Continuing Education Providers —
Statutory Authority Is to Approve Courses Not Providers, IAS_VI-0001-001.
Statutory Authority to Approve Courses Examined, IAS_VI-0002-001.
Statutory Enumeration of Approved Providers Does Not Per Se Exclude Those Not Enumerated, IAS_VI-0003-001.
Declaratory Statement (See Also DECLARATORY STATEMENTS)
Bd. Revocation Affirmed As Supported By Competent Substantial Evidence, IAS_VI-0004-001.
Comprehensive Plan — Local (See Also COMMUNITY AFFAIRS, Dept. of) þ-
Cooper City —
Intervenor Challenge to Amendment, IAS_VI-0005-001.
Failure to Submit Evaluation & Appraisal Report (EAR) Found to Void Small Scale Plan Amendments, IAS_VI-0006-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Persons — Defined, IAS_VI-0007-001.
Requisite Data, Studies, etc. —
Best Available Data Found Not to Have Been Utilized, IAS_VI-0008-001.
Data In a Development Agreement May Be Relevant, IAS_VI-0009-001.
New Data Can Be Considered At Formal Hearing, IAS_VI-0010-001.
Wakulla County —
Intervenor Challenge to Amendment — Remedial Amendments Ordered, IAS_VI-0011-001.
Rule Variance or Waiver —
Claim Against Miami-Dade Community College — Petition Dismissed For Lack of Jurisdiction, IAS_VI-0012-001.
ADMINISTRATIVE HEARINGS, Div. of (DOAH) (See Also APPELLATE REVIEW, Reversible Error; CONTRACTS (Bids/Protests), Standard of DOAH Review; PRACTICE & PROCEDURE; Attorney’s Fees & Costs, DOAH, Recommended Order, Evidence, Harmless Error; RULES & RULEMAKING)
Birth-Related Neurological Injury Compensation Plan —
Amended Final Order: Diaz & Kowlessar v. NICA, etc., IAS_VI-0013-001.
Amount of Compensation Due Ascertained, IAS_VI-0014-001.
Appellate Order On Motion For Rehearing En Banc: Adventist Health Systems, Inc., etc. v. NICA, IAS_VI-0015-001.
Appellate Review (See Also APPELLATE REVIEW) —
DOAH Fact Findings Supported By “Some” Competent Substantial Evidence Cannot Be Disturbed, IAS_VI-0016-001.
DOAH Interpretation Is De Novo, IAS_VI-0017-001.
Assertion of NICA Exclusivity Is An Affirmative Defense, IAS_VI-0018-002.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Amount Determined — Methodology Examined, IAS_VI-0019-002.
Bifurcation of Issues of Compensability & Amount of Compensation, IAS_VI-0020-007.
Birth-Related Injury —
Both Substantial Mental & Physical Impairment Is Required, IAS_VI-0021-004.
Cerebral Palsy — Additional Requisite Mental Impairment Found Lacking, IAS_VI-0022-001.
Defined & Discussed, IAS_VI-0023-056.
Found Lacking, IAS_VI-0025-037.
Found Lacking — Reversed, IAS_VI-0026-001.
Mental & Physical Impairment — Conjunctive Nature of This Requirement, IAS_VI-0027-003.
Mental Impairment — Mixed Question of Fact & Law, IAS_VI-0028-001.
No Fault Basis of Coverage Discussed, IAS_VI-0029-001.
Permanent & Substantial Mental or Physical Injury Defined & Discussed, IAS_VI-0030-001.
Substantial Physical & Mental Impairment Is Required, IAS_VI-0031-002.
Burden of Proof —
Compensable Injury —
Actual Expenses Pursuant to §766.31(1)(a) Distinguished From Reasonable Expenses Pursuant to §766.31(1)(c), IAS_VI-0033-001.
Compensation of Parent —
For Caretaking Responsibilities Examined, IAS_VI-0034-001.
For Lindamood-Bell Learning Process Denied, IAS_VI-0035-001.
For Travel Expenses Examined, IAS_VI-0036-001.
Corrected Opinion Entered: Gugelmin, et al. v. NICA, et al., IAS_VI-0037-001.
DOAH Has Exclusive Jurisdiction —
Assertion of Exclusivity of the Plan Is An Affirmative Defense to Civil Suit, IAS_VI-0038-001.
Circuit Court Order Denying Motion to Abate Pending DOAH Action Quashed, IAS_VI-0039-001.
Circuit Court Recovery Found to Bar NICA Claim — 1998 Statutory Amendment Applied Retroactively, IAS_VI-0040-001.
Compensability of the Injury Must Be Determined, IAS_VI-0041-001.
DOAH ALJ Cannot Delve Into Issue of Immunity From Tort Liability, IAS_VI-0042-001.
DOAH ALJ Cannot Require Claimants to Make An Election of Remedies, IAS_VI-0043-001.
DOAH ALJ Is to Determine All Matters Relative to a Claim, IAS_VI-0044-002.
DOAH ALJ Is to Determine An Issue Regarding Estoppel, IAS_VI-0045-001.
DOAH ALJ Is to Determine Whether An Injury Is Compensable & Any Amount of Compensation Due, IAS_VI-0046-001.
DOAH Address of Issues Beyond Compensation of the Injury Reversed, IAS_VI-0047-001.
DOAH Award of Compensation Does Not Depend On Sufficiency of Notice, IAS_VI-0048-001.
DOAH Cannot Address Issues Beyond Compensability of the Injury, IAS_VI-0049-001.
DOAH Determination of Whether Notice of Participation In Plan Was Given, IAS_VI-0050-003.
DOAH Interpretation Is De Novo, IAS_VI-0051-001.
DOAH Intrusion On Circuit Court Jurisdiction Carefully Surveyed, IAS_VI-0052-003.
DOAH Lacks Jurisdiction to Consider Any Issue Relative to Notice, IAS_VI-0053-002.
DOAH Must Consider Issue of Coverage If Plan Exclusivity Is Raised As An Affirmative Defense In a Civil Suit, IAS_VI-0054-001.
Effect of Acceptance of a Settlement In a Medical Malpractice Suit On Entitlement to Benefits, IAS_VI-0055-002.
Limited Ambit of DOAH Jurisdiction Examined, IAS_VI-0056-001.
Scope of Examined, IAS_VI-0057-001.
NICA Has Standing to Challenge a DOAH Final Order, IAS_VI-0058-001.
To Determine Issue of Compensability & Whether the Physician Was a Participating Physician, IAS_VI-0059-001.
Election of Remedies — Decisions Regarding the Domain of Circuit Courts, IAS_VI-0060-001.
Estoppel Found to Be Inapplicable, IAS_VI-0061-001.
Exclusivity of the Remedy Afforded By the Plan — An Affirmative Defense, IAS_VI-0062-001.
Exclusivity of the Remedy Afforded By the Plan — Examined, IAS_VI-0063-009.
Mechanics of Plan Examined, IAS_VI-0064-067.
Medically Necessary & Reasonable Services Defined, IAS_VI-0065-002.
Motion For Summary Judgment Treated As Motion For Summary Final Order, IAS_VI-0066-001.
Multiple Birth Weights Cannot Be Aggregated to Satisfy 2,500 Gram Threshold, IAS_VI-0067-001.
NICA Has Standing to Challenge DOAH Finding That the Alleged Injury Is Not Covered Under the Plan, IAS_VI-0068-001.
Notice — Alleged Deficiency — Burden of Proof, IAS_VI-0069-001.
Notice (See Also DOAH Has Exclusive Jurisdiction)
Notice Requirement — Emergency Medical Condition Requirement, IAS_VI-0070-001.
Notice Requirement — Found Not to Have Been Satisfied, IAS_VI-0071-001.
Notice of Participation In the Plan As a Requisite to Recovery, IAS_VI-0072-009.
Notification of NICA Limitation On Liability —
Condition Precedent to NICA Exclusivity, IAS_VI-0073-008.
DOAH Is Without Jurisdiction to Consider Factual or Legal Issues Regarding Notice, IAS_VI-0074-005.
Each Physician In a Group Must Give, IAS_VI-0075-001.
NICA Can Be Sued & Can Sue — Failure to Provide Physician With Requisite Notice Forms, IAS_VI-0076-001.
Notice — Alleged Deficiency — Burden of Proof, IAS_VI-0077-001.
Notice — Found Adequate Over Contrary DOAH Finding, IAS_VI-0078-001.
Notice — Is Only Relevant to the Defendant’s Assertion of NICA Exclusivity Where the Individual Attempts to Invoke Civil Remedy, IAS_VI-0079-001.
Notice — Of Participation In the Plan As a Requisite to Recovery, IAS_VI-0080-004.
Purpose of This Requirement Examined, IAS_VI-0081-001.
Order On Motion For Clarification – Prior Opinion Withdrawn: Fla. Health Sciences Center, Inc., et al. v. DOAH, et al., IAS_VI-0082-001.
Order On Motion For Rehearing & Clarification: NICA v. Ferguson, IAS_VI-0083-001.
Order On Motion For Rehearing: Bayfront Medical Center, Inc. v. DOAH, et al., IAS_VI-0084-001.
Participating Physician — Defined & Discussed, IAS_VI-0085-005.
Physician Found Not to Be a “Participating Physician”, IAS_VI-0086-003.
Physician Found To Be a “Participating Physician”, IAS_VI-0087-024.
Plan Is to Be Liberally Construed In Favor of the Claimant, IAS_VI-0088-001.
Purpose of Plan — Exhaustively Explained, IAS_VI-0089-001.
Purpose of Plan Examined, IAS_VI-0090-072.
Recoverable Expenses Examined, IAS_VI-0091-001.
Settlement Agreement Approved, IAS_VI-0092-001.
Statute of Limitations Examined, IAS_VI-0093-001.
Statutory Prohibition On Both Civil & NICA Recovery Not Applicable Retroactively, IAS_VI-0094-001.
Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IAS_VI-0095-025.
Untimely Petition Found Time Barred, IAS_VI-0096-001.
Workers’ Compensation Plan —
Caselaw Thereunder Found Analogous, IAS_VI-0097-001.
Consistency of Land Development Regulation (LDR) With Local Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of) —
Escambia County — Failure to Satisfy Condition Precedent of Notice to Local Government, IAS_VI-0098-001.
Escambia County — Petition Dismissed For Lack of Standing, IAS_VI-0099-001.
Exceptional Education Student (See SCHOOL BOARDS, Disabilities Education Act)
Health Maintenance Organization —
Certificate of HMO Coverage — Surgery & Radiation Treatment of Keloids Resulting From Ear Piercing, IAS_VI-0100-001.
Medical Necessity Determination (See HEALTH CARE ADMINISTRATION, Agency For)
Report to the Fla. Land & Water Adjudicatory Comm. —
Community Development Dist. Defined, IAS_VI-0101-001.
Contraction of Gateway Services Dist. Approved, IAS_VI-0102-001.
Contraction of the Tampa Community Development Dist. Recommended, IAS_VI-0103-001.
Establishment of a Community Development Dist. Does Not Constitute a Development Order, IAS_VI-0104-001.
Lakewood Ranch Community Development Dist., IAS_VI-0105-001.
Immediate Final Order — Citrus Canker —
Circuit Court Declaration of §581.184 As Unconstitutional Reversed — §933.07(2) Affirmed As Unconstitutional, IAS_VI-0106-001.
Circuit Court Denial of Dept. Motion to Dismiss Challenge to Emergency Rule Reversed, IAS_VI-0107-002.
Circuit Court Enters Final Summary Judgment In Favor of Dept. In Inverse Condemnation Action, IAS_VI-0108-001.
Circuit Court Order Enjoining Destruction of Trees Vacated, IAS_VI-0109-002.
Courts Will Not Second Guess the Legislature’s Decision Regarding the Underlying Science, IAS_VI-0110-001.
Dept. Must First Obtain Search Warrant — Dept. Cannot Prepare & Execute Warrants Unilaterally, IAS_VI-0111-001.
Dept. Need Not Pay Compensation For the Trees, IAS_VI-0112-001.
Exposed vs. Infected Tree — Scientific Basis Found Adequate, IAS_VI-0113-001.
Just Compensation Is Owed For Trees Having Value, IAS_VI-0114-002.
Magistrates Have Discretion to Include Multiple Properties In Warrants & to Use Electronic Signatures, IAS_VI-0115-001.
Order On Motion For Rehearing: Patchen v. Agriculture & Consumer Services: Rehearing Denied/Certified Question to the Supreme Court, IAS_VI-0116-001.
Order To Destroy Trees — Class Action Inverse Condemnation Claim — Replacement Cost, IAS_VI-0117-001.
Order To Destroy Trees — Upheld, IAS_VI-0118-002.
Sellers of Travel & Business Opportunities — Reversed, IAS_VI-0119-001.
Situation Found Unacceptable As a Matter of Law, Policy & Principal, Yet Upheld, IAS_VI-0120-001.
Statutorily-Required Rulemaking Found Lacking, IAS_VI-0121-001.
Supreme Court Addresses Constitutionality of §581.184 —
4th D.C.A. Holding That §581.184 Was Constitutional Affirmed, IAS_VI-0122-001.
4th D.C.A. Quashal of Circuit Court Order Prohibiting Use of An Electronic Signature On Warrants Affirmed, IAS_VI-0123-001.
4th D.C.A. Quashal of Circuit Court Order Requiring a Separate Warrant For Each Individual Property Affirmed, IAS_VI-0124-001.
Supreme Court Declines to Accept Pass-Through Jurisdiction, IAS_VI-0125-001.
Licensing, Div. of —
Class A Private Investigative Agency —
Operating Without a License, IAS_VI-0126-001.
Class C Private Investigator —
Operating Without a License, IAS_VI-0127-001.
Class E Repossessor —
Operating Without a License, IAS_VI-0128-001.
Final Order Providing That Failure to Pay Fine Shall Result In Automatic Suspension of License Affirmed, IAS_VI-0129-001.
Immediate Final Order, IAS_VI-0130-002.
Travel Agent —
Writ of Mandamas Issued to Compel Grant of Licensure By Default, IAS_VI-0131-001.
Developer’s Agreement Regarding Cement Kiln — Fla. Rock —
Circuit Court Holding That Annexation By City of Newberry Superceded County Authority Over Affirmed, IAS_VI-0132-001.
Special Use Permit —
Cement Kiln — Monitoring Agreement — Annexation — Agreement Deemed Ineffective, IAS_VI-0133-001.
APPELLATE REVIEW (See Also CONSTITUTION (Fla.), Separation of Powers)
Agency Discretion —
Pass-Through Jurisdiction —
Citrus Canker — Declined, IAS_VI-0134-001.
Appellate Court —
Affirmance Without An Opinion Does Not Create Precedents, IAS_VI-0135-001.
Scrivener’s Error Ordered Corrected, IAS_VI-0136-001.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE, Attorney’s Fees & Costs, Appellate Review of Awards)
Requirements For Examined & Found Not Satisfied, IAS_VI-0137-001.
Circuit Court (See Also Nonfinal Order) —
Certiorari (See Also Certiorari) —
Limited Scope of Review Examined, IAS_VI-0138-001.
