Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
DOAH Award of Reversed, IAS_I-5317-001.
Broker —
Bd. Increased Penalty Over DOAH Recommendation Reversed In Part, IAS_I-5318-001.
Bd. Increased Penalty Over DOAH Recommendation Reversed, IAS_I-5319-001.
Bd. Rejection of DOAH Recommended Fact Findings Reversed, IAS_I-5320-001.
Suspension — Failure to Complete Prescribed Educational Requirements In Prior Disciplinary Case —
Affirmed, IAS_I-5321-001.
Suspension of License Reversed, IAS_I-5322-001.
Tax Protestor — Penalty, IAS_I-5323-001.
Disciplinary Action Reversed Due to a Defective Final Order, IAS_I-5324-001.
Real Estate Recovery Fund —
Comm. Grant of Claim Under Reversed, IAS_I-5325-001.


Challenge to Appointment of Betty Castor As President of Univ. of So. Fla. —
Supreme Court Denies Petition For Writ of Mandamus, IAS_I-5326-001.
State University System —
Broad Responsibility Over Research & Education Programs Examined, IAS_I-5327-001.
Public Interest Research As An Integral Part of Educational & Research Component, IAS_I-5328-001.
Student Fees — Additional — Public Interest Research —
Must Be the Product of Informed, Free Choice, IAS_I-5329-001.


Circuit Court Grant of Temporary Injunction Reversed, IAS_I-5330-001.
Denial of Allegedly Untimely Petition For Hearing Reversed, IAS_I-5331-001.
Disability Benefits —
Applicant’s Burden of Proof Examined, IAS_I-5332-001.
Denial of Disability Benefits Reversed, IAS_I-5333-001.
Denial of In-Line of Duty Disability Retirement Benefits Reversed, IAS_I-5334-001.
Disability & Impairment Distinguished, IAS_I-5335-001.
In-Line-of-Duty —
Award of Affirmed, IAS_I-5336-001.
Test For — Physician Certification of Total Permanent Disability Not Required, IAS_I-5337-001.
Test For, IAS_I-5338-002.
Need Not Arise During Course of Public Employment, IAS_I-5339-001.
Refusal to Consider Medical Evidence Reversed, IAS_I-5340-001.
Employee/Independent Contractor Distinction —
All Facts & Circumstances Test Examined, IAS_I-5341-001.
Hospital Administrator At Community Facility, IAS_I-5342-001.
Local Agencies Need Not Report Every Independent Contractor to the Div., IAS_I-5343-001.
Reemployment Within 12 Months of Retirement —
Employee/Independent Contractor Distinction, IAS_I-5344-001.


Ad Valorem (See TAXATION)
Appellate Review (See Also APPELLATE REVIEW) —
Circuit Court Has Discretion to Waive Bond When Appropriate, IAS_I-5345-001.
Post-Judgment Interest —
Awarded, IAS_I-5346-001.
Found Proper Where There Is a Final Money Judgment, IAS_I-5347-001.
Remedy For Successful Challenge — Legislative Solution Found Unavailable, IAS_I-5348-001.
Right to Jury Trial —
Exhaustively Explored, IAS_I-5349-001.
Federal Caselaw Found Analogous, IAS_I-5350-001.
Fla. Constitution Preserves This Right As It Existed In 1845, IAS_I-5351-001.
Flows From the Existence of Such a Right At Common Law, IAS_I-5352-001.
None In Challenge to Nonjudicial Tax Assessment, IAS_I-5353-001.
Right to Found In Challenge to Penalty For Fraud, IAS_I-5354-001.
Tax Refund Order —
Circuit Court Ordered to Finalize Attorney’s Fees & Costs Award, IAS_I-5355-001.
Pre & Post-Judgment Interest, IAS_I-5356-001.
Assessment —
§72 Circuit Court Challenge to Assessment —
Circuit Court Has Discretion to Waive Bond When Appropriate, IAS_I-5357-001.
Claim For a Refund Is a Prerequisite, IAS_I-5358-001.
Constitutional Challenge to Posting of Bond & Jurisdictional Requirements, IAS_I-5359-002.
Does Not Preempt or Preclude §86 Declaratory Judgments, IAS_I-5360-001.
Time Limit For — Jurisdiction, IAS_I-5361-002.
Time Limit For — Notice of, IAS_I-5362-001.
§120 Challenge to Assessment —
Dept. Notice Found to Contain Unclear Filing Instructions, IAS_I-5363-001.
Discussed, IAS_I-5364-001.
Improper Rejection of DOAH Recommended Fact Findings Reversed, IAS_I-5365-001.
Otherwise Timely Petition Improperly Filed At DOAH Deemed Timely, IAS_I-5366-001.
Taxpayer Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-5367-002.
Assessment Procedure & Audit Training Manual Invalidated By Circuit Court As An Unpromulgated Rule — Affirmed, IAS_I-5368-001.
Compromise of —
Acceptance of Partial Payment By Dept. Does Not Constitute, IAS_I-5369-001.
Accord & Satisfaction Alleged But Not Found, IAS_I-5370-001.
Doubt As to Liability Is Required, IAS_I-5371-003.
Interest Generally Can Be Compromised Only to the Extent the Underlying Tax Is Compromised, IAS_I-5372-001.
Procedure Governing Examined, IAS_I-5373-001.
Dept. Has the Burden of Proof —
Limited Nature of Examined, IAS_I-5374-001.
Dept. Has the Burden of Proof, IAS_I-5375-001.
Dept. Notice of Rights Found to Be Defective —
Right to Direct Appellate Review Found Not Provided, IAS_I-5376-001.
Presumption of Correctness Examined, IAS_I-5377-001.
There Is Nothing Illegal or Immoral About Managing One’s Business So As to Minimize, IAS_I-5378-001.
Audits —
Five (5) Year Time Limit For, IAS_I-5379-002.
Jury Verdict Returned On Defamation & Invasion of Privacy Claims —
Actions of Executive Director — Reversed, IAS_I-5380-001.
Piecemeal Audit Assailed, IAS_I-5381-001.
Sampling Is Appropriate If Taxpayer Fails to Maintain Adequate Records, IAS_I-5382-001.
Authority & Duty of Dept. to Adjust Distributions of Trust Funds to Local Governments Pursuant to §200.132 & 218 —
Adjustment of Apportionment Factors Discussed, IAS_I-5383-001.
Governor’s Revision of Population Estimates, IAS_I-5384-001.
Mechanics of Governor’s Population Estimates, IAS_I-5385-001.
Child Support Enforcement Program (See Also CONTRACTS (Bids/Protests)) —
Transfer From HRS Noted, IAS_I-5386-001.
Constitutional Challenges (See Also CONSTITUTION (Fla.) (U.S.)) —
Actual Effects of the Tax Must Be Analyzed, IAS_I-5387-001.
Alcohol Produced From Locally Grown Products — Exemption, IAS_I-5388-001.
Circuit Court Challenges — Prerequisite Posting of Bond Challenged, IAS_I-5389-001.
Class Action Proper Vehicle For, IAS_I-5390-001.
Equal Protection Clause —
Claim Is Not Ripe Until the Tax Is Actually Enforced, IAS_I-5391-001.
Found Not Offended, IAS_I-5392-001.
Impact Fee On Vehicles Purchased or Titled Out-of-State, IAS_I-5393-001.
Remedy For Successful Challenge — Refund Ordered, IAS_I-5394-001.
Remedy For Successful Challenge to Exemption — Prospective, IAS_I-5395-001.
Standing Considerations Examined, IAS_I-5396-001.
Surcharge On Oysters Harvested From Apalachicola Bay, IAS_I-5397-001.
Taxpayer Has a Heavy Burden of Proof, IAS_I-5398-001.
Constitutional Gas Tax Proceeds —
Constitutional Authority For Examined, IAS_I-5399-001.
Local Governments Held Entitled to Interest On Disputed State Withholding, IAS_I-5400-001.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statements (See Also DECLARATORY STATEMENTS) —
Appellate Court Reversal —
Sales Tax on Commercial Lease Between Related Entities, IAS_I-5401-001.
Delinquency & Collection Action —
Levy On Bank Account —
Correctness of Assessment Found Not Germane to, IAS_I-5402-001.
Dept. Has Burden of Proof By a Preponderance of the Evidence, IAS_I-5403-001.
Upheld, IAS_I-5404-001.
Documentary Stamp Tax (See Also DECLARATORY STATEMENTS) —
§201.08(1) —
Court Finds That the Legislature Needs to Fix Glitches & Ambiguous Language, IAS_I-5405-001.
Based On Amount of Indebtedness —
Other Consideration — Property Other Than Money — Effect of, IAS_I-5406-001.
Calculation of Amount —
Based On Face of Document Recorded – Not Extrinsic Matters, IAS_I-5407-001.
Computer Equipment Leases Between Out-of-State Firm & Fla. Residents, IAS_I-5408-001.
Deed Transferring Real Property to County Under Threat of Condemnation — Exemption, IAS_I-5409-001.
Future Advance Distinguished From Renewal Note & Found Not Subject to Tax, IAS_I-5410-002.
Incorporation of Related Document By Reference Exhaustively Explored, IAS_I-5411-001.
Quitclaim of Joint Real Property Interest Between Husband & Wife In Dissolution of Marriage Proceeding, IAS_I-5412-001.
Renewal Notes Defined & Discussed, IAS_I-5413-001.
Status As An Excise Tax Examined, IAS_I-5414-001.
Unrecorded Promissory Note Secured By Mortgage —
Exemption For Note Requires Simultaneous Recordation With Mortgage, IAS_I-5415-001.
Duplicate Taxation —
Statutory Prescription of, IAS_I-5416-001.
Employee —
Petition For Declaration That Candidacy For County Tax Collector Created No Conflict, IAS_I-5417-001.
Suggestion Award —
Award Granted, IAS_I-5418-001.
Discretionary Nature of Awards Noted, IAS_I-5419-001.
Program Discussed, IAS_I-5420-001.
Excise Tax Exemption Struck Down —
Alcohol Produced From Locally Grown Products, IAS_I-5421-001.
Remedy Fashioned Which Is Prospective In Nature, IAS_I-5422-001.
Exemptions (See Also TAXATION, Taxing Enactments) —
Strictly Construed Against Taxpayer, IAS_I-5423-001.
Impact Fee Struck Down (See Also COUNTY GOVERNMENT) —
Vehicles Purchased or Titled Out-of-State —
Attorney’s Fees Award Reduced, IAS_I-5424-001.
Pre & Post-Judgment Interest Denied, IAS_I-5425-001.
Vehicles Purchased or Titled Out-of-State, IAS_I-5426-001.
Insurance Premium Tax —
Credit For Corporate Income & Emergency Excise Taxes, IAS_I-5427-001.
Dept. Carry Forward Found Erroneous, IAS_I-5428-001.
Hotel-Motel Self Insurance Fund — Credit For Salary, IAS_I-5429-001.
Medical Malpractice Self-Insurance Fund — Credit For Corporate Income & Intangible Tax, IAS_I-5430-001.
Intangible Tax —
Unconditional Guarantee Secured By Mortgage On Real Property —
§199.133 Tax Found to Be Inapplicable, IAS_I-5431-001.
Jeopardy Tax —
§212.0505 Declared Unconstitutional —
Fla. Supreme Court, IAS_I-5432-001.
Assessment —
§212.0505 Declared Unconstitutional, IAS_I-5433-001.
Cocaine — Sale of, IAS_I-5434-001.
Cocaine — Transportation of, IAS_I-5435-001.
Dept. Has the Burden of Proof, IAS_I-5436-001.
Distribution Defined, IAS_I-5437-001.
Sale & Distribution of Cocaine, IAS_I-5438-001.
Trafficking In Marijuana, IAS_I-5439-001.
Transportation Defined, IAS_I-5440-001.
Failure to Respond to DOR Request For Admissions While Incarcerated Excused, IAS_I-5441-001.
Jurisdiction —
Statutory Restrictions On Authority to Tax Examined, IAS_I-5442-001.
License —
Retail Fuel Dealer, IAS_I-5443-001.
Retail Gasoline Dealer — Revocation, IAS_I-5444-001.
Special Fuel Dealer, IAS_I-5445-001.
On Motion For Rehearing —
Citizens National Bank of Leesburg, IAS_I-5446-001.
Computer Sales International, IAS_I-5447-001.
Nu-Life Health and Fitness Center, IAS_I-5448-001.
The Printing House, Inc., IAS_I-5449-001.
Westring, IAS_I-5450-001.
Penalty —
Cannot Be Increased Through Dept. Use of Novel Theories, IAS_I-5451-001.
Compromise of Found Appropriate, IAS_I-5452-001.
Refund —
Court-Ordered — Affirmed, IAS_I-5453-001.
Three (3) Year Time Limit For, IAS_I-5454-001.
Retaliatory Tax On Foreign Insurers —
Found Not to Violate the Equal Protection Clause, IAS_I-5455-001.
Mechanics of Examined, IAS_I-5456-002.
Purpose of Examined, IAS_I-5457-002.
Rate Abatement — Investment of Assets In Home State Property — Dept. Assessment Upheld, IAS_I-5458-001.
Special Purpose Obligations — Workers’ Compensation Administrative Assessment Found to Constitute, IAS_I-5459-001.
Special Purpose Obligations Other Than Property Insurance — Treatment of, IAS_I-5460-001.
Special Purpose Obligations, IAS_I-5461-001.
Admissions —
Country Club — Not-For-Profit, IAS_I-5462-001.
Physical Fitness Clubs, IAS_I-5463-001.
Assessment (See Also Assessment) —
Collection of Sales Tax On Nontaxable Transactions Must Be Remitted to DOR, IAS_I-5464-001.
Out-of-State Mail Order Supplier — Chiropractic Supplies, IAS_I-5465-001.
Requisite Substantial Nexus Test Examined, IAS_I-5466-001.
Yacht Purchased For Resale But Also Used As Demonstrator, IAS_I-5467-001.
Billboard — Lease of, IAS_I-5468-001.
Business Collecting Sales Tax Operates As An Agent of the State, IAS_I-5469-001.
Exemption —
§212.08(5)(b)(5) — Constitutionality of Upheld, IAS_I-5470-001.
Computer Database Transmissions, IAS_I-5471-001.
DOT Road Subcontractor — Construction & Maintenance of Traffic Control Patterns — Services, IAS_I-5472-001.
Printing Equipment — Publisher of Alternative Phone Directory — Denial of Affirmed, IAS_I-5473-001.
Failure of Seller to Initially Collect —
Subsequent Successful Suit to Recover Reversed, IAS_I-5474-001.
Out-of-State Mail Order Business —
Requisite Nexus With Fla. Exhaustively Explored & Found Lacking, IAS_I-5475-001.
Rental of Commercial Real Property —
Business of Renting, Leasing, etc., Defined, IAS_I-5476-001.
Municipal Beach Concessionaire License Found Not to Constitute, IAS_I-5477-001.
Related Entity — Exemption, IAS_I-5478-001.
Rental of Tangible Personal Property —
Applicability of Sales Tax to Late Charges, Delivery Fees and Processing Charges, IAS_I-5479-001.
Receipt of Computer Database Transmission Does Not Constitute, IAS_I-5480-001.
Rental of Tangible Personal Property, IAS_I-5481-001.
Successor Vendor —
Best Estimates Cannot Be Used to Assess Liability For Actions of Predecessor, IAS_I-5482-001.
Tangible Personal Property —
Computer Database Transmissions Does Not Constitute, IAS_I-5483-001.
Defined & Discussed, IAS_I-5484-001.
Surtax On Oysters Harvested In Apalachicola Bay —
Declared Unconstitutional, IAS_I-5485-001.
Upheld, IAS_I-5486-001.
Taxing Enactment (See STATUTES; TAXATION) —
Taxpayer Bill of Rights — 1992 —
Found to Apply Retroactively, IAS_I-5487-001.
Technical Assistance Advisement (TAA) —
County Tax Collectors Cannot Request, IAS_I-5488-001.
Have No Precedential Value, IAS_I-5489-001.
Not An Expression of Policy, IAS_I-5490-001.


