COMMUNITY AFFAIRS, Dept. of (See Also ADMINISTRATION Comm.; AREA OF CRITICAL STATE CONCERN; DECLARATORY STATEMENTS; LAND & WATER ADJUDICATORY Comm.)
Amended Final Order: Brown v. Walton County, IAS_V-0851-001.
Area of Critical State Concern (See Consistency of Local Ordinance With Local Comprehensive Plan; AREA OF CRITICAL STATE CONCERN)
Binding Letter (See Also Index to Administrative Orders by Agency (IAA) For Index By County) —
Failure to Obtain Requisite Binding Letter of Interpretation, IAS_V-0852-001.
Interpretation of Vested Rights Status —
Aggregation Rule Found to Be Inapplicable, IAS_V-0853-004.
Extension of Granted, IAS_V-0854-001.
Housing — Affordable — Impact On Considered, IAS_V-0855-012.
Hurricane Shelter Space — Impact On, IAS_V-0856-002.
Marina & Park — Municipal, IAS_V-0857-002.
Marina — Private, IAS_V-0858-001.
Multi-Use Development, IAS_V-0859-002.
Potable Water & Wastewater Facilities — Impacts On Considered, IAS_V-0860-001.
Regionally Significant Resources, IAS_V-0861-002.
Regionally Significant Resources — Archeological, IAS_V-0862-001.
Regionally Significant Resources — Vegetation & Wildlife, IAS_V-0863-006.
Removal of Facility Constructed Prior to July 1, IAS_V-0864-002.
Substantial Changes Found, IAS_V-0865-001.
Transportation — Regionally Significant Roadways Identified, IAS_V-0866-017.
Transportation — Substantial Impacts Defined, IAS_V-0867-001.
Modification to DRI With Vested Rights —
Clearance Letter Granted, IAS_V-0868-001.
Clearance Letter Granted & Declined, IAS_V-0869-001.
Natural Resources — Impacts On Considered, IAS_V-0870-002.
Open Space — Impacts On Considered, IAS_V-0871-001.
Regionally Significant Resources — Endangered & Threatened Species, IAS_V-0872-003.
Solid Waste — Impact of Considered, IAS_V-0873-001.
Solid Waste Facilities — Impacts On Considered, IAS_V-0874-002.
Substantial Changes Found, IAS_V-0875-004.
Substantial Changes Not Found, IAS_V-0876-008.
Transportation — Regionally Significant Roadways Identified, IAS_V-0877-008.
Building Codes & Standards (See ATTORNEY GENERAL’S OPINIONS)
Building Energy Rating System —
License — Qualified Rater —
Third Party Complaint Dismissed For Lack of Dept. Jurisdiction, IAS_V-0878-001.
Circuit Court Suit Seeking Temporary Injunction Against Marion County Moratorium On Mobile Homes —
Circuit Court Denial of Temporary Injunction Affirmed, IAS_V-0879-001.
Community Development Block Grant —
Challenge to Scoring of Application, IAS_V-0880-003.
Competitive Grant Application Process Discussed, IAS_V-0881-001.
Costs Found Not Reimbursable Due to Deficient Documentation, IAS_V-0882-001.
Due to Competition For Grants a Score In the Fundable Range Does Not Assure Funding, IAS_V-0883-001.
Recoupment of Funds Spent For Ineligible Purposes — Polk County, IAS_V-0884-001.
Rule Variance (See Rule Variance or Waiver)
Complaint Assailing Alleged Violations of Pasco County Zoning Ordinances —
Dismissed For Lack of Jurisdiction, IAS_V-0885-001.
Comprehensive Plan (See Also ADMINISTRATION Comm.; COUNTY GOVERNMENT) —
Purpose of Examined, IAS_V-0886-001.
Amendments to —
Considerable Discretion of Local Government Noted, IAS_V-0887-001.
Consistency Can Be Determined Even Though the Plan As a Whole Is In Litigation, IAS_V-0888-001.
Effective Date Is When Any Compliance Challenge Is Finalized, IAS_V-0889-001.
In Compliance Determination Is Applicable, IAS_V-0890-003.
Moratorium On New Development In the Interim, IAS_V-0891-001.
Must Be Reviewed With Respect to Impact On Overall Plan, IAS_V-0892-001.
Not a Land Development Regulation or Residential Zoning Application, IAS_V-0893-001.
Small Scale Plan Amendments, IAS_V-0894-001.
Coastal Management Element —
Commence Development —
Obtaining Permits Alone Without More Does Not Constitute, IAS_V-0896-001.
Concurrency Defined & Discussed, IAS_V-0897-001.
Internal Consistency Discussed, IAS_V-0898-001.
With State or Regional Plan — Local Plan, IAS_V-0899-001.
DOAH Formal Hearing Is De Novo, IAS_V-0900-001.
Development Order —
Current Regulations Must Be Consistent With – Not Vice Versa, IAS_V-0901-001.
Current Regulations Regarding Are Irrelevant to a Compliance Determination, IAS_V-0902-001.
Future Land Use Element —
Future Land Use Map —
Purpose of Examined, IAS_V-0904-001.
Historic Resource Issues —
State Plan Requirements Are Not Rigorous, IAS_V-0905-001.
In Compliance —
Plan In Entirety & Amendments Considered, IAS_V-0907-002.
Intergovernmental Coordination —
Dept. Requires By Rule But Does Not Enforce the Requirement, IAS_V-0908-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Persons — Defined, IAS_V-0909-005.
Burden of Proof — Not Even Fairly Debatable Standard, IAS_V-0910-014.
Burden of Proof — Not Even Fairly Debatable Standard — Is a Heavy One, IAS_V-0911-004.
Burden of Proof When Dept. & Local Government Reaches a Stipulated Settlement, IAS_V-0912-003.
Public Participation Requirement Examined, IAS_V-0913-001.
Requirement For Submission of Objections to the Local Government, IAS_V-0914-001.