Continuances — Circuit Court Discretion Regarding Examined, IAS_VI-0139-001.
Cross Appeal —
Time Limits Governing Are Not Jurisdictional, IAS_VI-0140-001.
Declaratory Judgment —
Appropriate Vehicle For Constitutional Challenges, IAS_VI-0141-001.
Test For Sufficiency of Petition For, IAS_VI-0142-001.
Exhaustion of Administrative Remedies (See Exhaustion of Administrative Remedies)
Fact Findings (See Also Fact Findings; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Sufficiency of, IAS_VI-0143-001.
Failure to Enter a Ruling Within a Reasonable Time —
Challenge Alleging Rejected, IAS_VI-0144-001.
Test For, IAS_VI-0145-001.
Against An Agency — Failure to Exhaust Administrative Remedies, IAS_VI-0146-001.
Against An Agency — Reversed, IAS_VI-0147-001.
An Appealable Nonfinal Order, IAS_VI-0148-001.
Equitable In Nature, IAS_VI-0149-001.
Irreparable Harm Must Be Shown, IAS_VI-0150-001.
Matter Within the Trial Court’s Discretion, IAS_VI-0151-001.
Must Be Remedy Narrowly Tailored to Only the Specific Harms Shown, IAS_VI-0152-001.
Notice Requirements Found Not Satisfied, IAS_VI-0153-001.
Permanent — Reversed, IAS_VI-0154-001.
Temporary — Appellate Review of Circuit Court Denial of, IAS_VI-0155-001.
Temporary — Denial Affirmed, IAS_VI-0156-001.
Temporary — Extraordinary & Drastic Remedy to Be Used Sparingly, IAS_VI-0157-001.
Temporary — Four (4) Part Test For, IAS_VI-0158-003.
Temporary — Granted — Reversed, IAS_VI-0159-002.
Judgments Do Not Create Precedents, IAS_VI-0160-001.
Jury Trial —
Order Striking Request For Affirmed — DEP Enforcement Action, IAS_VI-0161-001.
Nonfinal Order (See Also Nonfinal Order) —
Appellate Review Denied, IAS_VI-0162-002.
Appellate Review Found Improper, IAS_VI-0163-005.
Appellate Review Found Proper, IAS_VI-0164-008.
Economic Deprivation Alone Can Justify Appellate Review, IAS_VI-0165-001.
Inverse Condemnation Action — Appellate Jurisdiction Over Found Abolished, IAS_VI-0166-001.
Legislature Is Without Power to Provide For Interlocutory Appeals — Only the Supreme Court Can Authorize, IAS_VI-0167-001.
Order Found Lacking, IAS_VI-0168-001.
Scope of Review Analogous to Certiorari Review, IAS_VI-0170-001.
Prohibition (See Also Prohibition) —
Petition For Denied, IAS_VI-0171-001.
Petition For Granted, IAS_VI-0172-002.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Requirement That a Party Be “Adversely Affected” Examined, IAS_VI-0173-001.
Successor Judge —
Has Power to Vacate or Modify Interlocutory Rulings, IAS_VI-0174-001.
Summary Judgment —
Appellate Review of Is De Novo, IAS_VI-0175-001.
Improper If There Are Disputed Issues of Material Fact, IAS_VI-0176-002.
Agency Challenge to Plaintiff’s Venue Selection, IAS_VI-0177-001.
Agency Challenge to Plaintiff’s Venue Selection — Does Not Waive Jurisdictional Issue Regarding Service of Process, IAS_VI-0178-001.
Agency Challenge to Plaintiff’s Venue Selection — Must Be Timely, IAS_VI-0179-001.
Agency Has the Burden of Proof Regarding Its Right to Home Rule Venue, IAS_VI-0180-001.
Home Venue of Agency’s Headquarters — Purpose of This Requirement, IAS_VI-0181-002.
Sword-Wielder Doctrine — Discussed & Found Inapplicable, IAS_VI-0182-003.
Sword-Wielder Doctrine — Discussed & Found To Be Applicable, IAS_VI-0183-001.
Conclusion of Law (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Review — Is De Novo, IAS_VI-0184-003.
Court Review — Is De Novo, IAS_VI-0185-008.
De Novo Review, IAS_VI-0186-003.
Confession of Error —
Remand For a Corrected Order, IAS_VI-0188-002.
Emergency Final Order (See Also DISCIPLINE, Emergency Final Order; PRACTICE & PROCEDURE, Emergency Procedures) —
Standard of Review Examined, IAS_VI-0189-001.
Exhaustion of Administrative Remedies —
A Matter of Judicial Policy Not Power or Jurisdiction, IAS_VI-0190-004.
A Policy of Judicial Deference, IAS_VI-0191-002.
Adequacy of Remedy, IAS_VI-0192-001.
Adequacy of Remedy —
Five (5) Part Test For, IAS_VI-0193-002.
Application to Voluntary Governmental Associations — Not Just “Agencies”, IAS_VI-0194-001.
Burden of Proof — Is On the Party Seeking to Bypass Administrative Channels, IAS_VI-0195-002.
Constitutional Challenge to Facial Validity of Rule & Statute, IAS_VI-0196-004.
Direct File Exception to Discussed, IAS_VI-0197-001.
Doctrine Found — Applicable, IAS_VI-0199-007.
Doctrine Found — Inapplicable, IAS_VI-0200-002.
Doctrine of Primary Jurisdiction — Distinguished From Exhaustion of Administrative Remedies, IAS_VI-0201-001.
Doctrine of Primary Jurisdiction — Examined, IAS_VI-0202-001.
Harshness of Result Below Found Not to Provide Grounds For Judicial Interference, IAS_VI-0203-001.
Not Required If An Agency Acts With Colorable Statutory Authority or In Excess Thereof, IAS_VI-0204-002.
Not Required If the Administrative Remedy Is Inadequate or Unavailable, IAS_VI-0205-001.
Primary Jurisdiction — Doctrine of Examined, IAS_VI-0206-002.
Rule Challenges, IAS_VI-0207-002.
Rule Challenges — Applicable to, IAS_VI-0208-001.
Waiver of, IAS_VI-0209-001.
Fact Findings (See Also Circuit Court; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Cannot Be Disturbed If Supported By “Some” Competent, Substantial Evidence, IAS_VI-0210-006.
Competent Substantial Evidence Found Lacking, IAS_VI-0211-003.
Court Will Not Reweigh the Evidence, IAS_VI-0212-002.
Record Without Transcript of Hearing Precludes Review of, IAS_VI-0213-001.
An Appellate Court Decision May Be Mandatory, Prohibitory or Declaratory In Form & Shall Provide Whatever Relief Is Appropriate —
Original Form of the Petition Is Immaterial, IAS_VI-0214-001.
Once Obtained By An Appellate Court Any Matter That May Affect the Case Can Be Considered, IAS_VI-0215-001.
Appellate Court — Grant of, IAS_VI-0216-001.
Circuit Court — Denial of Reversed, IAS_VI-0217-001.
Issues Only to Require a Ministerial Duty Imposed By Law On a Public Official, IAS_VI-0219-002.
Nonfinal Order (See Also Circuit Court) —
Appellate Review — Found Not Proper, IAS_VI-0220-004.
Appellate Review — Found Proper, IAS_VI-0221-002.
DOAH — Referring Agency Cannot Review, IAS_VI-0222-001.
Discovery Order — Generally Not Reviewable — But Reviewed On Unusual Facts, IAS_VI-0223-001.
Notice of Appeal —
Filing of Divests Administrative Agency of Jurisdiction, IAS_VI-0224-001.
Motion to Vacate & Reenter Final Order Based On Alleged Nonreceipt of Order Denied, IAS_VI-0225-001.
Time Limit Found Violated, IAS_VI-0226-001.
Penalty (See Also DISCIPLINE; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Review — Need Merely Be Within Permissible Range, IAS_VI-0227-001.
Per Curiam Affirmance Has No Precedential Value, IAS_VI-0228-001.
Preservation of Error For Appeal —
Issues Not Raised & Ruled On Below Cannot Be Reached, IAS_VI-0229-005.
Necessity For a Contemporaneous Objection At Hearing Examined, IAS_VI-0230-001.
Circuit Court Lacks Jurisdiction to Issue If It Lacks Direct Appellate Jurisdiction, IAS_VI-0231-001.
Petition Challenging Matters In An Administrative Action Is Properly Filed In the District Court of Appeal – Not Circuit Court, IAS_VI-0232-001.
Petition For — Denied, IAS_VI-0233-001.
Petition For — Granted, IAS_VI-0234-001.
Preventative Rather Than Curative In Nature — Cannot Be Utilized to Revoke An Order Already Entered, IAS_VI-0235-001.
Writ of Denied, IAS_VI-0236-001.
Appellate Court Cannot Review An Inadequate Record, IAS_VI-0237-004.
Motion For — Denied, IAS_VI-0238-001.
Reversible Error —
DOAH Utilization of Incorrect Standard of Proof, IAS_VI-0239-001.
Rules (See RULES & RULEMAKING, Appellate Review)
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Adversely Affected Standard Defined & Discussed, IAS_VI-0240-001.
Four (4) Part Test For, IAS_VI-0241-001.
Narrower Than For Administrative Proceedings, IAS_VI-0242-003.
Statutes (See Also CONSTITUTION (Fla); STATUTES) —
Agency Construction — Can Be Overturned Unless Clearly Erroneous, IAS_VI-0243-001.
Courts Will Not Decide Constitutional Question If Other Issues Are Determinative, IAS_VI-0244-001.
State Officers & Agencies Lack Standing to Challenge Constitutionality of, IAS_VI-0245-001.
Stay (See Also PRACTICE & PROCEDURE, Intervenors) —
Agency Sua Sponte Grant of Reversed, IAS_VI-0246-001.
Expedited Consideration Discussed, IAS_VI-0248-001.
Must Be Properly Petitioned For — Not Self-Executing, IAS_VI-0250-001.
New Rule of Appellate Procedure 9.190 Discussed, IAS_VI-0251-001.
Reply to Agency’s Response Discussed, IAS_VI-0252-001.
Vacation of Affirmed, IAS_VI-0253-001.
Supreme Court —
Certified Question Jurisdiction —
Motion For, IAS_VI-0254-002.
By Endorsement — Bd. Denial Reversed, IAS_VI-0255-001.
AREA OF CRITICAL STATE CONCERN (See Also COMMUNITY AFFAIRS, Dept. of; MONROE COUNTY)
Florida Keys’ Designation As Examined, IAS_VI-0256-001.
Children & Families —
Child Care Program Operated By YMCA Found Not Exempt From Dept. Licensure, IAS_VI-0257-001.
Foster Home — License Records — §39.202 Found Inapplicable — Confidentiality, IAS_VI-0258-001.
City Attorney —
Local Regulation of Family Day Care Home Cannot Require a Special Exemption or Use Permit or Payment of a Special Fee Above $50, IAS_VI-0259-001.
Cocoa Beach City Attorney —
Student Expulsion Hearings —
Both Formal & Informal Proceedings Are Available, IAS_VI-0260-001.
Hearing Officer Can Conduct the Hearing But the Board Must Make the Final Decision, IAS_VI-0261-001.
Columbia County Attorney —
Regulatory Authority Over Permitted Possession of Wildlife Examined, IAS_VI-0262-001.
Gainesville City Attorney —
Occupational License Tax — Biennial Review Limitation, IAS_VI-0263-001.
Health Care Administration General Counsel —
Copying Charges For Patient Records Pursuant to §395.3025(1) Found Not Subject to Sales Tax, IAS_VI-0264-001.
Health General Counsel —
Question As to Whether Names of Probable Cause Members Can Be Released to Licensee, IAS_VI-0265-001.
Okaloosa County School Bd. Attorney —
Meetings & Records of Newly Formed Charter School Found Subject to §119 Public Records Act & §286 Sunshine Law, IAS_VI-0266-001.
Palm Beach County Attorney —
Authority to Copyright & License Geographic Information Maps & Data Found Lacking — Public Records Law Found Not to Authorize, IAS_VI-0267-001.
Pasco County School Bd. —
Authority to Utilize a Private Firm to Provide Access to & Copies of Public Records Found Lacking, IAS_VI-0268-001.
Ad Valorem Value Adjustment Bd. — Confidentiality of Taxpayer Records, IAS_VI-0269-001.
Sarasota County Supervisor of Elections —
Voter Information On the Back of An Absentee Ballot Envelope Found Not Exempt From Public Records Act (§119), IAS_VI-0270-001.
Seminole County School Bd. —
School Readiness Coalitions Found to Constitute Public Agencies Subject to Audits For Expenditures of Public Funds, Performance Review & §119, IAS_VI-0271-001.
State Attorney —
Sunshine Law — Meeting of Public Hospital Bd. — Precedential Value of Case Involving Constitutionality of §395.3036 Affirmed On Appeal Without An Opinion, IAS_VI-0272-001.
State House Representative —
Public Records Law — Exemption — Requirement For 2/3 Vote Found Applicable to Readoption of Sunsetting Exemptions, IAS_VI-0273-001.
BANKING & FINANCE, Dept. of (See Also FINANCIAL SERVICES, Dept. of)
Bd. of Funeral & Cemetery Services —
Money Transmitter Industry —
State of Fla. Regulation of Examined, IAS_VI-0274-001.
Div. of Finance —
Check-Cashing Industry —
Deferred Presentment & Rollover Transactions Examined, IAS_VI-0275-001.
Interplay Between Fla. Usury Laws & Money Transmitters Code, IAS_VI-0276-001.
License — Mortgage Broker —
Bd. Revocation Affirmed, IAS_VI-0277-001.
Mortgage Payoff Acceleration Program — Cease & Desist Order Reversed, IAS_VI-0278-001.
Comprehensive Plan —
Charter Requires That City Plans Must Be In Conformity With, IAS_VI-0279-001.
BUSINESS & PROFESSIONAL REGULATION, Dept. of (See DBPR)
CERTIFICATE (Teaching) (See Also EDUCATION PRACTICES Comm. (EPC))
Accessing Sexually Explicit Internet Site On a School Computer — From Home, IAS_VI-0280-001.
Accessing Sexually Explicit Internet Sites On a School Computer — From School, IAS_VI-0281-001.
Application For —
Allowing Minors to Consume Alcohol At Residence — Sex Between Minors, IAS_VI-0282-001.
Applicant Has Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0283-002.
Conditions Harmful to Learning — Minor Infractions Found Not to Constitute, IAS_VI-0284-002.
Criminal Conviction —
Violation of Test Security, IAS_VI-0285-001.
Criminal Plea —
Assault & Battery, IAS_VI-0286-001.
Delivery of a Controlled Substance, IAS_VI-0287-001.
False Statements On Licensure Application, IAS_VI-0288-002.
Gross Immorality, IAS_VI-0289-002.
Misconduct Reducing Effectiveness, IAS_VI-0290-001.
Moral Turpitude, IAS_VI-0291-002.
Moral Turpitude — Defined, IAS_VI-0292-001.