Agency Bound By Own Rule, IAS_I-5491-013.
Appellate Review (See Also APPELLATE REVIEW) —
Agency Appeal Found to Stay DOAH Final Order, IAS_I-5492-001.
Direct Review Denied —
Challenge to 1992 Statutory Prohibition On Rejected, IAS_I-5493-001.
DOAH Rule Challenge Is a Prerequisite For 3020-3023-J.
Pending Appeals Quashed — Prison Inmates — Statutory Abolition of Prisoner Rule Challenges, IAS_I-5494-001.
Rule Need Be Merely Reasonably Related to Enabling Statute & Not Arbitrary & Capricious, IAS_I-5495-006.
Scope of Examined & Found Limited, IAS_I-5496-003.
Unavailable If Standing Below Was Improperly Accorded, IAS_I-5497-001.
Applicability (See Also STATUTES) —
Amendments, IAS_I-5498-001.
Retroactive Application Found Improper, IAS_I-5499-002.
Those In Effect At Hearing, IAS_I-5500-001.
Those In Effect At Time of Application, IAS_I-5501-001.
Those In Effect At Time of Initial Agency Review, IAS_I-5502-001.
Arbitrary & Capricious —
Burden of Proof Is Heavy, IAS_I-5503-002.
Defined, IAS_I-5504-026.
Proposed Rule Found to Be, IAS_I-5505-002.
Rule Found Not to Be, IAS_I-5506-004.
Rule Found to Be — Reversed, IAS_I-5507-001.
Rule Found to Be, IAS_I-5508-009.
As Applied —
Challenge to Must Be In §120.57(1) Proceeding, IAS_I-5509-005.
DOAH Hearing Officer Accepts Challenge to In §120.56 Proceeding, IAS_I-5510-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Cannot Be Awarded For Successful Parallel Rule Challenge —
Fla. Comm. On Human Relations — §760.10(13), IAS_I-5511-001.
Burden of Proof (See Also PRACTICE & PROCEDURE) —
Found Improperly Shifted By DOAH to Agency, IAS_I-5512-001.
On Those Who Challenge Validity, IAS_I-5513-073.
Preponderance of the Evidence, IAS_I-5514-032.
Stringent Indeed, IAS_I-5515-004.
Constitutional Challenge (See Also CONSTITUTION (Fla.) (U.S.)) —
Appellate Court Can Entertain On Appeal From DOAH Ruling, IAS_I-5516-001.
As Applied, IAS_I-5517-001.
DOAH Can Consider For Proposed Rules, IAS_I-5518-003.
DOAH Cannot Consider, IAS_I-5519-003.
Facial Validity, IAS_I-5520-001.
Presumption of Constitutional Validity, IAS_I-5521-001.
Construction (See Also STATUTES, Construction) —
Absurd Results Necessarily Erroneous, IAS_I-5522-001.
Agency Construction Entitled to Great Weight Except If Contradicting Unambiguous Rule Language, IAS_I-5523-001.
Agency Construction Entitled to Great Weight, IAS_I-5524-024.
Agency Construction Will Not Be Disturbed Unless Clearly Erroneous, IAS_I-5525-002.
Available Constitutional Interpretation Is Obligatory, IAS_I-5526-002.
May Not Be Construed Contrary to Plain Meaning Without Amendment, IAS_I-5527-001.
Or Signifies the Conjunctive, IAS_I-5528-001.
Penal Rules Strictly Construed In Favor of Licensee, IAS_I-5529-001.
Presumption of Constitutionality, IAS_I-5530-001.
Presumption of Validity Increases Over Time, IAS_I-5531-001.
Rules Must Be Read In Harmony With Enabling Legislation, IAS_I-5532-001.
Shall Connotes a Mandatory Requirement, IAS_I-5533-001.
DOAH Cannot Reach Matters Not Properly & Timely Raised By Party Litigants, IAS_I-5534-002.
DOAH Jurisdiction Not Divested By Dismissal of Previous Petition Followed By Amended Version, IAS_I-5535-001.
Draw-Out (§120.54(17)) —
Consolidated With §120.54(4) Proceeding, IAS_I-5536-001.
Nature of This Proceeding Exhaustively Explored, IAS_I-5537-001.
Validity of a Proposed Rule Is Not At Issue, IAS_I-5538-001.
Economic Impact Statement —
Adequacy Immaterial Absent Unfairness, IAS_I-5539-002.
Agency Need Not Speculate On Costs It Cannot Predict, IAS_I-5540-001.
Deficiencies Found Compounded By Inadequate Notice, IAS_I-5541-001.
Failure to Comply With Statutory Prerequisite to Challenge, IAS_I-5542-001.
Found Adequate at DOAH — Reversed, IAS_I-5543-001.
Found Adequate, IAS_I-5544-002.
Found Inadequate, IAS_I-5545-002.
Harmless Error Rule (See Also PRACTICE & PROCEDURE, Harmless Error) —
Applicable, IAS_I-5546-002.
Mandatory Redrafting of Not Provided For, IAS_I-5547-001.
Procedural Aspect of Rulemaking, IAS_I-5548-001.
Purpose of Examined, IAS_I-5549-001.
Requirements For Discussed, IAS_I-5550-002.
Small Business Impact (§120.54(3)(b)) —
Alleged Failure to Consider Rejected, IAS_I-5551-001.
Requisite Analysis For Impact On Small Business, IAS_I-5552-001.
Standing to Challenge —
Found Lacking, IAS_I-5553-003.
New Specific Requirements For Examined, IAS_I-5554-001.
Statutory Exemption From Examined, IAS_I-5555-001.
Substantial Compliance Only Is Required, IAS_I-5556-001.
Emergency Rule (See Also Invalidity (§120.56), Emergency Rule, Validity (§120.56), Emergency Rule) —
Cannot Be Extended By Merely Promulgating An Identical Emergency Rule, IAS_I-5557-001.
Standing to Challenge, IAS_I-5558-001.
Failure to Adopt Statutorily Mandated Rule —
§120.54(12)(a) Time Limit Is Not Jurisdictional, IAS_I-5559-001.
Federal Statute —
DOAH Cannot Consider Claim of Preemption, IAS_I-5560-001.
Federal Administrative Caselaw In Conflict Preempts Fla. Admin. Rule, IAS_I-5561-001.
DOAH Concludes There Is a Failure to Follow Own Rules — Rejected, IAS_I-5562-001.
Not Bound to a Literal Reading of Its Rules, IAS_I-5563-001.
Invalidity (§120.54(4)), Proposed Rule (See Also Proposed Rules, Rule) —
Banking & Finance — Div. of Finance —
Competing Claims of Creditors to Abandoned Property, IAS_I-5564-001.
Business & Professional Regulation (DBPR) —
Land Sales — Mobile Home Park — Validity Period of the Prospectus, IAS_I-5565-001.
Pari-Mutuel Wagering — Authorization of the Operation of Commercial Card Rooms, IAS_I-5566-001.
Chiropractic —
Accreditation of Educational Institutions Attended By Licensure Applicants, IAS_I-5567-001.
Regional Accreditation Requirements For Colleges — Licensure Standards, IAS_I-5568-001.
Clinical Lab Personnel —
Licensure of Alternate Site Technicians, IAS_I-5569-001.
Commerce — Div. of Economic Development —
Certification of a Facility For a New Professional Sports Franchise, IAS_I-5570-001.
Construction Industry Licensing Bd. —
Authority of Bd. to Order Restitution to Subcontractors & Suppliers, IAS_I-5571-001.
Corrections —
Inmate Access to Courts, IAS_I-5572-001.
DEP (Environmental Protection, Dept. of) (See Also Marine Fisheries Comm. (MFC)) —
Marine Speed Zones In Lee County, IAS_I-5573-001.
DNR (Natural Resources, Dept. of) —
Aquatic Plant Control By Way of Chemical Treatment — DOAH Finding of Partial Invalidity Reversed, IAS_I-5574-001.
Aquatic Plant Control By Way of Chemical Treatment, IAS_I-5575-001.
Dentistry —
Dental Hygiene Schools — Accreditation, IAS_I-5576-001.
Prohibition On Consideration of the Use of a Laser Device As a Remediable Task, IAS_I-5577-001.
HRS (Health & Rehabilitative Services, Dept. of) —
Establishment of Uniform Standards Under Fla. Indoor Clean Air Act Regarding Regulation of Indoor Smoking, IAS_I-5578-002.
Standards For Licensing of Child Care Facilities, IAS_I-5579-001.
Health Care Administration, Agency For (AHCA) —
Certificate of Need (CON) — Requirement That Hospital Licenses Not Be Consolidated, IAS_I-5580-002.
Medicaid — Forms For Evaluation & Rating of Nursing Homes, IAS_I-5581-001.
Medicaid — Reimbursement For Various Treatments of Bed Sores, IAS_I-5582-001.
Insurance —
Certificate of Authority — Procedure Governing Withdrawal or Surrender of, IAS_I-5583-001.
Gross Net Premiums — Calculation of — Adjustment Factors — Definition of Line of Business, IAS_I-5584-001.
Guidelines For Statutory Prohibition On Banks Engaging In Insurance Agency Activities — Affirmed, IAS_I-5585-001.
Guidelines For Statutory Prohibition On Banks Engaging In Insurance Agency Activities, IAS_I-5586-001.
Policies — Cancellation of, IAS_I-5587-001.
Public Hearings On Certain Insurer Rate Filings, IAS_I-5588-001.
Labor & Employment Security —
Workers’ Compensation — Health Care Providers — Certification By Instructor – Training But Not Correspondence — Reversed, IAS_I-5589-001.
Workers’ Compensation — Restrictions On Reimbursement of Medical Care Provided By Chiropractors, Osteopaths, & Homeopaths — Reversed, IAS_I-5590-001.
Legal Affairs —
Motor Vehicle Dealer — Calculation of Time Limits For Lemon Law, IAS_I-5591-001.
Marine Fisheries Comm. (MFC) —
Failure to Wait 28 Days Before Adopting Rule After Published Notice of Proposed Rule, IAS_I-5592-001.
Prohibition On Use of Gill or Entangling Nets, etc., IAS_I-5593-001.
Restrictions On Harvest of Black Mullet, IAS_I-5594-001.
Medicine — Dietetics & Nutrition Practice Council —
Reversed, IAS_I-5595-001.
Scientific Validation of Dietary Methodology —
Scientific Validation of Dietary Methodology, IAS_I-5596-001.
Operational Dependency On Further Rulemaking Not Fatal Per Se, IAS_I-5597-001.
Revenue, Dept. of (DOR) —
Rental of Tangible Personal Property — Arrangement Between Taxicab Companies & Drivers, IAS_I-5598-001.
Sales Tax On Pole Attachment Agreements Between Cable & Utility Companies, IAS_I-5599-001.
St. Johns River Water Management Dist. —
Regulation of Discharges Into Lake Apopka, IAS_I-5600-002.
Standard Governing Review of, IAS_I-5601-020.
Transportation, Dept. of (DOT) —
Guidelines Governing Access Management of Private Driveways Connecting to State Highways, IAS_I-5602-001.
Standard Governing Review of, IAS_I-5603-001.
Invalidity (§120.56), Adopted Rule (See Also Rule, Unpromulgated Rule) —
Agriculture & Consumer Services —
Registration of Motor Vehicle Repair Shops — Definition of Established Place of Business, IAS_I-5604-001.
Bd. of Trustees of Internal Improvement Trust Fund —
Prohibition On Docks Greater Than a Prescribed Length, IAS_I-5605-001.
Bd. Rule Declared Invalid In Per Curiam Appellate Opinion, IAS_I-5606-001.
Chiropractic —
Accreditation of Educational Institutions Attended By Licensure Applicants, IAS_I-5607-001.
Peer Review of Fees, IAS_I-5608-001.
Regional Accreditation Requirements For Colleges — Licensure Standards, IAS_I-5609-001.
Corrections —
Limited Pat-Down Searches of Prison Visitors, IAS_I-5610-001.
DOAH Ruling Operates Prospectively Only, IAS_I-5611-001.
DEP (Environmental Protection, Dept. of) (See Also Bd. of Trustees of Internal Improvement Trust Fund) —
Maximum Boat Speeds In Volusia County, IAS_I-5612-001.
Prohibition On Docks Greater Than a Prescribed Length, IAS_I-5613-001.
Standard Governing Review of, IAS_I-5614-001.
HRS (Health & Rehabilitative Services, Dept. of)
AFDC — Caseload Prioritization, IAS_I-5615-001.
Application For State-Approved Pediatric Trauma Referral Center, IAS_I-5616-001.
Limited Use Community Public Water System, IAS_I-5617-001.
Health Care Administration, Agency For (AHCA) —
Certificate of Need (CON) — Batching of Applications For Skilled Nursing Beds, IAS_I-5618-001.
Certificate of Need (CON) — Cardiac Catheterization Rule Need Methodology, IAS_I-5619-001.
Certificate of Need (CON) — Expedited Review/Consolidation of Licenses, IAS_I-5620-001.
Certificate of Need (CON) — Home Health Agency Rule Need Methodology — Reversed In Part, IAS_I-5621-001.
Certificate of Need (CON) — Hospital Acute Care Need Methodology, IAS_I-5622-001.
Certificate of Need (CON) — Prohibition On Amendments & Specification of Acceptable Mergers or Name Changes, IAS_I-5623-001.
Certificate of Need (CON) — Rule Need Methodology For Hospices, IAS_I-5624-001.
Human Relations (Fla. Comm. On) —
Delegation of Substantive Powers From Agency Head To Executive Director, IAS_I-5625-001.
Labor & Employment Security — Workers’ Compensation — Filing Requirements For Service Companies Authorized For Self-Insurance Funds, IAS_I-5626-001.
Medicine —
False or Misleading Advertising of Status As a Specialist, IAS_I-5627-001.
Sexual Relationship With Patients, IAS_I-5628-001.
Public Employees Relations Comm. (PERC) —
Exclusion of State-Employed Lawyer From Definition of Public Employment, IAS_I-5629-001.
Revenue, Dept. of (DOR) —
Methodology For Imposition of Insurance Premium Tax On Medical Malpractice Self Insurance — Affirmed, IAS_I-5630-002.
Methodology For Impositon of Insurance Premium Tax On Medical Malpractice Self Insurance, IAS_I-5631-001.
Retaliatory Tax On Foreign Insurers — Affirmed, IAS_I-5632-001.
Retaliatory Tax On Foreign Insurers, IAS_I-5633-001.