Standing — Citizens, IAS_V-0915-001.
Less Populated Area of the State —
Dept. May Provide Technical Assistance So Long As Challengers Are Not Prejudiced, IAS_V-0916-001.
Natural Resource Issues —
Fla. Right to Farm Act Construed, IAS_V-0917-001.
Outright Prohibitions On Development Are Not Required, IAS_V-0918-001.
Site-By-Site Approach Found Proper, IAS_V-0919-001.
State & Federal Regulatory Programs Do Not Allow Local Government to Ignore, IAS_V-0920-001.
Private Clubs As Recreational Facilities, IAS_V-0921-001.
Requisite Data, Studies, etc. —
In Support of, IAS_V-0922-005.
Motives Do Not Constitute, IAS_V-0923-001.
New Data Can Be Considered At Formal Hearing, IAS_V-0924-001.
Rules Allegedly Excusing Provision of Specific Standards For Density Found Invalid, IAS_V-0925-001.
Sewer Main Extensions, IAS_V-0926-001.
Comprehensive Plan — Charlotte County — Intervenor Challenge to Evaluation & Appraisal Report, IAS_V-0927-001.
Comprehensive Plan — City of Cocoa Beach — Intervenor Challenge to Amendment, IAS_V-0928-001.
Comprehensive Plan — City of Miami Beach — Intervenor Challenge to Amendment, IAS_V-0929-001.
Comprehensive Plan — City of Stuart — County Challenge to Amendment, IAS_V-0930-001.
Comprehensive Plan — City of Tarpon Springs — Intervenor Challenge to Amendment, IAS_V-0931-001.
Comprehensive Plan — Highlands County — Intervenor Challenge to Amendment, IAS_V-0932-001.
Comprehensive Plan — Hillsborough County — Intervenor Challenge to Amendment, IAS_V-0933-001.
Comprehensive Plan — Jefferson County — Intervenor Challenge to Amendment, IAS_V-0934-001.
Comprehensive Plan — Lee County — Intervenor Challenge to Amendments, IAS_V-0935-001.
Comprehensive Plan — Palm Beach County — Intervenor Challenge to Amendment, IAS_V-0936-002.
Comprehensive Plan — Sarasota County — Intervenor Challenge to Amendment, IAS_V-0937-001.
Comprehensive Plan — Sumter County — Intervenor Challenge to Amendment, IAS_V-0938-001.
Comprehensive Plan — Sumter County — Intervenor Challenge to Amendment —
Dept. Denial of Challenge Reversed, IAS_V-0939-001.
Comprehensive Plan — Suwannee County — Intervenor Challenge to Amendment, IAS_V-0940-001.
Comprehensive Plan — Village of Royal Palm Beach — Intervenor Challenge to Amendment, IAS_V-0941-001.
Consistency of Local Ordinance With Local Comprehensive Plan (See Also ADMINISTRATIVE HEARINGS, Div. of; AREA OF CRITICAL STATE CONCERN) —
§380.0552(7) Delegation of Authority to Dept. Upheld As Constitutional, IAS_V-0942-001.
Burden of Proof Examined, IAS_V-0943-001.
Dept. Must Review All Ordinances Within Sixty (60) Days, IAS_V-0944-002.
Escambia County — Petition Dismissed For Petitioner’s Failure to Comply With Discovery, IAS_V-0945-001.
Islamorada — Moratorium On Commercial Development — Approved, IAS_V-0946-001.
Islamorada — Moratorium On the Acceptance of Residential Rate of Growth Ordinance Allocation Applications, IAS_V-0947-001.
Islamorada — Prohibition On the Issuance of Development Permits, IAS_V-0948-001.
Key Colony — Beach Land Development Regulations Approved, IAS_V-0949-001.
Key West — Authorization of City Planner to Issue Written Interpretations of LDR’s Etc. — Approved, IAS_V-0950-001.
Key West — Definition of Transient Living Accommodations & Transient Use Permit, IAS_V-0951-001.
Key West — Modification of Ordinances Previously Rejected, IAS_V-0952-001.
Key West — Naval Military Base Reuse Plan, IAS_V-0953-001.
Monroe County — Moratorium On the Approval of Applications For New Free-Standing Wireless Communications Towers, IAS_V-0954-001.
Monroe County — Protection of Sea Turtles From Lighting & Development, IAS_V-0955-001.
Monroe County — Rezoning From Sparsely Settled to Park & Refuge, IAS_V-0956-001.
Monroe County — Rezoning From Suburban Residential to Park & Refuge, IAS_V-0957-001.
Monroe County — Vacation Rental Ordinance, IAS_V-0958-003.
Monroe County Land Development Regulations —
Land Development Regulation Defined, IAS_V-0959-001.
Rezoning of Certain Parcels From Suburban Residential to Suburban Commercial Rejected, IAS_V-0960-001.
Polk County — Lake Lowery Region Special Flood Hazard Area, IAS_V-0961-001.
Wakulla County — Modification of Assailed Regulations Found to Render Plan Moot, IAS_V-0962-001.
Walton County — Petition Dismissed For Failure to Establish Standing, IAS_V-0963-001.
Contracts (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Emergency Management Preparedness & Assistance Trust Fund —
Challenge to Scoring of Application Denied, IAS_V-0964-001.
City of Cape Canaveral —
Dept. Termination of Funding Agreement Affirmed, IAS_V-0965-001.
City of Gainesville —
Challenge to Scoring of Application Denied, IAS_V-0966-002.
Fla. Hazardous Materials/Emergency Response/Community Right-to-Know Act —
1996 Conditional Statutory Waiver of Past Due Fees Examined, IAS_V-0967-001.
Challenge to Late Fee For Untimely Filing Rejected, IAS_V-0968-002.
Failure to Submit Annual Registration Forms & Fees, IAS_V-0969-004.
Hazard Mitigation Grant Program —
Petition Challenging Denial Dismissed As Moot After Application Was Reopened, IAS_V-0970-001.