Sexually Explicit Movies/Jokes & Plays In Class, IAS_VI-0293-001.
Attendance & Punctuality Problems, IAS_VI-0294-001.
Bizarre Behavior, IAS_VI-0295-001.
Chewing Tobacco At School Events, IAS_VI-0296-001.
Criminal Charges —
Battery On a Law Enforcement Officer, IAS_VI-0298-001.
Child Abuse, IAS_VI-0299-001.
Domestic Violence, IAS_VI-0300-001.
Possession of Marijuana, IAS_VI-0301-001.
Resisting Arrest Without Violence/Disorderly Intoxication, IAS_VI-0302-001.
Criminal Plea —
Child Pornography, IAS_VI-0303-001.
Domestic Violence, IAS_VI-0305-002.
Grand Theft, IAS_VI-0306-001.
Indecent Exposure/Resisting Arrest, IAS_VI-0307-001.
Leaving Scene of Accident, IAS_VI-0308-001.
Lewd & Lascivious Conduct With a Minor, IAS_VI-0309-001.
Display of Nude But Not Obscene Photos In Class, IAS_VI-0310-001.
Domestic Violence, IAS_VI-0311-001.
Encouraging Students to Fight, IAS_VI-0312-001.
Excessive & Unreasonable Corporal Punishment, IAS_VI-0313-010.
Exploitation of Institutional Privileges For Personal Gain, IAS_VI-0314-001.
Exploitation of Professional Relationship For Personal Gain, IAS_VI-0315-005.
Failing to Maintain Honesty In Professional Dealings, IAS_VI-0316-001.
Failure to Accommodate Exceptional Education Students, IAS_VI-0317-001.
Failure to Adequately Supervise Students, IAS_VI-0318-001.
Failure to Comply With Terms of Probation
Failure to Distinguish Between Personal & Institutional Views, IAS_VI-0319-001.
Failure to Follow Purchasing Policies & Instructions, IAS_VI-0320-001.
Failure to Maintain Honesty In Professional Dealings, IAS_VI-0321-001.
Failure to Perform Record-Keeping Duties, IAS_VI-0322-001.
Failure to Protect Students From Harm, IAS_VI-0323-001.
Failure to Supervise Students, IAS_VI-0324-003.
False Statements, IAS_VI-0325-001.
False Statements On Licensure Application, IAS_VI-0326-001.
Fraudulent Conduct, IAS_VI-0327-004.
Gross Immorality, IAS_VI-0328-055.
Gross Immorality —
Behavior That Is Offensive Is to Be Judged Differently When Directed Towards Adults As Opposed to Children, IAS_VI-0329-001.
Behavior of a Football Coach On a Football Field Is to Be Judged Differently Than For a Classroom Setting, IAS_VI-0330-001.
Distinguished From a Lack of Honesty, IAS_VI-0332-001.
Private Viewing of Sexually Explicit Material, IAS_VI-0333-002.
Test For When Immoral Conduct Supports Discipline, IAS_VI-0335-001.
Two (2) Part Test For, IAS_VI-0336-001.
Improper Assistance to Students Taking a Standardized Test, IAS_VI-0337-002.
Inappropriate & Excessive Physical Contact With a Student, IAS_VI-0338-001.
Inappropriately Expressing Personal Political Opinions to Elementary Students, IAS_VI-0339-001.
Interfering with a Colleague’s Exercise of Political or Civil Rights, IAS_VI-0342-001.
Lack of Control of Classroom, IAS_VI-0343-001.
Misconduct Reducing Effectiveness, IAS_VI-0344-051.
Misconduct Reducing Effectiveness —
Aspirational Rule — Only Most Serious Violation Would Justify Suspension, IAS_VI-0345-001.
Close & Personal Asexual Relationship With Student Found to Constitute, IAS_VI-0346-001.
Private Conduct Considered Immoral By Some Does Not Constitute, IAS_VI-0347-001.
Sexual Harassment of a Colleague Found Not to Rise to the Level of, IAS_VI-0348-001.
Specific Proof Not Required If Misconduct Is Sufficiently Egregious, IAS_VI-0349-001.
Mistreatment of Special Education Students Is An Exacerbating Factor, IAS_VI-0350-001.
Moral Turpitude, IAS_VI-0351-051.
Moral Turpitude — Defined, IAS_VI-0352-022.
Question of Fact, IAS_VI-0353-001.
Question of Fact Often Involving Issues of Intent, IAS_VI-0354-001.
Status of Dishonesty As, IAS_VI-0355-001.
Previous Discipline By School District Is Not Considered, IAS_VI-0356-001.
Permitting Students to Gamble In Class, IAS_VI-0357-001.
Physical Abuse of Student, IAS_VI-0358-001.
Political Party Advocacy In the Classroom, IAS_VI-0359-001.
Profane Language, IAS_VI-0360-002.
Racial Slurs, IAS_VI-0361-001.
Racially Disparaging Comments In Class, IAS_VI-0362-001.
Religious Beliefs Repeatedly Advocated to Students, IAS_VI-0363-001.
Reprisal Against Somebody Reporting An Incident, IAS_VI-0364-001.
Sexual Misconduct —
Affectionate Touching Distinguished From, IAS_VI-0365-001.
Constitutes Immorality or Moral Turpitude, IAS_VI-0366-001.
Heterosexual Comments to Staff, IAS_VI-0367-003.
Heterosexual Comments to Students, IAS_VI-0368-002.
Heterosexual Contact With Student — Marriage, IAS_VI-0369-001.
Heterosexual Contact With Students, IAS_VI-0370-009.
Heterosexual Harassment of Co-Workers, IAS_VI-0371-001.
Heterosexual Harassment of Students, IAS_VI-0372-001.
Homosexual Comments to Students, IAS_VI-0373-001.
Homosexual Contact With Student, IAS_VI-0374-002.
Homosexual Harassment of Student, IAS_VI-0375-001.
Teachers Are Held to a High Moral Standard, IAS_VI-0376-011.
Copying a Standardized Test, IAS_VI-0377-001.
Disclosure of Test Scores In Class, IAS_VI-0378-001.
Falsifying a Test Score, IAS_VI-0379-001.
Improper Assistance to Students Taking a Standardized Test, IAS_VI-0380-002.
Violation of Testing Procedures, IAS_VI-0381-004.
Threatening Remarks to Other Teachers, IAS_VI-0382-001.
Unprofessional Conduct, IAS_VI-0383-001.
Use of Institutional Privileges For Personal Gain, IAS_VI-0384-001.
Verbal Abuse — Slurs, IAS_VI-0385-001.
Verbal Abuse of Colleagues, IAS_VI-0386-001.
Verbal Abuse of Students — Gender & Ethnic Slurs, IAS_VI-0387-002.
Verbal Abuse of Students — Gender & Racial Slurs, IAS_VI-0388-002.
Verbal Abuse of Students — Racial Slurs, IAS_VI-0389-001.
Violation of Board Order Regarding Probation, IAS_VI-0390-001.
Violation of Board Rules & Statutes, IAS_VI-0391-034.
CERTIFICATE OF NEED (CON) (See Also HEALTH CARE ADMINISTRATION, Agency for (AHCA))
Amendment of Application —
Correction of Error On Does Not Constitute, IAS_VI-0392-001.
New Evidence In Support of Found Not to Constitute, IAS_VI-0393-002.
Permissible Changes to Distinguished From, IAS_VI-0394-002.
Applicant Has the Burden of Proof, IAS_VI-0395-017.
Applicant Has the Burden of Proof —
By a Preponderance of the Evidence, IAS_VI-0396-004.
Change In Ownership —
Building Need Not Be Brought Up to New Code Requirements, IAS_VI-0397-001.
Comparative Review (See Also Comparative Review) —
Multiple Applications Based On Not Normal Circumstances, IAS_VI-0399-001.
Request For Is Not a Point of Entry But Rather a Point of Transformation, IAS_VI-0400-001.
System-Wide Cost Considerations Can Be Dispositive, IAS_VI-0401-001.
Two (2) or More Applications Can Be Approved, IAS_VI-0402-001.
Financial Feasibility —
Failure to Establish, IAS_VI-0403-001.
Health Care Administration (AHCA) —
Bound By Own Rules, IAS_VI-0404-001.
Home Health Agency —
Competition Concerns Are Extremely Important, IAS_VI-0405-001.
Accreditation — Relevancy In Assessing Quality of Care, IAS_VI-0406-001.
Fixed Need Pool Confirmed As Zero, IAS_VI-0407-001.
Intervenor Protest, IAS_VI-0408-003.
Legislative Status of Explored, IAS_VI-0409-001.
Patient May Be Admitted While In Hospital, IAS_VI-0410-001.
Revision to Fixed Need Pool, IAS_VI-0411-001.
Services That Are Provided Discussed, IAS_VI-0412-001.
Acute Care, IAS_VI-0413-007.
Acute Care, IAS_VI-0414-002.
Neonatal Intensive Care Unit, IAS_VI-0415-002.
Open Heart Surgical Unit, IAS_VI-0416-003.
Comparative Review (See Comparative Review)
Conversion of Substance Abuse Beds to Neonatal Intensive Care Beds, IAS_VI-0417-001.
Long-Term Care, IAS_VI-0418-001.
Long-Term Care — Use Rate Methodologies Found to Be Inherently Unreliable, IAS_VI-0419-001.
Open Heart Surgical Unit, IAS_VI-0420-002.
Replacement Facility — Intervenor Protest Dismissed, IAS_VI-0421-001.
Satellite Facility, IAS_VI-0422-002.
Tertiary Service Defined, IAS_VI-0423-001.
Impact On Existing Facilities Outside Pertinent Health Planning District Need Not Be Considered, IAS_VI-0424-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Found Lacking, IAS_VI-0426-002.
Injury In Fact Found Lacking, IAS_VI-0427-001.
Substantially Affected Test Discussed, IAS_VI-0428-001.
Test For Is Statutory, IAS_VI-0429-001.
Two (2) Prong Test For, IAS_VI-0430-001.
Need (See Also Hospice) —
Balanced Consideration of All Statutory & Rule Criteria, IAS_VI-0431-017.
Factors In Addition to Patient Population Can Be Considered, IAS_VI-0432-001.
Fixed Need Pool —
Numeric Need As Per Rule Methodology, IAS_VI-0433-001.
Rule Methodology —
Absence of — Long Term Acute Care Hospital, IAS_VI-0434-002.
Inapplicable to Mere Change In Ownership, IAS_VI-0435-001.
Invalidated Rule Is Inoperative As to Pending Applications, IAS_VI-0436-001.
Not Normal Exception — Applicant’s Burden of Proof Examined, IAS_VI-0437-004.
Not Normal Exception — Conclusion of Law, IAS_VI-0438-004.
Not Normal Exception — Determined On a Case-By-Case Basis, IAS_VI-0439-003.
Not Normal Exception — Found Applicable, IAS_VI-0440-003.
Not Normal Exception — Institution-Specific Criteria Alone Not Dispositive, IAS_VI-0441-001.
Not Normal Exception — Tertiary Program — AHCA May Look Beyond the Service Area, IAS_VI-0442-001.
Numeric Need — Alone Is Not Dispositive, IAS_VI-0443-003.
Numeric Need — Creates a Legal Presumption of Need, IAS_VI-0444-001.
Numeric Need — Lacking — Creates Rebuttable Presumption of No Need, IAS_VI-0445-001.
Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IAS_VI-0446-014.
Purpose of CON Review —
Cost Containment — Not the Only Goal, IAS_VI-0447-001.
Relinquishment of a CON As Penalty For Failure to Abide By Conditions Imposed Is Not Contemplated, IAS_VI-0448-001.
State Agency Action Report (SAAR) —
Signals End to the Free-Form Decisional Process, IAS_VI-0449-001.
CHILDREN & FAMILIES, Dept. of (See Also ATTORNEY GENERAL’S OPINIONS; CONTRACTS (Bids/Protests); DECLARATORY STATEMENTS)
Application For Denied, IAS_VI-0450-001.
Authority of DOAH to Conduct De Novo Hearing, IAS_VI-0451-001.
Circuit Court Jurisdiction Under §39 & §63 Examined, IAS_VI-0452-001.
Dismissal of Request For Hearing As Deficient Reversed, IAS_VI-0453-001.
Overpayment Ordered Reimbursed — Affirmed, IAS_VI-0454-001.
Abandonment of Natural Family & Failure to Support Natural Children, IAS_VI-0455-001.
Abused By Parents — No Counseling, IAS_VI-0456-001.
Accidental Injuries to Child While In Applicant’s Care, IAS_VI-0457-001.
Alcoholism & Domestic Violence, IAS_VI-0458-001.
Application For — Denied, IAS_VI-0459-005.
Application For — Granted, IAS_VI-0460-002.
Application For — To Be Reprocessed, IAS_VI-0461-001.
Best Interest of the Child Is the Paramount Concern, IAS_VI-0462-002.
Burden of Proof — Applicant — Preponderance of the Evidence, IAS_VI-0463-001.
Burden of Proof — Denial — On Dept., IAS_VI-0464-001.
Circuit Court — May Finalize In Absence of Dept. Consent, IAS_VI-0465-001.
Circuit Court — Placement of Children With Foster Parents Over Dept. Recommendation Reversed, IAS_VI-0466-001.
Clinical Depression/Allowing Teenagers to Be Primary Caregivers/Inability to Provide a Safe & Nurturing Home Environment/Refusal to Provide Info. & Cooperate With Dept., IAS_VI-0467-001.
Criminal Charge (Crimes Involving Physical Violence), IAS_VI-0468-001.
Criminal Conviction — Enumerated Disqualifying Felony — No Exemption From, IAS_VI-0469-001.
Dept. Decisions Regarding Are Subject to §120 Review, IAS_VI-0470-001.
Dept. Finds That An Abuse Report Should Not Be Considered, IAS_VI-0471-001.
Dept. Policy to Try to Keep Siblings Together, IAS_VI-0472-001.
Dept.’s Party Status Examined, IAS_VI-0473-001.
Exemption From Disqualification — Criminal Charges (Larceny/Armed Robbery/Aggravated Assault), IAS_VI-0474-001.
Failure to Provide Suitable Living Quarters, IAS_VI-0475-001.
Foster Parent —
Challenge to Denial of Application to Be Adoptive Parents Granted, IAS_VI-0476-001.
Good Moral Character Found, IAS_VI-0477-001.
Grandparent — Denied, IAS_VI-0478-001.
Grown Children Unable to Complete References, IAS_VI-0480-001.
Harm to Child Not Required For Denial of Application For, IAS_VI-0481-001.
Judicial Deference to Dept. Placement Decisions, IAS_VI-0482-001.
Lack of Cooperation With Dept., IAS_VI-0483-001.
Maintenance Subsidies — Retroactive Award — Exceptional Child — Dept. Denial of Affirmed, IAS_VI-0484-001.
Placement of a Child With Another Applicant May Render Case Moot, IAS_VI-0485-001.
Preference For & Special Treatment Accorded Relative Adoptions Examined, IAS_VI-0486-002.
