IAS_I-4933-001.
Time Limit For Requesting Is Not Jurisdictional —
Appellate Review In Lieu of §120.57 Petition Found to Waive Latter, IAS_I-4934-001.
Calculation of, IAS_I-4935-001.
Equitable Tolling — Bankruptcy, IAS_I-4936-001.
Equitable Tolling — Failure to Timely Receive Copy of Final Order, IAS_I-4937-001.
Equitable Tolling — Management Change — Denied, IAS_I-4938-001.
Equitable Tolling Discussed & Found to Be Applicable, IAS_I-4939-001.
Equitable Tolling Discussed, IAS_I-4940-004.
Equitable Tolling Found Applicable, IAS_I-4941-002.
Equitable Tolling Found Inapplicable, IAS_I-4942-003.
Excusable Neglect — Law Enforcement Seizure of Business Records, IAS_I-4943-001.
Excusable Neglect — Right to a Hearing Regarding Claim of, IAS_I-4944-001.
Excusable Neglect Discussed, IAS_I-4945-014.
Excusable Neglect Found Applicable, IAS_I-4946-003.
Excusable Neglect Found Inapplicable, IAS_I-4947-011.
Failure to Timely Receive Copy of Final Order — Remedies, IAS_I-4948-003.
Filed — Defined, IAS_I-4949-001.
Notice of Right to Found Lacking, IAS_I-4950-001.
Notice Regarding Filing For a Hearing Found Unclear, IAS_I-4951-001.
Request For Extension of Time Limit Must Be Timely, IAS_I-4952-004.
Request For Post-Investigative Proceeding Found to Toll Time Limit For Requesting a Hearing, IAS_I-4953-001.
Untimely Request For Operates As Waiver, IAS_I-4954-002.
Voluntary Dismissal Does Not Toll Time Limit For Requesting a Hearing, IAS_I-4955-001.
Waiver of Right to Must Be Clearly Demonstrated, IAS_I-4956-002.
Transcript of —
Indigent Party — No Free Copy, IAS_I-4957-001.
Public Record — Copying Charges, IAS_I-4958-001.
Responsibility of Petitioner to Produce, IAS_I-4959-001.
Free Form Agency Action —
Defined & Discussed, IAS_I-4960-001.
Discussed, IAS_I-4961-001.
Nonfinality Implies No Right to Hearing On, IAS_I-4962-005.
Harmless Error —
§120 Deadlines For Agency Action —
Absence of Deadline For Mandatory Action Connotes Allowance of a Reasonable Time, IAS_I-4963-001.
Absence of Statutory Sanctions Noted, IAS_I-4964-002.
Agency Failure to Act Within Prescribed Time Limit, IAS_I-4965-001.
Found Not to Be Jurisdictional, IAS_I-4966-001.
Harmless Error Found Liberally Applicable, IAS_I-4967-002.
Three (3) Year Precomplaint Investigation Found Not Prejudicial, IAS_I-4968-001.
§120.68(8) —
Is Statutory Codification of This Rule, IAS_I-4969-001.
Licensee Has Burden of Proving Inapplicability, IAS_I-4970-001.
Agency Failure to Comply With Nonjurisdictional APA Requirement Which Does Not Impair Fairness, IAS_I-4971-001.
Erroneous Assignment of Burden of Proof, IAS_I-4972-001.
Erroneous Ruling On Proposed Fact Findings, IAS_I-4973-001.
Erroneous Subordinate Legal Conclusions, IAS_I-4974-002.
Error Regarding Establishment of Prima Facie Case, IAS_I-4975-001.
Failure to Adequately Frame the Issues, IAS_I-4976-001.
Failure to Render Recommended Order Within Thirty (30) Days, IAS_I-4977-001.
Mischaracterizaton of Fact Findings As Conclusions of Law, IAS_I-4978-001.
Misdesignation of Findings of Fact As Conclusions of Law, IAS_I-4979-001.
Misunderstanding of Pertinent Legal Requirements, IAS_I-4980-001.
Questionable Semantics of Recommended Order, IAS_I-4981-001.
Deficient Notice to Party Who Successfully Intervenes, IAS_I-4982-001.
Defined, IAS_I-4983-001.
Economic Impact Statements — Rules (See RULES & RULEMAKING)
Erroneous Rule Citations, IAS_I-4984-001.
Failure of Another Agency to Prepare Advisory Report, IAS_I-4985-001.
Failure to Cite to Correct Rule, IAS_I-4986-001.
Failure to Cite to Correct Statute In the Complaint, IAS_I-4987-002.