Sales Tax — Admissions, IAS_I-5634-001.
Sales Tax On Bakery Goods Sold For Consumption Near Premises, IAS_I-5635-001.
Standard Governing Review of, IAS_I-5636-013.
Invalidity (§120.56), Emergency Rule (See Also Emergency Rule) —
Business & Professional Regulation, Dept. of (DBPR) —
Pari-Mutuel Wagering — Continuation of Regulatory Scheme After Sunset of Governing Statute, IAS_I-5637-001.
HRS (Health & Rehabilitative Services, Dept. of) —
Medicaid — Nursing Home — Adjustment In Rates — Revenue Shortfall, IAS_I-5638-001.
Insurance —
Moratorium On Cancellation of Personal Lines Property Insurance On the Basis of Hurricane Risk, IAS_I-5639-001.
Penal Rules —
Emergency Rulemaking Not Yet Complete Does Not Authorize Reliance On Repealed Penal Rules, IAS_I-5640-001.
Prisons (See Also CORRECTIONS) —
Inmate Proof of Standing to Bring Rule Challenges Examined, IAS_I-5641-001.
Inmate Right to Challenge Rules Via Circuit Court Declaratory Judgment, IAS_I-5642-001.
Statutory Abolition of Inmate Rule Challenges Quashes Pending Appeals, IAS_I-5643-001.
Proposed Rules —
§120.54(4) Challenge Cannot Be Filed Until 21 Days After Published Notice, IAS_I-5644-001.
§120.54(4) Challenge Cannot Be Used to Force a Different Rulemaking Initiative, IAS_I-5645-001.
Cannot Contradict Existing Valid Rule, IAS_I-5646-001.
Failure to Wait 28 Days Before Adopting Rule After Published Notice of Proposed Rule, IAS_I-5647-001.
Modification — 28-Day Waiting Period After Published Notice of Proposed Rule Becomes Critical, IAS_I-5648-001.
Modification — Substantial — New Court-Created Time Limit For Challenge, IAS_I-5649-001.
Modification — Substantial — Renotice Not Required, IAS_I-5650-001.
Modification — Substantial — Renotice Requirements Examined, IAS_I-5651-001.
Withdrawal of Renders §120.54(4) Challenge Moot, IAS_I-5652-001.
Record of Rulemaking —
Literature Or Unspecified Documents Outside of Not to Be Considered, IAS_I-5653-001.
Matters Not Properly Raised Not to Be Considered, IAS_I-5654-001.
Rule (See Also Invalidity, Proposed Rule, Validity, Unpromulgated Rule) —
§120.54(4) Cannot Be Utilized to Challenge An Adopted Rule, IAS_I-5655-001.
§120.56 Cannot Be Utilized to Challenge a Repealed Rule, IAS_I-5656-001.
§120.57 Cannot Be Used to Challenge Validity, IAS_I-5657-005.
Agency Bound By Until Properly Amended or Repealed, IAS_I-5658-003.
Agency Failure to Comply With Nonjurisdictional APA Requirements Harmless Error Unless Fairness Impaired, IAS_I-5659-001.
Agency Reliance On While DOAH §120.56 Invalidation Is On Appeal, IAS_I-5660-001.
Agency Statement Which Rescinds Prior Statutory Construction, IAS_I-5661-001.
Amendment Mandated By Date Certain Statutorily —
Agency Failure to Comply — Old Rules Utilized — DEP, IAS_I-5662-001.
Cannot Be Amended By Nonrule Policy, IAS_I-5663-001.
Cannot Contradict Existing Valid Rules, IAS_I-5664-001.
Cannot Impose Additional Requirements Not Contained In Statute, IAS_I-5665-003.
Challenge to Considered Despite Absence of Reference to §120.56, IAS_I-5666-001.
Challenge to Found Moot, IAS_I-5667-001.
Challenge to Must Cite to Specific Rules — DOAH Excuses Failure to, IAS_I-5668-001.
Deference to Increases Over Time, IAS_I-5669-001.
Defined — Statement of General Applicability Discussed, IAS_I-5670-001.
Defined — Statutory Definition of, IAS_I-5671-001.
Defined, IAS_I-5672-020.
Enforcement of — Immaterial to Validity, IAS_I-5673-001.
Evidentiary Presumption Found Not Created, IAS_I-5674-001.
Failure to Establish Adequate Standards —
Claim of Examined & Rejected, IAS_I-5675-001.
Practical Limit to Requisite Specificity Discussed, IAS_I-5676-003.
Failure to Establish Adequate Standards, IAS_I-5677-013.
General Applicability — Requirement For Discussed, IAS_I-5678-002.
Has Force & Effect of Statute, IAS_I-5679-001.
Incorporation of Federal Rules By Reference, IAS_I-5680-001.
Incorporation of Other Material By Reference —
Changes To After Initiation of Rulemaking, IAS_I-5681-001.
Discussed, IAS_I-5682-001.
Matters Outside Scope of Petition Challenging Cannot Be Reached, IAS_I-5683-001.
Moratorium — Status of Examined, IAS_I-5684-001.
Not Rendered Invalid By Previous Failure to Enforce, IAS_I-5685-001.
Oral Communication Found Not to Constitute, IAS_I-5686-001.
Portion of a Rule Can Be Declared Invalid, IAS_I-5687-002.
Presumption of Validity Increases Over Time, IAS_I-5688-001.
Presumption of Validity, IAS_I-5689-003.
Rational Basis Test Exhaustively Explored, IAS_I-5690-001.
Repeal Along With Repeal of Enabling Statute, IAS_I-5691-001.
Repeal of Found to Be Invalid, IAS_I-5692-001.
Special Deference to Agency’s Technical Expertise, IAS_I-5693-001.
Standing (See Standing)
Status of a “Moratorium” As, IAS_I-5694-001.
Statutory Definition of Examined, IAS_I-5695-001.
Two Different Rules On Same Subject —
Circuit Court Invalidation Reversed, IAS_I-5696-001.
Rulemaking —
§120.54(5) Petition to Initiate —
Agency Has Discretion to Reject, IAS_I-5697-003.
Agency Need Not Make Formal Fact Finding or Conclusions of Law In Disposing of, IAS_I-5698-003.
Denial of Affirmed On Appeal, IAS_I-5699-001.
Denial of Reversed On Appeal, IAS_I-5700-001.
Denial of, IAS_I-5701-001.
Rulemaking Authority (See Also STATUTES) —
Agencies Have Wide Discretion In Exercising — Especially Within Academia, IAS_I-5702-001.
Agencies Have Wide Discretion In Exercising, IAS_I-5703-017.
Amendment of Statute Does Not Affect Rules Promulgated Thereunder Per Se, IAS_I-5704-001.
Boundary Between Statutory Implementation and Statutory Abrogation, IAS_I-5705-001.
Deference to Is Not Absolute, IAS_I-5706-001.
Determination of Discussed, IAS_I-5707-001.
General Grant of — Inherent Limitations, IAS_I-5708-001.
May Be Implied to Properly Implement a Statute, IAS_I-5709-003.
No Agency Has Inherent Rulemaking Authority, IAS_I-5710-002.
Repeal of Statute Automatically Nullifies Rules Promulgated Thereunder, IAS_I-5711-001.
Statutorily-Created Agencies Are Without Inherent Authority, IAS_I-5712-004.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Agency Withdrawal of Reliance On a Rule Found to Vitiate, IAS_I-5713-001.
Appellate Review Unavailable If Standing Improperly Accorded Below, IAS_I-5714-001.
Associations —
Professional — Exhaustively Explored, IAS_I-5715-002.
Professional — Found Lacking, IAS_I-5716-001.
Professional, IAS_I-5717-001.
Three (3) Part Test For, IAS_I-5718-006.
Two-Prong Test, IAS_I-5719-002.
Challenge to Portion of Rule — Entire Rule Can Be Challenged, IAS_I-5720-001.
Challenged Rule Need Not Directly Regulate Petitioner’s Profession — Engineer — DEP Rule, IAS_I-5721-002.
DOAH Dismissal For Lack of Renders All Other Issues Moot, IAS_I-5722-001.
DPR — Optometrists vs. Ophthalmologists, IAS_I-5723-001.
Different From That For Licensing Proceeding, IAS_I-5724-004.
Economic Interest Can Be Sufficient For, IAS_I-5725-004.
Economic Interests Found Outside of the Zone of Interest, IAS_I-5726-001.
Educational Institution — Accreditation Standards — Professional Board, IAS_I-5727-001.
Injury-In-Fact Discussed, IAS_I-5728-006.
None to Challenge Rule Which Does Not Apply, IAS_I-5729-001.
Petitioner Has Burden of Proof Regarding, IAS_I-5730-001.
Prison Inmates — Abolished By Statute, IAS_I-5731-001.
Successor-In-Interest, IAS_I-5732-002.
Two-Prong Test, IAS_I-5733-016.
Zone of Interest Defined & Discussed, IAS_I-5734-003.
Statute (See Also STATUTES) —
Permissible Interpretation By Rule Must Be Upheld, IAS_I-5735-001.
Unpromulgated Rule (See Also Rule) —
§120.535 & §120.57(1)(b)(15) — Interrelationship Between Examined, IAS_I-5736-001.
§120.535 — Feasible & Practicable Defined, IAS_I-5737-001.
§120.535 — Repeal — Replacement Provisions Found “Substantially Similar … In Most Respects”, IAS_I-5738-001.
§120.535 Cannot Be Used to Assail a Nonrule Policy As Applied, IAS_I-5739-001.
§120.535 Clearly Provides That Rulemaking Is No Longer Discretionary, IAS_I-5740-002.
§120.535 Exhaustively Explored, IAS_I-5741-001.
§120.535 Is the Exclusive Mechanism For Assailing Allegedly Unpromulgated Rules, IAS_I-5742-004.
§120.535 Not Utilized — §120.56 Proceeding, IAS_I-5743-002.
§120.535 Prohibition On Examined, IAS_I-5744-003.
§120.57(1)(b)(15) Challenge Is Subject to Appellate Review — §120.68(15) Inapplicable, IAS_I-5745-001.
§120.57(1)(b)(15) Exhaustively Explored, IAS_I-5746-001.
Agency Reliance On Found Justified, IAS_I-5747-001.
Appellate Review (See Also APPELLATE REVIEW) —
Direct Review By Circuit Court, IAS_I-5748-001.
Direct Review (See Also Direct Review)
Banking & Finance — Div. of Banking —
Standards Governing Bank Examinations, IAS_I-5749-001.
Banking & Finance — Div. of Finance —
Letter Denying Licensure As Mortgage Lender, IAS_I-5750-001.
Burden of Proof —
On Petitioner By a Preponderance of the Evidence, IAS_I-5751-002.
Circuit Court Declares Dept. of Revenue Assessment Procedure & Audit Training Manual to Be An Unpromulgated Rule, IAS_I-5752-001.
Community Affairs —
1992-93 Funding of Community Development Corporations, IAS_I-5753-001.
Community Affairs — Fla. Housing Finance Agency —
Allocation of Federal Low-Income Housing Tax Credits, IAS_I-5754-001.
Limitation of Contractor’s Percentage Fees, IAS_I-5755-001.
Rulemaking Found to Be Feasible & Practicable, IAS_I-5756-001.
Construction Industry Lic. Bd. —
Licensure — Air Conditioning Duct Cleaners, IAS_I-5757-001.
DBPR (Business & Professional Regulation, Dept. of) (See Land Sales)
DOAH Rejects Agency Claim That Adopted Rules Encompass the Matter At Bar, IAS_I-5758-001.
DEP (Environmental Protection, Dept. of) (See Also DER; DNR) —
Coastal Construction Control Line (CCCL) Regulation, IAS_I-5759-001.
Final Executive Order Found to Constitute, IAS_I-5760-001.
Guidelines For Characterizing Resource Conservation & Recovery Act (RCRA) Violations, IAS_I-5761-001.
Petroleum Product Spill Cleanup — Reimbursement Policy Regarding Factoring & Discounts, IAS_I-5762-001.
Petroleum Product Spill Cleanup Reimbursement — Use of Factoring, IAS_I-5763-001.
Regulation of Discharges From Perimeter Ditches On Rapid Rate Land Application Waste Disposal Systems, IAS_I-5764-001.
Shellfish Harvesting Area — Reclassification of Body D Area In Brevard County, IAS_I-5765-001.
DER (See Also DEP) —
Distinction Between Agricultural Stormwater Discharges & Other Stormwater Discharges Regulated By §373, IAS_I-5766-001.
DNR (Natural Resources, Dept. of) (See Also DEP) —
Amelia Island Rec. Area Information Sheet & Beach Driving Regulations, IAS_I-5767-001.
Dade County —
List of Individuals Approved As Administrative Hearing Officers, IAS_I-5768-001.
Dade County School Bd. —
Vendor Default On Contracts, IAS_I-5769-001.
Defined, IAS_I-5770-002.
Effect Not Agency Appellation Is Controlling, IAS_I-5771-001.
Governor —
Refusal to Renew Notary Public Commission, IAS_I-5772-001.
AFDC — Alleged Internal Policy of Not Following “Binding Judicial Precedent”, IAS_I-5773-001.
AFDC — Child Care Freeze Policy, IAS_I-5774-001.
Disqualification of Unmarried Couples & Homosexuals As Foster Parents, IAS_I-5775-001.
Employee Handbook — Disciplinary Action, IAS_I-5776-001.
Foster Homes For Pregnant Teenagers, IAS_I-5777-001.
Involuntarily Committed Mental Patients, IAS_I-5778-001.
Procedure Governing Medicaid Reimbursement to Nursing Homes, IAS_I-5779-001.
Health Care Administration, Agency For (AHCA) —
Certificate of Need (CON) — Application & Scoring System For Review of Nursing Home Applications, IAS_I-5780-001.
Certificate of Need (CON) — Listing of Capital Projects Preliminarily Denied But At Hearing, IAS_I-5781-001.
Certificate of Need (CON) — Requirement That Hospital Licenses Not Be Consolidated, IAS_I-5782-001.
Certificate of Need (CON) — Rule Need Methodology For Open Heart Surgical Programs, IAS_I-5783-001.
Medicaid — Moratorium On Review of Prepaid Health Plan Contracts, IAS_I-5784-001.
Modifications to Adult Inpatient Cardiac Shared Service Care Arrangements, IAS_I-5785-001.
Insurance —
Proscription of Associations Between Agents & Financial Institutions, IAS_I-5786-001.
Land Sales —
Mobile Home Park — Validity Period of the Prospectus, IAS_I-5787-001.