Process Is Wholly Statutory — Right Unknown At Common Law, IAS_VI-0487-001.
Purpose of This Program Examined, IAS_VI-0488-001.
Rehabilitation Found, IAS_VI-0489-001.
Single Parent, IAS_VI-0490-001.
Special Needs Child — Applicant Has Mental Health Problems, IAS_VI-0491-001.
Special Needs Child — Granted, IAS_VI-0492-001.
There Is No Entitlement to, IAS_VI-0493-002.
Central Abuse Registry (See Also HEALTH CARE ADMINISTRATION, Agency for; JUVENILE JUSTICE, Dept. of; NURSING, Bd. of) —
Abuse or Neglect —
§415 — 1997 Abolition of Registry & Establishment of Hotline —
Status of Pre-1997 Records Found To Be “Unclear”, IAS_VI-0494-001.
There Is No Longer a Right to Challenge the Veracity of a Report — Probative Value of Report Is Therefore Limited, IAS_VI-0495-001.
§415 Background Check — Purpose of Examined, IAS_VI-0496-001.
Exploitation — Financial, IAS_VI-0497-002.
Neglect — Defined, IAS_VI-0499-001.
Neglect — Medical, IAS_VI-0500-003.
Neglect — Must Be Measured Against An Objective Standard, IAS_VI-0501-002.
Physical Abuse, IAS_VI-0502-002.
Physical Abuse — Spraying Mist of Nontoxic Liquid In Direction of Client, IAS_VI-0503-001.
Aged Adult Care Worker —
Amendment or Expunction — Denied, IAS_VI-0504-004.
Amendment or Expunction Denied — Reversed, IAS_VI-0505-001.
Amendment or Expunction — Granted, IAS_VI-0506-003.
Dept. Has the Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0507-004.
Dept. Is the Respondent Despite Contrary DOAH Styling of the Case, IAS_VI-0508-007.
Disabled Adult Care Worker —
Amendment or Expunction — Denied, IAS_VI-0509-001.
Amendment or Expunction — Granted, IAS_VI-0510-002.
Exemption From Disqualification —
9/1/00 Statutory Amendment Abolished Classification & Reliance On, IAS_VI-0511-001.
Alcohol & Drug Abuse, IAS_VI-0512-001.
Alcohol Abuse, IAS_VI-0513-001.
Applicant Has No Entitlement to An Exemption, IAS_VI-0514-001.
Applicant Has The Burden of Proof By Clear & Convincing Evidence, IAS_VI-0515-051.
Applicant Must Be Both “Exemptible” & Prove Rehabilitation By Clear & Convincing Evidence, IAS_VI-0516-001.
Cannot Be Granted With Conditions, IAS_VI-0517-001.
Criminal Behavior (Long History of), IAS_VI-0518-002.
Criminal Charge — Aggravated Assault/Breaking & Entering/Murder/Manslaughter/Possession of Sawed-Off Shotgun & Drugs, IAS_VI-0519-001.
Criminal Charge — Conspiracy to Commit Armed Robbery, IAS_VI-0520-001.
Criminal Charge — Domestic Violence, IAS_VI-0521-001.
Criminal Charge þ Driving Under the Influence (DUI)/Violation of Parole, IAS_VI-0522-001.
Criminal Charge — Simple Battery/Domestic Violence, IAS_VI-0523-001.
Criminal Charge — Worthless Check, IAS_VI-0524-001.
Criminal Conviction — Aggravated Assault, IAS_VI-0525-002.
Criminal Conviction — Aggravated Battery, IAS_VI-0526-001.
Criminal Conviction — Battery, IAS_VI-0527-001.
Criminal Conviction — Breaking & Entering, IAS_VI-0528-001.
Criminal Conviction — Controlled Substances, IAS_VI-0529-001.
Criminal Conviction — Domestic Violence, IAS_VI-0530-002.
Criminal Conviction — Driving Under the Influence, IAS_VI-0531-001.
Criminal Conviction — Grand Theft, IAS_VI-0532-003.
Criminal Conviction — Grand Theft/Burglary/Felony Drug Possession, IAS_VI-0533-001.
Criminal Conviction — Grand Theft/Improperly Handling a Firearm, IAS_VI-0534-001.
Criminal Conviction — Importing Cocaine, IAS_VI-0535-002.
Criminal Conviction — Lewd & Lascivious Conduct, IAS_VI-0536-001.
Criminal Conviction — Petit Larceny, IAS_VI-0537-001.
Criminal Conviction — Possession of Cocaine, IAS_VI-0538-001.
Criminal Conviction — Possession of Cocaine/Public Assistance Fraud, IAS_VI-0539-001.
Criminal Conviction — Possession of Marijuana, IAS_VI-0540-002.
Criminal Conviction — Prostitution, IAS_VI-0541-002.
Criminal Conviction — Prostitution/Possession of Cocaine, IAS_VI-0542-001.
Criminal Conviction — Robbery, IAS_VI-0543-001.
Criminal Conviction — Sale of Cocaine, IAS_VI-0544-001.
Criminal Conviction — Theft — Felony — Juvenile, IAS_VI-0545-001.
Criminal Conviction — Violation of Probation/Welfare Fraud/Shoplifting/Possession of Cocaine, IAS_VI-0546-001.
Criminal Conviction — Welfare Fraud, IAS_VI-0547-001.
Criminal Plea — Aggravated Assault With a Firearm, IAS_VI-0548-001.
Criminal Plea — Aggravated Battery, IAS_VI-0549-004.
Criminal Plea — Armed Robbery, IAS_VI-0550-001.
Criminal Plea — Attempted Grand Larceny/Attempted Sale & Sale of Controlled Substances), IAS_VI-0551-001.
Criminal Plea — Battery, IAS_VI-0552-004.
Criminal Plea — Battery & Petit Theft, IAS_VI-0553-001.
Criminal Plea — Battery Upon a Minor, IAS_VI-0554-001.
Criminal Plea — Battery of a Minor, IAS_VI-0555-001.
Criminal Plea — Child Abuse, IAS_VI-0556-002.
Criminal Plea — Child Endangerment, IAS_VI-0557-001.
Criminal Plea — Cocaine — Importation, IAS_VI-0558-001.
Criminal Plea — Cocaine — Possession of, IAS_VI-0559-007.
Criminal Plea — Cocaine — Sale of Within 1,000 Ft. of a School, IAS_VI-0560-001.
Criminal Plea — Concealed Firearm, IAS_VI-0561-003.
Criminal Plea — Conspiracy With Intent to Commit Fraud, IAS_VI-0562-001.
Criminal Plea — Contributing to the Delinquency of a Minor, IAS_VI-0563-002.
Criminal Plea — Controlled Substances — Possession of, IAS_VI-0564-001.
Criminal Plea — Disorderly Conduct/Resisting Arrest Without Violence/Battery/Trespassing, IAS_VI-0565-001.
Criminal Plea — Distribution of Marijuana & Armed Robbery — Dept. Denial Affirmed, IAS_VI-0566-001.
Criminal Plea — Domestic Violence, IAS_VI-0567-012.
Criminal Plea — False Imprisonment, IAS_VI-0568-001.
Criminal Plea — Grand Larceny, IAS_VI-0569-001.
Criminal Plea — Grand Theft, IAS_VI-0570-005.
Criminal Plea — Grand Theft (Public Assistance Fraud), IAS_VI-0571-001.
Criminal Plea — Indecent Exposure, IAS_VI-0572-002.
Criminal Plea — Manslaughter, IAS_VI-0573-001.
Criminal Plea — Marijuana Possession, IAS_VI-0574-001.
Criminal Plea — Multiple Violations, IAS_VI-0575-001.
Criminal Plea — Out-of-State, IAS_VI-0576-001.
Criminal Plea — Petit Theft, IAS_VI-0577-001.
Criminal Plea — Petit Theft — Juvenile, IAS_VI-0578-001.
Criminal Plea — Possession of Cocaine/Grand Theft/Forgery & Uttering/Public Assistance Fraud, IAS_VI-0579-001.
Criminal Plea — Prostitution, IAS_VI-0580-001.
Criminal Plea — Prostitution/Curb Drinking/Possession of Drug Paraphernalia/Petit Theft, IAS_VI-0581-001.
Criminal Plea — Resisting Arrest Without Violence, IAS_VI-0582-001.
Criminal Plea — Robbery, IAS_VI-0583-001.
Criminal Plea — Simple Battery, IAS_VI-0584-001.
Criminal Plea — Theft of a Firearm, IAS_VI-0585-001.
Criminal Plea — Traffic Offense, IAS_VI-0586-001.
Criminal Plea — Withholding of Adjudication Is Irrelevant, IAS_VI-0587-001.
DOAH ALJ Cannot Merely Substitute Their Judgment, IAS_VI-0588-001.
Dept. Has Absolute Discretion to Deny, IAS_VI-0590-013.
Dept. Has No Obligation to Review Entire Transcript Before Modifying DOAH Recommendation, IAS_VI-0591-001.
Dept. Rejection of DOAH Conclusion That It Cannot Reach Pre-1995 Convictions Affirmed, IAS_VI-0592-001.
Domestic Violence (See also Criminal Conviction, Criminal Plea), IAS_VI-0593-010.
Domestic Violence — Changes In Standards For Determining Discussed, IAS_VI-0594-002.
Domestic Violence — Injunction, IAS_VI-0595-002.
Domestic Violence — Violation of An Injunction Not Required For Finding of, IAS_VI-0596-001.
Eligibility For Distinguished From Entitlement to, IAS_VI-0597-001.
Failure to Accept Full Responsibility, IAS_VI-0598-001.
Failure to Appear At Hearing, IAS_VI-0599-003.
Failure to Disclose Criminal Charge On Employment Application, IAS_VI-0600-001.
Failure to Pay Child Support, IAS_VI-0601-001.
False Statement On Employment Application, IAS_VI-0602-001.
Filing a False Report, IAS_VI-0603-003.
Financial Hardship — Not a Basis For the Grant of, IAS_VI-0604-001.
Granted — With Conditions, IAS_VI-0606-001.
Inappropriate Disciplinary & Restraining Techniques, IAS_VI-0607-001.
Inconsistencies In Testimony, IAS_VI-0608-001.
Marijuana Use, IAS_VI-0609-002.
Possession of a Firearm On School Property, IAS_VI-0610-001.
Pro Se Applicant Given Leeway, IAS_VI-0611-001.
Purpose of These Proceedings — Protection of Frail & Vulnerable Citizens, IAS_VI-0612-001.
Rehabilitation — Community Service Found Probative, IAS_VI-0613-001.
Rehabilitation — Criminal Offense As a Juvenile Or Youth, IAS_VI-0614-002.
Rehabilitation — Failure to Provide Requested Assessment, IAS_VI-0615-001.
Rehabilitation — False Employment Application, IAS_VI-0616-001.
Rehabilitation — Good Record Prior to Disqualifying Incident Is Not Probative, IAS_VI-0617-001.
Rehabilitation — Good Reputation In the Community, IAS_VI-0618-001.
Rehabilitation — Involves Going Beyond Minimum Required By Courts of a Probationer, IAS_VI-0619-001.
Rehabilitation — Lack of Remorse, IAS_VI-0620-001.
Rehabilitation — Lack of Support Network, IAS_VI-0621-001.
Rehabilitation — Mere Passage of Time Alone Is Insufficient, IAS_VI-0622-003.
Rehabilitation — Proof of, IAS_VI-0623-029.
Rehabilitation — Proof of — Completion of Criminal Probation Alone Is Insufficient, IAS_VI-0624-001.
Rehabilitation — Proof of — Considerable Length of Time Elapsed Since Disqualifying Offense, IAS_VI-0625-001.
Rehabilitation — Proof of — Eleven (11) Months Too Short a Timeframe, IAS_VI-0626-001.
Rehabilitation — Proof of — Five (5) Years (25% of Life Span) Lapsed Since Offense, IAS_VI-0627-001.
Rehabilitation — Proof of — Long & Involved Criminal History, IAS_VI-0628-001.
Rehabilitation — Proof of — Nine (9) Years Lapsed Since Offense, IAS_VI-0629-001.
Rehabilitation — Proof of — One (1) Year Waiting Period After Completion of Any Period of Supervision or Probation, IAS_VI-0630-001.
Rehabilitation — Proof of — Responsibility of the Applicant, IAS_VI-0631-001.
Rehabilitation — Proof of — Seven (7) Years Lapsed Since Offense, IAS_VI-0632-002.
Rehabilitation — Proof of — Sufficient Elapsed Time & Indicia Found Lacking, IAS_VI-0633-002.
Rehabilitation — Proof of — Ten (10) Years Lapsed Since Offense, IAS_VI-0634-001.
Rehabilitation — Proof of — Three (3) Years Lapsed Since Offense, IAS_VI-0635-003.
Rehabilitation — Proof of — Twelve (12) Months Too Short a Timeframe, IAS_VI-0636-001.
Rehabilitation — Proof of — Twenty (20) Years Lapsed Since Offense, IAS_VI-0637-001.
Rehabilitation — Proof of — Two (2) Years Too Short a Timeframe, IAS_VI-0638-001.
Rehabilitation — Testimonial Letters, IAS_VI-0639-001.
Request For Hearing Dismissed As Deficient, IAS_VI-0640-001.
Statutory List of Disqualifying Offenses — Pre-1995 Offenses Can Be Considered, IAS_VI-0641-001.
Statutory Provisions Regarding Are to Be Strictly Construed Against the Person Claiming the Exemption, IAS_VI-0642-001.
Suicide Attempt, IAS_VI-0643-001.
Filing a False Report — Fine, IAS_VI-0644-002.
Proposed Confirmed Report — Defined & Discussed, IAS_VI-0645-002.
Child — Parental Rights — Circuit Court Termination of —
Burden of Proof — Probative Effect of Dependency Determination, IAS_VI-0646-001.
Child Born Prematurely With Cocaine In Blood —
Case Plan With Goal of Reunification Found Required Nonetheless, IAS_VI-0647-001.
Circuit Court Determination — That An Incarcerated Mother Had Abandoned Her Child Affirmed, IAS_VI-0648-001.
Circuit Court Order — Terminating Rights Reversed On Procedural Grounds, IAS_VI-0649-001.
Collateral Attack On Adequacy of Appointed Counsel Is Unavailable, IAS_VI-0650-001.
Court Is Not Divested of Jurisdiction After Parental Rights Are Terminated, IAS_VI-0651-001.
Court Jurisdiction to Review Dept. Decisions Examined, IAS_VI-0652-001.
Dependency Action Distinguished From Criminal Proceeding, IAS_VI-0653-001.
Dept. Authority & Discretion Are Not Absolute, IAS_VI-0654-001.
Dept. Has the Burden of Proof By Clear & Convincing Evidence, IAS_VI-0655-001.
Domestic Violence Witnessed By Children, IAS_VI-0656-001.
Failure to Make Reasonable Efforts to Reunite Mother & Children — Reversed, IAS_VI-0657-001.
Fundamental Liberty Interest of Parents In Custody of Child Examined, IAS_VI-0658-001.
