Circuit Court Reverses County Commission Denial of Special Exemption —
Reversed On Appeal, IAS_V-1328-001.
County Denial of Unusual Use Permit —
Abandoned Golf Course — Residential Development — Circuit Court Reversal of County Denial Reversed On Appeal, IAS_V-1329-001.
Enforcement Action —
Dry Cleaning Solvent Spill — State Preemption Found, IAS_V-1330-001.
Ethics Comm. —
Circuit Court Denial of Certiorari Review of Order Affirmed, IAS_V-1331-001.
Local Comprehensive Plan —
Amendment Found Invalid On Its Face For Failure to Provide Specific Standards For Density, IAS_V-1332-001.
On Motion For Rehearing: Metropolitan Dade County v. Bannister, IAS_V-1333-001.
Unsafe Structures Bd. —
Determination Reversed For Lack of Notice — Attorney’s Fees Denied, IAS_V-1334-001.
DADE COUNTY SCHOOL BOARD (See SCHOOL BOARDS)
DBPR (Dept. of Business & Professional Regulation) (See Also ALCOHOLIC BEVERAGE LICENSE; Boards — See Name of Board; PARI-MUTUEL WAGERING, Div. of)
Alcoholic Beverage License (See ALCOHOLIC BEVERAGE LICENSE)
Condominiums (See Also DECLARATORY STATEMENTS, DBPR) —
Liability of Developer For Assessments On Unsold Units, IAS_V-1335-001.
Time Limit For Filing An Action Found to Be Jurisdictional, IAS_V-1336-001.
Unit — Definition of Examined, IAS_V-1337-001.
Unit Owner Financial Information — No Constitutional Protection From Disclosure, IAS_V-1338-001.
Declaratory Judgment Suit Seeking to Challenge Div. Restriction of Arbitration to Residential Condos Dismissed, IAS_V-1339-001.
Dept. Has Jurisdiction to Interpret a Condominium Contract For Regulatory Purposes, IAS_V-1340-001.
Div. Penalty Against Corporate Trustees & Limited Partners Personally Reversed, IAS_V-1341-001.
Hotels & Restaurants —
Failure to Have Approved Smoke Detector For the Hearing Impaired — Fine — Reversed, IAS_V-1342-001.
Land Sales —
Prior Registration Orders Involving Parcels of Land — Revocation Reversed, IAS_V-1343-001.
Mobile Home Parks —
Prospectus — Purpose of Examined, IAS_V-1344-001.
Unique Relationship Between Mobile Home and Park Owners Examined, IAS_V-1345-001.
Pari-Mutuel Wagering (See PARI-MUTUEL WAGERING, Div. of)
Yacht Brokers —
Commingling of Personal Funds With Trust Funds — Purchase Contract Requisite to This Charge Found Lacking — Affirmed & Reversed In Part, IAS_V-1346-001.
Criminal Conviction — Moral Turpitude — Reversed, IAS_V-1347-001.
Income Tax Evasion — Stay of Revocation Pending Appellate Review — Failure to Notify Bd. of Conclusion of Appeal Process, IAS_V-1348-001.
§86 Declaratory Judgment Statute & Pertinent Caselaw Is Analogous, IAS_V-1349-003.
10/96 Amendments to §120 —
Petition No Longer Needs to Raise a “Unique” Issue, IAS_V-1350-001.
Administration Comm. —
Hillsborough County School Bd. Denial of Permission to Act As a Qualified Law Representative — Petition Dismissed, IAS_V-1351-001.
An Agency Cannot Dictate That a Petitioner Instead Petition For Rulemaking, IAS_V-1352-001.
Appellate Review (See Also APPELLATE REVIEW) —
Constitutional Issues Not Raised Below, IAS_V-1353-001.
Court Vacates After Agency Confession of Error, IAS_V-1354-001.
Declaratory Statement Affirmed, IAS_V-1355-002.
Declaratory Statement Reversed, IAS_V-1356-001.
Declaratory Statement Set Aside, IAS_V-1357-001.
Scope of, IAS_V-1358-001.
Banking & Finance — Div. of Banking —
Estate Planning Seminars Hosted By Banks, IAS_V-1359-001.
Children & Families —
Propriety of Certain Medicaid Qualifying Trusts Questioned, IAS_V-1360-001.
Requirement That a State University Substance Abuse Program Be Licensed As Such, IAS_V-1361-001.
Whether Florida Statutes Permit Petitioner to Deny Substance Abuse Services to a Client Due to Fraud, IAS_V-1362-001.
Community Affairs —
Building Comm. —
Allowable Building Height & Area Standards — Assisted Living Facility With Sprinkler System, IAS_V-1363-001.
Authority of Owner/Building of Residential Family Dwelling to Certify Wind Load Compliance Without Architect or Engineer, IAS_V-1364-001.
Automatic Sprinkler System Requirement — Parking Garage, IAS_V-1365-001.
Certificate of Occupancy Requirement For Business Occupancy/Group B/Office, Professional or Service, IAS_V-1366-001.
Clarification Regarding Whether a Contractor May Manufacture & Install a Roofing System Without Testing & Certification, IAS_V-1367-001.
Commercial Hood System — Requirement For Seal of An Engineer, IAS_V-1368-001.
Gas Distribution Contract — Undersized Lines, IAS_V-1369-001.
Question As to Whether Computer Generated Drawings That Depict How a Standard, Manufactured Truss Is to Be Assembled Require a Seal of An Engineer, IAS_V-1370-001.
Status of An Area As a Mezzanine, IAS_V-1371-001.
Truss Drawings — Requirement to Have Signed & Sealed By Registered Engineer, IAS_V-1372-001.
Wind Design — Software — Approved As Substitute For Manual Calculations, IAS_V-1373-001.
Calculation of R-Value of Lightweight Concrete Insulating Systems, IAS_V-1374-001.
Challenge to Processing By City of Winter Park of Upland Development Orders Allegedly Inconsistent With Its Comprehensive Plan, IAS_V-1375-001.
Comprehensive Plan —
Extension of Sewer Mains — Inclusion In Plan — Public Participation, IAS_V-1376-001.
East Lake Fire & Rescue — Final Order Rescinding, IAS_V-1377-001.
Order On Motion For Clarification: 1000 Friends of Fla., et al. v. Dept. of Community Affairs, et al., IAS_V-1378-001.
Pinellas County Unified Personnel System — Final Order Rescinding, IAS_V-1379-001.
Status of the Almarante Fire District As a Dependent or Independent District, IAS_V-1380-001.
Status of the Baker Fire District As Either a Dependent or Independent District, IAS_V-1381-001.
Status of the Jacksonville Transportation Authority As a Dependent or Independent District, IAS_V-1382-001.
Status of the North Okaloosa Fire District As a Dependent or Independent Special District, IAS_V-1383-001.
Status of the Pinellas County Unified Personnel System As An Independent Special District, IAS_V-1384-001.
DBPR (Business & Professional Regulation, Dept. of) — Condominiums —
Dept. Finds It Lacks Authority to Interpret Ambiguous Contracts, IAS_V-1385-001.
DBPR (See Also Pari-Mutuel Wagering)
DEP (Dept. of Environmental Protection) —
Applicability to 1996 Statutory Amendment Abolishing General Permits For Construction & Demolition Debris Landfills to An Existing Facility, IAS_V-1386-001.
Construction of a Hydroelectric Facility On the Withlacoochee River, IAS_V-1387-001.
Landfill — Municipal — Exemption From State & Federal Requirements, IAS_V-1388-001.
Status of Discharges of Fresh Water Through a Water Control Structure Into a Brackish River As a Contaminant, IAS_V-1389-001.
Status of Freshwater Discharged From Water Control Structures Into a River As a “Contaminant”, IAS_V-1390-001.
Status of Hat Island As An Undeveloped Coastal Island, IAS_V-1391-001.
Declaratory Statements (See Also Requirements For) —
Agency Unequivocal Statement That It Will No Longer Rely On a Duly Promulgated Rule Found to Constitute, IAS_V-1392-001.
Cannot Be Assailed As Unpromulgated Rules Per Se, IAS_V-1393-001.
Res Judicata Effect of Examined, IAS_V-1394-001.
Propriety of Nonprofit Hospital Employing a Doctor (M.D.) As a Dentist, IAS_V-1395-001.