Failure to Render Final Order Within Ninety (90) Days of Recommended Order, IAS_I-4988-003.
Final Order Lacks Essential Findings, IAS_I-4989-001.
Improper Agency Supplementation of DOAH Recommended Fact Findings, IAS_I-4990-001.
Long Time Taken In Initiating a Complaint, IAS_I-4991-001.
Notice of Proceeding One Day Late, IAS_I-4992-001.
Proposed Recommended Order — Untimely — Not Considered, IAS_I-4993-001.
Informal Hearing (§120.57(2)) (See Also Formal Hearing (§120.57(1)) —
Can Be Converted to Formal §120.57(1) Proceeding, IAS_I-4994-001.
Cannot Be Converted Into Formal Hearing Midstream With New Factual Allegations, IAS_I-4995-001.
Disgruntled Respondent Cannot Allege Disputed Facts Post-Hearing, IAS_I-4996-001.
Disputed Issue of Material Fact Discussed, IAS_I-4997-002.
Election of Cannot be Repudiated After Unfavorable Result, IAS_I-4998-001.
Election of Found to Constitute Waiver of Right to Raise Factual Issues, IAS_I-4999-001.
Election of Precludes Subsequent Second Crack With §120.57(1) Formal Proceeding, IAS_I-5000-001.
Held After DOAH Relinquishes Jurisdiction, IAS_I-5001-001.
Initial Absence of Fact Dispute — Later Fact Dispute Requires Formal Hearing —
Even If Only On Issue of Proper Penalty, IAS_I-5002-001.
Initial Absence of Fact Dispute — Later Fact Dispute Requires Formal Hearing, IAS_I-5003-005.
Mandatory If §120.57(1) Right to a Formal Hearing Was Waived, IAS_I-5004-001.
Requisite Procedural Safeguards Examined, IAS_I-5005-001.
Intervenors (See ADMINISTRATION Comm., Comprehensive Plan — Local; APPELLATE REVIEW, Standing; CERTIFICATE OF NEED (CON), Intervenors; COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan, Intervenors; CONTRACTS (Bids/Protests), Protest, Standing; ENVIRONMENTAL PROTECTION, Dept. of (DEP), Third Party Intervenors; LAND & WATER ADJUDICATORY Comm.; Appeals (§380.07(3)); PERMITS, Third Party Intervenors, Standing; PRACTICE & PROCEDURE; RULES & RULEMAKING, Standing) —
DOAH Jurisdiction to Determine, IAS_I-5006-001.
Limited Form of Participation Unavailable, IAS_I-5007-001.
Motion to Dismiss — Standard Governing Agency Action On, IAS_I-5008-001.
Motion to Dismiss (See Also Motion to Dismiss)
Notice — Publication In Newspaper of General Application —
Availability to the Local Public Examined, IAS_I-5009-001.
Best Publication Not Required, IAS_I-5010-001.
Local Printing & Publication Not Required, IAS_I-5011-001.
Party Who Successfully Intervenes Lacks Standing to Assail Adequacy of Notice, IAS_I-5012-001.
Statutory Requirements Carefully Examined, IAS_I-5013-001.
Request to Be Aligned As Amicus Curiae — No Such Thing Under §120, IAS_I-5014-001.
Standing —
Cannot Be Lost Due to Post-Filing Developments, IAS_I-5015-001.
Challenge To — An Affirmative Defense Which Is Waived If Not Properly Raised, IAS_I-5016-001.
Challenge To — An Affirmative Defense, IAS_I-5017-001.
Challenge To — Waived If Not Timely Raised, IAS_I-5018-001.
Economic Injury Alone Found Insufficient, IAS_I-5019-001.
Improper DOAH Finding of Found to Constitute Reversible Error, IAS_I-5020-001.
Injury-In-Fact Explained, IAS_I-5021-001.
Mixed Question of Fact & Law, IAS_I-5022-001.
Standing to Participate In Administrative Proceeding Distinguished From Standing to Seek Appellate Review, IAS_I-5023-001.
Status As Taxpayer Alone Found Insufficient, IAS_I-5024-001.
Substantial Interest Defined, IAS_I-5025-001.
To Be Liberally Construed, IAS_I-5026-001.
Transfer of Business to Fictitious Entity or Closely-Held Corporation Does Not Vitiate, IAS_I-5027-001.
Two (2) Prong Test, IAS_I-5028-006.
Voluntary Dismissal Does Not Divest Agency Jurisdiction (See Also Voluntary Dismissal), IAS_I-5029-002.
Circumscribed By Delegated Legislative Power, IAS_I-5030-001.