Negative Home Study — Effect of Discussed, IAS_VI-0659-001.
Primary Goal Is Protection of Children Not Punishment of the Caregiver, IAS_VI-0660-001.
Public Records Request — Placement of Three (3) Abused Children — Newspaper —
Supreme Court Reverses Circuit Court Denial of Access Without In Camera Inspection, IAS_VI-0661-001.
Reversed As Not Supported By the Record Below, IAS_VI-0662-001.
Right to Counsel Even If Indigent Examined, IAS_VI-0663-001.
Termination Hearing — Challenge to Ruling As Not Entered Within a Reasonable Time Rejected, IAS_VI-0664-001.
Termination Hearing — Closure to Public, IAS_VI-0665-001.
Termination Hearing — Finding of Dependency Is Not a Termination But Rather An Opportunity to Restore & Repair a Family, IAS_VI-0666-001.
Termination Hearing — No Presumption of Openness, IAS_VI-0667-001.
Termination Hearing — Status As a Juvenile Vis. Criminal Proceeding, IAS_VI-0668-001.
Child Custody —
Dept. Denial of Temporary Cash Assistance to Stepsister On Basis of Inadequate Blood Relationship Reversed, IAS_VI-0669-001.
Community Care For Disabled Adults Program —
Dept. Burden of Proof Is By a Preponderance of the Evidence, IAS_VI-0670-001.
Home-Delivered Meals Terminated, IAS_VI-0671-001.
Contract (See Also CONTRACTS (Bids/Protests)) —
Community-Based Care For Child Protection Services — Legislatively-Mandated Award, IAS_VI-0672-001.
Foster Parent — Out-of-State Jurisdiction — Dept. Cannot Reach, IAS_VI-0673-001.
Declaratory Statements (See DECLARATORY STATEMENTS)
Developmental Services —
Applicable Federal Statutes & Regulations Found to “Present a Quagmire of Almost Indescribable Complexity”, IAS_VI-0674-001.
Applicant Found Not to Meet Statutory Definition of Mental Retardation or Any Other Category For Eligibility, IAS_VI-0675-001.
Applicant Has Burden of Proof, IAS_VI-0676-012.
Applicant Has the Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0677-009.
Autism — Denied, IAS_VI-0679-003.
Availability of Funds Found Dispositive, IAS_VI-0680-001.
Available Funds Found Lacking — Denied, IAS_VI-0681-019.
Available Funds Found Lacking — Dept. Has the Burden of Proof, IAS_VI-0682-001.
Available Funds Found Lacking — Found Not to Require Denial of Petition, IAS_VI-0683-002.
Available Funds Found Lacking — Is An Absolute Bar – Not An Affirmative Defense, IAS_VI-0684-001.
Bottled Water, IAS_VI-0685-001.
Cerebral Palsy, IAS_VI-0686-001.
Certification — Independent Support Coordinator —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-0687-001.
Inadequate Performance In Previous Employment, IAS_VI-0689-001.
Negative Hotline Report Without Supporting Evidence, IAS_VI-0690-001.
Community-Based Services Waiver, IAS_VI-0691-001.
Dental Surgery, IAS_VI-0693-001.
Dept. Cannot Overspend Its Appropriation, IAS_VI-0694-001.
Dept. Denial of Reimbursement — For Certain Computer Software For Language Development Skills Affirmed, IAS_VI-0695-001.
Dept. Denial of Reimbursement — Of Replacement of Pile Carpeting In House With Linoleum Or Tile Reversed, IAS_VI-0696-001.
Dept. Has Discretion to Prioritize Allocation of Funds, IAS_VI-0697-003.
Dept. Methodology For Setting Spending Priorities Amidst Insufficient Funding Need Not Be Reproven In Every Case, IAS_VI-0698-002.
Dept. Prioritization Issues — In Prior Years Cannot Be Revisited, IAS_VI-0699-001.
Dept. Prioritization Issues — Regarding Funding Will Not Be Disturbed, IAS_VI-0700-003.
Dept. Spending Plan Controls Until Invalidated By Court of Competent Jurisdiction, IAS_VI-0701-001.
Developmental Disability — Defined, IAS_VI-0702-003.
Developmental Disability — Found Lacking — Intellectual Function Found Not to Be Subaverage, IAS_VI-0703-001.
Developmental Services Defined, IAS_VI-0704-001.
Diaper Services, IAS_VI-0705-001.
Exception to the Spending Plan Mandate Granted Until An Appropriate Service Provider Can Be Contracted, IAS_VI-0706-001.
Extra Firm Mattress, IAS_VI-0707-001.
General Revenue Funds Cannot Be Expended On Those On the Waiting List For the Medicaid Waiver Program, IAS_VI-0708-001.
Home Modifications & Lift System, IAS_VI-0710-001.
Homemaker Services/Equipment Repair & Replacement, IAS_VI-0711-001.
IQ Assailed By Dept. As Too High, IAS_VI-0712-003.
In-Home Subsidy Approved, IAS_VI-0713-001.
Incontinence Supplies, IAS_VI-0714-001.
Mechanics of Program Examined, IAS_VI-0715-001.
Medicaid Waiver Issues — DOAH Lacks Jurisdiction Over, IAS_VI-0716-001.
Medicaid Waiver Program Waiting List — Nonwaiver Program Funds Not Available, IAS_VI-0717-001.
Medical Necessity For Service Found Lacking, IAS_VI-0718-001.
Neurological Disorder, IAS_VI-0719-001.
Physical, Occupational & Speech Therapy Services, IAS_VI-0720-001.
Prader-Willi Syndrome (PWS) —
Only Inherited Not Acquired Disabilities of This Type Are Eligible, IAS_VI-0721-001.
Retardation Defined, IAS_VI-0722-003.
Retarded Adult — Denied, IAS_VI-0723-006.
Specialized Wheelchair, IAS_VI-0724-001.
Speech Therapy, Respite Care & Personal Services, IAS_VI-0725-001.
Spina Bifida, IAS_VI-0726-001.
Supported Living/Homemaker Services/Adaptive Equipment/Medical Alert System, IAS_VI-0727-001.
Transportation Services, IAS_VI-0728-001.
Wheelchair Transport Services, IAS_VI-0729-001.
Employee (See Also PUBLIC EMPLOYEES) —
Challenge to Reclassification Denied, IAS_VI-0730-001.
Dept. Nonfinal Denial of Name-Clearing Hearing For An Attorney That Was Dismissed — Appeal Dismissed, IAS_VI-0731-001.
Name Clearing Hearing — Petition For Hearing Denied Due to Absence of Stigmatizing Information, IAS_VI-0732-001.
Name Clearing Hearing — Denied, IAS_VI-0733-001.
Reclassification From Career Service to Selected Exempt Status Found to Require a Clear Point of Entry to Request a Hearing, IAS_VI-0734-001.
Recoupment of Salary Overpayment, IAS_VI-0735-001.
Recoupment of Salary Overpayment — Installment Repayment Plan Approved, IAS_VI-0736-001.
Food Stamps —
Denial of Affirmed — Voluntary Child Support Payments Not Deductible Absent Legal Obligation to Pay, IAS_VI-0737-001.
Denial of Reversed — Dept. Confession of Error, IAS_VI-0738-001.
Monthly Allotment of $10.00 Based On Ineligible Person In Household — Proration of Expenses — Reversed, IAS_VI-0739-001.
Overpayment Ordered Reimbursed — Dept. Has a Statutory Mandate to Recoup Overpayments, IAS_VI-0740-001.
Overpayment Ordered Reimbursed — Failure to Inform Dept. That Household Member Had Begun Employment, IAS_VI-0741-001.
Purpose of This Program Examined, IAS_VI-0742-001.
State of Fla. Policies Must Be In Accord With Federal Standards, IAS_VI-0743-001.
Home Care For Disabled Adults —
Applicant Has the Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0744-001.
Financial Ineligibility Found — Monthly Health Insurance Subsidy Treated As Income, IAS_VI-0745-001.
Involuntary Commitment —
Order On Motion For Rehearing: Widel v. Venz, IAS_VI-0746-001.
Pretrial Detainment — Evidentiary Basis Examined, IAS_VI-0747-002.
Sexually Violent Predator —
Appellate Court Reverses Finding Requisite Evidentiary Basis Was Lacking, IAS_VI-0748-002.
Challenge to Allegedly Insufficient Access to Law Library Dismissed For Failure to Exhaust Administrative Remedies, IAS_VI-0749-002.
License (See Also Licensure) —
Child Care Facility (See Also Renewal, Licensure) —
Abuse Registry Report, IAS_VI-0750-001.
Abuse Registry Report — Inadequate Supervision, IAS_VI-0751-001.
Abuse Registry Report — Sexual Abuse, IAS_VI-0752-001.
Boyfriends Without Background Checks On Premises, IAS_VI-0753-001.
Buckling Profoundly Retarded Child In Chair, IAS_VI-0754-001.
Child Care Personnel Deficiency, IAS_VI-0755-001.
Concurrent County Regulatory Jurisdiction — Mechanics of Examined, IAS_VI-0756-001.
Corporal Punishment — Improper, IAS_VI-0757-003.
Criminal Plea — Burglary & Theft of Personal Property From a Day Care Facility, IAS_VI-0758-001.
Criminal Plea — Sale & Possession of Cocaine, IAS_VI-0759-001.
Dept Is Respondent In Disciplinary Proceeding Despite Contrary DOAH Labelling, IAS_VI-0760-001.
Dept. Finds Jurisdiction to Discipline Unlicensed Persons, IAS_VI-0761-001.
Domestic Violence, IAS_VI-0762-001.
Failure to Conduct Background Check On Staff, IAS_VI-0763-001.
Failure to Conduct Tuberculosis (TB) Testing of Personnel, IAS_VI-0764-001.
Failure to Cooperate With Dept. Inspectors, IAS_VI-0765-001.
Failure to Correct Deficiencies, IAS_VI-0766-001.
Failure to File Requisite Report, IAS_VI-0767-001.
Failure to Follow Fire Safety Requirements, IAS_VI-0768-001.
Failure to Keep Husband With History of Disqualifying Offenses Away From House, IAS_VI-0769-002.
Failure to Properly Secure Pool Gate, IAS_VI-0770-001.
Failure to Properly Secure Windows & Screens, IAS_VI-0771-001.
Failure to Properly Store Poisons, IAS_VI-0772-001.
Failure to Properly Supervise Children, IAS_VI-0773-006.
Failure to Provide Parent Access to Child, IAS_VI-0774-001.
Failure to Provide a Workable Drinking Fountain In the Playground Area, IAS_VI-0775-001.
Failure to Record Daily Attendance, IAS_VI-0776-001.
Failure to Request a Hearing — Fine, IAS_VI-0777-001.
Failure to Screen Staff, IAS_VI-0778-003.
Family Day Care Home — Defined, IAS_VI-0779-001.
Family Day Care Home — Not Subject to Licensure — Not Subject to Inspection Unless There Is a Complaint, IAS_VI-0780-001.
Fraudulent Conduct, IAS_VI-0781-002.
Improper Discipline, IAS_VI-0782-001.
Inadequate & Unsafe Facility, IAS_VI-0783-001.
Inadequate Staffing Ratios, IAS_VI-0784-005.
Inadequate Staffing Ratios — Nap Time, IAS_VI-0785-001.
Inadequate Supervision, IAS_VI-0786-002.
Lack of Good Moral Character, IAS_VI-0787-001.
License Is Not Transferable to a New Home, IAS_VI-0788-001.
Local Regulation — Limitations On Noted, IAS_VI-0789-001.
Minimum Standards Defined & Discussed, IAS_VI-0790-001.
Operating In Excess of Licensed Capacity, IAS_VI-0791-002.
Operating Without a License, IAS_VI-0792-001.
Renewal — Abuse Registry Report (Failure to Properly Supervise), IAS_VI-0793-001.
Renewal — Agency Burden of Proof When Considering, IAS_VI-0794-002.
Renewal — Applicable Burden of Proof Examined, IAS_VI-0795-001.
Renewal — Criminal Conviction (DUI), IAS_VI-0796-001.
Renewal — Criminal Plea — Assignation to Commit Prostitution/Domestic Violence, IAS_VI-0797-001.
Renewal — Domestic Violence, IAS_VI-0798-001.
Renewal — Failure to Correct Deficiencies, IAS_VI-0799-001.
Renewal — Failure to Properly Train Staff, IAS_VI-0800-001.
Renewal — Failure to Protect Safety of Child, IAS_VI-0801-001.
Renewal — Failure to Screen Part-Time Resident — Son With Serious Criminal Record, IAS_VI-0802-001.
Renewal — Failure to Screen Staff, IAS_VI-0803-001.
Renewal — Inadequate Supervision (Napping While Children Slept), IAS_VI-0804-001.
Sexual Misconduct — Inappropriate Touching of Infant During Diaper Change, IAS_VI-0805-001.
Son Living In Home Had a Delinquency Adjudication, IAS_VI-0806-001.
Transporting Children In An Unsafe Manner, IAS_VI-0807-001.
Unsanitary Facility, IAS_VI-0808-001.
Untimely Request For Hearing, IAS_VI-0809-002.
Vicarious Liability of Owner of Facility For Actions of Subordinates, IAS_VI-0810-001.
Withholding Infant From Mother Briefly, IAS_VI-0811-001.
YMCA Found Not Exempt, IAS_VI-0812-001.
Developmental Disability Service Provider —
Moratorium On New Placements — Found Unauthorized, IAS_VI-0813-001.
Moratorium On New Placements — Lifted, IAS_VI-0814-001.
Foster Parent —
Abuse Registry Report — Abandonment of Adopted Child, IAS_VI-0815-001.
Acceptable Forms Of Discipline — Surveyed, IAS_VI-0816-001.
Accidental Injuries, IAS_VI-0817-001.
Allowing Registered Sex Offender On Premises, IAS_VI-0818-001.
Applicant Has the Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0819-002.
Central Abuse Registry Reports — Alone Are Not Competent Substantial Evidence, IAS_VI-0820-002.
Child At All Times Remains In the Legal Custody Of the Dept., IAS_VI-0821-001.
Confidentiality of Licensee Records, IAS_VI-0822-001.
Confirmed Report of Abuse, IAS_VI-0823-001.
Corporal Punishment (See Also Inappropriate Discipline)
Corporal Punishment — Denied, IAS_VI-0824-001.
Corporal Punishment — Dept. Policy Prohibiting Use of Examined, IAS_VI-0825-001.
Corporal Punishment — Improper Use of, IAS_VI-0826-009.
Criminal Plea — By Husband Living In the Home (Medicaid Fraud), IAS_VI-0827-001.
Denial of Request For Hearing As Untimely Affirmed, IAS_VI-0828-001.
Dept. Cannot Be Compelled to Place a Child With a Specific Licensee, IAS_VI-0829-001.
Dept. Complaint Must Provide In Writing Specific Reasons For Its Decisions Supported By “Some” Evidence, IAS_VI-0830-006.
Dept. Decisions Must Not Be Arbitrary or Capricious, IAS_VI-0831-001.