Special Programs & Procedures Documents — Statement Not Granted, IAS_V-1396-001.
Authority of Physician to Assist a Married Couple Conceive Via In Vitro Fertilization — Statement Denied, IAS_V-1397-001.
Septic Tank — Commercial/Industrial — Interpretation of County Ordinance Denied, IAS_V-1398-001.
Status of a Non-Profit Residential Cooperative As a Mobile Home Park, IAS_V-1399-001.
Voluntary Health Care Provider — Effect On Sovereign Immunity of Outside Referral, IAS_V-1400-001.
Health Care Administration (AHCA) —
Nursing Home —
Ability to Impose Certain Requirements On “Private Duty Staff”, IAS_V-1401-001.
Hearing Aid Specialists —
Electronic Shooters Protection Device — Dispensing By a Physician (M.D.), IAS_V-1402-001.
Highway Safety & Motor Vehicles (HSMV) —
Applicability of Statutory Violation to Criminal Prosecution Involving a Highway Patrol Citation —
Driver’s License —
Claim of Exemption From Driver’s License Requirement Rejected, IAS_V-1404-002.
Motor Vehicle Dealer —
Propriety of Manufacturer Ownership Interest In a Dealership, IAS_V-1405-001.
Motor Vehicle Registration —
Is Not “Voluntary”, IAS_V-1406-001.
Motor Vehicle Defined, IAS_V-1407-001.
Motorist Cannot Revoke, IAS_V-1408-001.
Service Contracts — Dept. Characterization of As Insurance Reversed, IAS_V-1409-001.
Status of Home Health Care Plan As “Insurance” —
Dept. Declaratory Statement Finding the Plan to Constitute “Insurance” Reversed, IAS_V-1410-001.
Massage Therapy —
Propriety of Hiring Independent Contractors & Collecting a Percentage of Their Fees, IAS_V-1411-001.
Affirmed Per Curiam, IAS_V-1412-001.
Authority of Physician Assistant or Advanced Nurse Practitioners to Obtain Informed Consent From Patient, IAS_V-1413-001.
Diagnostic Imaging Services Defined — Group Practice Associated With Local Radiology Group, IAS_V-1414-001.
Physician — Psychiatrist — Treatment of Another Fla. Physician — Duty to Report Known Violations, IAS_V-1415-001.
Physician Group Offering Magnetic Resonance Imaging For Nongroup Patients —
Bd. of Medicine Approval Reversed In Appeal Initiated By AHCA, IAS_V-1416-001.
Propriety of Agreement Whereby Pharmaceutical Distributor Offers Medications By Mail Order From Computer On “Prime” Rental Counter Space At Physician’s Office, IAS_V-1417-001.
Propriety of Agreement With Management Company Whereby a Percentage Fee Is Paid, IAS_V-1418-002.
Propriety of Pathologist Group Referral of Patients to Dermatologists Who In Turn Submit Specimens Back For Analysis, IAS_V-1419-001.
Propriety of Physician Owning & Operating a Clinical Lab For Performance of Tests On His Own Patients As Well As On Patients From Other Physicians, IAS_V-1420-001.
Propriety of Referral of Patients to Physician’s Own Clinical Laboratory With “Global Billings” of Both “Technical” & “Professional” Components, IAS_V-1421-001.
Propriety of Shared Responsibility Treatment Model For Sexual Offenders Whereby a Psychiatrist Shares Responsibility With Others Without a M.D., IAS_V-1422-001.
RN Questions Authority to Administer Topical Anesthetic to Patient’s Throat Without Physician Supervision, IAS_V-1423-001.
Requisite Supervision of Non-Licensed Supportive Personnel, IAS_V-1424-001.
Pari-Mutuel Wagering, Div. of (See PARI-MUTUEL WAGERING, Div. of) —
Interpretation of Statutes Regarding Intertrack Wagering On Simulcast Rebroadcast of Horse Races Set Aside On Appeal, IAS_V-1425-001.
Interpretation of Statutes Regarding Intertrack Wagering On Simulcast Rebroadcasts of Horse Races — Review Upon Remand From Supreme Court, IAS_V-1426-001.
Question Regarding Lack of Probable Cause Finding After a Complaint Was Filed Against An Employer — Denied, IAS_V-1427-001.
Psychological Examiners —
Ambit of Aiding & Abetting Unlicensed Personnel, IAS_V-1428-001.
Authority of a Psychologist to Recommend Prescription Medications to Clients, IAS_V-1429-001.
Duty When Father In a Divorce Proceeding Objects to Treatment of Child, IAS_V-1430-001.
Intern — Requisite Supervision At Private Nonprofit Clinic, IAS_V-1431-001.
Licensure — Educational Requirements — Equivalency of Post-Doctoral Residency In the Cayman Islands, IAS_V-1432-001.
Propriety of Biofeedback Training, IAS_V-1433-001.
Propriety of Internet-Based Service Delivery, IAS_V-1434-001.
Requirements For (See Also Declaratory Statements) —
10/96 Amendments to §120 —
Petition No Longer Needs to Raise a “Unique” Issue, IAS_V-1435-001.
Actual Controversy, IAS_V-1436-004.
Agency Has Discretion As to Whether to Conduct a Hearing On, IAS_V-1437-001.
Agency Statement Adverse to the Petitioner Must Contain Competent Substantial Evidence, IAS_V-1438-001.
Can Be Utilized Even Though Applicable to Others, IAS_V-1439-001.
Cannot Be Utilized to Announce a Rule Outside of Proper Rulemaking Procedures, IAS_V-1440-001.
Cannot Be Utilized to Determine Applicability of a Criminal Provision, IAS_V-1441-001.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, IAS_V-1442-012.
DOAH Hearing Is Not Contemplated, IAS_V-1443-001.
Fact Findings — Must Have Record Support, IAS_V-1444-001.
Must Be Based On Narrowly Drawn & Unique Set of Facts, IAS_V-1445-001.
Not Available When Issue Is Pending In §120.57 Proceeding, IAS_V-1446-001.
Not Available When Issue Is Pending In Judicial Proceeding, IAS_V-1447-003.
Purpose of Examined, IAS_V-1448-002.
Question Cannot Be Moot, IAS_V-1449-001.
Question Cannot Be Speculative, IAS_V-1450-003.
Question Cannot Be Vague, IAS_V-1451-003.
Scope of Found Expanded In Recent Caselaw, IAS_V-1452-001.
Specific Facts & Circumstances Must Be Set Forth, IAS_V-1453-005.
Standing Is Limited to Petitioner In Their Particular Set of Circumstances Only, IAS_V-1454-001.
Amended Declaratory Statement After Appellate Remand: Warning Safety Lights of Georgia, Inc., IAS_V-1455-001.
Applicability to Others Does Not Prohibit Issuance of, IAS_V-1456-001.
Distribution of Funds For New Professional Sports Franchise — Discussed, IAS_V-1457-001.
Documentary Stamp Tax —
Nonrecourse Purchase Agreement For Real Property, IAS_V-1458-001.
Sales Tax —
Abandoned Property Locator — Status As Private Investigative Service, IAS_V-1459-001.
Alcoholic Beverages — Sale By Veteran Organizations — No Exemption, IAS_V-1460-001.
Motor Vehicle Removed From Inventory & Titled In Owner’s Name, IAS_V-1461-001.
Motor Vehicle Rented From a Third Party & Loaned to a Customer As a Replacement During Repairs, IAS_V-1462-002.
Municipal Electric Utilities — Materials For Repair or Maintenance — Exemption Denied, IAS_V-1463-001.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Any Substantially Affected Person, IAS_V-1464-001.
Found Lacking, IAS_V-1465-002.
Petitioner Must Have Substantive Interests, IAS_V-1466-001.
Standing Is Limited to Petitioner In Their Particular Set of Circumstances Only, IAS_V-1467-002.
Substantive Interest Test, IAS_V-1468-001.
Div. of Elections —
Declaratory Statement Regarding Public Funding of State Political Campaigns After Abolition of Trust Funds Reversed, IAS_V-1469-001.
Transportation (DOT) —
Confession of Error Accepted, IAS_V-1470-001.
Amended Final Order: Health v. Worster, D.D.S., IAS_V-1471-001.
Authority of the Board to Regulate Delegable Tasks, IAS_V-1472-001.