Immediate Final Order —
Moratorium On Development Orders & Permits By City of Islamorada, IAS_V-0971-001.
Enforcement of Local Development Orders Discussed, IAS_V-0972-001.
Extension of Time to File An Amended Petition Granted, IAS_V-0973-001.
Notice of Violation —
Monkey Feeding Stations In Fla. Keys, IAS_V-0974-001.
Privately-Owned Marina Assailed For Providing Docking For a Cruise Ship, IAS_V-0975-001.
Order Denying Motion For Stay: Rathkamp v. Dept. of Comm. Aff. & Monroe County, IAS_V-0976-001.
Order Vacating & Re-Entering Final Order: Hillman, Durando & Silver v. Dept. of Comm. Aff. & Siemens, IAS_V-0977-001.
Petition to Initiate Rulemaking —
Hazardous Liquid Pipelines — Damage Prevention — Land Use — Emergency Preparedness — Denied, IAS_V-0978-001.
Rule Variance or Waiver —
Alachua Soil & Water Conservation District —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-0979-002.
Brevard Soil & Water Conservation District —
Rule Variance Denied/Annual Fees Not Waived, IAS_V-0980-001.
Buckhorn Estates Special Dist. —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-0981-001.
Clay Soil & Water Conservation Dist. —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-0982-001.
Community Development Block Grant — 1996 Amendments to §120 Are Not Retroactive, IAS_V-0983-001.
Community Development Block Grant — Denied, IAS_V-0984-002.
Community Development Block Grant — Failure to Document Open Membership or Election Provisions — Oral Request For Not Reached, IAS_V-0985-001.
Community Development Block Grant — Granted, IAS_V-0986-001.
Community Development Block Grant — Lack of Statement of Acceptance of Gubernatorial Appointment to Board — Variance Denied, IAS_V-0987-001.
Community Development Block Grant — Preapplication — Denied, IAS_V-0988-001.
Community Development Block Grant — Scoring of Application — Granted, IAS_V-0989-001.
Community Development Block Grant — Untimely Application For — Denied, IAS_V-0990-001.
Community Development Block Grant — Untimely Petition For, IAS_V-0991-002.
Dixie Soil & Water Conservation Dist. —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-0992-001.
Fla. Communities Trust Grant —
Application Deadline — Denied, IAS_V-0993-001.
Emergency — Preacquired Site — Granted, IAS_V-0994-002.
Preacquired Property — Denied, IAS_V-0995-001.
Preacquired Property — Granted, IAS_V-0996-006.
Waiver of Application Deadline — Denied, IAS_V-0997-001.
Franklin Soil & Water Conservation District —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-0998-001.
Hardee Soil & Water Conservation Dist. —
Waiver of Annual Special Dist. Reporting Fees — Granted, IAS_V-0999-001.
Indian River Soil & Water Conservation Dist. —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-1000-001.
Lafayette Soil & Water Conservation Dist. —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-1001-001.
Leon County Health Facilities Authority —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-1002-001.
Request For Proposals —
Time Limit to Respond — Denied, IAS_V-1003-002.
St. Lucie Soil & Water Conservation Dist. —
Waiver of Annual Special Dist. Reporting Fees Granted, IAS_V-1004-001.
Special Districts —
Classification of —
Dependent Special Districts Discussed, IAS_V-1005-002.
Distinction Between Dependent & Independent Special Districts Examined, IAS_V-1006-001.
CONSTITUTION (Fla.) (See Also APPELLATE REVIEW, Circuit Court, Constitutional Challenges; CONSTITUTION (U.S.) PRACTICE & PROCEDURE; STATUTES)
Agency Cannot Adjudicate (See Also PRACTICE & PROCEDURE, Constitutional Issues) —
PERC Refusal to Hear City Employee Drug Test Challenge On Basis of Constitutional Issue Reversed, IAS_V-1007-001.
Amendment By Voter Initiative (See Also COUNTY GOVERNMENT, Referendum) —
Adequate Public Education Funding, IAS_V-1008-001.
Appellate Review (See Also APPELLATE REVIEW) —
Advisory Opinions Are Not Strictly Binding Precedent But Are Seldom Revisited, IAS_V-1009-001.
Judicial Deference Even Greater Than For Statutes, IAS_V-1010-002.
Appellate Review — Supreme Court —
Constitutional Initiative Provisions Are Not Per Se Subject to a Different Standard Than Statutes, IAS_V-1011-001.
Limited Scope of Review, IAS_V-1012-003.
Multiple Functions of Government — Effect On, IAS_V-1013-001.
Rational Basis Vis Strict Scrutiny Standard, IAS_V-1014-001.
Scope of Examined, IAS_V-1015-001.
Strict Scrutiny Test — Applicability of, IAS_V-1016-001.
Strict Scrutiny Test — Commercial Fisherman Not a Suspect Class, IAS_V-1017-001.
Supreme Court Is Without Authority to Rule On the Merits of the Proposal, IAS_V-1018-007.
Without Authority to Redraft Ballot Language, IAS_V-1019-001.
Without Authority to Rule On the Merits of the Proposal, IAS_V-1020-005.
Ballot Title & Summary — Use of a Question Found Misleading, IAS_V-1021-001.
Ballot Title & Summary Are to Be Read Together, IAS_V-1022-001.
Ballot Title & Summary Cannot Be Challenged After-the-Fact, IAS_V-1023-001.
Ballot Title & Summary Found Adequate, IAS_V-1024-001.
Ballot Title & Summary Found Inadequate, IAS_V-1025-001.
Ballot Title & Summary Found Misleading — With Analysis, IAS_V-1026-003.
Ballot Title & Summary Must Afford Fair Notice, IAS_V-1027-001.
Compensation to Private Property Owners For Restriction On Use of Real Property, IAS_V-1028-001.
Criminal Provisions —
Problems With “Direct Plebiscite” Examined, IAS_V-1029-001.