Dept. Denial of Licensure Application Reversed In Part, IAS_VI-0832-001.
Dept. Has Particularly Broad Discretion — Not An Occupational License, IAS_VI-0833-015.
Dept. Has the Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0834-004.
Dept. Issuance of a Privilege — Not a Right, IAS_VI-0835-011.
Dept. May Utilize Information In Central Abuse Registry But Must Substantiate It, IAS_VI-0836-002.
Dept. Need Not Provide Clear & Convincing Evidence, IAS_VI-0837-012.
Dept. Owes No Deference to DOAH Recommendation, IAS_VI-0838-002.
Dept. Retains Legal Custody of Child At All Times, IAS_VI-0839-001.
Different Rules Apply Than for Other Licenses, IAS_VI-0840-001.
Disparaging Comments About Foster Child, IAS_VI-0841-001.
Emotional, Verbal & Physical Abuse of Children, IAS_VI-0842-001.
Expired License Cannot Be Renewed Even If Administrative Challenge Is Pending, IAS_VI-0843-001.
Failure to Comply With Bilateral Service Agreement, IAS_VI-0844-001.
Failure to Cooperate With Dept., IAS_VI-0845-002.
Failure to Meet Minimum Standards, IAS_VI-0846-001.
Failure to Obtain Requested Psychiatric Treatment, IAS_VI-0847-001.
Failure to Protect Child From Sexual Abuse By Another Child, IAS_VI-0848-001.
Failure to Provide Nutritional Needs, IAS_VI-0849-001.
Failure to Provide Requisite Medical Care, IAS_VI-0850-001.
Failure to Screen Household Members, IAS_VI-0851-001.
Failure to Timely Return Possessions & Client Resource Records of Child After Removal From the Foster Home, IAS_VI-0852-001.
Family Member In Home With Felony Drug Record, IAS_VI-0853-001.
Foster Parent License Is Not a “Professional License” Subject to Strict Procedural Safeguards, IAS_VI-0854-015.
Harm to Child Not Required For Revocation, IAS_VI-0855-001.
Inadequate Staff & Facilities, IAS_VI-0856-001.
Inadequate Supervision, IAS_VI-0857-006.
Inappropriate Discipline (See Also Corporate Punishment), IAS_VI-0858-001.
Injury to Child — Serious — Delay In Medical Treatment, IAS_VI-0859-001.
Negative Abuse Registry Report Alone, IAS_VI-0860-001.
Neglect — Medical, IAS_VI-0862-001.
Out-of-Court Statements By Children — Admissibility, IAS_VI-0864-001.
Physical Abuse, IAS_VI-0865-003.
Physical Abuse — Bruises & Other Injuries, IAS_VI-0866-001.
Poor Judgment, IAS_VI-0867-001.
Refusing to Permit a Therapist Access to Child, IAS_VI-0868-001.
Refusing to Permit a Therapist Access to Child — In Private, IAS_VI-0869-001.
Restraints — Velcro — Use Of Found Acceptable, IAS_VI-0870-001.
Rule Of Five (5) Limitation On the Number Of Foster Children Discussed, IAS_VI-0871-001.
Sexual Abuse — Child-On-Child, IAS_VI-0872-003.
Sexual Abuse — Conditions Governing Minor’s Testimony, IAS_VI-0873-001.
Unsafe & Unsanitary Conditions, IAS_VI-0874-001.
Use of a Door Lock — Found Not to Be a Violation Per Se, IAS_VI-0875-001.
Use of a Harness — Found Not to Be a Violation Per Se, IAS_VI-0876-001.
Violation of Dept. No-Contact Demand After Children Were Removed From the Foster Home, IAS_VI-0877-001.
Foster Parent — Renewal —
Abuse Registry Report — Abandonment of Adopted Child — Denied, IAS_VI-0878-001.
Allowing a Child to Have Contact With Relatives Resulting In Exposure to Marijuana, IAS_VI-0879-001.
Applicable Burden of Proof Examined, IAS_VI-0880-001.
Applicant Has the Burden of Proof — By a Preponderance of the Evidence, IAS_VI-0881-001.
Exceeding Licensed Capacity of the Home, IAS_VI-0882-001.
Failure to Adequately Supervise, IAS_VI-0883-001.
Failure to Cooperate With Dept., IAS_VI-0884-001.
Failure to Maintain Confidences Regarding Children, IAS_VI-0885-001.
Failure to Provide Adequate Food & Medical Care, IAS_VI-0886-001.
Financial Inability to Provide For Children In the Home, IAS_VI-0887-001.
Inadequate Supervision, IAS_VI-0888-001.
New Address — Must Be Inspected Before New License Can Issue, IAS_VI-0889-001.
Physical Abuse, IAS_VI-0890-001.
Renewal — Violation of Rules, IAS_VI-0891-001.
Sexual Abuse — Child-On-Child, IAS_VI-0892-001.
Skinny Dipping With Minors, IAS_VI-0893-001.
Threatened Harm, IAS_VI-0894-001.
Unsafe & Unsanitary Conditions, IAS_VI-0895-003.
Violation of Substitute Care Agreement With Dept., IAS_VI-0896-001.
Group Home —
Failure to Correct Deficiencies, IAS_VI-0897-001.
Failure to Keep Requisite Written Records, IAS_VI-0898-001.
Unsafe & Unsanitary Facilities, IAS_VI-0899-001.
Residential Services Provider For Developmentally Disabled —
Renewal — Inadequate Supervision, IAS_VI-0900-001.
Renewal — Numerous Sanitation & Safety Violations, IAS_VI-0901-001.
Renewal — Violation of Rules Regarding Safety, Client Accounts, Staff & Food Supplies, IAS_VI-0902-001.
Licensure (See Also License) —
Child Care Facility (See Also License) —
§402.305(2) Prescribes Minimum Standards, IAS_VI-0903-001.
Abuse Registry Report — Abuse or Neglect, IAS_VI-0904-001.
Abuse Registry Report — Inadequate Supervision & Experimentation With Drugs, IAS_VI-0905-001.
Abuse Registry Report — Neglect & Inadequate Supervision, IAS_VI-0906-001.
Abuse Registry Report — Physical Abuse, IAS_VI-0907-001.
Abuse Registry Report — Physical Abuse — Improper Corporal Punishment, IAS_VI-0908-001.
Child Care Personnel — Defined, IAS_VI-0909-001.
Corporal Punishment — Improper, IAS_VI-0910-002.
Criminal Arrest: No Charge (Lewd Act On Minor), IAS_VI-0911-001.
Criminal History — Drug Related — Current Rulemaking Regarding Examined, IAS_VI-0912-001.
Criminal Plea — Possession & Sale of Marijuana & Cocaine, IAS_VI-0913-001.
Domestic Violence, IAS_VI-0914-001.
Domestic Violence — Applicant As the Victim, IAS_VI-0915-001.
Emergency Telephone Numbers Not Posted, IAS_VI-0916-001.
Failure to Screen All Members of the Household, IAS_VI-0917-004.
First Aid & CPR Training Certifications Had Expired, IAS_VI-0918-001.
First Aid Kit Incomplete, IAS_VI-0919-001.
Good Moral Character — Discussed, IAS_VI-0920-001.
Inadequate Staff & Facilities, IAS_VI-0921-001.
Inadequate Staffing Ratios, IAS_VI-0922-001.
Inadequate Supervision, IAS_VI-0923-003.
Legislative Intent Behind the Regulatory Scheme Examined, IAS_VI-0924-001.
Marijuana & Crack Cocaine Use In Front of Children, IAS_VI-0925-001.
Operating Without Proper Registration, IAS_VI-0926-001.
Provisional License — Cannot Be Reissued Three (3) Times Consecutively, IAS_VI-0927-001.
Three (3) Types of Day Care Facilities — Examined, IAS_VI-0928-001.
Unsafe & Unsanitary Facility, IAS_VI-0929-001.
YMCA Found Not Exempt, IAS_VI-0930-001.
Developmental Disability Group Home —
Failure to Conduct Background Screening of Employees, IAS_VI-0931-001.
Failure to Keep Adequate Daily Record of Medications Administered, IAS_VI-0932-001.
Failure to Provide An Accounting of Client Funds Received, IAS_VI-0933-001.
Standard License With Waiver Granted For Use of Manufactured Home, IAS_VI-0934-001.
Foster Parent (See Also License) —
Abandonment of Children Over Dispute Regarding Payment of State Funds, IAS_VI-0935-001.
Adverse Interview With Neighbor, IAS_VI-0936-001.
Applicant’s Burden of Proof, IAS_VI-0937-005.
Applicant’s Burden of Proof — Preponderance of the Evidence, IAS_VI-0938-001.
Central Abuse Registry Report — Probative Value of Examined, IAS_VI-0939-001.
Collection of Both Dept. Contract Rate & the Child’s SSI Benefits, IAS_VI-0940-001.
Corporal Punishment — Excessive & Repeated, IAS_VI-0941-001.
Criminal Conviction — Driving Under the Influence Manslaughter, IAS_VI-0942-001.
Failure to Participate In School Activities, IAS_VI-0943-001.
Failure to Plan Visits With Natural Family, IAS_VI-0944-001.
Failure to Protect Child From Dangerous Conditions, IAS_VI-0945-001.
Failure to Provide Adequate Nutrition, IAS_VI-0946-001.
Failure to Provide Requisite Medical Care, IAS_VI-0947-001.
Foster Parent License Is a Public Trust Not a Professional License, IAS_VI-0948-006.
Improper Use of Restraints, IAS_VI-0949-001.
Inadequate Supervision, IAS_VI-0950-001.
Lack of Good Moral Character, IAS_VI-0951-001.
Next Door Residence Houses Registered Sex Offender, IAS_VI-0952-001.
Physical Inability to Care For Children, IAS_VI-0953-001.
Request For Hearing Dismissed As Deficient, IAS_VI-0954-001.
Testimony of One (1) Neighbor Alone Found Insufficient, IAS_VI-0955-001.
There Is No Entitlement to, IAS_VI-0956-001.
Transporting a Child Across State Lines Without Permission, IAS_VI-0957-001.
Valid Only For One (1) Year, IAS_VI-0958-001.
Independent Waiver Support Coordinator —
Negative Employment Reference, IAS_VI-0959-001.
Medicaid (See MEDICAID)
Medical Assistance Funds (See MEDICAID)
Petition to Initiate Rulemaking —
Public Assistance Fraud Unit Economic Self Sufficiency Manual, IAS_VI-0960-001.
Public Assistance Appeals Hearings —
Denial of Disability Claims For Migraines & Other Maladies Reversed, IAS_VI-0961-001.
Disability Claim — Five-Step Sequential Evaluation Discussed, IAS_VI-0962-001.
Public Records Request By Newspaper For Confidential Records —
Supreme Court Creates 4th Home Rule Venue Exception For “Good Cause Analysis” Proceeding, IAS_VI-0963-001.
Relative Care Benefits —
Dept. Denial of Benefits On the Basis of Juvenile Court Decision Concluding Dependency Status of Children Reversed, IAS_VI-0964-001.
Purpose of This Program Examined, IAS_VI-0965-001.
Rule Variance or Waiver —
Child Placing Agency — Financial Requirements — Granted, IAS_VI-0966-003.
Child Placing Agency — Licensing Requirements, IAS_VI-0967-001.
Child Welfare Service Provider — Requirement That Caseworker Have a Bachelor’s Degree In Social Work — Denied, IAS_VI-0968-001.
Commingling of Crisis Stabilization Unit (CSU) and Children’s Detoxification Facility (ARF) Patients — Denied, IAS_VI-0969-003.
Crisis Stabilization Unit — Minimum Space Per Occupant — Multi-Occupant Space — Temporary — Granted, IAS_VI-0970-001.
Requirement For Written Signatures On Client Records — Allowing Use of Electronic Signatures, IAS_VI-0971-001.
Residential Treatment — Minimum Construction Standards — Granted, IAS_VI-0972-001.
Supplemental Security Income Disability Benefits (See MEDICAID)
On-Line Continuing Education Course — Approval Denied, IAS_VI-0973-001.
Declaratory Statement (See DECLARATORY STATEMENTS)
Criminal Charges (Trafficking In Oxycodone/Issuing Prescriptions For Monetary Gain/Delivering a Controlled Substance), IAS_VI-0974-001.
Emergency Suspension —
Controlled Substances — Dispensing Outside the Scope of a Professional Practice, IAS_VI-0975-001.
Controlled Substances — Dispensing Without a License, IAS_VI-0976-001.
Criminal Plea — Insurance Fraud, IAS_VI-0977-001.
Criminal Plea — Lewd Or Lascivious Child Molestation, IAS_VI-0978-001.
Criminal Plea — Lewd Or Lascivious Molestation of a Child Under 12 (Twelve) Years of Age), IAS_VI-0979-001.
Criminal Plea — Obtaining Controlled Substances By Fraud, IAS_VI-0980-001.
Default On Student Loan, IAS_VI-0981-010.
Default On Student Loan — Pre-Notice Advisory Found Defective — Order Quashed, IAS_VI-0982-001.
Exploiting Patients For Financial Gain, IAS_VI-0983-001.
Failure to Keep Requisite Written Records, IAS_VI-0984-001.
Failure to Perform Statutory or Legal Obligation, IAS_VI-0985-003.
Failure to Preserve Patient Confidentiality, IAS_VI-0986-001.
Final Order Lifting Emergency Suspension: Health v. Catalfo, IAS_VI-0987-001.
Fraudulent Conduct, IAS_VI-0988-001.
Opioid Dependence, IAS_VI-0989-001.
Order Lifting Emergency Suspension: In Re: Gerald D. Siverling, D.C., IAS_VI-0990-001.
Positive Drug Screen For Benzodiazepines, IAS_VI-0991-001.
Unacceptable Level of Care, IAS_VI-0992-001.
False Statements On Licensure Application (Failure to Disclose Prior Criminal Record), IAS_VI-0993-001.
Filing a False Report, IAS_VI-0994-001.
Sexual Abuse of Patient, IAS_VI-0995-001.
Challenge to Grading, IAS_VI-0996-002.
Challenge to Grading — Physical Diagnosis Part, IAS_VI-0997-007.
Challenge to Grading — Practical, IAS_VI-0998-001.
Challenge to Grading — Technique Part, IAS_VI-0999-001.
Physiotherapy Discussed, IAS_VI-1000-001.
Motion For Modification of Final Order —
Criminal Plea — Vacated After Imposition of Discipline —
Motion Denied Except Bd. Records Ordered Amended to Expunge Any Record of Discipline, IAS_VI-1001-001.
Authority to Authorize the Transport of Concentrated Citrus Products Found, IAS_VI-1002-001.
Processor Grade Discussed, IAS_VI-1003-001.
CITY GOVERNMENT (See Also ATTORNEY GENERAL’S OPINIONS; COUNTY GOVERNMENT; TAKING (CONDEMNATION) (INVERSE CONDEMNATION); ZONING)
Annexation Planning Agreements Need Not Be Accomplished Through Comprehensive Plan Amendments, IAS_VI-1004-001.