Bd. Discipline Based On Failure to Keep Requisite Written Records & Unacceptable Level of Care Affirmed, IAS_V-1473-001.
Declaratory Statement (See DECLARATORY STATEMENTS)
License (See Also LICENSING) —
Controlled Substances —
Administration Other Than In Course of Professional Practice, IAS_V-1474-001.
Emergency Suspension —
Criminal Plea (Attempted Trafficking In Hydrocodone), IAS_V-1476-001.
Criminal Plea (Possession of Cocaine & Paraphernalia/Resisting Arrest Without Violence), IAS_V-1477-001.
Criminal Plea (Possession of Cocaine With Intent to Distribute), IAS_V-1478-001.
Criminal Plea (Sexual Battery of Female Patient), IAS_V-1479-001.
Criminal Plea (Unlawfully Delivering a Controlled Substance — Hydrocone), IAS_V-1480-001.
Employment By a Corporation Not Composed of Dentists, IAS_V-1481-001.
Failure to Keep Requisite Written Records, IAS_V-1482-001.
Fraudulent Conduct, IAS_V-1483-001.
Improper Advertising of Free Services, IAS_V-1484-001.
Medicaid Fraud, IAS_V-1485-001.
Emergency Suspension Stayed By Appellate Court — Interim Restrictions Imposed, IAS_V-1486-001.
Failure to Keep Adequate Records, IAS_V-1487-001.
Sexual Misconduct — Nitrous Oxide — Assistant, IAS_V-1490-001.
License — Hygienist (See LICENSURE) —
Emergency Suspension —
Opiate Abuse & Depression, IAS_V-1491-001.
Licensure (See LICENSURE) —
Criminal Plea (Practicing Without a License), IAS_V-1492-001.
On Motion For Rehearing: Albert v. Bd. of Dentistry, IAS_V-1493-001.
DISCIPLINE (See Also LICENSING; PRACTICE & PROCEDURE)
Actual Harm to Public Not Prerequisite to Discipline, IAS_V-1494-003.
Administrative Settlement Is Not Necessarily An Admission of Wrongdoing, IAS_V-1495-001.
Complaint (See Also Jurisdiction) —
Charges Outside of Cannot Be Prosecuted, IAS_V-1496-040.
Charges Outside of Cannot Be Prosecuted —
DOAH Dismissal of Charge Due to Allegedly Inadequate Complaint Reversed, IAS_V-1497-001.
Charges Outside of Cannot Be the Basis of An Increased Penalty, IAS_V-1498-001.
Deficiencies In Found Regrettable But Not to Constitute Reversible Error, IAS_V-1499-001.
Defined & Discussed, IAS_V-1500-001.
Exacerbating Factors Need Not Be Specifically Plead (See Also Exacerbating Factors), IAS_V-1501-001.
Failure to Appropriately Reference Correct Statutory Basis Found to Offend Due Process, IAS_V-1502-001.
Failure to Cite to Correct Statute —
Harmless Error, IAS_V-1503-001.
Failure to File Motion to Dismiss Waives Any Defect, IAS_V-1504-001.
Medical Quality Assurance (MQA) Boards —
Award of Costs of Investigation & Prosecution Examined, IAS_V-1505-001.
Must Charge Misconduct Personal to the Licensee, IAS_V-1506-001.
Must Give Notice of the Penalties Being Sought, IAS_V-1507-001.
Requisite Specificity, IAS_V-1508-004.
Settlement of a Parallel Civil Lawsuit Is Not Conclusive, IAS_V-1509-001.
Criminal Charges —
Moral Turpitude —
Difficulty In Delineating Noted, IAS_V-1510-001.
Not Every Crime Involves, IAS_V-1511-001.
Criminal Conviction —
Cannot Be “Relitigated” In An Administrative Tribunal, IAS_V-1512-001.
Defined & Discussed, IAS_V-1513-001.
Disciplinary Proceeding Held In Abeyance Pending An Appeal, IAS_V-1514-001.
Relationship to Profession, IAS_V-1515-003.
Vehicular Homicide, IAS_V-1516-001.
Criminal Plea —
Appellate Court Review of Does Not Preclude Administrative Discipline Based On, IAS_V-1517-001.
Does Not Constitute An Admission of Guilt or Direct Evidence of Guilt, IAS_V-1518-001.
Driving Under the Influence (DUI), IAS_V-1519-001.
Moral Turpitude —
Armed Robbery, IAS_V-1520-001.
Delivery Vis Possession of Controlled Substances, IAS_V-1522-001.
Disorderly Conduct — Political Protest — Found Not to Constitute, IAS_V-1523-001.
Misdemeanor Offense Found to Lack Requisite Baseness or Depravity, IAS_V-1524-001.
Opportunity to Explain Circumstances Surrounding the Plea Must Be Accorded, IAS_V-1525-001.
Out-of-State Restoration of Civil Rights Found Not Operative In Florida, IAS_V-1527-001.
Relationship to Profession Construed, IAS_V-1528-002.
Restoration of Civil Rights In Another State In Full Found to Preclude Revocation Based On Earlier Misconduct, IAS_V-1529-001.
Withholding of Adjudication of Guilt Is Immaterial, IAS_V-1530-001.
Worthless Check, IAS_V-1531-001.
Emergency Restriction of License —
Board Order Regarding Modified On Appeal, IAS_V-1532-001.
Emergency Suspension of License, IAS_V-1533-019.
Emergency Suspension of License (See Also PRACTICE & PROCEDURE, Emergency Procedures) —
Appellate Court Stay of — Interim Restrictions Imposed, IAS_V-1534-001.
Due Process Rights of Licensee Examined, IAS_V-1535-001.
Every Element Necessary to the Order’s Vitality Must Appear On Its Face, IAS_V-1536-001.
Found to Be Nonfinal Per Se, IAS_V-1537-001.
General Conclusory Prediction of Harm Alone Is Insufficient, IAS_V-1538-001.
Requisite Grounds For Examined, IAS_V-1539-001.
Sexual Misconduct — Physician Ultimately Exonerated, IAS_V-1541-001.
Ethical Standards —
Need Not Be Promulgated As Rules, IAS_V-1542-001.
Violation of Forms a Basis For Discipline, IAS_V-1543-001.
Exacerbating Factors (See Also Mitigating Factors) —
Actual Knowledge of Violation, IAS_V-1544-001.
Egregious Misconduct, IAS_V-1546-002.
Failure to —
Complete Previously-Imposed Probation, IAS_V-1547-001.
Correct Deficiencies, IAS_V-1548-001.
Fraudulent Conduct, IAS_V-1549-002.
Good Moral Character, IAS_V-1550-001.
Harm to Public, IAS_V-1551-003.
Intentional Misconduct, IAS_V-1552-002.
Lack of Candor, IAS_V-1553-001.
Lack of Remorse, IAS_V-1554-001.
Negligent Conduct, IAS_V-1555-001.
Numerous Counts Found Established, IAS_V-1556-001.
Previous Discipline, IAS_V-1557-002.
Refusal of Therapy, IAS_V-1558-001.
Repetitious Misconduct, IAS_V-1559-009.
Specific Intent Is An Essential Element, IAS_V-1560-003.
Normally a Fact Question, IAS_V-1561-001.
Seldom Susceptible of Direct Proof — Usually Shown By Circumstantial Evidence, IAS_V-1562-002.
Jurisdiction (See Also APPELLATE REVIEW; PRACTICE & PROCEDURE) —
Conduct Outside or Beyond Scope of License Can Be Reached, IAS_V-1563-001.
Conduct Prior to Licensure, IAS_V-1564-001.
Expiration of License Found to Divest Jurisdiction — Bd. of Employee Leasing Companies, IAS_V-1565-001.
Expiration of License Precludes Renewal, IAS_V-1566-002.
None to Award Monetary Damages, IAS_V-1567-001.
Revocation of License Does Not Divest Agency of Jurisdiction (To Impose Additional Penalties), IAS_V-1568-001.
Single Act Alone Can Be Sufficient For, IAS_V-1569-001.
Licensee Presumed to Know the Law, IAS_V-1570-001.
Mitigating Factors (See Also Exacerbating Factors) —
Absence of —
Actual Harm to Public, IAS_V-1571-005.