Everglades Sugar Fee/Everglades Trust Fund/Responsibility For Paying Costs, IAS_V-1030-001.
Everglades Sugar Fee/Everglades Trust Fund/Responsibility For Paying Costs —
Found Not to Be Self-Executing — Implementing Legislation Found Required, IAS_V-1031-001.
Primarily Responsible — Interpretation of This Term Examined, IAS_V-1032-001.
Fish & Wildlife Conservation Comm. (Unifying Marine Fisheries & Game & Fresh Water Fish Comm.) —
Establishment of, IAS_V-1033-001.
Schedule For Filing of Briefs Established, IAS_V-1034-001.
High Speed Monorail, Fixed Guideway or Magnetic Levitation —
Found Valid, IAS_V-1035-001.
Initiative Can Amend Any Portion of the Constitution In Any Way Subject to Single-Subject Rule, IAS_V-1036-001.
Local Vote For Circuit & County Court Judges — Replacement With Appointment System —
Found Valid, IAS_V-1037-001.
Marine Net Ban Initiative —
Circuit Court Vacation of Automatic Stay During Appeal Reversed — Injunction Prohibiting Enforcement, IAS_V-1038-001.
Found Valid, IAS_V-1039-001.
Threats of Violence Found Not Worthy of Any Kind of Reward, IAS_V-1040-001.
Necessity of Implementing Legislation Examined, IAS_V-1041-001.
Private Property Rights, IAS_V-1042-001.
Public Funding of Political Candidates’ Campaigns, IAS_V-1043-002.
Right of Citizens to Choose Health Care Providers, IAS_V-1044-001.
Severability of Defective Provisions — Single Subject Compliance, IAS_V-1045-001.
Single-Subject Test —
Affect On Multiple Branches of Government, IAS_V-1046-003.
Amendment of By Ballot Initiative, IAS_V-1047-001.
Applies Only to Amendment By Voter Initiative, IAS_V-1048-002.
Discussed & Found Satisfied, IAS_V-1049-003.
Discussed & Found Violated, IAS_V-1050-003.
Purpose of Discussed, IAS_V-1051-005.
Revenue Raising Provision Exception, IAS_V-1052-001.
Standards Governing Validity Analogous to Those Applicable to Statutes (See Also Statutes), IAS_V-1053-001.
Term Limits — Upheld As Constitutional Except For Federal Offices, IAS_V-1054-001.
Term Limits Pledge — Ballot Summary Found Defective, IAS_V-1055-001.
Test For Whether an Initiative Is Self-Executing Examined, IAS_V-1056-001.
Voter Approval of New Taxes, IAS_V-1057-001.
Amendment of —
Four (4) Avenues For Examined, IAS_V-1058-001.
Citizen Suit On Behalf of State of Fla. —
Special Injury Need Not Be Alleged, IAS_V-1059-001.
Construction (See Also STATUTES) —
A Provision Cannot Be Construed In a Manner Which Would Render Another Provision Superfluous, Meaningless, or Inoperative, IAS_V-1060-001.
Direction As to How a Thing Is to Be Done Is In Effect a Prohibition to Its Being Done In Any Other Way, IAS_V-1061-001.
Intent of the Voters Is the Polestar For Initiatives, IAS_V-1062-001.
Need For Implementing Legislation Vis Self Executing — Test For, IAS_V-1063-001.
Plain Meaning of Ordinary Words Is the First Consideration, IAS_V-1064-001.
Related Provisions Construed In Para Materia, IAS_V-1065-001.
Dual Officeholding —
Member of County Advisory Only Planning Comm. Can Also Serve On So. Fla. Water Management Dist., IAS_V-1066-001.
Due Process (See Also CONSTITUTION (U.S.); PRACTICE & PROCEDURE) —
Citizen Suit Challenging Violation of Local Ordinance — Requirement For Special Damages, IAS_V-1067-001.
Defined & Discussed, IAS_V-1068-001.
Due Process Is Flexible & Calls For Such Procedural Protections As the Particular Situation Demands, IAS_V-1069-001.
Fact That An Agency Head Exercises Executive & Quasi-Judicial Functions Simultaneously Is Irrelevant, IAS_V-1070-001.
Patient’s Right to Terminate Own Life With the Assistance of the Physician, IAS_V-1071-001.
Procedural Due Process Protections Examined, IAS_V-1072-001.
Procedural Due Process Protections of Licensee Examined, IAS_V-1073-001.
Executive Branch Officers —
Charged With Upholding the Constitution, IAS_V-1075-001.
Executive Branch of Government —
Cannot Shift the Burden of Proof, IAS_V-1076-001.
Free Public Schools —
Constitutional Requirement For Free Public Schools Does Not Contemplate Public Programs That Pay For Private Schools, IAS_V-1077-001.
Paramount Duty of the State — Provision For Must Be Adequate, IAS_V-1078-001.
Postsecondary Education & Pre-Kindergarten Programs Are Outside This Mandate, IAS_V-1079-001.
Tax Dollars May Not Be Used to Send Fla. Students to Private Schools, IAS_V-1080-001.
Governor (See GOVERNOR)
Home Rule Power —
Judicial Branch of Government —
Cannot Arrogate Power to Make Social Policy That Belongs Only to the Legislature, IAS_V-1082-001.
Collective Bargaining Rights of Public Employees Vis the Appropriations Power, IAS_V-1083-001.
Constitutional Challenge to Funding of Public Schools As Inadequate Rejected, IAS_V-1084-001.
Discretion to Make Value Choices Examined, IAS_V-1085-001.
Circuit Court Action By Citizen Against Senator Assailing Allegedly Inappropriate Fee —
Circuit Court Dismissal Affirmed For Lack of Standing, IAS_V-1086-001.
Circuit Court Action By Citizen Against Senator Assailing Allegedly Inappropriate Fee — Circuit Court Dismissal Affirmed For Lack of Standing — Supreme Court Approves, IAS_V-1087-001.