Yacht Broker — Cancellation of License For Failure to Renew, IAS_I-5788-001.
Land Surveyors —
Minimum Technical Standards, IAS_I-5789-001.
Mere Restatement of Rule Requirements Does Not Constitute, IAS_I-5790-001.
Orlando – Orange County Expressway Authority —
DOAH Invalidation of An Authority Policy Upheld, IAS_I-5791-001.
Standards & Specifications For Road & Bridge Construction, IAS_I-5792-001.
Rules of Procedure, IAS_I-5793-001.
Retirement, Div. of —
Pension Plans — Municipal Firefighters & Police — Qualification For State Funds, IAS_I-5794-001.
Revenue (DOR) —
Assessment Procedure & Audit Training Manual, IAS_I-5795-001.
Documentation Required to Qualify For the Interstate Sales Exemption, IAS_I-5796-001.
Rulemaking Found Not to Be Feasible & Practicable, IAS_I-5797-001.
Rulemaking Found to Be Feasible & Practicable, IAS_I-5798-002.
Standards Governing Determination of, IAS_I-5799-013.
Statement of General Applicability Defined & Discussed, IAS_I-5800-002.
Status As a “Rule” Is the Threshold Question, IAS_I-5801-001.
Status of Policy As An Unpromulgated Rule Does Not Invalidate It, IAS_I-5802-001.
System Within An Agency to Develop Policy Need Not Be Codified As a Rule, IAS_I-5803-001.
Three (3) Part Test For, IAS_I-5804-001.
Transportation (DOT) —
Florida Utility Accommodation Manual, IAS_I-5805-001.
Surplus Property Appraisal Policy, IAS_I-5806-001.
Univ. of South Fla. —
Letter From Vice President to Student Government, IAS_I-5807-001.
Volusia County School Bd. —
Annual Extensions of Contracts For Teachers Denied Tenure, IAS_I-5808-001.
Vagueness (See Also STATUTES) —
Challenge to As Rejected, IAS_I-5809-002.
Defined & Discussed, IAS_I-5810-006.
Proposed Rule Found to Involve, IAS_I-5811-001.
Rule Found Not Vague, IAS_I-5812-005.
Rule Found to Be Vague, IAS_I-5813-006.
Test For Examined, IAS_I-5814-001.
Test For Exhaustively Explored, IAS_I-5815-001.
Validity (§120.54(4)), Proposed Rule (See Also Proposed Rules, Rule) —
Community Affairs —
Approval of Portions of Monroe County Comprehensive Plan, IAS_I-5816-001.
Definition & Regulation of Urban Sprawl, IAS_I-5817-001.
DEP (Environmental Protection, Dept. of) (See Also Internal Improvement Trust Fund, Marine Fisheries Comm.) —
Designation of Wiggins Pass/Cocohatchee River As Outstanding Fla. Waters, IAS_I-5818-001.
Environmental Resource Permitting/Management & Storage of Surface Waters, IAS_I-5819-001.
Guana River Marsh Aquatic Preserve Management Plan Prohibition On Beach Driving In St. Johns County, IAS_I-5820-001.
Outstanding Fla. Waters Designation For Wiggins Pass/Cocohatchee River, IAS_I-5821-001.
Definition & Regulation of Urban Sprawl, IAS_I-5822-001.
Fla. State Univ. (FSU) —
Exclusion of Curricula From the Definition of a Rule, IAS_I-5823-001.
Game & Fresh Water Fish —
Collection of Alligator Eggs & Hatchlings From Wild, IAS_I-5824-001.
HRS (Health & Rehabilitative Services, Dept. of) —
Establishment of Uniform Standards Under Fla. Indoor Clean Air Act Regarding Regulation of Indoor Smoking, IAS_I-5825-001.
Health Care Administration, Agency For (AHCA) —
Certificate of Need (CON) — Application — Audited Financial Statements, IAS_I-5826-001.
Certificate of Need (CON) — Requirement That Hospital Licenses Not Be Consolidated, IAS_I-5827-001.
Home Health Care Services Defined — Affirmed, IAS_I-5828-001.
Medicaid — Criteria For Reimbursement of Health & Community Based Services Provided In a Person’s Home or Homelike Setting, IAS_I-5829-001.
Medicaid — Forms For Evaluation & Rating of Nursing Homes, IAS_I-5830-001.
Medicaid — Home Health Care — Definition of “Homebound”, IAS_I-5831-001.
Highway Safety & Motor Vehicles (HSMV) —
Establishment of Additional Motor Vehicle Dealer Franchises, IAS_I-5832-001.
Insurance —
Amendment of Fla. Property & Casualty Joint Underwriting Assoc. Coverage — Commercial/Residential, IAS_I-5833-001.
Company — Notice to Insured of Right to Benefits After An Auto Accident, IAS_I-5834-001.
Financial Institution Advertising & Endorsement of Insurance Products (Annuities), IAS_I-5835-001.
Financial Institution Commission Sharing or Association With Insurance Agent, IAS_I-5836-001.
Financial Institution Physical Separation Between Banking & Sale of Annuities, IAS_I-5837-001.
Gross & Net Premiums — Calculation of — Adjustment Factors — Definition of Line of Business, IAS_I-5838-001.
Policies — Cancellation of, IAS_I-5839-001.
Public Hearings On Certain Insurer Rate Filings, IAS_I-5840-001.
Utilization of Informal Conferences, IAS_I-5841-001.
Internal Improvement Trust Fund —
Docks In Aquatic Preserves — DOAH Dismissal Reversed, IAS_I-5842-001.
Labor & Employment Security — Workers’ Compensation —
Div. of Safety — Workplace Safety Committees, IAS_I-5843-001.
Div. of Safety Review of Employer Safety Programs, IAS_I-5844-001.
Implementation of Impairment Rating, IAS_I-5845-001.
Training & Certification Program For Health Care Providers, IAS_I-5846-001.
Legal Affairs —
Transfer of Controlled Substances Between Schedules — ROHYPNOL, IAS_I-5847-001.
Loxahatchee River Environmental Control Dist. —
Stormwater Management & River Enhancement Program, IAS_I-5848-001.
Marine Fisheries Comm. (MFC) —
Challenge Dismissed As Premature, IAS_I-5849-001.
Prohibition On Use of Gill or Entangling Nets, etc., IAS_I-5850-001.
Restrictions On Harvest of Black Mullet, IAS_I-5851-001.
Medicine —
Limit On Retake of FLEX Exam, IAS_I-5852-001.
Nursing —
Approval of Continuing Education Programs, IAS_I-5853-001.
Optometry —
Release of Prescriptions — Patient Authorization — Qualifications of Support Personnel — Chain Store Protest, IAS_I-5854-001.
Public Service Comm. (PSC) —
Accounting Treatment of Regulated Utility Employee Post-Retirement Benefits Other Than Pensions, IAS_I-5855-001.
Revenue, Dept. of (DOR) —
Clarification of Sales Tax Exemption — Lease or License of Real Property — Airports/Malls/Nursing Homes, IAS_I-5856-001.
Insurance Policy Surcharge, IAS_I-5857-001.
Mobile Homes Permanently Affixed to Land, IAS_I-5858-001.
Property Taxes On Mobile Homes, IAS_I-5859-001.
Reassessment of Homestead Properties For Ad Valorem Tax Purposes — Implementation of Constitutional Amendment, IAS_I-5860-001.
S.W. Fla. Water Management Dist. —
Environmental Resource Permitting/Management & Storage of Surface Water, IAS_I-5861-001.
Exemption From Permitting Requirements, IAS_I-5862-001.
So. Fla. Water Management Dist. —
Environmental Resource Permitting/Management & Storage of Surface Water, IAS_I-5863-001.
St. Johns River Water Management Dist. —
Environmental Resource Permitting/Management & Storage of Surface Water, IAS_I-5864-001.
Reservation of Water From Use For Paynes Prairie State Preserve, IAS_I-5865-002.
Standards Governing Challenges Discussed, IAS_I-5866-024.
Suwannee River Water Management Dist. —
Environmental Resource Permitting/Management & Storage of Surface Water, IAS_I-5867-001.
Transportation, Dept. of (DOT) —
Guidelines Governing Access Management of Private Driveways Connecting to State Highways, IAS_I-5868-001.
Validity (§120.56), Adopted Rule (See Also Rule, Unpromulgated Rule) —
Bd. of Trustees of Internal Improvement Trust Fund —
Prohibition on Docks Greater Than a Prescribed Length, IAS_I-5869-001.
Business & Professional Regulation, Dept. of (DBPR) —
Land Sales — Condominium — Transfer of Control of Association, IAS_I-5870-001.
Pari-Mutuel Wagering — Continuation of Regulatory Scheme After Sunset of Governing Statute — Reversed, IAS_I-5871-001.
Pari-Mutuel Wagering — Continuation of Regulatory Scheme After Sunset of Governing Statute, IAS_I-5872-001.
Chiropractic —
Definition of Key Statutory Terms Utilized By Peer Review Committee, IAS_I-5873-001.
Community Affairs —
1993 Fla. Energy Efficiency Code For Building Construction, IAS_I-5874-001.
Adoption of 1993 Florida Energy Efficiency Code For Building Construction, IAS_I-5875-001.
Construction Industry Lic. Bd. —
Restitution to Subcontractor & Materialmen, IAS_I-5876-001.
Corrections —
Inmate Access to Legal Documents While In Disciplinary Confinement, IAS_I-5877-001.
Criminal Justice Standards & Training Comm. —
Good Moral Character — Definition of, IAS_I-5878-001.
DEP (Environmental Protection, Dept. of) (See Bd. of Trustees, DNR) —
Abandoned Tank Restoration Program (ATRP) — Eligibility Requirements, IAS_I-5879-001.
Coastal Construction Control Line (CCCL) Regulation, IAS_I-5880-001.
Criteria For Determining State Waters In Which Motorboat Speed Can Be Regulated to Protect Manatees, IAS_I-5881-001.
Motorboat Speed Limit For Protection of Manatees — Affirmed, IAS_I-5882-001.
Motorboat Speed Limit For Protection of Manatees, IAS_I-5883-001.
Petroleum Product Spill Cleanup Reimbursement — Use of Factoring, IAS_I-5884-001.
Regulation of Discharges From Perimeter Ditches On Rapid Rate Land Application Waste Disposal Systems, IAS_I-5885-001.
DNR (Natural Resources, Dept. of) —
Amelia Island Rec. Area Information Sheet & Beach Driving Regulations, IAS_I-5886-001.
Fuel Terminal Facilities — Certification Requirements, IAS_I-5887-001.
Dade County School Bd. —
Finger-Printing of Non-Instructional Employees, IAS_I-5888-001.
Vendor Default On Contracts, IAS_I-5889-001.
Ethics Comm. —
Attorney’s Fees & Costs Awards Against Claimants, IAS_I-5890-001.
Florida Keys Aqueduct Authority —
Cross-Connection Control & Back-Flow Prevention Policy, IAS_I-5891-001.
Impact Fees For Water Systems, IAS_I-5892-001.
Florida State University — (FSU)
Academic Matters, IAS_I-5893-001.
HRS (Health & Rehabilitative Services, Dept. of) —
AFDC — Payment Standards — Size of Assistance Group — Purchased Shelter Obligation, IAS_I-5894-001.
Alcohol Breath Testing Equipment, IAS_I-5895-001.
Breath Testing Procedures For Blood Alcohol Levels of Drivers, IAS_I-5896-001.
Form For State-Approved Trauma Care Center, IAS_I-5897-001.
Foster Homes For Pregnant Teenagers, IAS_I-5898-001.
Septic Tanks — Variance — “Excessive” Hardship — “Minor” Deviation, IAS_I-5899-001.
Standards For Determining Discussed, IAS_I-5900-001.
Health Care Administration, Agency For (AHCA) —
Certificate of Need (CON) — Cardiac Catheterization Rule Need Methodology, IAS_I-5901-001.
Highway Safety & Motor Vehicles (HSMV) —
Establishment of Additional Motor Vehicle Dealer Franchises, IAS_I-5902-001.
Labor & Employment Security —
Workers Compensation — Uniform Disability Rating Guide, IAS_I-5903-001.
Management Services —
Certification of Minority Business Enterprises, IAS_I-5904-001.
Medicine —
Sexual Relationships With Patients, IAS_I-5905-001.
Surgical Care Standards, IAS_I-5906-001.
Medicine — Dietetics & Nutrition Practice Council —
Scientific Validation of Dietary Methodology, IAS_I-5907-001.
Optometry —
Authority of Unlicensed Supervised Personnel, IAS_I-5908-001.
Release of Prescriptions — Patient Authorization — Qualifications of Support Personnel — Chain Store Protest, IAS_I-5909-001.
Psychological Examiners —
Licensure Application — Requirement That All Education Be Completed Before Clinical Experience Counts, IAS_I-5910-001.
Public Service Comm. —
Rules of Procedure, IAS_I-5911-001.
Regents —
Authority of University Presidents to Authorize Student Fees For Public Interest Research Groups, IAS_I-5912-001.
State University System — Negative Checkoff — Student Donations — Public Interest Research Group, IAS_I-5913-001.
Revenue, Dept. of (DOR) —
Documentary Stamp Tax — Definition of Consideration, IAS_I-5914-001.
Standards For Determining Discussed, IAS_I-5915-022.
Transportation, Dept. of (DOT) —
Florida Utility Accommodation Manual, IAS_I-5916-001.
Validity (§120.56), Emergency Rule Emergency Rule (See Also Emergency Rule) —
Business & Professional Regulation, Dept. of (DBPR) —
Pari-Mutuel Wagering — Continuation of Regulatory Scheme After Sunset of Governing Statute, IAS_I-5917-001.
Insurance —
Moratorium On Cancellation of Personal Lines Property Insurance On the Basis of Hurricane Risk, IAS_I-5918-001.
Moratorium On Cancellation or Non-Renewal of Property Casualty Policies, IAS_I-5919-001.
Standards for Determining Discussed, IAS_I-5920-001.