Pecuniary Benefit, IAS_V-1572-002.
Previous Discipline, IAS_V-1573-008.
Previous Discipline After Many Years of Service, IAS_V-1574-001.
Agency Failure to Prove Various Charges, IAS_V-1575-001.
Assumption of Responsibilities of Marriage & Fatherhood, IAS_V-1576-001.
Character Witnesses Who Are Persuasive, IAS_V-1577-001.
Cooperation With Dept. Is a Mitigating Factor, IAS_V-1578-001.
Existence of An Emergency, IAS_V-1579-001.
Failure to Prove All Allegations In a Complaint, IAS_V-1580-001.
Inadvertent Violation, IAS_V-1581-001.
Isolated Incident In Long Career, IAS_V-1582-001.
Isolated Incident a Long Time Ago, IAS_V-1583-001.
Isolated Infraction, IAS_V-1584-002.
Multiple Violations Arising Out of a Single Transaction, IAS_V-1585-001.
Passage of Time, IAS_V-1586-001.
Poor Judgment, IAS_V-1587-001.
Preventative Measures, IAS_V-1588-001.
Prompt Corrective Action, IAS_V-1589-005.
Psychological Counseling, IAS_V-1590-001.
Technical Violation Only, IAS_V-1593-001.
Moral Character —
Good Moral Character Discussed, IAS_V-1594-001.
Previous Discipline Does Not Create a Presumption of, IAS_V-1595-001.
Penalty (See Also CONSTITUTION (U.S.), Excessive Fines; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
An Agency Has No Inherent Power to Impose — Must Be Expressly Authorized By Statute, IAS_V-1596-001.
Complaint Must Give Notice of What Penalties Are Being Sought, IAS_V-1597-002.
Inability to Pay Is Not a Defense, IAS_V-1598-001.
Fine — Cannot Exceed Amount Specified In the Complaint, IAS_V-1599-001.
Increased Penalty Based On Matters Outside the Complaint Reversed, IAS_V-1600-001.
Previous Discipline, IAS_V-1601-001.
Restitution Order Reversed As Unauthorized, IAS_V-1602-001.
Reversed After Some Charges Were Overturned, IAS_V-1603-001.
Reversed For Failure to Follow Precedents, IAS_V-1604-001.
Stay Pending Appeal Granted, IAS_V-1605-001.
Cannot Be For An Indefinite Period, IAS_V-1606-001.
Cannot Be Made Contingent On Payment of a Fine, IAS_V-1607-001.
Purpose of Is to Protect the Public Not to Collect Fines, IAS_V-1608-001.
Reversed As Inappropriate Under Facts At Bar, IAS_V-1609-001.
Wisdom – Not Arbitrariness – Should Be Used For Prevention – Not Retribution, IAS_V-1610-001.
Reinstatement After Revocation —
Rule Regarding Challenged, IAS_V-1611-001.
Repeat Offense — Charge of —
Settlement of An Earlier Charge Without Admission of Liability Does Not Render a Subsequent Charge “Repeat”, IAS_V-1612-001.
Minor Offense — Mitigation, IAS_V-1613-001.
Revocation (See also Reinstatement After Revocation) —
A Drastic Penalty Reserved For the Most Grievous Violations, IAS_V-1614-003.
Abuse of Discretion Found — Retroactive Revocation — EPC — Sexual Misconduct, IAS_V-1615-001.
Normally Requires Actual Harm, IAS_V-1617-001.
Past Violations Are Relevant to Determination of Whether This Penalty Is Warranted, IAS_V-1618-001.
Permanent Revocation Found to Be Too Harsh, IAS_V-1619-001.
Reinstatement of License Pending Appellate Review — Failure to Notify Bd. of Conclusion of Appellate Process, IAS_V-1620-001.
Requires Grievous Misconduct, IAS_V-1621-001.
Retroactive to Starting Date When Conduct Was Occurring, IAS_V-1622-001.
Risk of Must Be Noticed In the Complaint, IAS_V-1623-001.
Sexual Contact With Minor — Education Practices Comm. (EPC) Final Order Set As Arbitrary, IAS_V-1624-001.
When Appropriate Examined, IAS_V-1625-001.
Temporary License —
Intent to Terminate Distinguished From Final, Actual Termination, IAS_V-1626-001.
Request For Formal Hearing Tolls Nonemergency Agency Action, IAS_V-1627-001.
Validity of Is Not Vitiated Without a Hearing Absent Emergency Proceedings, IAS_V-1628-002.
Unacceptable Level of Care —
Basis For Evaluation of, IAS_V-1629-001.
Vicarious Liability —
Corporate Officer — Illegal Security Offering, IAS_V-1630-001.
Corporate Trustees & Limited Partners Personally, IAS_V-1631-001.
Statutory Basis For Found Prerequisite, IAS_V-1632-001.
Statutory Basis For Is Required, IAS_V-1633-001.
EDUCATION PRACTICES Comm. (EPC) (See Also CERTIFICATE (Teaching); EDUCATION, Dept. of; SCHOOL BOARDS)
DOE Appeal of EPC Retroactive Revocation For Sexual Contact With Minor —
Revocation For Sexual Contact With Minor —
EPC Final Order Set Aside, IAS_V-1634-001.
EPC Denial of Certificate —
Extensive Criminal History — Affirmed, IAS_V-1635-001.
Incorrect Citation to Rule Violation Corrected — Order Otherwise Affirmed, IAS_V-1636-001.
Sexual Misconduct —
Marriage to 16-Year-Old Student —
Domestic Violence, IAS_V-1637-001.
Stay Granted Pending Appeal, IAS_V-1638-001.
EDUCATION, Dept. of (See Also EDUCATION PRACTICES Comm.; SCHOOL BOARDS)
Auditor General —
Charlotte County School Dist. — Improper Reporting of Full-Time Equivalent Students —
Report Confirmed/Repayment of Funds Waived, IAS_V-1639-001.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statement —
Special Programs & Procedures Documents — Statement Not Granted, IAS_V-1640-001.
Disabilities Education Act (See SCHOOL BOARDS)
Public Financing of Political Campaigns —
Commissioner Brogan Overturns Div. of Elections Declaratory Statement Regarding On Appeal, IAS_V-1641-001.
School Vouchers — Challenge to Facial Constitutionality of —
Constitutional Requirement For Free Public Schools Does Not Contemplate Public Programs That Pay For Private Schools, IAS_V-1642-001.
Tax Dollars May Not Be Used to Send Fla. Students to Private Schools, IAS_V-1643-001.
Student Financial Assistance Appeals Committee —
Bright Future Scholarship — No Medical Emergency Exemption From Qualification Requirements, IAS_V-1644-001.
Repayment Obligation Canceled After Participation In a Federally Funded Job Training Program, IAS_V-1645-001.
Student Financial Assistance Default —
Forfeiture of Lottery Prize —
Bankruptcy — Claim of Discharge Rejected, IAS_V-1646-001.
Current Wage Garnishment Program Found Immaterial, IAS_V-1647-001.
Found Authorized, IAS_V-1648-001.
Failure to Report In-Kind Contribution — Free Copies of Free Newsletter — Editorial Endorsement, IAS_V-1649-001.
Discipline Against Former Licensee Found Barred By Statute, IAS_V-1650-001.
By Endorsement —
Equivalency Between Testing Regimes Found Not Established, IAS_V-1651-001.
Out-of-State — Grading — Veteran’s Preference, IAS_V-1652-001.
ENVIRONMENTAL PROTECTION, Dept. of (DEP) (See Also ATTORNEY GENERAL’S OPINIONS; CONTRACTS (Bids/Protests); DECLARATORY STATEMENTS; INTERNAL IMPROVEMENT TRUST FUND; MARINE FISHERIES Comm.; PERMITS; SITING Bd.)
§1983 Action Against Secretary & Other Administrators Personally —
Circuit Court Denial of Motion to Dismiss Reversed, IAS_V-1653-001.
Relationship to a Private Individual’s Public Nuisance Action Under Chapter 823, IAS_V-1654-001.
Relationship to the Right to Farm Act, IAS_V-1655-001.
1998-99 Priority Lists For Wastewater & Stormwater Treatment, IAS_V-1656-001.