Standing of Members As Citizens & Taxpayers to Challenge Actions of the Executive Branch, IAS_V-1088-001.
The Sole Brake On Lawmaking Power Is the Constitution & Discretion Reasonably Exercised, IAS_V-1089-001.
Vetoed Bills Not Taken Up By the Legislature Need Not Be Filed With the Dept. of State, IAS_V-1090-001.
Nondelegation of Legislative Power —
Statute Found Not to Offend This Provision, IAS_V-1091-001.
Police Power — State of Fla.
Three (3) Part Test For Constitutionality of, IAS_V-1093-001.
Rule Found Not to Establish, IAS_V-1096-001.
Right to Privacy —
Agency Investigative Subpoena For Patient Medical Records — Medicaid, IAS_V-1097-001.
Condominium Unit Owner Financial Information, IAS_V-1098-001.
Abortion — Exclusion From Coverage — Upheld, IAS_V-1099-001.
Privacy Amendment —
Bd. of Psychology Rule Prohibition On Intimate Relationships In Perpetuity Reversed, IAS_V-1100-001.
Refusal of Medical Treatment & Physician-Assisted Suicide —
§782.08 Found Constitutional Over Contrary Circuit Court Holding, IAS_V-1101-001.
§782.08 Found Unconstitutional, IAS_V-1102-001.
Individual’s Right to Control the Time & Manner of Death Examined, IAS_V-1103-002.
Right to Refuse Medical Treatment & Right to Physician-Assisted Suicide Distinguished, IAS_V-1104-001.
Right to a Jury Trial —
Exists As to Those Issues Triable Before a Jury At Common Law Regardless of Current Form of Proceeding, IAS_V-1105-001.
Not to Be Narrowly Construed, IAS_V-1106-001.
School Board (See Also SCHOOL BOARDS) —
Does Not Constitute An Executive Branch of State Government, IAS_V-1107-001.
Free Public Schools (See Free Public Schools)
Status As a Constitutional Entity, IAS_V-1108-001.
Separation of Powers —
As a Brake On Judicial Power Examined, IAS_V-1109-001.
Challenge Alleging Rejected, IAS_V-1110-001.
Circuit Court Cannot Order Funds Moved Within An Agency’s Budget, IAS_V-1111-001.
Judicial Review of Challenges to the Validity of Actions Taken By Another Branch of Government, IAS_V-1113-001.
Standing of Legislative Members As Citizens & Taxpayers to Challenge Actions of the Executive Branch, IAS_V-1114-001.
Statutes (See Also STATUTES, Constitutionality) —
Appellate Review of Circuit Court Decision Is De Novo, IAS_V-1115-001.
As Applied Vis Facial Constitutionality, IAS_V-1116-002.
Facial Validity — Procedure For Evaluating, IAS_V-1117-001.
General Vis Special Laws, IAS_V-1118-001.
Presumed to Be Constitutional, IAS_V-1120-001.
Standards Governing Applicable to Constitutional Initiatives, IAS_V-1121-001.
Vagueness (See STATUTES) —
Difficulties In Construction Alone Are Insufficient, IAS_V-1122-002.
Test For Examined, IAS_V-1123-002.
Sunshine Amendment (Art. II, Sec. 8) (See Also SUNSHINE LAW (§286, Fla. Stat.)( —
Found Not Self Executing, IAS_V-1124-001.
State Government Only – Not Private Citizens – Has Standing to Enforce, IAS_V-1125-001.
Taxation (See COUNTY GOVERNMENT; REVENUE, Dept. of; TAXATION)
Taxpayer Constitutional Challenge —
Standing Found Lacking, IAS_V-1126-001.
Territorial Waters of the State —
Operating An Unregistered Vessel Within, IAS_V-1128-001.
Commerce Clause —
Additional $4.00 Fee For Registration of Boat Previously Titled Out-of-State Upheld, IAS_V-1129-001.
Local Ordinance Regarding C & D Debris Found Not to Violate, IAS_V-1130-001.
Motor Fuel Tax On Fuel to Be Sold Out-of-State Found Not to Violate, IAS_V-1131-001.
Double Jeopardy —
Due Process (See Also CONSTITUTION (Fla.); PRACTICE & PROCEDURE) —
Patient’s Right to Terminate Own Life With the Assistance of a Physician, IAS_V-1134-001.
Equal Protection Clause —
Challenge Based On Must Demonstrate Arbitrary & Unreasonable Action, IAS_V-1135-001.
Challenge Based On Must Demonstrate Arbitrary & Unreasonable Action — Challenger’s Stringent Burden of Proof Examined, IAS_V-1136-001.
Challenge to Marine Net Ban Initiative Based On Rejected, IAS_V-1137-001.
Challenge to Zoning Restriction of Adult Establishments, IAS_V-1138-001.
Exclusive Intertrack Pari-Mutuel Horse Wagering License, IAS_V-1140-001.
Failure to Prosecute All Offenders Alone Does Not Constitute, IAS_V-1141-001.
Homosexuals Are Not a Protected or Suspect Class, IAS_V-1142-001.
Ineffectiveness of Law With Regard to the Stated Purpose Is Immaterial, IAS_V-1143-001.
Not a License For Courts to Second Guess Legislative Choices, IAS_V-1144-001.
Rational Basis Test Discussed & Applied, IAS_V-1145-001.
Ex Post Facto Law —
Prohibition On Applies to Penal But Not Ex Post Facto Laws, IAS_V-1146-001.
Excessive Fines —
First Amendment —
Adult Establishments, IAS_V-1148-001.
Commercial Speech —
Test For Measuring Restrictions On, IAS_V-1149-001.
Fourteenth Amendment Liberty Interests Subject to Protection —
Injury to Reputation — Public Employee — Name-Clearing Hearing, IAS_V-1150-001.
Fourth Amendment —
Investigations & Inspections of Drug Manufacturing Firms By the Dept. of Health, IAS_V-1151-001.