Comprehensive Planning Is Not a Prerequisite to Annexation, IAS_VI-1005-001.
Future Annexation Agreements Are Not Limited to Joint Planning Areas, IAS_VI-1006-001.
Interlocal Agreements Governing Annexation Planning Are Permissible, IAS_VI-1007-001.
Annexation — Voluntary —
Found to Render Developer’s Agreement With County Ineffective, IAS_VI-1008-001.
Found to Supercede County Authority Over Appurtenant Developer’s Agreement, IAS_VI-1009-001.
Property Subsequently To Be Monitored By City For Compliance With Land-Use Plan, IAS_VI-1010-001.
Salt Water Fishing —
Authority to Regulate Examined, IAS_VI-1011-001.
Requisite Work Experience Found Lacking, IAS_VI-1012-001.
COMMUNITY AFFAIRS, Dept. of (See Also Index to Administrative Order By Agency (IAA) For Index to Binding Letters By County; DECLARATORY STATEMENTS)
Area of Critical State Concern (See Comprehensive Plan, Amendments to)
Binding Letter (See Also Index to Administrative Orders By Agency (IAA) For Index By County) —
Interpretation of Vested Rights Status —
Aggregation Rule — Discussed, IAS_VI-1013-001.
Aggregation Rule — Found to Be Inapplicable, IAS_VI-1014-001.
Aggregation Rule — Unified Plan of Development Discussed, IAS_VI-1015-001.
Demolition & Reconstruction Within Same Approximate Footprint Does Not Vitiate Vested Rights Per Se, IAS_VI-1016-001.
Housing — Affordable — Impact On Considered, IAS_VI-1017-005.
Hurricane Shelter Space — Impact On, IAS_VI-1018-001.
Letter of Correction Issued, IAS_VI-1019-001.
Potable Water & Wastewater Facilities — Impacts On Considered, IAS_VI-1020-001.
Regionally Significant Resources, IAS_VI-1021-002.
Regionally Significant Resources — Archeological, IAS_VI-1022-002.
Regionally Significant Resources — Vegetation & Wildlife, IAS_VI-1023-004.
Substantial Changes — Found, IAS_VI-1024-001.
Substantial Changes — Not Found, IAS_VI-1025-001.
Transportation — Regionally Significant Roadways Identified, IAS_VI-1026-013.
Modification to DRI With Vested Rights —
Natural Resources — Impacts On Considered, IAS_VI-1027-001.
Potable Water & Wastewater Facilities — Impacts On Considered, IAS_VI-1028-001.
Regionally Significant Resources — Archaeological Site, IAS_VI-1029-001.
Regionally Significant Resources — Endangered & Threatened Species, IAS_VI-1030-002.
Regionally Significant Resources — Wetlands, IAS_VI-1031-001.
Substantial Changes — Found, IAS_VI-1032-005.
Substantial Changes — Not Found, IAS_VI-1033-004.
Transportation — Regionally Significant Roadways Identified, IAS_VI-1034-004.
Building Comm. —
Building Code Generally Applies to Construction In Fla. & Is Enforced By Local Building Departments, IAS_VI-1035-001.
Jurisdiction Over Liquid Petroleum Gas Facilities Found, IAS_VI-1036-001.
Community Development Block Grant —
Challenge to Scoring of Application, IAS_VI-1037-001.
Competitive Grant Application Process Discussed, IAS_VI-1038-001.
Comprehensive Plan (See Also ADMINISTRATION Comm.; COUNTY GOVERNMENT, Local Comprehensive Plan) —
Agricultural Uses Are Expressly Excluded From Intensity Standards, IAS_VI-1039-001.
Agriculture Explicitly Excluded From the Definition of “Development”, IAS_VI-1040-003.
Definition of “Development” Is the Same Under Both §163 & §380, IAS_VI-1041-001.
Land Development Regulations (LDR’s) Must Be Consistent With, IAS_VI-1042-001.
Purpose of This Act Examined, IAS_VI-1043-001.
Role of Dept. In Reviewing Local Comprehensive Plans Examined, IAS_VI-1044-001.
§163.3184(12) Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Affordable Housing — Greatly Underserved In Fla. Keys, IAS_VI-1046-001.
Amendments to —
Area of Critical State Concern — All Amendments (Including Small Scale) Must Be Consistent With Principles Guiding Development, IAS_VI-1047-001.
Area of Critical State Concern — Dept. Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1048-001.
Considerable Discretion of Local Government Noted, IAS_VI-1049-002.
Consistency With Environmental Permitting Standards Denied, IAS_VI-1050-001.
Designation As a Sustainable Community — Review of Is Streamlined, IAS_VI-1051-001.
In Compliance Determination Is Applicable, IAS_VI-1052-001.
Intervenor Challenge Is Limited to Amendments, IAS_VI-1053-002.
Limited Compliance Review of a Local Government’s Adoption Process Is Still Appropriate, IAS_VI-1054-001.
Must Be — Based On Appropriate Date, IAS_VI-1055-001.
Must Be — Internally Consistent, IAS_VI-1056-001.
Need Not Be Consistent With Prior Stipulated Settlement Agreement, IAS_VI-1057-001.
Small Scale Plan Amendments, IAS_VI-1058-004.
Small Scale Plan Amendments — Dept. Does Not Review Unless In Area of Critical State Concern, IAS_VI-1059-001.
Time Limits Governing Are Not a Compliance Criterion, IAS_VI-1060-001.
Annexation Maps —
Need Not Encompass All Potential Annexations Nor Be the Subject of An Interlocal Agreement, IAS_VI-1061-001.
Commence Development —
Standing — County Government, IAS_VI-1062-001.
Compliance Agreement —
Does Not Constitute Final Agency Action, IAS_VI-1063-001.
Is Neither An Order Nor a Rule, IAS_VI-1064-001.
Concurrency Defined & Discussed, IAS_VI-1065-001.
Internal Consistency — Discussed, IAS_VI-1066-006.
With Land Development Regulations — Not a Compliance Criterion, IAS_VI-1067-001.
Development Order —
§163.3215 Challenges Are the Exclusive Domain of Circuit Courts, IAS_VI-1068-001.
§163.3215 Does Not Grant a Role to the Dept. In Challenge to, IAS_VI-1069-001.
DRI Development Order Not Subject to “In Compliance” Review In Challenge to Comp. Plan Amendments, IAS_VI-1070-001.
Economic Feasibility of Plan —
Is Required, IAS_VI-1072-001.
Electrical Transmission Line —
Preemption of §163 & §366 Examined, IAS_VI-1073-001.
Does Not Constitute “Development”, IAS_VI-1074-001.
Future Annexation Area Map —
Amendment of Constitutes Comprehensive Plan Amendment – Not Mere Data & Analysis, IAS_VI-1075-001.
Future Land Use Element —
Defined & Discussed, IAS_VI-1076-001.
Future Land Use Map —
Amount of Land Required to Accommodate Anticipated Growth Is Only One of Several Possible Bases For, IAS_VI-1078-001.
Must Be Internally Consistent With Other Elements of the Comprehensive Plan, IAS_VI-1079-002.
Not Necessarily Restricted to a Gross Acreage Total, IAS_VI-1080-001.
Numerical Land Use Over-Allocation Alone Is Not Dispositive, IAS_VI-1081-001.
Numerical Land Use Over-Allocation Not Fatal to, IAS_VI-1082-001.
Oversupply of Vacant Commercial Land Does Not Preclude Small Addition to Inventory, IAS_VI-1083-001.
Purpose of Examined, IAS_VI-1084-001.
Relationship of Zoning Ordinance to, IAS_VI-1085-001.
In Compliance —
DOAH Proceeding Is De Novo, IAS_VI-1086-001.
May Contain Different Standards For Different Types of Development, IAS_VI-1088-001.
Only Issue Considered In Comp. Plan Challenge, IAS_VI-1089-001.
Procedural Flaws Must Be Prejudicial In Order To Be Probative, IAS_VI-1090-001.
Review of Is De Novo, IAS_VI-1091-001.
Intergovernmental Coordination Element —
Annexation Planning Agreements Need Not Be Accomplished Through Comprehensive Plan Amendments, IAS_VI-1092-001.
Comprehensive Planning Is Not a Prerequisite to Annexation, IAS_VI-1093-001.
Future Annexation Agreements Are Not Limited to Joint Planning Areas, IAS_VI-1094-001.
Interlocal Agreements Governing Joint Annexation Planning Are Permissible, IAS_VI-1095-001.
Interlocal Agreements Need Not Be Incorporated In the Comprehensive Plan, IAS_VI-1096-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Persons — Business Activities Discussed, IAS_VI-1097-001.
Affected Persons — Defined, IAS_VI-1098-010.
Associational Standing — Requirements For, IAS_VI-1099-001.
Burden of Proof — Not Even Fairly Debatable Standard, IAS_VI-1100-016.
Burden of Proof — Not Even Fairly Debatable Standard — Is a Heavy One, IAS_VI-1101-004.
Burden of Proof — When Dept. & Local Government Reaches a Stipulated Settlement, IAS_VI-1102-001.
Public Participation Requirement — Failure to Follow Procedures Governing Must Be Prejudicial In Order to Be Actionable, IAS_VI-1103-001.
Public Participation Requirement — Examined, IAS_VI-1104-003.
Standing — Adjoining Local Government Defined & Discussed, IAS_VI-1105-001.
Standing — Affected Person Defined & Discussed, IAS_VI-1106-001.
Standing — Business, IAS_VI-1107-001.
Standing — Citizens, IAS_VI-1108-001.
Standing — Incorporated Association Found to Lack, IAS_VI-1109-001.
Standing — Sierra Club, IAS_VI-1110-001.
Standing — Unincorporated Association Found to Have, IAS_VI-1111-001.
Standing — Unincorporated Association Found to Lack, IAS_VI-1112-001.
Substantially Affected Test — Is Inapplicable, IAS_VI-1113-001.
Land Development Regulations In Conflict With Are Superceded, IAS_VI-1114-001.
Natural Resource Issues —
Agriculture Is Explicitly Excluded In §163 From the Definition of “Development”, IAS_VI-1115-001.
Regional Planning Council Policy Plans —
Do Not Establish Consistency With, IAS_VI-1116-001.
Requisite Data, Studies, etc. —
All Data Available At Time of Adoption Is Germane Even If Not Actually Considered, IAS_VI-1118-002.
Appropriate & Best Available Data Is to Be Utilized, IAS_VI-1119-001.
Available Data Includes Data the Local Government Is Not Aware of, IAS_VI-1120-002.
Available Data Limited to That Available At the Time of Hearing, IAS_VI-1121-001.
Best Available — Data Must Be Utilized, IAS_VI-1122-001.
Best Available — Existing Data Must Be Used, IAS_VI-1123-001.
Data Need Not Be “Groundtruthed”, IAS_VI-1124-001.
Future Area Annexation Map Found to Actually Be Part of the Comprehensive Plan, IAS_VI-1125-001.
In Support of, IAS_VI-1126-004.
Includes Data Not Identified or Actually Relied Upon By the Local Government, IAS_VI-1127-002.
Maximum Densities Authorized Should Be Used to Calculate the Allocation Ratio, IAS_VI-1128-001.
New Data Can Be Considered At Formal Hearing, IAS_VI-1129-004.
Original Data Need Not Be Collected, IAS_VI-1130-001.
Population Projections, IAS_VI-1131-001.
Reasonable Relationship Between Land Allocated For Development & Expected Population Growth In Relevant Time Frame, IAS_VI-1132-001.
School Concurrency Discussed, IAS_VI-1133-002.
Sewer Main Extension — Exempt From §163, IAS_VI-1134-001.
Sludge Disposal Issues — Not Considered, IAS_VI-1135-001.
State Comprehensive Plan —
Test For Consistency With, IAS_VI-1136-001.
Comprehensive Plan — Alachua County — Intervenor Challenge to Amendment, IAS_VI-1137-001.
Comprehensive Plan — Bay County — Intervenor Challenge to Small Scale Amendment, IAS_VI-1138-001.
Comprehensive Plan — Broward County — Intervenor Challenge to Amendment, IAS_VI-1139-001.
Comprehensive Plan — City of Bradenton — Intervenor Challenge to Amendment, IAS_VI-1140-001.
Comprehensive Plan — City of Deland — Intervenor Challenge to Amendment, IAS_VI-1141-001.
Comprehensive Plan — City of Palm Bay — Intervenor Challenge to Amendment, IAS_VI-1142-001.
Comprehensive Plan — City of Stuart — Intervenor Challenge to Amendment —
Affirmed In Part, IAS_VI-1143-001.
Dept. Denial of Challenge — Affirmed, IAS_VI-1144-001.
Dept. Denial of Challenge — Reversed In Part, IAS_VI-1145-001.
Martin County Challenge to Amendment, IAS_VI-1146-002.
Comprehensive Plan — City of Wellington — Intervenor Challenge to Amendment, IAS_VI-1147-001.
Comprehensive Plan — Collier County — Intervenor Challenge to Amendment, IAS_VI-1148-004.
Comprehensive Plan — Collier County — Intervenor Challenge to Amendment — Dept. Denial of Challenge Affirmed, IAS_VI-1149-001.
Comprehensive Plan — Escambia County — Intervenor Challenge to Small Scale Plan Amendment, IAS_VI-1150-001.
Comprehensive Plan — Escambia County — Intervenor’s Challenge to Amendment, IAS_VI-1151-002.
Comprehensive Plan — Islamorada — Intervenor Challenge to Amendment, IAS_VI-1152-001.
Comprehensive Plan — Jupiter — Intervenor Challenge to Amendment, IAS_VI-1153-001.
Comprehensive Plan — Lee County — Intervenor Challenge to Amendments, IAS_VI-1154-001.
Comprehensive Plan — Marion County — Intervenor Challenge to Small Scale Plan Amendment, IAS_VI-1155-001.
Comprehensive Plan — Martin County — Intervenor Challenge to Amendment, IAS_VI-1156-002.
Comprehensive Plan — Martin County — Intervenor Challenge to Amendment — Third Party Appeal Dismissed For Lack of Standing, IAS_VI-1157-001.
Comprehensive Plan — Martin County — Intervenor Challenge to Amendment — Appeal Dismissed For Lack of Standing, IAS_VI-1158-001.
Comprehensive Plan — Monroe County — Intervenor Challenge to Small Scale Amendment, IAS_VI-1159-001.
Comprehensive Plan — Ocala — Intervenor Challenge to Amendment, IAS_VI-1160-001.
Comprehensive Plan — Putnam County — Intervenor Challenge to Amendment, IAS_VI-1161-001.
Comprehensive Plan — Sarasota County — Intervenor Challenge to Amendment, IAS_VI-1162-001.
Comprehensive Plan — St. Johns County — Intervenor Challenge to Amendment, IAS_VI-1163-003.
Comprehensive Plan — Sumter County — Intervenor Challenge to Amendment, IAS_VI-1164-001.
Comprehensive Plan — Sumter County — Intervenor Challenge to Amendment — Dept. Denial of Challenge Affirmed, IAS_VI-1165-001.