Defect In Cannot Be Waived or Ignored, IAS_I-5031-001.
Divested By Filing of Notice of Appeal, IAS_I-5032-001.
Divested When Case Becomes Moot, IAS_I-5033-001.
Doubt As to Existence of a Power to Be Resolved Against Its Exercise, IAS_I-5034-006.
Measured And Limited By Statutes In Which Such Powers Are Expressly Granted or Implied, IAS_I-5035-002.
Power to Sue & Be Sued Implies Power to Settle Lawsuits, IAS_I-5036-002.
Settlement of Lawsuits — Intervenor Protest — Judicial Review, IAS_I-5037-001.
Jurisdictional Issue —
DOAH Jurisdiction to Conduct a Hearing Does Not Connote Agency Subject Matter Jurisdiction, IAS_I-5038-001.
May Be Raised At Any Time During a Proceeding, IAS_I-5039-002.
Laches (See Also Statute of Limitations) —
Applicable to Administrative Proceedings, IAS_I-5040-001.
Inapplicable to Administrative Proceedings, IAS_I-5041-002.
Inapplicable, IAS_I-5042-001.
Three (3) Year Investigation Prior to Complaint Found Not to Trigger, IAS_I-5043-001.
Limine —
Motion In to Limit Issues, IAS_I-5044-012.
Moot Case —
Agency Lacks Jurisdiction Over, IAS_I-5045-001.
Collateral Legal Consequences Render Otherwise Moot Case Actionable, IAS_I-5046-001.
Defined & Discussed, IAS_I-5047-001.
Divests Agency Jurisdiction, IAS_I-5048-001.
No Jurisdiction to Issue a Declaratory Statement, IAS_I-5049-001.
Moot Case, IAS_I-5050-001.
Moratorium On Expansion By Licensee, IAS_I-5051-001.
Motion to Dismiss (See Also Intervenors) —
All Well-Pleaded Allegations Are Assumed to Be True, IAS_I-5052-002.
Failure to Join Indispensable Party, IAS_I-5053-001.
Review Limited to Four Corners of Petition, IAS_I-5054-001.
Technicalities Do Not Provide Basis For — Pro Se Petition, IAS_I-5055-001.
To Be Sparingly Granted, IAS_I-5056-001.
Motion to Strike —
Denied, IAS_I-5057-001.
Directions to Clerk, IAS_I-5058-001.
Nonfinal Order (See APPELLATE REVIEW)
Nonrule Policy (See Also RULES & RULEMAKING, Unpromulgated Rule) —
Agency Burden When Relying On, IAS_I-5059-003.
Cannot Be Utilized As the Sole Basis For Denying Licensure, IAS_I-5060-001.
Cannot Be Utilized to Amend a Rule, IAS_I-5061-001.
DOAH Cannot Challenge Sua Sponte, IAS_I-5062-001.
Deviation From Must Be Explained, IAS_I-5063-002.
Deviation From Valid If Properly Explained, IAS_I-5064-001.
Incipient Agency Policy Defined & Discussed, IAS_I-5065-003.
Incipient Agency Policy Is Exempt From §120.535 & §120.56 Challenge, IAS_I-5066-001.
Invalidated Rule — Reliance On Underlying Policy Nonetheless, IAS_I-5067-001.
Long-Standing Policies Are Entitled to Deference, IAS_I-5068-001.
Must Be Clearly Explicated, IAS_I-5069-001.
Official Recognition —
Cannot Be “Selective”, IAS_I-5070-001.
Cannot Be Used to Make Additional Fact Findings, IAS_I-5071-001.
Decision Regarding Lies In the Discretion of the Hearing Officer, IAS_I-5072-001.
Documents From Parallel Federal Lawsuit — Denied, IAS_I-5073-001.
Penal Nature of Revocation Proceeding (See Also Burden of Proof, Evidence) —
Agency Changes Penalty Sought Midstream In Proceeding, IAS_I-5074-001.
Cease & Desist Order Found Tantamount to a Temporary Injunction, IAS_I-5075-001.
Competent Substantial Evidence (See Evidence)
Standard of Proof —
Clear & Convincing Evidence — Discussed By Supreme Court, IAS_I-5076-001.
Clear & Convincing Evidence Defined & Discussed, IAS_I-5077-057.
Clear & Convincing Evidence Not Required If Revocation Is Not Sought, IAS_I-5078-022.
Clear & Convincing Evidence Required Only For “Professional Licenses” – Not Foster Home Licenses, IAS_I-5079-001.