Full Faith & Credit Clause —
Does Not Automatically Compel a State to Subordinate Its Own Policy, IAS_V-1152-001.
Impairment of Contract —
Balancing Against Legitimate Public Purpose, IAS_V-1153-001.
Privilege Against Self-Incrimination —
Cannot Be Asserted By Merely Failing to Comply With Discovery, IAS_V-1154-001.
Request For Admissions, IAS_V-1155-001.
Public Financing of State Political Campaigns —
1990 Constitutional Amendment Abolishing Trust Funds Examined, IAS_V-1156-001.
Supremacy Clause —
Federal Statutes & Regulations Preempt Conflicting Fla. Provisions, IAS_V-1157-002.
Aiding & Abetting Unlicensed Personnel, IAS_V-1158-001.
Bd. Fine & Order For Restitution For Failure to Satisfy Judgment Against Wholly Owned Corporation Reversed, IAS_V-1159-001.
Bd. Requirement For Restitution Payment to Subcontractor Reversed, IAS_V-1160-001.
Bd. Revocation Based Solely On Criminal Plea Reversed, IAS_V-1161-001.
DOAH Denial of Continuance of Hearing Reversed, IAS_V-1162-001.
Suspension Affirmed — Failure to Satisfy a Judgment, IAS_V-1163-001.
Order On Motion For Clarification: Jonas v. DBPR — Substitute Opinion Entered, IAS_V-1164-001.
Agencies Are Without Jurisdiction to Adjudicate Claims Regarding, IAS_V-1165-003.
Agencies Are Without Jurisdiction to Adjudicate Their Own Liability to Outside Parties, IAS_V-1166-001.
Agency Bound By Terms of After the Legislature Provides Funding, IAS_V-1167-001.
Breach of Contract Claims —
Neither An Agency Nor DOAH Has Jurisdiction Under §120, IAS_V-1168-001.
Children & Families —
Assisted Living Facility —
Dispute Over Oral Contract For Emergency Services Not Cognizable Under §120, IAS_V-1169-001.
Community-Based Substance Abuse & Mental Health Services —
Petition For Hearing Dismissed For Lack of Jurisdiction, IAS_V-1170-001.
Operation of Emergency Shelter —
Allegations Regarding Alleged Dept. Breach of Contract Found Not Ripe For Hearing, IAS_V-1171-001.
Privatization of South Florida State Hospital —
Third Party Challenge — Dept. Denial of On Basis of Lack of Standing Affirmed, IAS_V-1172-001.
Community Affairs —
Community Development Corp. Grants & Aid, IAS_V-1173-001.
Time Limits —
Strictly Construed, IAS_V-1174-001.
Subject to Availability of Funds Appropriated By the Legislature, IAS_V-1175-001.
1996 Amendments Specify That a Bid Protest Proceeding Is De Novo, IAS_V-1176-001.
Part I Is Inapplicable to State Government, IAS_V-1177-001.
Procedures Distinguished From Those Governing Local Government Contracts, IAS_V-1178-001.
Agencies Are Without Jurisdiction to Adjudicate Claims Regarding, IAS_V-1179-001.
Agency Has Wide Discretion In Awarding Competitive Bids, IAS_V-1180-008.
Agency Is Responsible For Insuring That the Integrity of the Competitive Bidding Process Is Maintained, IAS_V-1181-001.
Arbitrary Agency Action (See Also PROTEST), IAS_V-1182-001.
Arbitrary Agency Action Defined, IAS_V-1183-002.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Bids (See Also Material Irregularities) —
Alleged Nonresponsiveness, IAS_V-1185-001.
Alleged Nonresponsiveness — No Right to DOAH Hearing Regarding, IAS_V-1186-001.
Alleged Nonresponsiveness — Standard Governing Determination of, IAS_V-1187-001.
Alleged Nonresponsiveness Is Not the Prerogative of DOAH, IAS_V-1188-001.
Bids Cannot Be Changed After Opening Except to Cure Minor Irregularities, IAS_V-1189-001.
Bids Found Nonresponsive, IAS_V-1190-001.
Determined Based On Information Available At Bid Opening – Not Subsequent Change In Circumstances, IAS_V-1191-001.
Broward County School Bd. —
Provision of Group Vision Care For Bd. Employees — Bid Protest, IAS_V-1192-001.
Children & Families —
Armed Security Guard Services For Food Stamp Offices, IAS_V-1193-001.
Automated Fingerprint Identification System, IAS_V-1194-002.
Family Counseling Services, IAS_V-1195-001.
Fire Sprinkler System At Fla. State Hospital, IAS_V-1196-001.
Home Health Services For Disabled Adults, IAS_V-1197-001.
Lease of Office Space, IAS_V-1198-002.
Physical Plant Operations For Landmark Learning Center & South Florida Evaluation & Treatment Center, IAS_V-1199-001.
South Florida State Hospital — Privatization — Third Party Protest, IAS_V-1200-001.
Community Affairs —
Key West — Local Projects to Promote the Protection & Effective Management of Fla. Coastal Resources, IAS_V-1201-001.
Request For Proposals Dismissed As Untimely, IAS_V-1202-001.
Parole Evidence Rule Bars Resort to Extrinsic Evidence If Clear & Unambiguous Language Is Used, IAS_V-1203-001.
Plain Meaning of Ordinary Words Is the First Consideration, IAS_V-1204-001.
Florida Comprehensive Assessment Test (FCAT) —
All Bids Rejected, IAS_V-1205-001.
Environmental Protection (DEP) —
Management of Citrus Groves At Lake Louisa State Park, IAS_V-1206-001.
HRS (See Also HRS, Dept. of) —
Children’s Medical Services Clinic — Rejection of All Bids, IAS_V-1207-001.
Distributed Computer Server System, IAS_V-1208-001.
Rehabilitation of Historic Structure In Key West, IAS_V-1209-001.
Health Care Administration, Agency For (AHCA) —
Contract — Provider — Invalidated In Part As An Unpromulgated Rule, IAS_V-1210-001.