Local Comprehensive Plan —
Constitutional Challenge to §163 Found Not to Be Moot, IAS_I-5921-001.


Ad Valorem Tax —
Circuit Court Holding That Municipal Property Leased to Private Party Is Exempt Reversed, IAS_I-5922-001.



§120.54(5) Petition to Initiate Rulemaking —
Denial of Affirmed, IAS_I-5923-001.
Accounts Payable Department Supervisor —
Authority to Verify the Validity of An Outstanding Invoice, IAS_I-5924-001.
Ad Valorem Taxation (See Also TAXATION) —
§236.25(1) Limitation On Power to Levy Non-Voted Discretionary Millage Found Constitutional, IAS_I-5925-001.
Alachua County —
Celebration of Halloween Found Not to Violate Establishment Clause of U.S. Constitution, IAS_I-5926-001.
Denial of §120.54(5) Petition For Rulemaking Affirmed, IAS_I-5927-001.
Meeting In Orlando Found In Violation of Sunshine Law, IAS_I-5928-001.
Allocation From Fla. Education Finance Program —
Classroom Incentive Program Proviso In 1995-96 Appropriation Found Unconstitutional, IAS_I-5929-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Successful Citizen Sunshine Law (§286) Suit —
§286 Language Does Not Supersede Fla. R. App. Procedure, IAS_I-5930-001.
Appellate Attorney’s Fees Award Requires Appropriate Separate Motion, IAS_I-5931-001.
Authority of Non-Profit Corporation to Conduct Charitable Raffle, IAS_I-5932-001.
Broward County —
Dismissal of Teacher —
Increased Penalty Over DOAH Recommendation Reversed, IAS_I-5933-001.
Budgeting of Operating Expenses For DOAH Hearings Examined —
Hourly As Opposed to Lump-Sum Budgeting Appropriation For School Boards Upheld, IAS_I-5934-001.
Contract Staff Members —
Custodian —
Collective Bargaining Agreement Is Germane to Disciplinary Action, IAS_I-5935-001.
Disciplinary Action Found Violative of Collective Bargaining Agreement, IAS_I-5936-001.
Discreet Sexual Encounter With Girlfriend On School Premises After Hours, IAS_I-5937-001.
Lack of Protected Property Interest In Job Does Not Mean Unjust Termination Is Permissible, IAS_I-5938-001.
Ultimate Decision Regarding Termination Cannot Be Delegated to An Arbitrator, IAS_I-5939-001.
Finger-Printing Upon Application or Employment, IAS_I-5940-001.
Terminal Pay — Validity of Methodology For Calculation of, IAS_I-5941-001.
Contract Teacher —
Absence of Objective Standards of Conduct In §231.36 Lamented By Court, IAS_I-5942-001.
Burden of Proof — Termination Proceeding —
Preponderance of the Evidence, IAS_I-5943-003.
Testimony of Students Is Competent Substantial Evidence, IAS_I-5944-001.
Circuit Court Order of Reinstatement Reversed As In Conflict With Parallel EPC Case, IAS_I-5945-001.
Consolidation of Case With Parallel EPC Action Against License Denied, IAS_I-5946-001.
Continuing Contracts Discussed, IAS_I-5947-001.
False Statements On Licensure Application —
Board Rejection of Recommended Fact Findings Reversed, IAS_I-5948-001.
False Statements on Employment Application —
Criminal History, IAS_I-5949-001.
Increased Penalty Over DOAH Recommendation Affirmed, IAS_I-5950-001.
Increased Penalty Over DOAH Recommendation Reversed, IAS_I-5951-001.
Misconduct —
Alleged Verbal Heterosexual Harassment of Students, IAS_I-5952-001.
Heterosexual Contact With & Comments to Students, IAS_I-5953-001.
Reducing Effectiveness, IAS_I-5954-002.
Sexual — Undercover Law Enforcement — Bd. Rejection of DOAH Recommendeded Reinstatement Reversed, IAS_I-5955-001.
Misconduct — Personal Representative Successfully Assails Dismissal of Deceased Employee, IAS_I-5956-001.
Misconduct Reducing Effectiveness —
Impaired Effectiveness Found Not Proven, IAS_I-5957-001.
Status of Principal Evaluations Collected By Teacher’s Union As a Public Record, IAS_I-5958-001.
Suspension From Position —
Burden of Proof — Preponderance of the Evidence, IAS_I-5959-001.
Not Probative In Parallel Action Against Teaching Certificate, IAS_I-5960-001.
Dade County —
Discipline of Employee Found Violative of Collective Bargaining Agreement, IAS_I-5961-001.
Dismissal of Custodian —
Discreet Sexual Encounter With Girlfriend On School Premises After Hours, IAS_I-5962-001.
Dismissal of Teacher —
Increase In DOAH Recommended Penalty Upheld, IAS_I-5963-001.
Improper Rejection of Hearing Officer Fact Findings Reversed, IAS_I-5964-001.
Increase In DOAH Recommended Penalty Affirmed, IAS_I-5965-001.
Power to Expand Special Security Officers’ Powers of Arrest to Off-School Activities, IAS_I-5966-001.
Duval County —
Circuit Court Order to Reinstate Guidance Counselor Reversed, IAS_I-5967-001.
Expenditure of Funds Appropriated to Categorical Programs For Instructional Material & Transportation —
Certain Proviso Language Stricken, IAS_I-5968-001.
Gadsden County —
Termination of Custodian Determined to Be Unwarranted — Refusal to Reinstate Reversed, IAS_I-5969-001.
Highlands County —
Termination of Teacher Over Contrary DOAH Recommendation Reversed, IAS_I-5970-001.
Leon County —
Termination of Teacher For Racial Slurs & Sexual Harassment Affirmed, IAS_I-5971-001.
Level of Public School Funding —
Constitutional Challenge to As Inadequate Rejected, IAS_I-5972-001.
Lottery Proceeds — Legislature Has the Exclusive Authority to Determine the Ultimate Disposition of, IAS_I-5973-001.
Marion County —
Suspension of Teacher Affirmed, IAS_I-5974-001.
Monroe County —
Proposed Development Found Subject to Fla. Land & Water Adjudicatory Comm. Jurisdiction, IAS_I-5975-001.
Termination of Employee Affirmed, IAS_I-5976-001.
Nassau County —
Suspension of Teacher Affirmed —
Alleged Heterosexual Contact With and Comments to Students, IAS_I-5977-001.
Suspension of Teacher Reversed, IAS_I-5978-001.
Nonpublic Schools —
Absence of Regulations Regarding Curriculum, Program Development, Etc. Noted, IAS_I-5979-001.
There Are No Age Restrictions, IAS_I-5980-001.
Orange County —
Challenge to Educational Placement of An Emotionally Handicapped Son, IAS_I-5981-001.
Pinellas County —
Termination of Teacher Over Contrary DOAH Recommendation Reversed —
Sexual Misconduct — Undercover Law Enforcement, IAS_I-5982-001.
Sarasota County —
§236.25(1) Limitation On Power to Levy Non-Voted Discretionary Millage Found Constitutional, IAS_I-5983-001.
Failure to Fund Teachers’ Collective Bargaining Agreement, IAS_I-5984-001.
School Board —
Broad Home Rule Powers, IAS_I-5985-001.
Home Rule Powers of Examined, IAS_I-5986-001.
Home Rule Powers Give Way to Duly Enacted State Statutes, IAS_I-5987-001.
School Board Members —
County Officers — Status As, IAS_I-5988-001.
Governor’s Power to Suspend Exhaustively Explored, IAS_I-5989-001.
Seminole County —
Court Orders Stay During Contested Bid Protest Proceeding, IAS_I-5990-001.
Initiation of Proceeding Against Habitual Truant As Child “In Need of Services”, IAS_I-5991-001.
Special School Security Officers —
Bd. Power to Expand Powers of Arrest to Reach Off-School Activities, IAS_I-5992-001.
Staff Appointments —
Authority of Bd. to Waive Pertinent Time Limits, IAS_I-5993-001.
Student —
Determination of Status As Child In Need of Services — Habitual Truant — HRS Does Not Have Exclusive Authority, IAS_I-5994-001.
Expulsion Hearings Exemption From Sunshine Law, IAS_I-5995-001.
Sumter County —
Personal Representative Assails Dismissal of Deceased Employee, IAS_I-5996-001.



Orimulsion Project — F.P.& L Manatee Power Plant —
Authorization to Burn Orimulsion Denied, IAS_I-5997-001.
Orimulsion — Constituents & Ramifications of Utilization Examined, IAS_I-5998-001.
Profits “Do Not Outweigh People”, IAS_I-5999-001.
Spills — Questions Regarding Handling of, IAS_I-6000-001.
Traffic Impacts Noted, IAS_I-6001-001.
Power Plant Siting Application —
Seminole Elec. Coop. — Hardee Unit 3, IAS_I-6002-001.


Emergency Authorization For Rescue & Salvage Operations In the Fla. Everglades, IAS_I-6003-001.
Employee —
Termination of For Various Misconduct, IAS_I-6004-001.
Notice of Violation/Order For Corrective Action —
Unauthorized Use of District Right-Of-Way, IAS_I-6005-005.
Permit —
Consumptive Use —
Economic Injury to Third Party — Circuit Court Jurisdiction Noted, IAS_I-6006-001.
Municipal Public Water System — Third Party Protest Dismissed For Lack of Standing, IAS_I-6007-001.
Purpose of — Water Supply — Not Economic Considerations, IAS_I-6008-001.
Third Party Protest — Competitive Economic Considerations Not Cognizable Under §373, IAS_I-6009-001.
Denial of Petition For Hearing As Premature Affirmed, IAS_I-6010-001.
Jurisdiction —
None to Evaluate Associated Injection Wells, IAS_I-6011-001.
Surface Water Management System —
Denial of Third Party Protest to Modification Reversed, IAS_I-6012-001.
Dry Retention System Discussed, IAS_I-6013-001.
Modification — Activation of Farm Fields Located In Swamp & Lake Drainage Basin, IAS_I-6014-001.
Premature Construction Without Permit, IAS_I-6015-001.
U.S. Navy Housing Facility In Key West, IAS_I-6016-001.


§373.443 Found Not to Immunize District From Civil Negligence Suits Regarding Operational-Level Activities, IAS_I-6017-001.
Circuit Court Injunction Requiring Restoration of Wetland Affirmed, IAS_I-6018-001.
Jurisdiction —
Responsibility to Protect Public Interest Examined, IAS_I-6019-001.
Permit —
Consumptive Use —
Emergency Restriction On Withdrawal of Ground Water For Public Water System Vacated, IAS_I-6020-001.
Intervenor Voluntary Dismissal of Protest Post-Hearing Does Not Divest Comm. Jurisdiction, IAS_I-6021-001.
Surface Water Management System —
Intervenor Voluntary Dismissal After Hearing But Before Final Order Does Not Divest Dist. Jurisdiction, IAS_I-6022-001.
Refusal to Enter Final Order After Post-Hearing Third Party Intervenor Voluntary Dismissal Reversed, IAS_I-6023-001.


Beach Driving —
Legislative History Regarding Examined, IAS_I-6024-001.


Jurisdiction —
None to Consider or Enforce Regulations of Other Agencies, IAS_I-6025-001.
None to Establish Nutrient Budget For Lake Apopka, IAS_I-6026-002.
Surface Water Management System — Explored, IAS_I-6027-001.
Permit —
Consumptive Use —
Appellate Court Finds Affirmative Duty to Establish Minimum Flows & Levels, IAS_I-6028-001.
Circuit Court Suit Seeking to Compel Establishment of Minimum Water Flows — Dismissal Reversed, IAS_I-6029-001.
Purpose of §373 Examined, IAS_I-6030-001.
Surface Water Management System —
Pre-Development Conditions Discussed, IAS_I-6031-001.
Residential Development & Golf Course — Dike System — Third Party Protest, IAS_I-6032-001.