Clear & Convincing Evidence, IAS_I-5080-002.
Preponderance of the Evidence Standard Discussed, IAS_I-5081-003.
Penal Nature of Revocation Proceeding, IAS_I-5082-194.
Penalty (See APPELLATE REVIEW; DOAH, Recommended Order; DISCIPLINE)
Pro Se Petitioners (See APPELLATE REVIEW)
Probable Cause Panel (See Also Attorney’s Fees & Costs, Equal Access to Justice Act (§57.111) —
Absence of One of Two Professional Members Found to Be Harmless, IAS_I-5083-001.
Complaint Cannot Be Dismissed & Refiled Without Reporting or Returning to, IAS_I-5084-001.
Dept. Required to Prosecute Complaint of, IAS_I-5085-001.
Federal Lawsuit Against Panel Members Does Not Disqualify That Member, IAS_I-5086-001.
Investigative Report —
Importance of, IAS_I-5087-003.
Letter of Guidance —
Issuance of After Voluntary Dismissal Questioned, IAS_I-5088-001.
Past Conduct Excused During Earlier Investigation Cannot Be Raised Again In New Investigation, IAS_I-5089-001.
Probable Cause Defined & Discussed, IAS_I-5090-001.
Propriety of Consideration Licensee’s Prior Disciplinary Record, IAS_I-5091-001.
Reliance On “Interested” Expert Opinion, IAS_I-5092-001.
Requisite Proof to Support Filing of a Complaint, IAS_I-5093-001.
Res Judicata —
Identity of Factual Issues Is Important, IAS_I-5094-001.
Standard of Proof Lesser Than For Formal Hearing, IAS_I-5095-002.
Voluntary Dismissal Necessitates Revisit Before Refiling, IAS_I-5096-001.
Reconsideration —
Jurisdiction For Found Lacking, IAS_I-5097-001.
Record (See Also Formal Hearing (§120.57(1)), Post-Hearing Supplementation) —
Matters Outside of Cannot Be Considered, IAS_I-5098-001.
Recusal —
Agency Head —
§120.71 Time Limits Examined, IAS_I-5099-002.
Multiple Roles of Agency Head Found Not Inherently Violative of Due Process, IAS_I-5100-002.
Petition For Found Meritorious Yet Moot, IAS_I-5101-001.
Record For Purposes of Appellate Review of This Issue Examined, IAS_I-5102-002.
Requisite Elements of Motion For, IAS_I-5103-001.
Standards For Recusal of Agency Head Differ From That For the Judiciary, IAS_I-5104-002.
Suit Against Agency Head Personally Does Not Compel Recusal, IAS_I-5105-001.
Assailed Administrative Hearing or Judicial Officer Cannot Reach Merits of Motion For, IAS_I-5106-001.
DOAH Hearing Officer — De Novo Proceeding Found Not Required, IAS_I-5107-001.
DOAH Hearing Officer, IAS_I-5108-001.
Last Minute Substitution of Administrative Hearing Officer Without Notice, IAS_I-5109-001.
Non-DOAH Hearing Officer —
Highway Safety — DUI, IAS_I-5110-001.
Regional Transportation Authority — Use of DOAH Hearing Officer Recommended, IAS_I-5111-001.
Procedure Governing Motions For Carefully Examined, IAS_I-5112-001.
Standard Governing Examined, IAS_I-5113-001.
Rehearing —
Allegedly Incompetent Counsel — Not a Basis For, IAS_I-5114-001.
Must Be Provided For By Rule, IAS_I-5115-001.
Not a Sunshine Law Violation, IAS_I-5116-001.
Res Judicata (See Also Collateral Estoppel; Estoppel) —
Administrative Decision Is Binding In Parallel Judicial Proceeding, IAS_I-5117-001.
Amended Statute Applicable Retroactively Found to Void Previous Appellate Opinion, IAS_I-5118-001.
Applicable, IAS_I-5119-007.
Discussed, IAS_I-5120-003.
Doctrine of Collateral Estoppel Is Related, IAS_I-5121-001.
Extends to All Causes of Action That Could Have Been Adjudicated, IAS_I-5122-001.
Federal District Court Decision Does Not Bind Parallel State Proceeding Absent Pendent Jurisdiction, IAS_I-5123-001.
Four (4) Part Test For, IAS_I-5124-002.
Inapplicable, IAS_I-5125-005.
Modified Applications For Permits, IAS_I-5126-001.
Stare Decisis (See Also Nonrule Policy, Subject Matter Index; APPELLATE REVIEW, Stare Decisis) —
A Fundamental Due Process Concern, IAS_I-5127-001.