Highway Safety & Motor Vehicles —
Material Irregularities —
Photographic Supplies & Film, IAS_V-1212-001.
Juvenile Justice —
Lease of Office Space, IAS_V-1213-001.
Lease/Purchase of Office Space, IAS_V-1214-001.
Request For Proposals —
Halfway House Program, IAS_V-1215-002.
Residential Halfway House For Females, IAS_V-1216-001.
Roof Repairs, IAS_V-1217-001.
Youth Custody & Treatment Facility, IAS_V-1218-001.
Provision of Computerized Gaming Systems & Related Services, IAS_V-1219-001.
Material Irregularities —
Defined & Discussed, IAS_V-1221-001.
Failure to Supply Specific Documentation Requested, IAS_V-1222-002.
Minor Irregularities —
Defined & Discussed, IAS_V-1224-001.
Minor Vis Material Irregularities —
Distinction & Definitions Examined, IAS_V-1225-003.
Service of Proposal By Facsimile, IAS_V-1226-001.
Minority Business Enterprise —
Purpose of This Program Discussed & Found “Subverted”, IAS_V-1227-001.
Nonresponsive Bid —
DOT Finding of Affirmed, IAS_V-1228-001.
Orange County —
Water Pipes, Valves & Fittings, IAS_V-1229-001.
Palm Beach County School Bd. —
Ex Parte Communications With Bd. Member, IAS_V-1230-001.
§120 Amendments In 1996 Specify As De Novo, IAS_V-1231-001.
APA (§120) Governs All Protests, IAS_V-1232-002.
Agency Cannot Exceed Its Budget, IAS_V-1233-001.
Arbitrary Agency Action Discussed, IAS_V-1234-002.
Bid Solicitation Process Stops, IAS_V-1235-001.
Burden of Proof, IAS_V-1236-001.
Burden of Proof —
Clearly Erroneous, IAS_V-1237-001.
Preponderance of the Evidence, IAS_V-1238-002.
Challenge to Minority/Women Business Certification of a Competitor Is Improper, IAS_V-1239-001.
Failure to Post Requisite Bond Found Fatal To, IAS_V-1240-002.
Groves-Watkins Found Applicable to, IAS_V-1241-001.
Notice of Bid Decision —
Time Limit For Posting, IAS_V-1242-001.
Referral Back to Same Selection Committee Whose Original Decision Was Assailed, IAS_V-1243-001.
Standard of Appellate Review —
Solely to Ascertain Fraudulent, Arbitrary, Illegal or Dishonest Agency Action, IAS_V-1244-001.
Standard of DOAH Review —
Agency Rejection of DOAH Recommended Disposition Affirmed, IAS_V-1245-001.
DOAH Fact Findings Carry the Usual Weight, IAS_V-1246-001.
DOAH Finding of Fraud Etc. Rejected By Dept. of Children & Families, IAS_V-1247-001.
DOAH Must Conduct a De Novo Hearing On a Protest, IAS_V-1248-002.
DOAH Recommendation of a Rebid Rejected, IAS_V-1249-001.
Solely to Ascertain Fraudulent, Arbitrary, Illegal or Dishonest Agency Action, IAS_V-1250-013.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Nonbidders Lack Per Se, IAS_V-1251-001.
Only Those Who Can Successfully Bid Competitively Have It, IAS_V-1252-001.
Second Lowest Bidder Always Has It, IAS_V-1253-001.
Third Party — Advocacy Center For Persons With Disabilities — Privatization of State Hospital, IAS_V-1254-001.
Third Party Supplier Found to Lack, IAS_V-1255-001.
Two (2) Prong Test, IAS_V-1256-003.
Time Limits —
Protest Dismissed As Untimely, IAS_V-1257-001.
Strictly Construed, IAS_V-1258-003.
Untimely Protest Cannot Be Considered, IAS_V-1259-001.
Public Entity Crime — Fla. Convicted Vendors List (See ADMINISTRATIVE HEARINGS, Div. of)
Purpose Behind Competitive Private Bids Discussed, IAS_V-1260-004.
Rejection of All Bids, IAS_V-1261-002.
Rejection of All Bids —
Protestant’s Burden of Proof, IAS_V-1263-001.
Contract to Perform Audits For DOR, IAS_V-1264-001.
South Florida Water Management Dist. —
Construction of Stormwater Treatment Areas, IAS_V-1265-001.
Interconnected Microwave Site, IAS_V-1266-001.
Protest Dismissed As Untimely, IAS_V-1267-001.
Transportation (DOT) —
Reflective Sheeting — DOT Finding That Bid Was Nonresponsive Affirmed, IAS_V-1268-001.
Circuit Court Action Seeks Mandamus to Compel Enforcement of Building Code —
Circuit Court Dismissal Affirmed, IAS_V-1269-001.
Circuit Court Order Permitting Inmate to Keep Their Beard On Basis of Religion Reversed, IAS_V-1270-001.
Denial of Petition Challenging a Rule As Applied Affirmed, IAS_V-1271-002.
Denial of Petition Seeking Expungement of Disciplinary Order, IAS_V-1272-001.
Petition to Initiate Rulemaking — Appeal of DOC Denial Dismissed As Moot, IAS_V-1273-001.
Rule Challenge —
Disposition of Abandoned Property — Circuit Court Temporary Injunction Granted, IAS_V-1274-001.
Statutory Abolition of Inmate Rule Challenges, IAS_V-1275-002.
COUNTY GOVERNMENT (See Also CITY GOVERNMENT; COMMUNITY AFFAIRS, Dept. of; SCHOOL BOARDS; TAKING (CONDEMNATION) (INVERSE CONDEMNATION); ZONING)
§120 (APA) —
Applicability of Discussed, IAS_V-1276-001.
§212.055(2) Infrastructure Surtax —
Change In Permitted Use of Amounts to a Change In the Tax, IAS_V-1277-001.
Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_V-1278-001.