2000 Revolving Loan Priority List, IAS_V-1657-001.
2000 Revolving Loan Priority List — Wastewater Projects, IAS_V-1658-001.
2000-2001 Regional Mitigation Plan —
DOT Transportation Projects — Amendment — N.W. Fla. Water Management Projects, IAS_V-1659-002.
DOT Transportation Projects — S.W. Fla. Water Management Dist., IAS_V-1660-002.
DOT Transportation Projects — St. Johns River Water Management Dist., IAS_V-1661-001.
Appellate Review (See Also APPELLATE REVIEW) —
Stay Pending — Contract — Bid Protest — Denied, IAS_V-1662-001.
Worldwide Investment Group, Inc. v. DEP Affirmed Per Curiam, IAS_V-1663-001.
Assessment For Cleanup Costs & Damages to Natural Resources —
Abandoned Drum — DEP Emergency Response, IAS_V-1664-001.
Abandoned Drums — Hazardous Waste — DEP Emergency Response, IAS_V-1665-004.
Airplane Crash In Coastal Waters Off Ft. Lauderdale, IAS_V-1666-001.
Contamination of Former Battery Processing Operation Site — Water Quality Assurance Act —
Circuit Court Summary Judgment Against DEP Reversed, IAS_V-1667-001.
DEP Need Not Prove Negligence, IAS_V-1668-001.
Diesel Fuel & Hydraulic Oil Spilled At Truck Accident, IAS_V-1669-001.
Landlord Found Not Vicariously Liable For Actions of Tenant, IAS_V-1670-001.
Ownership of a Property Alone Is Not a Basis For Liability, IAS_V-1671-002.
Petroleum Derivatives Are Considered Pollutants, IAS_V-1672-001.
Shrimp Trawler Runs Aground & Spills Diesel — Assessment Upheld, IAS_V-1673-001.
Third Defense Found Not Established, IAS_V-1674-001.
Use of Monies From Water Quality Assurance Trust Fund, IAS_V-1675-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Circuit Court Award Pursuant to §73 — DEP Access to Property to Investigate & Remediate Petroleum Contamination — Neither Eminent Domain Action Nor Taking Found to Be Involved — Reversed, IAS_V-1676-001.
Prior Order Dismissing Motion For Vacated — Remand to DOAH, IAS_V-1677-001.
Challenge to 1995 Report Delineating Ground & Surface Water Impact From Industrial Discharge Into the Fenholoway River, IAS_V-1678-001.
Circuit Court Civil Complaint —
Nonfinal Order Finding DEP Denial of Dredge & Fill Permit Constituted a Taking Reversed, IAS_V-1679-001.
Circuit Court Complaint (See Enforcement)
Circuit Court Criminal Complaint —
Dredge & Fill — Failure to Comply With Permit Conditions —
Criminal Liability Requires Proof of a “Willful” Violation, IAS_V-1680-001.
Employee of Permit Holder — Defendant’s Motion to Dismiss Denied, IAS_V-1681-001.
Dredge & Fill Without Requisite Permit —
Circuit Court Finding That §403 Provision For Criminal Sanctions Is Unconstitutional Reversed, IAS_V-1682-001.
Circuit Court Suit Alleging DEP Denial of Dredge & Fill Permit Constituted a “Taking” —
Circuit Court Finds a Compensable “Taking”, IAS_V-1683-001.
Taking (See Also TAKING (CONDEMNATION) (INVERSE CONDEMNATION))
Circuit Court Suit On Behalf of State of Fla. Alleging That the Sugar Industry Maintains a Public Nuisance —
Appellate Court Order On Motion For Rehearing En Banc, and Certification —
Earlier Opinion Published At 20 FALR 1219 Withdrawn — Substitute Opinion Entered With Same Result, IAS_V-1684-001.
Contract (See CONTRACTS (Bids/Protests))
Costs of DEP Cleanup —
Abandoned Drums — DEP Emergency Response, IAS_V-1685-001.
Airplane Crash In Coastal Waters Off Ft. Lauderdale, IAS_V-1686-001.
Contamination of Former Battery Processing Operation Site — Water Quality Assurance Act —
Circuit Court Summary Judgment Against DEP Reversed, IAS_V-1687-001.
Declaratory Statements (See DECLARATORY STATEMENTS)
Delegation of Permitting Authority to Water Management Districts —
DEP Is Not Per Se Subject to Resultant Regulatory Authority of a District, IAS_V-1688-001.
Dry Cleaning Solvents Cleanup Program —
1995 Statutory Revisions to This Program Examined, IAS_V-1689-001.
Applicant Has the Ultimate Burden of Proof, IAS_V-1690-002.
County Challenge to DEP Reimbursement Rejected, IAS_V-1691-004.
Deadlines Cannot Be Waived On the Basis of Equitable Estoppel, IAS_V-1692-001.
Decision to Apply For State-Administered Remediation In Lieu of Self-Help Found Not to Constitute “Gross Negligence”, IAS_V-1693-001.
Eligibility For DEP Reimbursement As Bar to County Enforcement Efforts Examined, IAS_V-1694-001.
Establishment & Effect of a Prima Facie Case of Entitlement, IAS_V-1695-001.
Excusable Neglect Found Inapplicable, IAS_V-1696-001.
Failure to Timely Assess & Remediate a Site, IAS_V-1697-002.
Gross Negligence — Failure to Comply With County Directives Does Not Constitute, IAS_V-1698-001.
Grossly Negligent Operation, IAS_V-1699-001.
History Behind This Program Examined, IAS_V-1700-001.
Preemption of Local Regulation Examined, IAS_V-1701-001.
Secondary Containment Structures Discussed, IAS_V-1702-001.
State Program Found to Preempt County Action, IAS_V-1703-001.
Statute Governing Found Applicable Retroactively, IAS_V-1704-001.
Statutory Provisions Are Remedial & Applicable Retroactively, IAS_V-1705-001.
Untimely Petition For Denied, IAS_V-1706-001.
Willful Defined, IAS_V-1707-002.
Willful Discharge of Solvents, IAS_V-1708-001.
Written Notice of Statutory Deadlines Need Not Be Given By the Dept., IAS_V-1709-001.
Emergency Final Order (See Also PRACTICE & PROCEDURE) —
Authorization For Disposal of Debris From Storm Events In Monroe & Dade Counties, IAS_V-1710-001.
Authorization For Operation of Inlet Air Foggers At Power Plant, IAS_V-1711-001.
Authorization For Repairs Made Necessary By Hurricane Earl, IAS_V-1712-001.
Authorization For Temporary Pumping Necessary to Extinguish Muck Fires, IAS_V-1713-002.
Authorization to Construct An Emergency Outfall — Sewer Main Rupture — Cooper City/Davie, IAS_V-1714-001.
Authorization to Discharge From Private Martin County Wastewater Utility, IAS_V-1715-001.
Authorization to Lower Water Levels of Lakes Apopka & Dora, IAS_V-1716-001.
Authorization to Operate Pump Station to Alleviate Hydrological Conditions In Vicinity of Cape Sable Seaside Sparrow, IAS_V-1717-001.
Authorization to Repair Rupture In a Sewage Line In Biscayne Bay, IAS_V-1718-001.
Controlled Discharge From Fort Myers Sewer Treatment Plant — Extreme Flooding — Caloosahatchee River, IAS_V-1719-001.
Discharge of Reuse & Stormwater Into the Caloosahatchee River, IAS_V-1720-001.
Extension — Authorization For Repairs, Replacement, Restoration and Certain Other Measures Made Necessary By Hurricane Georges (Other Than Monroe County), IAS_V-1721-001.
Hurricane Floyd, IAS_V-1722-001.
Hurricane Irene, IAS_V-1723-003.
Incineration of Bird Carcasses At Farm, IAS_V-1724-001.
Rupture of Private Dam At Lake Apopka, IAS_V-1725-001.
Second — Authorization for Removal of Beached Vessels — Hurricane Earl, IAS_V-1726-001.
Recoupment of Salary Overpayment Ordered, IAS_V-1727-001.
Circuit Court Civil Complaint–
Discharge of Hazardous Substances Into Groundwater — Circuit Court Summary Judgment Finding DEP Action Barred By Statute of Limitations Reversed, IAS_V-1728-001.
Statute of Limitations — Does Not Begin to Run Until Discharge Ceases, IAS_V-1729-001.