Applicability to Administrative Proceedings, IAS_I-5128-003.
DOAH Laments AHCA Alleged Deviation From Precedent Without Explanation, IAS_I-5129-001.
Discussed, IAS_I-5130-001.
Failure to Implement Reversible Error, IAS_I-5131-001.
Found Inapplicable to Administrative Agencies, IAS_I-5132-001.
Gessler Decision Discussed, IAS_I-5133-001.
Mandated By Statute, IAS_I-5134-001.
Nature of In Administrative Process Contrasted With the Judiciary, IAS_I-5135-001.
Precedential Value of Penalty Imposed In Previous Analogous Case Recognized, IAS_I-5136-002.
Right to Rely on Precedent, IAS_I-5137-001.
Statute of Limitations (See Also Laches) —
Agency Need Not Give Notice of Expiration of — Permit — Grandfather Status, IAS_I-5138-001.
Inapplicable to Administrative Proceedings, IAS_I-5139-002.
Stipulations —
Agency & Private Party Bound By, IAS_I-5140-001.
Agency Bound By, IAS_I-5141-002.
Construction of Governed By Contract Law, IAS_I-5142-001.
DOAH Bound By, IAS_I-5143-002.
Negotiations Preliminary To Do Not Bind a Party, IAS_I-5144-001.
Parties Are Bound By, IAS_I-5145-001.
Prehearing — Binding On Parties & Hearing Officer — Strictly Enforced, IAS_I-5146-001.
Subject Matter Index (See Also Stare Decisis or Call 352-375-8036) —
Agency Acknowledges Deficiencies In, IAS_I-5147-001.
Agency Duty to Prepare Acknowledged, IAS_I-5148-001.
Bd. of Medicine Construes Gessler As Pertaining to Stare Decisis As a Constraint On Administrative Discretion, IAS_I-5149-001.
Challenge to Adequacy of — Bd. of Medicine (See Also Editor’s Note In the Summary of Administrative Orders (SAO), Volume 17, No. 24 For Case Cited to 17 FALR 4683), IAS_I-5150-001.
Essential For Access to Final Orders, IAS_I-5151-001.
Failure to Maintain Found Excusable Under Facts At Bar, IAS_I-5152-001.
Failure to Maintain Found to Preclude Discipline — Bd. of Medicine, IAS_I-5153-002.
Fundamental Importance of This Mandate Examined, IAS_I-5154-001.
Implications of Agency Failure to Prepare: Certified Question to Supreme Court, IAS_I-5155-001.
Ongoing Failure to Provide, IAS_I-5156-001.
Right of Public to Have Benefit of Explored, IAS_I-5157-001.
Supreme Court Declines Certified Question Jurisdiction, IAS_I-5158-001.
Voluntary Dismissal (See Also DBPR; DISCIPLINE, Complaint) —
Divests Agency & DOAH of Jurisdiction, IAS_I-5159-002.
Does Not Divest Agency Jurisdiction After DOAH Recommended Order, IAS_I-5160-003.
Does Not Divest Agency Jurisdiction If By Third Party Intervenor, IAS_I-5161-003.
Does Not Toll the Time Limits For Requesting a Hearing, IAS_I-5162-001.
Post-Hearing — Found To Require Authorization From Agency, IAS_I-5163-001.
Refiling Requires Wholly New Proceeding, IAS_I-5164-001.


Bd. Denial of Requested Formal §120.57(1) Hearing Reversed, IAS_I-5165-001.
Business Relationship With Client, IAS_I-5166-001.
Challenge to Settlement of Federal Lawsuit Rejected —
1981 Statutory Requirement That Licensed Psychologists Hold a Doctorate Degree From An Accredited Institution, IAS_I-5167-001.
License (See Also LICENSING) —
Bd. Revocation Based On Matters Outside Administrative Complaint Reversed, IAS_I-5168-001.
False or Misleading Advertising —
First Amendment Challenge to Discipline Rejected, IAS_I-5169-001.
Promotional Literature Fails to Include Statutorily – Prescribed Designation “Licensed Mental Health Counselor”, IAS_I-5170-001.
Licensure (See Also LICENSURE) —
Bd. Denial of On Basis of Out-of-State Discipline Affirmed, IAS_I-5171-001.
Bd. Permanent Denial On Basis of Out-of-State Discipline Reversed, IAS_I-5172-001.
By Endorsement —
Bd. Refusal to Substitute Patient Experience For Coursework Upheld, IAS_I-5173-001.