Air Pollution —
Citizen Initiative to Impose Regulations More Stringent Than Federal or State Standards —
Facial Constitutionality Upheld — Petition to Remove From Ballot Denied, IAS_V-1279-001.
Alcoholic Beverages —
Authority to Regulate Sales On Indian Reservation, IAS_V-1280-001.
Animal Control Bd. —
Dogs Declared to Be Dangerous, IAS_V-1281-001.
No Right to Jury Trial On Citation Found, IAS_V-1282-001.
Charter Counties —
Powers of Examined, IAS_V-1283-001.
Comprehensive Plan (See Local Comprehensive Plan; COMMUNITY AFFAIRS, Dept. of)
Consistency of Land Development Regulation (LDR) With Local Comprehensive Plan (See ADMINISTRATIVE HEARINGS, Div. of; COMMUNITY AFFAIRS, Dept. of)
County Internal Auditor —
Status of Report of As Exempt Public Record, IAS_V-1284-001.
Development Order —
Moratorium On the Issuance of, IAS_V-1286-001.
Underground Gas Pipeline —
Consistency Review In Context of Local Comprehensive Plan Found Lacking, IAS_V-1287-001.
Vested Rights Determination As, IAS_V-1288-001.
Distinction Between Quasi-Judicial & Quasi-Legislative Governmental Action Exhaustively Explored, IAS_V-1289-001.
Div. of Pari-Mutuel Wagering Cannot Compel County to Act Through Ordinance, IAS_V-1290-001.
Dry Cleaning Solvents Cleanup —
Eligibility For DEP Reimbursement As Bar to County Enforcement Efforts Examined, IAS_V-1291-001.
Elections Supervisor —
Construction of Florida Elections Statutes —
Florida Secretary of State/Div. of Elections — Fla. Assoc. of Election Supervisors, IAS_V-1292-001.
Enforcement Action —
State Preemption Found, IAS_V-1293-001.
Hearing Officer — Administrative (See Also PRACTICE & PROCEDURE, DOAH) —
There Is No Legal Requirement That a County Hearing Officer Be An Attorney or Even a Person With Legal Training, IAS_V-1294-001.
Home Rule Power (See CONSTITUTION (Fla.))
Impact Fees (See Also REVENUE, Dept. of) —
Distinction Between Taxes & Fees Examined, IAS_V-1295-001.
Dual Rational Nexus Test For Validity, IAS_V-1296-001.
For Public Schools — Found Unconstitutional As Applied to Adult-Only Manufactured Home Community, IAS_V-1297-001.
Power to Tax Is Narrowly Construed, IAS_V-1298-001.
Requirement That C & D Debris Must Be Separated From Municipal Solid Waste, IAS_V-1299-001.
Local Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of) —
Amendment — Denial — Planned Unit Development —
Quasi-Legislative Decision Subject to Fairly Debatable Standard of Review, IAS_V-1300-001.
Challenge to Development Order As Inconsistent With —
§163.3215 Found to Compel De Novo Circuit Court Review, IAS_V-1301-001.
Challenge to Grant of Special Exception to —
Group Working Toward Public Acquisition of Sensitive Lands, IAS_V-1302-001.
Liberalized Requirements of §163.3215 Examined, IAS_V-1303-001.
By Communications Media Technology — Quorum Must Be Physically Present, IAS_V-1304-001.
Military Base Reuse Plan — Homestead Air Force Base — Dade —
Admin. Comm. Approval of County Reuse Plan Reversed As Lacking Statutory Prerequisite, IAS_V-1305-001.
Challenge to Facial Constitutionality of, IAS_V-1306-001.
State Agency (Dept. of Health) Is Without Jurisdiction to Interpret, IAS_V-1307-001.
Permit (See Also PERMITS) —
Authority to Approve a Local Energy Code, IAS_V-1308-001.
Authority to Approve a Local Standard For Wind Resistance, IAS_V-1309-001.
Personnel Appeals (See Also PUBLIC EMPLOYEES) —
Personal Liability For Discharge of a Subordinate Found Not Barred By Qualified Immunity —
No Protection Against Violation of First Amendment Right of Free Speech, IAS_V-1310-001.
Public Employees Do Not Relinquish Their First Amendment Right of Free Speech Regarding Matters of Public Concern, IAS_V-1311-001.
Public Hospitals —
Applicability of Public Records Act & Sunshine Law, IAS_V-1312-001.
History Behind Creation of Examined, IAS_V-1313-001.
Public Records Act (See PUBLIC RECORDS ACT (§119, Fla. Stat.))
Quasi-Judicial Action —
Test For, IAS_V-1315-001.
Test For Established In the Snyder Decision — Discussed, IAS_V-1316-001.
Referendum (See Also CONSTITUTION (Fla.), Amendment By Voter Initiative) —
Circuit Court — Costs of Erroneously Staying Placement On Ballot Noted, IAS_V-1317-001.
Courts Are Reluctant to Interfere With the Electorate’s Right to Vote On Certain Issues, IAS_V-1318-001.
Motives of Those Organizing the Petition Drive Are Irrelevant, IAS_V-1319-001.
Taxation (See Also TAXATION) —
Art. VII, §(1)(a) Examined, IAS_V-1320-001.
Division of Revenues Between State & Local Government, IAS_V-1321-001.
Power to Tax Should Not Be Broadened By Semantics, IAS_V-1322-001.
Privilege Fee —
Utilities — Right of Way — Unauthorized Tax, IAS_V-1323-001.
State Constitution Preempts All Forms of Taxation Except Ad Valorem & General Law, IAS_V-1324-001.
Water Management District Consumptive Use Permitting —
Counties Have a Substantial Interest In Water Resource Allocation, IAS_V-1325-001.
Appellate Review —
Notice of Dismissed As Untimely, IAS_V-1326-001.
Revocation — Positive Drug & Alcohol Test — Challenge to Test Results — Reversed & Remanded, IAS_V-1327-001.