STATE, Dept. of

Cease & Desist Order — Operation of Game Promotion, IAS_I-6033-001.
Div. of Elections —
Circuit Court Nonfinal Order Enjoining Television Ad As Exceeding Spending Limit —
First Amendment Rights Prevail Over Campaign Finance Statute, IAS_I-6034-001.
Reversed, IAS_I-6035-001.
Denial of Request For Hearing Reversed, IAS_I-6036-001.
Jim Smith’s Switch From Governor’s to Commissioner of Agriculture Race —
Doubts About Qualifications of a Candidate to Be Resolved In Favor of the Candidate, IAS_I-6037-001.
Expenditures Made In Governor’s Race Not Counted Against Agriculture Race, IAS_I-6038-001.
Simultaneous Qualification For More Than One Office Is Prohibited — Sequential Qualification Is Not, IAS_I-6039-001.
Switch Is Not Prohibited & Is In Fact Expressly Authorized By Statute, IAS_I-6040-001.
Statutes Construed In Favor of Providing a Free & Competitive Election, IAS_I-6041-001.
Employee (See Also PUBLIC EMPLOYEES) —
Erroneous Overtime Payment Ordered Recouped By Dept. of Banking & Finance, IAS_I-6042-001.
Firearms Training Instructor —
Reconsideration of Penalty Ordered After Reversal of One of Two Violations, IAS_I-6043-001.
License —
Attorney’s Fees & Costs Denied, IAS_I-6044-001.
Class A Private Investigative Agency —
Aiding & Abetting Unlicensed Personnel, IAS_I-6045-001.
Failure to Cooperate With Div. Investigation, IAS_I-6046-001.
Failure to File Requisite Report, IAS_I-6047-001.
Fraudulent Conduct, IAS_I-6048-001.
Operating Without a License, IAS_I-6049-001.
Class A Private Investigator —
Carrying a Concealed Firearm, IAS_I-6050-001.
Conduct Outside Client’s Direction Nonetheless Subject to Discipline, IAS_I-6051-001.
Consumer Credit Reporting Agency — Exemption Found Applicable, IAS_I-6052-001.
Defined, IAS_I-6053-001.
Fraudulent Conduct, IAS_I-6054-001.
Invoicing of Investigative Services Prior to Licensure Is Direct Evidence of Operating Without a License, IAS_I-6055-001.
Operating Without a License, IAS_I-6056-001.
Status of Public Records Search Firm Examined, IAS_I-6057-001.
Class C Private Investigator —
Carrying a Concealed Firearm, IAS_I-6058-001.
Conduct Outside Client’s Direction Subject to Discipline, IAS_I-6059-001.
Conducting Private Investigation Through Computerized Public Records Subject to §493, IAS_I-6060-001.
Defined, IAS_I-6061-001.
Employee/Independent Contractor Distinction Examined, IAS_I-6062-001.
Employment of Former Sheriff As Expert Witness Does Not Constitute, IAS_I-6063-001.
Fraudulent Conduct, IAS_I-6064-003.
Impersonating a Law Enforcement Officer, IAS_I-6065-001.
Intentional Interception of Oral Communications Without Proper Notice, IAS_I-6066-001.
License Is Not a Vested Property Right, IAS_I-6067-001.
Retroactive Application of Statute — Felony Conviction As Bar to Licensure, IAS_I-6068-001.
Statutory Definition of Examined, IAS_I-6069-001.
Class D Guard —
Abandonment of Post, IAS_I-6070-001.
Criminal Plea, IAS_I-6071-001.
Escort For Funeral Motorcades Do Not Require, IAS_I-6072-001.
Failure to Cooperate With Dept. Investigation, IAS_I-6073-001.
Failure to Provide Requisite I.D. & Uniform, IAS_I-6074-001.
False Statements On Licensure Application, IAS_I-6075-001.
Leaving An Assigned Post to Chase Suspected Thieves, IAS_I-6076-001.
Misconduct — Falling Asleep On Job, IAS_I-6077-001.
Misconduct In Regulated Activities Defined & Discussed, IAS_I-6078-002.
Misconduct In Regulated Activities, IAS_I-6079-002.
Operating With Expired License, IAS_I-6080-001.
Operating Without a License, IAS_I-6081-002.
Class DI Security Guard Instructor —
Failure to Provide Appropriate Level of Instruction 3972-3975.
False Statements On Licensure Application, IAS_I-6082-001.
Class E Repossessor —
Recovery Agency Defined & Discussed, IAS_I-6083-001.
Repossession Defined & Discussed, IAS_I-6084-001.
Class G Gun Permit —
False Statements On Licensure Application, IAS_I-6085-001.
Misconduct In Regulated Activities, IAS_I-6086-002.
Operating Without, IAS_I-6087-001.
Class W Concealed Gun Permit —
Criminal Conviction, IAS_I-6088-001.
Consumer Credit Reporting Agency —
Statutory Definition of Examined, IAS_I-6089-001.
Proprietary Security Officer —
Carrying a Concealed Firearm, IAS_I-6090-001.
Fraudulent Conduct, IAS_I-6091-001.
Repossessor —
Failure to Give Requisite Notice, IAS_I-6092-001.
Failure to Keep Requisite Written Records, IAS_I-6093-001.
Failure to Retreat In Face of Physical Objection Discussed, IAS_I-6094-001.
Fraudulent Conduct, IAS_I-6095-001.
Locating a Vehicle Alone Found to Constitute 769-773.
Operating Without a License, IAS_I-6096-002.
Repossession Defined & Discussed, IAS_I-6097-001.
Skiptracing Is Part of the Regulated Activity of Repossession, IAS_I-6098-001.
Licensure —
Class D Guard —
Commission of Act of Violence Against Another, IAS_I-6099-001.
Criminal Charge, IAS_I-6100-001.
Law Enforcement Officer Exemption From Licensure, IAS_I-6101-001.
Licensure Found Required For Escort For Funeral Services, IAS_I-6102-001.
Security Guard & Officer Defined, IAS_I-6103-001.
Violent Act Against Another, IAS_I-6104-001.
Class G Gun Permit —
Commission of Act of Violence Against Another, IAS_I-6105-001.
Criminal Conviction — Violence Not Involved, IAS_I-6106-001.
Concealed Weapon —
Criminal Plea, IAS_I-6107-001.
Private Investigator —
Criminal Record — Character References Insufficient to Overcome, IAS_I-6108-001.
Lack of Good Moral Character Defined & Discussed, IAS_I-6109-001.
Lack of Good Moral Character Must Be Established By Clear & Convincing Evidence, IAS_I-6110-001.
Promotional Sweepstakes —
Failure to Properly Register, IAS_I-6111-001.
Multiple Promotions Cannot Be Operated Under a Single Registration, IAS_I-6112-001.


A Statute Is Deemed Passed When Transmitted to the Governor, IAS_I-6113-001.
Amendment (See Also Applicability, Construction) —
Agency Has No Duty to Place Regulated Persons On Notice of, IAS_I-6114-002.
Appropriation Bills Cannot Accomplish, IAS_I-6115-001.
By Implication — Disfavored, IAS_I-6116-001.
Not Implemented Until New Rules Are Promulgated, IAS_I-6117-001.
Appellate Review (See STATUTES)
Applicability (See Also Retroactive Application; RULES & RULEMAKING) —
Amendment —
During Pendency of Licensure Application, IAS_I-6118-001.
During Pendency of Permit Application, IAS_I-6119-002.
Retroactively, IAS_I-6120-001.
Standards Governing Retroactive Application Examined, IAS_I-6121-001.
Law at Time of Appellate Court Review, IAS_I-6122-001.
Law at Time of Final Decision, IAS_I-6123-004.
Presumed to Apply Prospectively – Especially If Interfering With a Contract, IAS_I-6124-001.
Presumed to Apply Prospectively, IAS_I-6125-002.
Citizens Are Imputed Constructive Knowledge of Florida Law, IAS_I-6126-001.
Conflict —
Construction (See Also RULES & RULEMAKING, Construction) —
Agency Construction Entitled to Great Weight, IAS_I-6127-002.
Agency Construction Need Merely Be Within Permissible Range, IAS_I-6128-002.
Statutes Must Be Construed As a Whole, IAS_I-6129-001.
Special Statute Controls Over Conflicting General Statute, IAS_I-6130-001.
Constitutionality (See Also APPELLATE REVIEW, Statutes; CONSTITUTION (Fla.) (U.S.); Vagueness) —
Agencies Cannot Adjudicate, IAS_I-6131-001.
As Applied —
Distinguished From Facial Challenge, IAS_I-6132-001.
Available Constitutional Interpretation Is Obligatory, IAS_I-6133-003.
Facial Constitutionality —
Can Be Raised For First Time On Appeal, IAS_I-6134-001.
Cannot Be Raised By Court Sua Sponte, IAS_I-6135-001.
Distinguished From Challenge to “As Applied”, IAS_I-6136-001.
Exhaustion of Administrative Remedies Doctrine Explored, IAS_I-6137-001.
General Vis Special Laws, IAS_I-6138-001.
Judicial Finding That New Statute Is Unconstitutional Revives the Predecessor Statute, IAS_I-6139-001.
Limitation On Extra-Territorial Application, IAS_I-6140-001.
Presumption of Constitutionality, IAS_I-6141-001.
Single Subject Rule (See Also CONSTITUTION (Fla.), Amendment By Voter Initiative, Statutes) —
Inapplicable to Sections of the Statutes, IAS_I-6142-001.
Purpose of, IAS_I-6143-001.
Requirements For, IAS_I-6144-001.
Construction (See Also CONSTITUTION (Fla.); COUNTY GOVERNMENT, Local Comprehensive Plan; RULES & RULEMAKING) —
Absence of Deadline For Mandatory Action Connotes Allowance of a Reasonable Time, IAS_I-6145-001.
Agency Construction Bolstered If Noticed In Prior Published Opinions, IAS_I-6146-001.
Agency Construction Entitled to Great Weight —
But Is Not Conclusive, IAS_I-6147-003.
Even When Used to Prove Up Nonrule Policy, IAS_I-6148-001.
This Does Not Mean That Any Conceivable Construction Will Be Approved, IAS_I-6149-001.
Agency Construction Entitled to Great Weight, IAS_I-6150-098.
Agency Construction Entitled to Greater Weight After Lengthy Time Period, IAS_I-6151-001.
Agency Construction Need Merely Be Within Permissible Range, IAS_I-6152-010.
Agency Has Affirmative Duty to Construe Operable Statute, IAS_I-6153-001.
Ambiguous Language Given Plain Meaning In Context of the Provision, IAS_I-6154-001.
Ambiguous Terms Are to Be Construed In the Context of Statutory Objectives & Purposes, IAS_I-6155-001.
Amendment (See Also Amendment) —
By Implication Not Favored, IAS_I-6156-001.
Does Not Necessarily Change Meaning — Can Be In Clarification, IAS_I-6157-004.
Overrules Conflicting Previous Interpretations, IAS_I-6158-001.
Analogous Federal Statute (See Also Federal Statute & Caselaw) —
Federal Caselaw Is Generally Applicable, IAS_I-6159-004.
Attorney’s Fees Provisions — In Derogation of Common Law Therefore Strictly Construed, IAS_I-6160-003.
Attorney’s Fees Provisions Are to Be Strictly Construed, IAS_I-6161-001.
Available Constitutional Interpretation Is Obligatory, IAS_I-6162-003.
Common Law — Statutes In Derogation of Are Strictly Construed, IAS_I-6163-005.
Common Law — Statutory Change to Must Be In Explicit Terms, IAS_I-6164-001.
Common Law Found to Provide Starting Point, IAS_I-6165-002.
Conflict —
Apparent Policy Sought to Be Implemented Controls, IAS_I-6166-001.
Most Recent Prevails, IAS_I-6167-005.
Most Specific Controls, IAS_I-6168-004.
Special Statute Controls Over Conflicting General Statute, IAS_I-6169-003.
Various Statutory Goals Which Are Difficult to Harmonize, IAS_I-6170-001.
Constitutional Amendment —
Contemporaneous Statutory Amendment Is Presumed Correct, IAS_I-6171-002.
Courts Cannot Redefine Statutory Terms, IAS_I-6172-001.
Courts Cannot Rewrite Statutes to Fit Overall Scheme, IAS_I-6173-001.
Different Terms In Different Sections Imply Different Meanings, IAS_I-6174-003.
Enactments Are Never Construed to Be a Nullity, IAS_I-6175-001.
Enumeration of Grounds Excludes Those Not Mentioned, IAS_I-6176-002.
Every Word or Phrase Must Be Given Meaning, IAS_I-6177-001.
Exact Words or Phrases In Different Sections Have the Same Meaning, IAS_I-6178-001.
Exemption —
Are to Be Narrowly Construed Against Party Seeking to Utilize, IAS_I-6179-005.
Exceptions Expressly Set Forth — No Others May Be Implied, IAS_I-6180-001.
One Claiming An Exemption Has the Burden of Proving Entitlement to the Same, IAS_I-6181-001.
Public Interest Statute — Narrowly Construed, IAS_I-6182-001.
Requisite Federal Income Tax Exemption Found Lacking, IAS_I-6183-001.
Scientific Organization — Amateur Radio Society — Denied, IAS_I-6184-001.
Strictly Construed Against Taxpayer, IAS_I-6185-004.
Extrinsic Matter Considered Only In Event of Doubts or Conflicts, IAS_I-6186-001.
Federal Statute & Caselaw (See Also Analogous Federal Statutue) —
Agency Construction Entitled to No Special Deference, IAS_I-6187-001.
Found Not to Preempt Analogous Fla. Provision, IAS_I-6188-001.
Found Not to Preempt Parallel State Process, IAS_I-6189-001.
Preemption of Fla. Admin. Rule, IAS_I-6190-001.
General Reference & Specific Reference Statutes Distinguished, IAS_I-6191-001.
General Words Construed to Refer to Enumerated Matters, IAS_I-6192-005.
Grammatical Rules Are Not Conclusive — True Meaning Must Prevail, IAS_I-6193-001.
Implied Power to Ensure Effectuality, IAS_I-6194-001.
Legislative History Immaterial In Construing An Unambiguous Statute, IAS_I-6195-001.
Legislative History Is Pertinent, IAS_I-6196-001.
Legislative Inaction On a Bill Cannot Be Utilized to Ascertain Legislative Intent, IAS_I-6197-001.
Legislative Intent —
Belated Expression Controls Over Conflicting Provision, IAS_I-6198-001.
Can Control Over Strict Letter of the Statute, IAS_I-6199-001.
Court Cannot Supply, IAS_I-6200-001.
DOAH Hearing Officer Must Effectuate, IAS_I-6201-001.
Determined Primarily From the Language of the Statute, IAS_I-6202-003.
Is the Polestar, IAS_I-6203-019.
No Analysis of Necessary If Statutory Language Is Plain & Unambiguous, IAS_I-6204-001.
Legislature Can Provide Directives For Judicial Construction By Statute, IAS_I-6205-001.
Legislature Is Presumed to Have a Working Knowledge of the English Language & Rules of Grammar, IAS_I-6206-001.
Legislature Is Presumed to Know of Existing Caselaw, IAS_I-6207-001.
Legislature Is Presumed to Know of Existing Law, IAS_I-6208-003.
Legislature Is Presumed to Know Rules of Grammar & Meaning of Words, IAS_I-6209-001.
Limitation On Extra-Territorial Application, IAS_I-6210-001.
Literal Meaning Must Be Considered In Context of Purpose of Statute, IAS_I-6211-001.
Literal Meaning Must Yield to Express or Implied Intent, IAS_I-6212-005.
Mention of One Thing Implies Exclusion of Another, IAS_I-6213-009.
Or — Generally Signifies the Disjunctive — Alternatives — But Can Be Conjunctive, IAS_I-6214-001.
Or — Generally Signifies the Disjunctive — Alternatives, IAS_I-6215-005.
Penal Statute (See Also Retroactive Application)
Penal Statutes Are Strictly Construed —
In Favor of Licensee, IAS_I-6216-004.
Penal Statutes Are Strictly Construed, IAS_I-6217-024.
Plain & Unambiguous Language — No Room For Construction, IAS_I-6218-026.
Plain Meaning of Ordinary Words Is Ascertained From the Dictionary, IAS_I-6219-001.
Plain Meaning of Ordinary Words Is the First Consideration, IAS_I-6220-016.
Presumption of Constitutionality, IAS_I-6221-002.
Presumption of Effectuality, IAS_I-6222-006.
Public Protection Liberally Construed, IAS_I-6223-001.
Reenactment of Statutes Judicially Construed Constitutes Legislative Approval, IAS_I-6224-001.
Reenactment Without Amendment Confirms Judicial Interpretation, IAS_I-6225-001.
Related Provisions Construed In Pari Materia, IAS_I-6226-033.
Related Statutes Are Pertinent In Ascertaining Definition of Statutory Terms, IAS_I-6227-001.
Remedial Statutes — Defined, IAS_I-6228-001.
Remedial Statutes Are Liberally Construed, IAS_I-6229-004.
Ridiculous Result Necessarily Erroneous, IAS_I-6230-007.
Rules of Statutory Construction Are Inapplicable to Quasi-Judicial Orders, IAS_I-6231-001.
Rules of Statutory Construction Are to Remove Doubt – Not Create It, IAS_I-6232-002.
Same Terms In Different Sections Imply Different Meanings, IAS_I-6233-001.
Series of Terms Separated By Commas, IAS_I-6234-001.
Shall — Interpretation of Exhaustively Explored, IAS_I-6235-001.
Shall Connotes a Mandatory Requirement, IAS_I-6236-004.
Specific & General Reference Statutes Distinguished, IAS_I-6237-001.
Statutes Must Be Construed As a Whole, IAS_I-6238-008.
Taxing Enactments (See TAXATION, Taxing Enactment)
Undefined Statutory Terms Are Accorded Their Plan & Ordinary Meaning, IAS_I-6239-004.
Words Cannot Be Added, IAS_I-6240-001.
Words of Common Usage Given Plain & Ordinary Meaning, IAS_I-6241-009.
Repeal & Substantial Reenactment —
New Provisions — Effective From Date of Reenacted Statute, IAS_I-6242-001.
Reenacted Provisions Deemed to Have Been In Continuous Operation, IAS_I-6243-001.
Sunset of a Statute Without Simultaneous Reenactment Distinguished From, IAS_I-6244-001.
Sunset of Pari-Mutuel Wagering Statute —
Legal Implications of Explored, IAS_I-6245-001.
Retroactive Application (See Also CONSTITUTION (U.S.), Ex Post Facto Law) —
Amendment to Statute, IAS_I-6246-001.
Court Can Refuse to Retroactively Apply Statute Expressly Providing Therefor If It Finds the Same Improper, IAS_I-6247-001.
General Rule Prohibits, IAS_I-6248-001.
Penal Statute Can Be Applied Retroactively — Private Investigator’s License, IAS_I-6249-001.
Penal Statute Cannot Be Applied Retroactively, IAS_I-6250-004.
Presumption of Prospective Application, IAS_I-6251-001.
Private Contract Can Provide For Retroactive Application, IAS_I-6252-001.
Procedural — Permissible, IAS_I-6253-004.
Procedural — Statute Transferring Jurisdiction, IAS_I-6254-001.
Provisions Governing Public Employment Do Not Constitute, IAS_I-6255-001.
Remedial or Procedural — Permissible, IAS_I-6256-001.
Remedial Statutes —
Can & Should Be Retroactively Applied, IAS_I-6257-005.
License Disciplinary Statutes, IAS_I-6258-001.
Permissible, IAS_I-6259-004.
Repeal of Penal Statute, IAS_I-6260-001.
Status of Affected Rights As Vested Is Material, IAS_I-6261-001.
Statutory Increase In Maximum Fine — Improper, IAS_I-6262-001.
Substantive & Non-Remedial — Applies Prospectively, IAS_I-6263-001.
Substantive — Applies Prospectively, IAS_I-6264-001.
Substantive — Prohibited Absent Express Language, IAS_I-6265-001.
Sunset Repeal After Legislative Impasse —
Impact On Regulatory Power & Existing Rules Examined —
Pari-Mutuel Wagering, IAS_I-6266-001.
Taxing Enactment (See REVENUE, Dept. of, Taxing Enactment)
Vagueness (See Also CONSTITUTION (Fla.), Statutes; RULES & RULEMAKING) —
Penal Provisions, IAS_I-6267-001.
Requisite Definiteness Explored, IAS_I-6268-002.
Requisite Specificity Explored, IAS_I-6269-001.
Standard Governing Determination of Examined, IAS_I-6270-003.
Statute Found Not to Violate Prohibition On, IAS_I-6271-001.
Statute Found to Violate Prohibition On — Supreme Court Reverses, IAS_I-6272-001.
Statute Found to Violate Prohibition On, IAS_I-6273-003.
Test For Examined, IAS_I-6274-001.