Rule That All Educational Requirements Be Satisfied Before Clinical Experience Counts Invalidated, IAS_I-5174-001.


Public Records Act —
Exemption From Examined, IAS_I-5175-001.
Whistle-Blower’s Act —
Applicability to Examined, IAS_I-5176-001.


Annual Leave —
Must Be Used For Actual Leave Absent Terminal Separation From State Employment, IAS_I-5177-001.
Appellate Review (See Also APPELLATE REVIEW) —
Standards Governing Examined, IAS_I-5178-001.
Attorney’s Fees (See Also PRACTICE & PROCEDURE) —
§448.08 — Requires Action For Back Wages Before Fees Are Recoverable, IAS_I-5179-001.
Award of Affirmed, IAS_I-5180-001.
Governmental Reimbursement For Those Personally Incurred —
Common Law Right to Discussed, IAS_I-5181-001.
Grand Jury Testimony — Associated Fees Not Reimbursable, IAS_I-5182-001.
Scope of Fees Reimbursable Examined, IAS_I-5183-001.
Bargaining Rights —
Contractual Waiver of Examined, IAS_I-5184-001.
Right to Collectively Bargain Equivalent to Private Employees, IAS_I-5185-001.
Right to Collectively Bargain Guaranteed By Fla. Constitution, IAS_I-5186-001.
Benefit Fund —
Commissions From Coin-Operated Telephones May Be Paid Into, IAS_I-5187-001.
Candidacy For County Office —
Tax Collector —
Petition For Declaration That No Conflict Was Created — Dept. of Revenue, IAS_I-5188-001.
Career Service Employee —
Abandonment — Dismissal Conundrum Explored, IAS_I-5189-001.
Involuntary Separation — Alleged Abandonment — Jurisdiction, IAS_I-5190-001.
Finger-Printing Upon Application or Employment, IAS_I-5191-001.
Leave of Absence For Military Service —
Requirement to Hold a Position Open, IAS_I-5192-001.
Time Limit For Retaining Reemployment Rights, IAS_I-5193-001.
Lump Sum Bonuses —
Authority For, IAS_I-5194-001.
Misconduct —
Absence Without Authorized Leave, IAS_I-5195-001.
Failure to Give Truthful or Requested Information, IAS_I-5196-001.
Falsification of Public Records, IAS_I-5197-001.
Likelihood of Rehabilitation Is Immaterial, IAS_I-5198-001.
Matters Outside of Complaint Cannot Be Reached, IAS_I-5199-001.
Negligence, IAS_I-5200-001.
Unauthorized Use of Public Property, IAS_I-5201-001.
Unbecoming Conduct, IAS_I-5202-001.
Violation of Safety Standards, IAS_I-5203-001.
Salary Overpayment —
Recoupment Ordered By Dept. of Banking & Finance, IAS_I-5204-001.
Statutes Governing Public Employment Are Not “Penal”, IAS_I-5205-001.
Stay of Impasse Proceedings Pending Resolution of Unfair Labor Practice Charge —
PERC Power to Enter This Stay Found Inherent, IAS_I-5206-001.
Termination —
Agency Has Burden of Proof By a Preponderance of the Evidence, IAS_I-5207-001.
Agency Has Special Expertise Regarding, IAS_I-5208-001.
Annual Contract —
No Right Exists to a Continuing Contract, IAS_I-5209-001.
Petition For §120.57(1) Hearing Denied, IAS_I-5210-001.
Travel Expenses —
Statutory Limitation On Reimbursement of, IAS_I-5211-001.
Whistle Blower’s Act (§112.3187) —
Effect of Employee Withdrawal of Complaint, IAS_I-5212-001.
Employee Waiver of Right to Confidentiality, IAS_I-5213-001.
Forwarding a Complaint to the Inspector General Does Not Trigger Public Records Act Exemption, IAS_I-5214-001.
Mechanics of Examined, IAS_I-5215-001.
Purpose of Examined, IAS_I-5216-001.


Alteration of Contractual Provision —
Union Found to Have Waived Objection to, IAS_I-5217-001.
Attorney’s Fees (See Also PRACTICE & PROCEDURE) —
§447 Does Not Provide For In Cases Involving Layoffs, IAS_I-5218-001.
Award of Pursuant to §120.58(3) Reversed, IAS_I-5219-001.
Awarded, IAS_I-5220-001.
Court Reverses PERC Award of Backpay & Attorney’s Fees, IAS_I-5221-001.
PERC Award of Over Contrary DOAH Recommendation Reversed, IAS_I-5222-002.