Circuit Court Dismissal of Action Against Corporate Officers —
Private Wastewater Utility — Reversed, IAS_V-1730-001.
Circuit Court Dismissal of Action Against Multiple Trucking Companies Involved In Spill of Hazardous Substances —
Burden/Shifting Between Multiple Defendants Examined, IAS_V-1731-001.
Joint & Severable Liability Examined, IAS_V-1732-001.
Circuit Court Enforcement Action —
Manufacturer of Hazardous or Toxic Chemicals Found Not Liable For Spill Caused By Shipper During Unloading, IAS_V-1733-001.
Circuit Court Suit On Behalf of State of Fla. Alleging That the Sugar Industry Maintains a Public Nuisance —
Circuit Court Dismissal After a Hearing Reversed, IAS_V-1734-001.
DEP Claim For Cleanup & Removal Costs — Drum — Gasoline — Dismissed, IAS_V-1735-001.
Failure to Pay Civil Penalties — Consent Order — Dispute Over Late Charges, IAS_V-1736-001.
Personal Liability of Corporate Officers —
Plain Statutory Language Found to Create, IAS_V-1737-001.
Everglades Protection Area —
DEP Duty to Maximize Returns From Public & Private Expenditures Examined, IAS_V-1738-001.
DEP Has No Mandate to Establish Numeric Standards For Phosphorous, IAS_V-1739-001.
Final Order Upon Appellate Remand —
DEP v. Belleau, IAS_V-1740-001.
Florida Right to Farm Act —
As a Defense to Citizen Public Nuisance Claims On Behalf of the State Examined, IAS_V-1741-001.
§403 to Be Liberally Construed In Favor of Public Interest, IAS_V-1742-002.
Balancing of Policy Interests, IAS_V-1743-001.
None to Consider Aesthetics, IAS_V-1744-001.
None to Consider Compliance With Federal Regulations, IAS_V-1745-002.
None to Consider Impact On Property Values On Traffic Congestion, IAS_V-1746-001.
None to Require Local Approval As a Prerequisite to DEP Approval, IAS_V-1747-001.
None to Resolve Property Disputes or Ownership Rights, IAS_V-1748-007.
To Consider a Permit Applicant’s Past Misconduct, IAS_V-1749-001.
Wetlands — Delineation of, IAS_V-1750-001.
Withdrawal of Permit Application Divests DEP Jurisdiction, IAS_V-1751-001.
Saltwater Products —
Fishing a Banned Net — Suspension Reversed For Lack of Statutorily-Required “Criminal Conviction”, IAS_V-1752-001.
Live Sand — Collection of, IAS_V-1753-001.
Untagged Crawfish Traps, IAS_V-1754-001.
Violation of Constitutional Net Ban — Discipline of License Requires Circuit Court Conviction, IAS_V-1755-001.
Shellfish Processing Plant Certification —
Objectionable Conditions & Practices, IAS_V-1756-001.
Wastewater Treatment Plant Operator —
Exam — Challenge to Grading, IAS_V-1757-001.
Marine Patrol —
Citation For Operating An Unregistered Vessel In State Waters, IAS_V-1758-001.
Constitutional Net Limitation —
Carriage of Proscribed Nets Across State Waters — County Court Declaration That §370.092 Is Unconstitutional As Vague Reversed, IAS_V-1759-001.
Circuit Court Vacation of Automatic Stay During Appeal Reversed — Injunction Prohibiting Enforcement, IAS_V-1760-001.
Discipline of License Based On Violation of — Circuit Court Conviction Is a Prerequisite, IAS_V-1761-001.
Rule — Proposed Amendment — Definition of Other Entangling Nets — DOAH Validation Affirmed, IAS_V-1762-001.
Operation of Vessel In Territorial Waters Without Proper Registration, IAS_V-1763-001.
Notice of Violation/Order For Corrective Action —
Dry Cleaning Solvents In Monitoring Well —
Order For Corrective Action Reversed On Basis of Improper Rejection of DOAH Findings & Inadequacies In Complaint, IAS_V-1764-001.
Investigatory Costs — DEP —
Found Not Recoverable Due to Failure to Properly Plead In the Complaint, IAS_V-1765-001.
Petroleum Storage Facility, IAS_V-1766-001.
Time Limit For Corrective Action —
Reasonable Time Limit Implied Absent Express Time Limit, IAS_V-1767-001.
Oral Argument Before the Secretary Denied, IAS_V-1768-001.
Order On Motions For Rehearing, Clarification or Certification: Coastal Petroleum Co. v. Fla. Wildlife Federation, et al., IAS_V-1769-001.
Permit (See Also PERMITS) —
Applicant — Sufficient “Title Interest” Found Over Contrary Initial DEP Finding, IAS_V-1770-001.
Construction (See Also PERMITS) —
Non-Everglades — Denial of Miccosukee Indian Tribe Challenge Affirmed, IAS_V-1771-001.
South Florida Water Management Dist. Permit For Everglades Restoration Project, IAS_V-1772-001.
Dredge & Fill (See Also PERMITS) —
Bridge — Road Project – DOT, IAS_V-1773-001.
Dead-Head Logging No Longer Permitted, IAS_V-1774-001.
Dock — Homeowner’s Association In Residential Subdivision, IAS_V-1775-001.
Drilling — Offshore — Oil & Gas —
Challenge to DEP Request For Additional Information Dismissed, IAS_V-1776-001.
DEP Denial In Deviation From Past Practice Affirmed, IAS_V-1777-001.
Request From So. Fla. Water Management Dist. For Authorization to Operate & Maintain Water Control Structures Discharging Into Everglades Protection Area, IAS_V-1778-001.
Petroleum Product Cleanup (See Also DECLARATORY STATEMENTS) —
Abandoned Tank Restoration Program —
Automotive Transmission Shop, IAS_V-1779-001.
DEP Distinction Between “Used Oil” & “Waste Oil” Found to Offend Legislative Intent, IAS_V-1780-001.
History Behind This Program Examined, IAS_V-1781-001.
Legislative Intent Behind This Program Examined, IAS_V-1782-001.
Petition For Hearing Denied On Basis of Res Judicata, IAS_V-1783-001.
Applicant Has the Burden of Proof, IAS_V-1784-001.
Early Detection Incentive (EDI) Program —
1996 Statutory Amendments Found Not to Be Retroactive, IAS_V-1785-001.
Applicant Has the Burden of Proof, IAS_V-1786-001.
Failure to Timely File Report, IAS_V-1787-001.
Purpose of EDI Program Examined, IAS_V-1788-001.
Fla. Coastal Protection Trust Fund —
Commercial Divers — Fuel Discharge — Failure to Obtain Prior DEP Approval — Reimbursement Denied, IAS_V-1789-001.
Good Samaritan Statute —
Denial of Request For Hearing As Premature Remanded, IAS_V-1790-001.
Inland Protection Financing Corporation —
Purpose of Examined, IAS_V-1791-001.
Restoration of Contaminated Lands & Water For Protection & Conservation Is a Capital Project, IAS_V-1792-001.
Status As a Public Benefits Corporation Examined, IAS_V-1793-001.
Supreme Court Affirms Circuit Court Validation of Revenue Bonds, IAS_V-1794-001.
Inland Protection Trust Fund —
Challenge to Denial of Certain Cleanup Costs Rejected, IAS_V-1795-002.
Challenge to Denial of Reimbursement of Certain Cleanup Costs Accepted & Rejected In Part, IAS_V-1796-001.
Contractor Challenge to Amount of Reimbursement After Negotiating Check Denied, IAS_V-1797-001.
Factoring Discussed & Found Not to Be Reimbursable, IAS_V-1798-001.
Factoring of Invoices, IAS_V-1799-001.
History & Mechanics of This Program Examined, IAS_V-1800-003.
Legislature Has Directed Payment of the Present Value of Allowed But Unpaid Claims, IAS_V-1801-001.
Mechanics of Fund Examined, IAS_V-1802-001.
Purpose of Fund Examined, IAS_V-1803-004.
Reimbursement — Mechanics of Examined, IAS_V-1804-001.
Reimbursement Denied — Untimely Filing, IAS_V-1805-001.
Untimely Request For — Denied, IAS_V-1806-001.
Willful Defined, IAS_V-1807-001.