SUNSHINE LAW (§286, Fla. Stat.)

Agency Reconsideration of a Case Does Not Violate, IAS_I-6275-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§286 Mandatory Language Does Not Supersede Fla. R. App. Procedure, IAS_I-6276-001.
Broadly Applicable to Every Board or Commission of the State, IAS_I-6277-002.
City Government —
Meeting Between Mayor & Mayor-Elect Not In Office, IAS_I-6278-001.
Constitutional Amendment Has Elevated §286 to Constitutional Proportions, IAS_I-6279-001.
Construction (See Also STATUTES) —
Constitutional Amendment Did Not Change Substantive Meaning, IAS_I-6280-001.
Equally Applicable Regardless of Level of Public Importance Or Amount of Money Involved, IAS_I-6281-001.
Penalty Provisions Noted, IAS_I-6282-001.
To Be Liberally Construed to Effect Its Public Purpose, IAS_I-6283-002.
Exemption —
Attorney-Client Communications, IAS_I-6284-001.
Discuss of Confidential Information Alone At a Meeting Does Not Give Rise to, IAS_I-6285-001.
Narrowly Construed, IAS_I-6286-002.
School Bd. Student Expulsion Hearings, IAS_I-6287-001.
Special District Created By General or Special Law, IAS_I-6288-001.
Florida Entertainment Direct Support Organization —
Circuit Court Summary Judgment Finding No Violation Affirmed, IAS_I-6289-001.
Florida Windstorm Underwriting Assoc. —
Applicability Discussed, IAS_I-6290-001.
Incorporation Into Florida Constitution Noted, IAS_I-6291-001.
Minutes of Meetings — Public Access to Examined, IAS_I-6292-001.
Private Organizations —
Applicability Discussed, IAS_I-6293-001.
Public Meeting —
Attendance & Participation By Telephone Examined, IAS_I-6294-001.
Discussion of Confidential Information At Does Not Exempt Meeting From §286, IAS_I-6295-001.
Failure to Announce Names of Persons Participating In An “Attorney-Client” Session Found to Violate, IAS_I-6296-001.
Governmental Advisory Committees Are Bound By, IAS_I-6297-001.
Propriety of Out-of-Town Meetings Examined, IAS_I-6298-001.
Public Meeting Place Is Not Per Se Sufficient, IAS_I-6299-001.
Reasonable Notice of Is Mandatory, IAS_I-6300-001.
Purpose of Examined, IAS_I-6301-003.
Quality Assurance Program Related to a School-Based Health Insurance Program, IAS_I-6302-001.
Violation of —
Can Be Cured By Remedial Action, IAS_I-6303-002.
Voids Governmental Action Ab Initio, IAS_I-6304-001.


1995 Private Property Rights Protection Act —
Analogous to Waiver of Sovereign Immunity, IAS_I-6305-001.
Property Adjacent to Regulated Property Cannot Recover For Diminution In Value, IAS_I-6306-001.
Strictly Construed In Favor of State, IAS_I-6307-001.
Affirmative Defenses Discussed, IAS_I-6308-001.
Appellate Review (See Also APPELLATE REVIEW) —
Standard of Review Examined, IAS_I-6309-001.
Balancing of Private Property Rights & Public Interest Discussed, IAS_I-6310-001.
Burden of Proof —
Establishment & Effect of Prima Facie Case, IAS_I-6311-001.
Requisite Quantum of Proof Examined, IAS_I-6312-001.
Denial of Building Permit — Monroe County —
Found Not to Constitute, IAS_I-6313-001.
Diminution of Property Value Alone Is Immaterial, IAS_I-6314-001.
Eminent Domain Action Rejected In Circuit Court —
DER Declines to Process Appurtenant Dredge & Fill Permit, IAS_I-6315-001.
Environmentally Sensitive Land For Road Project In Wetlands —
Condemnation Allowed to Precede Requisite Environmental Permitting, IAS_I-6316-001.
Interrelationship Between DER Permitting & Circuit Court Review of Amount of Sensitive Land Which Must Be Condemned, IAS_I-6317-001.
Essential Elements of Explored, IAS_I-6318-001.
Impairment of Property —
Balancing of Private Property Rights vs. Public Interest, IAS_I-6319-001.
Closure of Entrance & Exit Ramps For I-95, IAS_I-6320-001.
Just & Full Compensation —
Condemning Authority Cannot Benefit From Depression In Value Caused By Prior Announcement, IAS_I-6321-001.
Defined & Discussed, IAS_I-6322-001.
Part of Parcel Taken —
Recoverable Damages Include All Attributable Diminution In Value of the Remainder, IAS_I-6323-001.
Ripeness Test For Such Claims, IAS_I-6324-001.
Local Comprehensive Plan —
Claim Found Not Ripe, IAS_I-6325-001.
Local Government Conditions Approval to Develop On State Approval, IAS_I-6326-001.
Oil & Gas Offshore Drilling Lease —
Circuit Court Summary Judgment In Favor of State Reversed, IAS_I-6327-001.
Physical Taking —
Defined & Discussed, IAS_I-6328-001.
Powers of Eminent Domain Generally Examined, IAS_I-6329-001.
Property Rights Cannot Be Divided Into Discrete Segments to Establish a Partial Taking, IAS_I-6330-001.
Public Highway Access — DOT —
No Vested Right Exists In Particular Location of Entrance & Exit Ramps, IAS_I-6331-001.
Reasonable Necessity —
Must Be Demonstrated By Local Government Exercising the Power of Eminent Domain, IAS_I-6332-001.
Necessity Defined, IAS_I-6333-001.
Regulatory Taking —
Defined & Discussed, IAS_I-6334-001.
Six (6) Part Test For, IAS_I-6335-001.
Three (3) Part Test For, IAS_I-6336-001.
Rent Control — Mobile Home Park Lot —
Analyzed, IAS_I-6337-001.
Ripeness of This Claim —
Claim Found Not Ripe, IAS_I-6338-001.
Requires a Final Administrative Determination, IAS_I-6339-002.
Temporary Taking —
Normal Delay Resultant From Proper Governmental Regulation Does Not Constitute, IAS_I-6340-001.


Personal Representative of Estate Brings Inverse Condemnation Action —
Comprehensive Plan As Applied — Claim Found Not Ripe — Dismissal Affirmed, IAS_I-6341-001.

TAMPA, City of

Property Owners’ Suit Challenging City Liens On Their Property —
Noncompliance With Building Code — Circuit Court Dismissal Reversed, IAS_I-6342-001.

TAXATION (See Also REVENUE, Dept. of)