Attorneys —
Statutory Repeal of PERC’s Authority to Define a Bargaining Unit of State-Employed Attorney’s, IAS_I-5223-001.
Backpay —
Awarded, IAS_I-5224-001.
Career Service Employees —
Cannot Be Punished Twice For Same Offense, IAS_I-5225-001.
Changes In Performance Standards — Requisite Procedures Discussed, IAS_I-5226-001.
Competitive Areas — Establishment of Discussed, IAS_I-5227-002.
Complaints — Written Notification Must Be Provided, IAS_I-5228-001.
Drug Test —
Ionscan Found Not to Constitute Since It Is Not “Intrusive”, IAS_I-5229-001.
Requires Samples of Bodily Fluids & Tissues, IAS_I-5230-001.
Finding of Abandonment Reversed —
Improper Use of Presumption, IAS_I-5231-001.
Layoff — Establishment of Competitive Area — Bumping Rights, IAS_I-5232-002.
Quitting Employ In Lieu of Accepting a Transfer, IAS_I-5233-001.
Certification of State Employees Attorney’s Guild (SEAG) As Exclusive Bargaining Agent —
PERC Dismissal of Petition For Affirmed, IAS_I-5234-001.
Certified Question to Supreme Court, IAS_I-5235-001.
Discharge For Alleged Misconduct —
A Discharged Employee Can Engage In No Misconduct “On the Job” —
Communications With Other Employees, IAS_I-5236-001.
Jurisdiction —
None to Hear Challenges to Oral Or Written Reprimands, IAS_I-5237-001.
Layoffs —
Administrative & Statutory Guidelines Must Be Followed When Choosing Competitive Areas, IAS_I-5238-001.
Cannot Be Construed As a Constructive Dismissal, IAS_I-5239-001.
Probationary Employee —
Denial of Hearing In Challenge to Demotion Reversed, IAS_I-5240-001.
Rejection of Recommended Penalty of Dismissal Affirmed, IAS_I-5241-001.
Rejection of Recommended Penalty Reversed, IAS_I-5242-001.
Stay of Impasse Proceedings Pending Resolution of Unfair Labor Practice Charge —
PERC Power to Enter This Stay Found Inherent, IAS_I-5243-001.

PUBLIC RECORDS ACT (§119 Fla. Stat.)

§119 Construed —
§112 Law Enforcement Officer Bill of Rights Examined, IAS_I-5244-001.
Applicability to Judicial Branch — None, IAS_I-5245-001.
Definition of “Public Records” Examined, IAS_I-5246-001.
Even Expansive Requests Must Be Accommodated, IAS_I-5247-001.
Exemptions (See Exemptions)
Individual Need Not Demonstrate Special Interest, IAS_I-5248-001.
Public Policy Strongly Favors Open Records, IAS_I-5249-002.
Public Records Defined, IAS_I-5250-001.
Right of Access Not to Be Impeded or Restricted, IAS_I-5251-001.
To Be Liberally Construed In Favor of Open Government, IAS_I-5252-003.
Agency —
Definition of Examined, IAS_I-5253-002.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Denied, IAS_I-5254-001.
Motion For Denied, IAS_I-5255-001.
Unjustified Delay — Circuit Court Denial of Reversed In Part, IAS_I-5256-001.
Cannot Be Circumvented By Contractually Delegating Agency Responsibilities to Private Entities, IAS_I-5257-001.
Charges By Agency For —
Copies of Transcript of Hearing — No More Than Cost, IAS_I-5258-002.
Copyrighted Private Materials In Public Law Library, IAS_I-5259-001.
Judiciary — $1.00 Per Page Fee Upheld, IAS_I-5260-001.
Services In Complying With Extensive Request For Documents, IAS_I-5261-001.
Circuit Court Records —
Applicability of §119 Examined, IAS_I-5262-001.
Computer Databases —
Judiciary, IAS_I-5263-002.
Public Right to Have Public Records Downloaded, IAS_I-5264-001.
Driver’s License Histories Maintained By the Dept. of Highway Safety & Motor Vehicles (HSMV), IAS_I-5265-001.
E-Mail —
Status As a Public Record Exhaustively Explored, IAS_I-5266-001.
Exemption —
Attorney’s Work Product — Transfer of Case From City to County, IAS_I-5267-001.
Clinical Mental Health Records of Patients, IAS_I-5268-001.
Community Redevelopment Agency Found Not to Be a §288.075(2) Economic Development Agency, IAS_I-5269-001.
Criminal History Expunged Yet Disclosed In Connection With Licensure Application, IAS_I-5270-001.