Petroleum Cleanup Participation Program (PCPP) —
Markups (First Tier) Denied, IAS_V-1808-001.
Mechanics of Plan Examined, IAS_V-1809-001.
Pre-Approval of Cleanup Expenses Is a Prerequisite to Reimbursement, IAS_V-1810-001.
Purpose of PCPP Examined, IAS_V-1811-001.
Untimely Request For — After-the-Fact Request For Extension of Time Denied, IAS_V-1812-001.
Untimely Request For — Denied, IAS_V-1813-002.
Petroleum Product Spill Cleanup Reimbursement — Reimbursement Partially Denied, IAS_V-1814-001.
Priority List For Rural Hardship Community Grant —
Priority List Approved, IAS_V-1815-001.
Request For Hearing —
Dismissed As Deficient, IAS_V-1816-002.
Dismissed As Deficient & Untimely, IAS_V-1817-001.
Dismissed As Untimely, IAS_V-1818-003.
Request For Rulemaking —
Amendment of Mixing Zone Requirement For Chief Operator’s Physical Presence Daily — Granted, IAS_V-1819-001.
Intrastate Hazardous Liquid Pipelines — Safety Standards, IAS_V-1820-001.
Rule Variance or Waiver (See Also RULES & RULEMAKING) —
Bd. of Trustees — Limits On Construction of Docks On Undeveloped Coastal Islands — Dismissed, IAS_V-1821-001.
Biological Waste Incinerator — Dead Animals — Particulate Matter Standards, IAS_V-1822-001.
City of Ocala — Delegation From St. Johns River Water Management Dist. — Stormwater Environmental Resource Permit — Karst Sensitive Areas — Granted, IAS_V-1823-001.
Coastal Construction Control Line (CCCL) — Rebuilding of Damaged Structure Below Wave Crest of 100-Year Storm Above Nonconforming Foundation — Granted, IAS_V-1824-001.
Coastal Construction Control Line — Second Story Without Meeting Current Structural Standards — Granted, IAS_V-1825-001.
Construction of Bulkhead to Protect Existing Swimming Pool, IAS_V-1826-001.
Dock — Replacement Structure — Commercial, IAS_V-1827-001.
Dredge & Fill — Banana Creek — Shellfish Harvesting Area — Granted, IAS_V-1828-001.
Dredge & Fill — Channel — Creek — Duval County — Denied, IAS_V-1829-001.
Dredge & Fill — Mixing Zone, IAS_V-1830-001.
Dredge & Fill — Mixing Zones — Limits — Granted, IAS_V-1831-001.
Dredge & Fill — Shellfish Harvesting Area — Granted, IAS_V-1832-001.
Dredge & Fill — Temporary Mixing Zone — Beach Renourishment Project — Granted, IAS_V-1833-001.
Emergency — Correction of Bacteria Exceedance As Precondition For Inclusion On State Drinking Water Priority List, IAS_V-1834-001.
Emergency — Prohibition On Placement of An Above Ground Storage Tank Within a Wellhead Protection Area — Granted, IAS_V-1835-001.
Environmental Resource — Time Frame For Correcting An Incomplete Application, IAS_V-1836-001.
Extension of Residential Dock Into Aquatic Preserve — Denied, IAS_V-1837-001.
Injection Wells — Maximum Contaminant Level For Color, IAS_V-1838-001.
Injection Wells — Secondary Drinking Water Standard for pH, IAS_V-1839-001.
Landfill — Solid Waste Facility — Application — Requirement For a Geotechnical Investigation — Granted, IAS_V-1840-001.
Mine Reclamation — Completion Deadline — Granted, IAS_V-1841-001.
Municipal Waste Combustion — Removal of Mercury From Waste Stream — Emission Testing — Granted, IAS_V-1842-001.
Petroleum Storage Tanks — Aboveground — Upgrade Requirements — Granted, IAS_V-1843-001.
Prohibition On Issuance of a Permit to Dredge & Fill In Class II Waters Approved For Shellfish Harvesting Area — Granted, IAS_V-1844-001.
Prohibition On Discharge Into Groundwater Causing Water Quality Violations — Denied, IAS_V-1845-001.
Prohibition On Placement of An Underground Storage Tank Within Wellhead Protection Area — Granted, IAS_V-1846-002.
Prohibition On Storage or Disposal of Solid Waste Within 200 Ft. of a Waterbody or 500 Ft. of a Well, IAS_V-1847-001.
Prohibition On Zone of Discharge Through Wells — Remedial Technology — Emergency Variance Denied — Review Granted, IAS_V-1848-002.
Prohibition On a Zone of Discharge Through Injection Wells — Granted, IAS_V-1849-023.
Public Water Systems — Location of Pumping Station Above 100 Yr. Flood Elevation — Granted, IAS_V-1850-002.
Rapid Infiltration Basin — Setback From Property Line — Denied, IAS_V-1851-001.
Requirement That Raw Water For a Public Water System Shall Be Obtained From Wells No Closer Than 100 Feet From Other Sanitary Hazards — Granted & Denied In Part, IAS_V-1852-001.
Revolving Loan Priority List — Bacteria Exceedance — Granted, IAS_V-1853-003.
Solid Waste Recycling Within 200 Feet of Water Body — Granted, IAS_V-1854-001.
Specific Conductance Requirements For the Receiving Waters of Piney Point Phosphates – Denied, IAS_V-1855-001.
Sulfur Storage & Handling Facility — Postconstruction Air Quality & Disposition Monitoring — Granted, IAS_V-1856-001.
Surface Water Management — City Seeks For Delegation From Water Management Dist. —
Ocala — Karst Area Basin — Granted, IAS_V-1857-001.
Wastewater Residuals — Labelling Requirements — Denied, IAS_V-1858-001.
Wastewater Treatment Plant — Requirement For Lead/Chief Operator — Granted & Denied In Part, IAS_V-1859-001.
Wastewater Treatment Plant — Staff Requirements — Granted, IAS_V-1860-003.
Water Quality Exemption — West Palm Beach Wellfield — Color Units, IAS_V-1861-001.
Water Quality Exemption For Discharge Into Class G-II Groundwater — Broward County — Granted, IAS_V-1862-001.
Water Treatment Plant — Requirement For Chief Operator’s Physical Presence Daily — Granted, IAS_V-1863-001.
Sovereign Submerged Land (See INTERNAL IMPROVEMENT TRUST FUND)
Water Pollution —
Status of Freshwater Discharged From Water Control Structures Into a River As a “Contaminant”, IAS_V-1864-001.
Statute of Limitations —
Does Not Begin to Run Until Harm Is Abated, IAS_V-1865-001.
Constitutional Challenge to §112.313(4) As Vague Rejected, IAS_V-1866-001.
Private Citizens Lack Standing to Enforce Provisions of, IAS_V-1867-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§112.317(8) Petition For Attorney’s Fees —
Appellate Review — Granted, IAS_V-1868-001.
Eight (8) Part Test For Determining Examined, IAS_V-1870-001.
Failure to Prove Up At DOAH Hearing Found Fatal, IAS_V-1871-001.
Fee Agreement Between the Parties Is Not Dispositive, IAS_V-1872-001.
Methodology For Determining Discussed, IAS_V-1873-001.
Burden of Proof —
Malicious Intent — Defined, IAS_V-1874-001.
Burden of Proof — Commission —
Clear & Convincing Evidence Found Required In Landmark Appellate Court Case, IAS_V-1876-001.
Clear & Convincing Evidence Is Required, IAS_V-1877-015.
Penal Nature of Commission Censure Examined, IAS_V-1878-001.
Preponderance of the Evidence, IAS_V-1879-002.
Conflict of Interest —
Planning Bd. Member — Failure to Disclose Conflict With Respect to Rezoning, IAS_V-1881-001.
Planning Bd. Member — Representation of Client With Respect to Bar/Restaurant, IAS_V-1882-001.
Conflicting Contractual Relationship —
City Commissioner — Business Owner, IAS_V-1883-002.
Health Dept. Employee Moonlighting As Water Operator & Technician — Conflict Found — Affirmed, IAS_V-1884-001.
Improperly Obtaining a Personal Benefit In the Sale of Real Property, IAS_V-1885-001.
Test For Examined, IAS_V-1886-001.
Three (3) Part Test For, IAS_V-1887-002.