§72.011(1) Concurrent Jurisdiction Provision —
Found Inapplicable to Jai Alai Pari-Mutuel Tax Imposed By §551, IAS_I-6343-001.
§212.055(2) Infrastructure Surtax —
Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-6344-001.
Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-6345-001.
Ad Valorem —
Assessment (See Also Assessment, Sales Tax) —
All Statutory Criteria Must Be Considered But Not Necessarily Used, IAS_I-6346-001.
Annual Installment Payment — Status as a Lien of Record, IAS_I-6347-001.
Comparable Sales Must Be Considered When Available, IAS_I-6348-001.
Future Income Approach Discussed, IAS_I-6349-001.
Homestead — Constitutional Amendment Restricting Reassessment — Absence of Increase In Market Value, IAS_I-6350-001.
Just Valuation Defined & Discussed, IAS_I-6351-001.
No Deduction For Intangible Tax On 99 Year Lease, IAS_I-6352-001.
Stock & Debt Analysis Upheld, IAS_I-6353-001.
Constitutional Amendment (Sec. 4, Art. VII) Restricting Homestead Valuation Construed, IAS_I-6354-001.
Exemption —
Education Facilities Authority, IAS_I-6355-001.
Improvements Constructed By Public Entity On Land Leased From Private Corporation, IAS_I-6356-001.
Lease of Governmental Property — Speedway — Denied, IAS_I-6357-001.
Municipal Property Leased to Private Party, IAS_I-6358-001.
Municipal Purpose Exemption Tied to Use Not Location, IAS_I-6359-001.
Nassau County Port Authority, IAS_I-6360-001.
Orlando Utilities Comm. Property, IAS_I-6361-001.
Private County Club Lease of Land From Municipality — Denied, IAS_I-6362-001.
Public Purpose Exemption Examined, IAS_I-6363-002.
Statutes Providing For Must Have Requisite Constitutional Basis — Reversed, IAS_I-6364-001.
Strictly Construed Against Taxpayer, IAS_I-6365-001.
Mobile Home Permanently Affixed to Land —
Proposed Rules Imposing Tax Upheld, IAS_I-6366-001.
Railroad Property —
Comparable Sales Found Unavailable, IAS_I-6367-001.
Proper Assessment Methodology Exhaustively Explored, IAS_I-6368-001.
Unit Rule Method Approach Explored & Found Proper, IAS_I-6369-001.
Tax Liens Generally Discussed, IAS_I-6370-001.
Admissions Tax —
Municipality — Jai Alai — Authority For Found Lacking, IAS_I-6371-001.
Assessment (See Also Sales Tax) —
Appellate Review of Discussed, IAS_I-6372-001.
Establishment & Effect of Prima Facie Case Regarding Correctness of, IAS_I-6373-002.
Presumed Correct, IAS_I-6374-010.
Respective Burdens of Proof of Dept. & Taxpayer Examined, IAS_I-6375-001.
Taxpayer Not Bound By Treatment of Transaction For Purposes of Financial Reporting, IAS_I-6376-001.
Taxpayer’s Burden of Proof When Challenging Explored, IAS_I-6377-002.
Time Limit For Challenges To —
Jurisdictional, IAS_I-6378-001.
Unpaid Tax — Motel — Foreclosure — Liability For, IAS_I-6379-001.
Constitutional Challenges (See Also CONSTITUTION (Fla.) (U.S.)) —
Citizen Suits — Special Injury Need Not Be Demonstrated, IAS_I-6380-001.
DOAH Cannot Adjudicate, IAS_I-6381-001.
Equal Protection —
Fla. Legislature Has Broad Discretion In Determining Classes Subject to Taxation, IAS_I-6382-001.
Utility Pole Attachment Agreements Between Cable & Utility Companies, IAS_I-6383-001.
Corporate Income Tax —
Assessment Upheld, IAS_I-6384-001.
Documentary Stamp Tax (See Also DECLARATORY STATEMENTS, Revenue) —
Calculation of Amount —
Based On Amount of Consideration, IAS_I-6385-001.
Based On the Property Interest Actually Conveyed, IAS_I-6386-001.
Consideration Defined & Discussed, IAS_I-6387-002.
Consideration Must Be “Sufficient”, IAS_I-6388-001.
Subjective Intent of the Parties Is Immaterial, IAS_I-6389-001.
Florida Tax Is Patterned After Analogous Federal Provision, IAS_I-6390-001.
Partnership — Limited — Conveyance To, IAS_I-6391-001.
Quit Claim Deed — Husband & Wife — Transfer of Encumbered Property, IAS_I-6392-001.
Transfer of Property From Wholly-Owned Corporation to Sole Officer, IAS_I-6393-001.
IRS Tax Lien —
Presumed Correct, IAS_I-6394-001.
Ignorance of the Law Is No Excuse, IAS_I-6395-001.
Insurance Premium Tax —
Medical Malpractice Self-Insurer —
Lower Rates Granted/Credit & Refund Denied Over Contrary DOAH Recommendation, IAS_I-6396-001.
Retaliatory Tax — Calculation of Explored, IAS_I-6397-001.
Intangible Tax —
Mail Order Business, IAS_I-6398-001.
Shareholder Loans, IAS_I-6399-001.
Telephone Directories For Mobile Home Parks, IAS_I-6400-001.
Yacht — Demonstrator — Allegedly For Resale, IAS_I-6401-001.
Interest —
Compromise of Requires Greater Proof Than For Penalties, IAS_I-6402-001.
Failure of Previous Audit to Disclose Discrepancies Is Immaterial, IAS_I-6403-001.
Jeopardy Tax —
Petitioner Failure to Respond to DOAH Order to Show Cause, IAS_I-6404-001.
Local Government Infrastructure Surtax —
Unpaid Tax — Motel — Foreclosure — Liability For, IAS_I-6405-001.
Motor Fuel —
Fraudulent Conduct — Hearsay Evidence, IAS_I-6406-001.
Municipal Electrical Service Tax —
Exemption For Church Day Care Center, IAS_I-6407-001.
Penalty —
Failure of Previous Audit to Disclose Discrepancies Is Immaterial, IAS_I-6408-001.
Waived In Case of Confusing DOR Forms & Instructions, IAS_I-6409-001.
Waived, IAS_I-6410-001.
Refunds —
Procedure For Obtaining Examined, IAS_I-6411-001.
Retaliatory Tax (See Insurance Premium Tax)
§212 —
Federal Income Tax Caselaw Not Utilized By Dept. In Interpreting, IAS_I-6412-001.
Assessment —
Amusement Park Ride & Concession License, IAS_I-6413-001.
Bakery Goods Sold For Consumption Near the Premises In a Shopping Mall — Premises Defined, IAS_I-6414-001.
Boat, IAS_I-6415-001.
Bowling Alley Equipment, IAS_I-6416-001.
Challenge’s Burden of Proof, IAS_I-6417-002.
Coin-Operated Amusement & Game Machines — Lease of Tangible Personal Property, IAS_I-6418-001.
Coin-Operated Machine Business, IAS_I-6419-001.
Data Processing Transmissions, IAS_I-6420-001.
Direct Mail Advertising For Florida Businesses, IAS_I-6421-001.
Florida Does Not Apportion to Avoid Impact On Interstate Commerce, IAS_I-6422-001.
Food Catering Business, IAS_I-6423-001.
Joint Venture — Five (5) Part Test For Found Not Satisfied, IAS_I-6424-001.
Mobile Home Appurtenances, IAS_I-6425-001.
Motel — Rental of Televisions & Linens, IAS_I-6426-001.
Motel — Sale of Snacks & Beverages, IAS_I-6427-001.
Motor Vehicles Sold to Out-of-State Residents of States Which Impose No Tax, IAS_I-6428-001.
Municipal Golf Course Operated By Private Firm, IAS_I-6429-001.
Presumption of Correctness, IAS_I-6430-003.
Private Communications Services Defined, IAS_I-6431-001.
Purchaser Is Liable, IAS_I-6432-001.
Rental of Outdoor Business Advertising Sign, IAS_I-6433-001.
Telephone Directories For Mobile Home Parks — Calculation of Examined, IAS_I-6434-001.
Unpaid Tax — Motel — Foreclosure — Liability For, IAS_I-6435-001.
Claim That Seller Assumed Liability For Is No Defense, IAS_I-6436-001.
Commercial Lease Between Related Entities —
There Is No Exemption Based On Related Ownership or Disposition of the Rent, IAS_I-6437-001.
Concurrence of Both Tangible Personal Property & Services, IAS_I-6438-001.
Consumer’s Certificate of Exemption —
Arson Investigators Association — Denied, IAS_I-6439-001.
Atheists of Florida — Denied, IAS_I-6440-001.
Certificate of Exemption — Amateur Radio Society, IAS_I-6441-001.
Certificate of Exemption — Consumers — “Church” — Denied, IAS_I-6442-001.
Certificate of Exemption — Consumers — Financial Counseling Service — Denied, IAS_I-6443-001.
Charitable Expenditures — 50% Test, IAS_I-6444-002.
Charitable Expenditures — Fund Raising Expenditures Are No Longer Deleted From When Calculating, IAS_I-6445-001.
Charitable Expenditures — Seven (7) Part Test For, IAS_I-6446-001.
Charitable Organization — Test For, IAS_I-6447-001.
Charitable Organization — Two (2) Part Test For, IAS_I-6448-001.
Chicano Community Social Welfare Organization, IAS_I-6449-001.
Christian-Muslim Church — Denied, IAS_I-6450-001.
Consumer Credit Counseling Service, IAS_I-6451-001.
David Ben Gurion Culture Club — Denied, IAS_I-6452-001.
Petitioner Has the Burden of Proof, IAS_I-6453-004.
Rebos Club — Alcoholic Support Group — Granted, IAS_I-6454-001.
Religious Institution — Five (5) Part Test For, IAS_I-6455-001.
Religious Institution — Threshold Requirement — §501(c)(3) Federal Nonprofit Status, IAS_I-6456-001.
County Property Appraiser Has No Duty to Inform Citizens of Liability For, IAS_I-6457-001.
Exemption (See Also Consumer’s Certificate of Exemption) —
Air Taxi Service Which Leases Corporate Lear Jets, IAS_I-6458-001.
Aircraft Allegedly Purchased For Eventual Resale, IAS_I-6459-001.
Charitable Organization Defined & Discussed, IAS_I-6460-001.
Church — Defined & Discussed, IAS_I-6461-001.
Depreciation of Item On Federal Income Tax Return Found Contradictory to Application For, IAS_I-6462-001.
Exported Goods, IAS_I-6463-001.
Farm Equipment — Petition to Amend Rule Denied, IAS_I-6464-002.
Laundry — Commercial — Cleaning Equipment — Denied, IAS_I-6465-001.
Narrowly Construed, IAS_I-6466-001.
Resale — Limitations On Promotional Use, IAS_I-6467-001.
Resource Recovery Equipment, IAS_I-6468-001.
Strictly Construed Against Taxpayer, IAS_I-6469-006.
Failure to Remit Tax Collected On Nontaxable Transactions, IAS_I-6470-001.
Lease — Commercial — Real Property —
1988 Amendment Imposes Tax On Net Gallons, IAS_I-6471-001.
Liability of Tenant For Examined, IAS_I-6472-001.
Rental of Beach Concession Location (Real Property-Commercial) From County, IAS_I-6473-001.
Space For Coin-Operated Vending Machines, IAS_I-6474-001.
Lease — Commercial — Real Property — Related Entities —
Applicable Between Parent & Wholly-Owned Subsidiary Corp., IAS_I-6475-001.
Grantor or Other Surety Cannot Be As Equally Liable, IAS_I-6476-001.
Mortgage Defined & Discussed, IAS_I-6477-001.
No Exemption For Occasional, Isolated Rentals, IAS_I-6478-001.
Payment of a Debt Is a Thing of Value, IAS_I-6479-001.
Rule 12A-1.070(19)(c) Exemption In Process of Being Repealed Yet Still In Force, IAS_I-6480-001.
Rule Exemption Regarding Equal Liability Examined, IAS_I-6481-001.
Sales/Leaseback — Successor/Predecessor Corporations, IAS_I-6482-001.
Tenant Is Liable For, IAS_I-6483-001.
Ultimate Disposition of Rent Is Immaterial, IAS_I-6484-001.
Lease — Tangible Personal Property —
Four (4) Part Test For, IAS_I-6485-001.
Road Site Striping & Traffic Control Devices, IAS_I-6486-001.
Status As a “Subcontractor” Is Not Dispositive, IAS_I-6487-001.
Substance Not Form Governs, IAS_I-6488-001.
Liability of Purchaser of Business For Back Sales Tax & Preservation of Appurtenant Records, IAS_I-6489-001.
Mail Order Business, IAS_I-6490-001.
Motor Fuel —
Failure to Remit, IAS_I-6491-001.
Payment Plan Rejected, IAS_I-6492-001.
Undisputably a Tax of “General Application”, IAS_I-6493-001.
Utility Pole Attachment Agreements —
§212.02(10)(i) Definition of “License” Examined, IAS_I-6494-001.
Federal Restriction On Franchise Fees Found Inapplicable, IAS_I-6495-001.
Fixture Defined, IAS_I-6496-001.
Yacht — Demonstrator — Allegedly For Resale, IAS_I-6497-001.
Taxing Enactments —
Credit or Exemption Provisions Are Strictly Construed Against Taxpayer, IAS_I-6498-001.
Exemptions —
Strictly Construed Against Taxpayer, IAS_I-6499-007.
Florida Tax Laws Are Not Dependent Upon Federal Law, IAS_I-6500-001.
Ignorance of the Law Is No Excuse, IAS_I-6501-001.
Tax Statutes Presumed Not to Reach New Technologies Post-Dating An Enactment, IAS_I-6502-001.
To Be Strictly Construed Against the Government, IAS_I-6503-009.
Use Tax —
Applicability of Examined, IAS_I-6504-001.
Characterization of Tax As “Use” Instead of Sales Is of Little Consequence, IAS_I-6505-001.
Defined & Discussed, IAS_I-6506-001.
Purpose of Examined, IAS_I-6507-001.
Relationship to Sales Tax Examined, IAS_I-6508-001.


Access to State Highways —
Abutting Landowner Right to Examined, IAS_I-6509-001.
Certificate of Qualification to Bid — Delinquency In Completing a Project —
Circuit Court Injunction Against Administrative Proceeding Regarding Reversed, IAS_I-6510-001.
Statutory Provisions Regarding Carefully Explored, IAS_I-6511-001.
Closure of I-95 Entrance & Exit Ramps —
Held Not to Constitute a Taking, IAS_I-6512-001.
Condemnation of Water Management Dist. Lands —
Save Our Rivers Program & Florida Preservation 2000 Act, IAS_I-6513-001.
Contract (See CONTRACTS (Bids/Protests))
Disadvantaged Business Enterprise Certification (DBE) —
Denial of Affirmed, IAS_I-6514-001.
Dismissal By Prime Contractor Not Subject to DOT Review, IAS_I-6515-001.
Landowner Challenge to Design of Road While Circuit Court Condemnation Proceeding Was Pending —
Election of Circuit Court Remedy Found to Preclude Instant Administrative Challenge, IAS_I-6516-001.
Limerock Pit —
Emergency Order Placing Pit On Conditional Approved Status Upheld, IAS_I-6517-001.
Opinion On Rehearing: Fairbanks, Inc., IAS_I-6518-001.
Permit (See Also PERMITS) —
Billboard —
Dept. Denial of Permit Reversed, IAS_I-6519-001.
Utility Use of Right-of-Way —
A Privilege Secondary to Public Safety, IAS_I-6520-001.


Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§443.041(2)(b)(2) — Award Vacated, IAS_I-6521-001.
Fact Findings Cannot Be Rejected In Guise of Contrary Legal Conclusion, IAS_I-6522-001.
Fact Findings Supported By Competent Substantial Evidence Cannot Be Disturbed, IAS_I-6523-005.
Good Cause For Quitting —
Illness or Disability, IAS_I-6524-001.
Standards Utilized In Determining, IAS_I-6525-001.
Misconduct —
Bad Judgment Alone Does Not Constitute, IAS_I-6526-001.
Constant Complaining About Work 1033-1034-J.
Defined — Statutory Definition Narrowly Construed, IAS_I-6527-001.
Defined, IAS_I-6528-002.
Definition — Different From Labor Law Generally, IAS_I-6529-001.
Disqualifying Statutory Provisions Are to Be Narrowly Construed, IAS_I-6530-001.
Failure to Appear For Work As Scheduled, IAS_I-6531-001.
Legitimate Family Emergency, IAS_I-6532-001.
Refusal to Accept Change In Work Schedule, IAS_I-6533-001.
Refusal to Accept Lower Paying Position, IAS_I-6534-001.
Refusal to Execute Document Stating That Mandatory Drug Test Was Taken “Voluntarily”, IAS_I-6535-001.
Refusal to Work On Saturday — Family Illness, IAS_I-6536-001.
Use of Vulgar Language In Dispute With Supervisor, IAS_I-6537-001.
Unemployment Compensation Law Is to Be Liberally Construed In Favor of the Claimant, IAS_I-6538-003.
Voluntary Termination, IAS_I-6539-003.


Employee —
Denial of §120.57(1) Formal Hearing — Terminated Employee — Late Filing — Reversed, IAS_I-6540-001.
In-State Tuition Status —
Denial of Reversed, IAS_I-6541-001.


Student Grading Challenge —
§120.57(5) Exemption Bars §120.57 Hearing, IAS_I-6542-001.


Charlotte County Water & Sewer Interim Rate Increase —
Circuit Court Dismissal of Intervenor Protest Affirmed, IAS_I-6543-001.
DOT Right-of-Way —
Utility Use of Is a Privilege Secondary to Public Safety, IAS_I-6544-001.
Electric —
Authority of Local Government to Control or Regulate Up-Sizing of Electric Power Lines, IAS_I-6545-001.
Duty to Maintain Property In Safe Condition, IAS_I-6546-001.
Up-Sizing of Lines Is Not “Development” Yet Is Still Subject to Local Regulation, IAS_I-6547-001.
Sales Tax On Pole Attachment Agreements —
Cable Services Distinguished From Utility Services, IAS_I-6548-001.


Challenge to Election Rejected By Circuit Court —
Creation of City of Deltona — Dissolution of Fire Dist. —
After-the-Fact Validating Legislation Upheld As Valid, IAS_I-6549-001.



Birth-Related Neurological Injury Compensation Plan —
Purpose, Intent & Mechanics of Examined, IAS_I-6550-001.
Similarities Between Exhaustively Explored, IAS_I-6551-001.
Transfer to DOAH After Judge of Claims Hearing But Before Final Decision Found Mandated By Statute, IAS_I-6552-001.


License (See Also LICENSING) —
Denial of Formal Hearing Reversed, IAS_I-6553-001.


Appellate Review (See Also APPELLATE REVIEW) —
Standard of Appellate Court Review, IAS_I-6554-002.
Review of Local Zoning Decisions —
§380 Shifts to Land & Water Adjudicatory Comm. From Circuit Court, IAS_I-6555-001.
Rezoning —
Decision Must State Fact Findings & Rationale, IAS_I-6556-001.
Distinction From Special Exception Examined, IAS_I-6557-001.
Held to Be a Quasi-Judicial Action Subject to Certiorari Appellate Review, IAS_I-6558-001.
Inherent Right of Property Owners to Use Their Property Examined, IAS_I-6559-001.
Neighbor Approval Is Not Dispositive, IAS_I-6560-001.
Respective Burdens of Proof Examined, IAS_I-6561-001.
Subject to Close Judicial Scrutiny, IAS_I-6562-001.
Zoning Is Legislative In Character, IAS_I-6563-001.