Election Ballots — Public Cannot Touch Ballots, IAS_I-5271-001.
Insurance & Treasurer — Joint Underwriting Assoc. (JUA) — Not Exempt, IAS_I-5272-001.
Narrowly Construed, IAS_I-5273-003.
Patient Complaints Regarding Health Maintenance Organizations, IAS_I-5274-001.
Police Report Regarding Criminal Child Abuse, IAS_I-5275-001.
Police Tape Recording of 911 Emergency Call, IAS_I-5276-001.
Principal Evaluation Forms Executed By Teachers & Collected By Teacher’s Union, IAS_I-5277-001.
Public Law Library —
Confidential Records — Subpoena Duces Tecum, IAS_I-5278-001.
Sheriff Deputy’s Event Report Regarding Involuntary Commitment, IAS_I-5279-001.
Trade Secrets — §119 Exemption Is Narrow, IAS_I-5280-001.
Trade Secrets — Not Exempt Per Se, IAS_I-5281-001.
Federal Copyright Law —
Duties of State Agencies In Possession of Public Records Subject to, IAS_I-5282-001.
Exclusive Jurisdiction of Federal Courts, IAS_I-5283-001.
Florida Windstorm Underwriting Assoc. —
Applicability Discussed, IAS_I-5284-001.
Judicial E-Mail Records —
Absence of Uniform Policy Noted, IAS_I-5285-001.
Caselaw Left Undisturbed, IAS_I-5286-001.
Duty to Archive Nonexempt E-Mail Examined, IAS_I-5287-001.
E-Mail Nonetheless Is a Public Record Unless Otherwise Exempt, IAS_I-5288-001.
Supreme Court Review of Fla. Rules of Judicial Administration, IAS_I-5289-001.
Penalty For Agency Failure to Properly Provide —
Attorney’s Fees Recoverable Despite Agency’s Good Faith Mistake of Law, IAS_I-5290-001.
Private Organizations —
Acting On Behalf of a Public Body, IAS_I-5291-001.
Applicability Discussed, IAS_I-5292-002.
Public Counsel’s Exemption From Examined, IAS_I-5293-001.
Retention —
At Home of Public Official, IAS_I-5294-001.
Should Be In Building Ordinarily Used, IAS_I-5295-001.


Appellate Review —
Standard Governing, IAS_I-5296-001.
Cogeneration —
Elimination of “Regulatory Out” Clauses From Standard Offer Contracts Upheld, IAS_I-5297-001.
Public Policy In Favor of Cogeneration Examined, IAS_I-5298-001.
Standard Offer Contract Defined & Discussed, IAS_I-5299-001.
Commission Order —
Presumption of Correctness, IAS_I-5300-002.
Cross-Subsidization of Competitive Services By Local Exchange Carriers —
Comm. Order Regarding Upheld, IAS_I-5301-001.
Customer Complaint —
Overbilling — Denial Affirmed, IAS_I-5302-001.
Safety of Equipment — Denial Affirmed, IAS_I-5303-001.
Demand-Side Management Goals For Electric Utilities —
Commission Utilization of Staff Found Proper, IAS_I-5304-001.
Purpose of Examined, IAS_I-5305-001.
Rate Structure Cannot Be Discriminatory, IAS_I-5306-001.
Third Party (LEAF) Found to Lack Standing to Seek Appellate Review, IAS_I-5307-001.
Discovery —
Attorney/Client Privilege Asserted By So. Bell —
Compliance With Audit Team’s Data Request Ordered, IAS_I-5308-001.
Hearings —
Mechanics Governing PSC Holding Its Own Hearings Examined, IAS_I-5309-001.
Prosecuting Attorney Found to Have Also Advised the Commission Post-Hearing In a Penal Proceeding — Reversed, IAS_I-5310-001.
Rate Reduction For GTE Reversed — Telecommunications —
Supreme Court Mandates GTE Recovery of Erroneously Disallowed Expenses Through a Surcharge, IAS_I-5311-001.
Surcharge For Erroneously Disallowed Expenses Does Not Constitute Retroactive Rulemaking, IAS_I-5312-001.
Transactions Between Affiliated Companies Are Not Unfair Per Se, IAS_I-5313-001.
Revised Opinion: Cherry Communications —
Original Opinion Left Largely Intact Except For Minor Revisions, IAS_I-5314-001.
Territorial Disputes — Electric —
Standard of PSC Review, IAS_I-5315-001.
Water & Sewer Utility —
Imposition of Fine Affirmed In Per Curiam Opinion, IAS_I-5316-001.