With a Contractor Doing Business With the City, IAS_V-1888-001.
Final Order On Appellate Mandate After DOAH Remand: In Re: Gary Latham —
Reduced Penalty Over DOAH Recommendation Reimposed, IAS_V-1889-001.
Final Order On Appellate Mandate: In Re: James Barker —
Complaint Dismissed, IAS_V-1890-001.
Financial Disclosure —
Failure to Sign & Date — Oversight Found, IAS_V-1891-001.
Florida Bar —
Lacks Jurisdiction to Discipline or Even Investigate Constitutional Officers While They Are In Office, IAS_V-1892-001.
Defined & Discussed, IAS_V-1893-001.
Misuse of Public Position, IAS_V-1894-001.
Misuse of Public Position —
Allowing Staff Attorneys to Represent a Former Private Client In a Private Action, IAS_V-1895-001.
Allowing Use of Town Accounts to Avoid Sales Tax, IAS_V-1896-001.
Corrupt Intent — Establishment of, IAS_V-1897-001.
Corruptly Defined, IAS_V-1898-003.
Corruptly Defined & Found to Require Specific Intent, IAS_V-1899-001.
Defined & Discussed, IAS_V-1900-001.
Failure to Report a Gift — Four (4) Part Test For, IAS_V-1901-005.
Gift — Defined & Discussed, IAS_V-1902-001.
Improper Acceptance of a Gift, IAS_V-1903-001.
Improper Benefit to a Particular Physician, IAS_V-1904-001.
Improper Inclusion of Campaign Resumes In Governmental Mailing, IAS_V-1905-001.
Improper Personal Use of County Cellular Telephone Service, IAS_V-1906-001.
Improperly Obtaining a Personal Benefit In the Sale of Real Property, IAS_V-1907-001.
Improperly Pressuring Upgrade of Wife’s Performance Evaluation, IAS_V-1908-001.
Manipulating City Fiscal Practices In Order to Obtain a Tax Benefit, IAS_V-1909-001.
Recommending a Relative For Public Employment, IAS_V-1910-001.
Sexual Harassment — Defined, IAS_V-1911-001.
Sexual Harassment — Is a Serious Offense, IAS_V-1912-004.
Sexual Harassment of Subordinate Employee, IAS_V-1913-001.
Soliciting Dismissal of a Traffic Citation Against Son, IAS_V-1914-001.
Soliciting Gifts, IAS_V-1915-001.
Soliciting Improper Action — There Is No Distinction Between a Solicitation & “Attempted Solicitation”, IAS_V-1916-001.
Soliciting Tickets to a Professional Basketball Game, IAS_V-1917-001.
Three (3) Part Test For, IAS_V-1918-003.
Use of Government Credit Card For Personal Purchases, IAS_V-1919-001.
Use of Government Resources to Repair a Subordinate’s Car, IAS_V-1920-002.
Use of Government Resources to Tamper With Voter Registration, IAS_V-1921-001.
Use of Public Resources For a Private Purpose Is Not a Violation Per Se, IAS_V-1922-001.
Use of Public Resources In Furtherance of One’s Business, IAS_V-1923-001.
Wrongful Intent Is An Essential Element, IAS_V-1924-001.
Mitigating Factors —
Absence of Advice From Counsel, IAS_V-1925-001.
State Attorney’s Decision Not to Prosecute Is Not One, IAS_V-1926-001.
Penalty (See Also DISCIPLINE; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
De Minimis Violation, IAS_V-1927-001.
Inability to Pay Is Irrelevant, IAS_V-1928-001.
Inability to Pay Is Not a Defense, IAS_V-1929-001.
Isolated Violation, IAS_V-1930-001.
Mechanics of Examined, IAS_V-1931-001.
Previous Discipline — Consideration of, IAS_V-1932-002.
Restitution Penalty Payable to State Not Another Governmental Entity, IAS_V-1933-001.
Restitution Penalty Payable to State Not Improper Donor, IAS_V-1934-001.
Restitution Penalty Payable to State Not Local Municipality, IAS_V-1935-001.
Small Unsophisticated Community — No Excuse, IAS_V-1936-001.
Statutorily Authorized Penalties Examined, IAS_V-1937-001.
Recommending Relative For Public Employment, IAS_V-1938-001.
Unauthorized Compensation, IAS_V-1939-001.
Unauthorized Compensation —
Charges Vacated By Appellate Court, IAS_V-1940-001.
Seeking Payment Without Entitlement to, IAS_V-1941-001.
Inmates Generally Must Complete Their Sentences Before They Are Eligible For a Hearing, IAS_V-1942-001.
Rulemaking Requirements —
Educational Units Are Exempt “From All or Most” §120 Requirements, IAS_V-1943-001.
§120.57 Is Not Available To, IAS_V-1944-001.
Challenge to Discipline Affirmed & Reversed In Part, IAS_V-1945-001.
Acceptance of Unconditional Resignation of Employee Affirmed, IAS_V-1946-001.
Appeal From Free Form Agency Action Dismissed, IAS_V-1947-001.
Competing Bookstore Requests Book Selection Lists From University-Approved Vendor Under Public Records Act (§119) —
Circuit Court Denial of §119 Action Reversed, IAS_V-1948-001.
Employee — Challenge to Dismissal —
Authority Rejection of As Untimely Reversed Due to Defective Final Order, IAS_V-1949-001.
Student — Discipline —
Exclusion of Polygraph & Similar Evidence Affirmed, IAS_V-1950-001.
Public Records Request —
Motion to Compel Production Denied By Circuit Court, IAS_V-1951-001.
Employee Suit Before Public Employees Relations Comm. (PERC) —
PERC Dismissal of Complaint On Basis of Constitutional Issues Reversed —
Drug Testing of City Employees, IAS_V-1952-001.
GAME & FRESH WATER FISH Comm. (See Also PERMITS)
Constitutional Amendment (See Also CONSTITUTION (Fla.)) —
Ballot Initiative Stricken — Fish & Wildlife Conservation Comm., IAS_V-1953-001.
Jurisdiction (See Also DISCIPLINE; PRACTICE & PROCEDURE) —
Comm. Bound By Own Rule, IAS_V-1954-001.
Comm. Finds No Authority For a Rule Variance, IAS_V-1955-001.
Rules or Allegedly Unpromulgated Rules Pursuant to Constitutional Authority —
Not Subject to DOAH Challenge, IAS_V-1956-001.
Statutes Considered In Aid of Construction of Commission Rules, IAS_V-1957-001.
Possession of Captive Wildlife —
Lack of Fitness or Trustworthiness, IAS_V-1958-001.
Hunting Preserve —
Adjacent to Wildlife Management Area, IAS_V-1959-001.
Permit (See Also PERMITS) —
Gopher Tortoise Incidental Take —
Mitigation Fee — Procedure For Determination of, IAS_V-1960-001.
Third Party Protest, IAS_V-1961-001.
Monkey Breeding Facility —
Imposition of Special Permit Conditions, IAS_V-1962-001.
Possession of Captive Wildlife —
Criminal Plea, IAS_V-1963-001.
False Statements On Permit Application, IAS_V-1964-001.
Lack of Requisite Experience, IAS_V-1965-002.
Lack of Requisite Work Experience, IAS_V-1966-001.
Monkey Breeding Facility In Fla. Keys — Renewal Granted, IAS_V-1967-001.
Possession of Wildlife and Venomous Reptiles, IAS_V-1968-001.
Shooting of White Ibis At Homestead Air Reserve —
Request For Permit Withdrawn, IAS_V-1969-001.
To Carry a Firearm In a Wildlife Management Area During Closed Hunting Season
Commission Rules Are Not Subject to DOAH Challenges Regarding Validity Due to Constitutional Genesis, IAS_V-1971-001.
GOVERNOR (See Also CONSTITUTION (Fla.), Executive Branch of Government; EXECUTIVE CLEMENCY BOARD)
Challenge to Governor’s Partial Veto of Appropriation For Extended School Year —
Governor Found to Have Improperly “Restructured” the Appropriation, IAS_V-1972-001.
Specific Appropriation Defined & Discussed, IAS_V-1973-001.
Challenge to Legislative Override of Veto —
Legislative Veto Need Not Occur At Next Special Session — It Can Occur During the Next Regular Session, IAS_V-1974-001.