Comprehensive Plan — Town of Juno Beach — Intervenor Challenge to Amendment, IAS_VI-1166-001.
Comprehensive Plan — Village of Wellington — Intervenor Challenge to Amendment, IAS_VI-1167-001.
Consistency of Local Ordinance With Local Comprehensive Plan (See Also ADMINISTRATIVE HEARINGS, Div. of; COUNTY GOVERNMENT; Local Comprehensive Plan) —
Islamorada — Motion to Vacate & Reenter Final Order: Baad et al. v. Dept. of Community Affairs & Islamorada, IAS_VI-1168-001.
Key West — Transient Rental Ordinance, IAS_VI-1169-001.
Lake Alfred, City of — Land Development Regulations For Green Swamp Area — Rejected, IAS_VI-1170-001.
Leon County — Petition Dismissed As Untimely, IAS_VI-1171-001.
Monroe County — Affordable Housing Allocation, IAS_VI-1172-001.
Monroe County — Limited Transient Rentals, IAS_VI-1173-001.
Nassau County Land Development Regulations —
Wetland Buffer Requirements, IAS_VI-1174-001.
Standing Requirements — Discussed & Found Satisfied, IAS_VI-1175-001.
Time Limit For Challenges — Examined, IAS_VI-1176-001.
Declaratory Statement (See DECLARATORY STATEMENTS)
Emergency Management Preparedness & Assistance Trust Fund —
City of Wauchula —
Challenge to Merger of Applications — Denied, IAS_VI-1177-001.
Dade County —
Challenge to Scoring of Application — Denied, IAS_VI-1178-001.
Legislature Found to Have Defunded the Municipal Competitive Grant Program, IAS_VI-1179-001.
Energy Conservation Standards Act —
Discretion of the Dept. Is Broad, IAS_VI-1180-001.
Expansion of Current Standards — Found Instead to Be a Federal Prerogative, IAS_VI-1181-001.
Only “Consumer Products” Are Covered, IAS_VI-1182-001.
Fla. Communities Trust (See Also Rule Variance or Waiver) —
Walter Jones Historical Park —
Third Party Challenge to Changes In Management Plan — Dismissed, IAS_VI-1183-001.
Fla. Hazardous Materials/Emergency Response/Community Right-to-Know Act —
Failure to Submit Annual Registration Forms & Fees — Notice Found Deficient, IAS_VI-1184-001.
Late Fees Reduced After Appellate Court Reversal, IAS_VI-1185-001.
Notice of Violation —
Monroe County — Habitat Analysis As Per County Evaluation Index Handbook — Found to Be Deficient, IAS_VI-1186-001.
Petition to Initiate Rulemaking —
Energy Conservation Standards Act — Request to Cover Ten (10) Additional Types of Electrical Equipment — Denied, IAS_VI-1187-001.
Liquid Petroleum Gas — Fla. Bldg. Code — Proposed Repeal of, IAS_VI-1188-001.
Rule Variance or Waiver —
Building Comm. —
Handicapped Access to All Areas of New Dade County Performing Arts Center — Granted, IAS_VI-1189-001.
Community Development Block Grant —
Provisions Governing Whether a Grant Was “On Schedule” — Denied, IAS_VI-1190-001.
Community Development Block Grant — Emergency Petition Found Inappropriate, IAS_VI-1191-001.
Community Development Block Grant — Notice of Public Hearings — Denied, IAS_VI-1192-001.
Fla. Communities Trust Grant —
Application Deadline — Denied, IAS_VI-1193-001.
Preacquired Property — Denied, IAS_VI-1194-002.
Preacquired Property — Granted, IAS_VI-1195-005.
Hazardous Materials Reporting Act — Annual Registration & Late Fees, IAS_VI-1196-001.
Urban Infill & Redevelopment Assistance Grant —
Florida City Challenge to Grading of Application — Denied, IAS_VI-1197-001.
CONSTITUTION (Fla.) (See Also CONSTITUTION (U.S.); PRACTICE & PROCEDURE, Constitutional Issues, Due Process)
Amendment By Voter Initiative —
Appellate Review — Supreme Court —
Constitutional Initiative Provisions — Parallel Constitutional Issues Are Not Justiciable, IAS_VI-1198-001.
Limited Scope of Review, IAS_VI-1199-003.
Multiple Functions of Government — Effect On, IAS_VI-1200-003.
Supreme Court Is Without Authority to Rule On the Merits of the Proposal, IAS_VI-1201-001.
Without Authority to Rule On the Merits of the Proposal, IAS_VI-1202-002.
Authorization For Dade & Broward Voters to Approve Slot Machines In Parimutuel Facilities, IAS_VI-1203-001.
Ballot Title & Summary Are to Be Read Together, IAS_VI-1204-003.
Ballot Title & Summary Found Adequate, IAS_VI-1205-005.
Ballot Title & Summary Must Afford Fair Notice, IAS_VI-1206-002.
Ballot Title & Summary Must Be Accurate & Informative, IAS_VI-1207-001.
Ballot Title & Summary Need Not Explain Every Detail, IAS_VI-1208-002.
Fiscal Impact Analysis & Statement For All Initiatives, IAS_VI-1209-001.
Fiscal Impact Statement Requirement Imposed By Legislature — Found Facially Unconstitutional, IAS_VI-1210-001.
Patients’ Right to Know About Adverse Medical Incidents, IAS_VI-1211-001.
Pre-Kindergarten Education — Voluntary — Universal — Free, IAS_VI-1212-001.
Public School Class Size Limitation, IAS_VI-1213-001.
Single-Subject Test (See Also Statutes) —
Affect On Multiple Branches of Government, IAS_VI-1214-004.
Amendment of By Ballot Initiative, IAS_VI-1215-001.
Applies Only to Amendment By Voter Initiative, IAS_VI-1216-001.
Discussed & Found Satisfied, IAS_VI-1217-003.
Logrolling — Prohibition On Examined, IAS_VI-1218-002.
Logrolling — Requirement For Legislative Funding Does Not Constitute, IAS_VI-1219-001.
Purpose of Discussed, IAS_VI-1220-003.
Statutes Governing —
Cannot Weaken the Initiative Process, IAS_VI-1221-001.
Fiscal Impact Statement Held to Be Unconstitutional, IAS_VI-1222-001.
Must Be Necessary For Ballot Integrity, IAS_VI-1223-001.
Test For Whether An Initiative Is Self-Executing — Examined, IAS_VI-1224-001.
University System — Local Trustees & Statewide Governing Board, IAS_VI-1225-001.
Construction (See Also RULES & RULEMAKING; STATUTES) —
Every Word Should Be Given Its Intended Meaning & Effect, IAS_VI-1226-001.
Intent of the Voters Is the Polestar For Initiatives, IAS_VI-1227-001.
Plain Meaning of Ordinary Words Is the First Consideration, IAS_VI-1228-002.
Related Provisions Construed In Para Materia, IAS_VI-1229-002.
Due Process (See Also CONSTITUTION (U.S.); PRACTICE & PROCEDURE) —
Destruction of Citrus Trees (See AGRICULTURE & CONSUMER SERVICES, Citrus Canker — Order to Destroy Trees)
Destruction of Citrus Trees — Citrus Canker — After-the-Fact Hearing & Compensation Alone Is Required, IAS_VI-1230-001.
Emergency Final Order Found to Violate As Facially Deficient, IAS_VI-1231-001.
Participation In Interscholastic High School Competitions Found Not to Involve Fundamental or Substantial Rights Per Se, IAS_VI-1232-001.
Procedural Due Process Protections — Examined, IAS_VI-1233-001.
Substantive — Citrus Canker — Duty to Provide Just & Full Compensation, IAS_VI-1234-001.
Written Final Order In Conflict With Oral Pronouncements At Hearing Found to Violate, IAS_VI-1235-001.
Emergency Final Order (See PRACTICE & PROCEDURE, Emergency Procedures)
Executive Branch —
Found Not to Include Bd. of Trustees of a Community College, IAS_VI-1236-001.
Free Exercise of Religion Clause —
Generally Considered to Be Coequal to the Federal Clause, IAS_VI-1237-001.
Free Public Schools —
Constitutional Requirement For Free Public Schools Does Not Contemplate Public Programs That Pay For Private Schools, IAS_VI-1238-001.
Tax Dollars May Not Be Used to Send Fla. Students to Private Schools, IAS_VI-1239-001.
Agencies Are Legally Prohibited From Spending Money In Excess of Their Appropriation, IAS_VI-1240-004.
Cannot Contain Provision On Substantive Matters, IAS_VI-1241-001.
Collective Bargaining Rights of Public Employees Vis the Appropriations Power, IAS_VI-1242-001.
Treatment of Monies Not Expended — Examined, IAS_VI-1243-001.
Legislatures Are Not Limited to Acting Only Where There Is Scientific Certainty — Citrus Canker Eradication, IAS_VI-1244-001.
Police Power —
Can Be Utilized to Protect & Promote Economic Interests — Citrus Canker, IAS_VI-1245-001.
Power to Impose Penal Sanction Must Be Expressly Delegated By Statute, IAS_VI-1247-001.
Scientific Certainty Is Required, IAS_VI-1248-001.
Presumptions (See PRACTICE & PROCEDURE, Evidence)
Right to Privacy —
Adult Entertainment Worker ID Card Requirement — Found Not to Violate, IAS_VI-1249-001.
Expressly Made Subservient to the Public Records Act, IAS_VI-1250-001.
Florida’s Provision Found to Be Broader Than Corresponding Federal Provision, IAS_VI-1251-001.
Criminal Investigation — Medical Records of AIDS Patients, IAS_VI-1252-001.
Not Funding the Exercise of a Right Is Far Different From Infringing It, IAS_VI-1253-001.
Right to Effective Counsel In License Disciplinary Case — None, IAS_VI-1254-001.
Scope of Found Broader Than Federal Counterpart, IAS_VI-1255-001.
Rules (See RULES & RULEMAKING, Constitutional Challenge)
Separation of Powers —
Agency Cannot Be Compelled to Spend Beyond Its Appropriation, IAS_VI-1256-001.
As a Brake On Judicial Power — Examined, IAS_VI-1257-001.
Challenge Alleging Rejected, IAS_VI-1258-001.
Legislature Has Exclusive Control Over Public Funds — Need Not Fund Collective Bargaining Agreement, IAS_VI-1259-001.
Legislature’s “Inner Workings” Cannot Be Reached, IAS_VI-1260-001.
Statutes (See Also STATUTES, Constitutionality) —
Courts Should Not Second Guess the Legislature, IAS_VI-1261-001.
Facial Validity — Procedure For Evaluating, IAS_VI-1262-001.
Failure of Agency With Jurisdiction & the Attorney General to Participate In An Appeal Has No Effect, IAS_VI-1263-001.
General Vis Special Laws, IAS_VI-1264-001.
Reasonableness Requirement Validated, IAS_VI-1265-001.
Requirements That Conduct Be “Reasonable” Have Consistantly Been Upheld, IAS_VI-1266-001.
Single Subject Requirement (See Also Amendment By Voter Initiative) —
Designed to Prevent Evils of “Logrolling”, IAS_VI-1267-001.
Found Less Stringent For Legislation Than For Constitutional Initiatives, IAS_VI-1269-001.
Found Violated, IAS_VI-1270-001.
Not As Restrictive As For Constitutional Initiatives, IAS_VI-1271-001.
Not Intended to Deter or Impede Legislature’s Prerogatives, IAS_VI-1272-001.
Requirement For a Natural or Logical Connection Between Provisions, IAS_VI-1273-001.
Wide Latitude Must Be Accorded the legislature In the Enactment of Laws, IAS_VI-1274-001.
State Officers & Agencies Lack Standing to Challenge Constitutionality of, IAS_VI-1275-001.
Test For Examined, IAS_VI-1276-001.
Taxation (See REVENUE, Dept. of; TAXATION)
CONSTITUTION (U.S.) (See Also CONSTITUTION (Fla.))
Double Jeopardy (See DISCIPLINE, Criminal Plea)
Due Process (See Also CONSTITUTION (Fla.); PRACTICE & PROCEDURE) —
Does Not Protect Against Every Alleged Injury At the Hands of the State, IAS_VI-1278-001.
Police Power of the State Examined, IAS_VI-1279-001.
Procedural — Discussed, IAS_VI-1280-001.
Procedural Vis. Substantive Protections, IAS_VI-1281-001.
Reasonable Relationship Test — Examined, IAS_VI-1282-001.
Equal Protection Clause —
Challenge to Refusal to Fund Medically Necessary Abortions, IAS_VI-1283-001.
DUI Defendants Are Not a Suspect Class, IAS_VI-1284-001.
Exclusive Intertrack Pari-Mutuel Horse Wagering License, IAS_VI-1285-001.
Rational Basis Test — Discussed & Applied, IAS_VI-1286-003.
Sex-Based Classifications Are Not Subject to Strict Scrutiny, IAS_VI-1287-001.
Sex-Based Classifications Not Afforded Greater Protection, IAS_VI-1288-001.
First Amendment —
Applies to States Under the 14th Amendment, IAS_VI-1289-001.
Commercial Speech —
Billboard Permitting Regulations — Off Site, IAS_VI-1290-001.
Prior Restraint On — DOT Billboard Rule Found Not to Constitute, IAS_VI-1291-001.
Prior Restraint On — Standards Governing Determination of the Validity of, IAS_VI-1292-001.
Protection Is Lesser Than For Other Forms of Speech, IAS_VI-1293-001.
Political Contributions As, IAS_VI-1294-001.
Regulation of Free Speech Activities In State Parks —
Parameters of Acceptable Restrictions — Examined, IAS_VI-1295-001.
Scope of Florida Constitutional Protection Is the Same, IAS_VI-1296-001.
Fourteenth Amendment Liberty Interests Subject to Protection —
State Action Subject to Rational-Basis Scrutiny Which Rationally Furthers Identified State Purposes, IAS_VI-1297-001.
Fourth Amendment —
Dept. of Agriculture Citrus Canker Eradication Program —
Warrant Requirements — Examined, IAS_VI-1298-001.
Impairment of Contract —
Balancing Against Legitimate Public Purpose, IAS_VI-1299-001.
Statute May Not Offend Prohibition Against, IAS_VI-1300-001.
Import-Export Clause —
Absolute Ban On Contravening Legislative Enactments, IAS_VI-1301-001.
Privilege Against Self-Incrimination —
Applicable to Administrative Proceeding, IAS_VI-1302-002.
Cannot Be Asserted Selectively, IAS_VI-1304-001.
Deposition Testimony, IAS_VI-1305-001.
Does Not Justify Indefinite Continuance of An Administrative Proceeding When There Is a Parallel Criminal Case, IAS_VI-1306-001.
Found Applicable, IAS_VI-1307-002.
Request For Admissions, IAS_VI-1308-001.
Williams-Rule Evidence — Discussed, IAS_VI-1309-001.
Right to Travel —
An Interstate Not Intrastate Protection, IAS_VI-1310-001.
Manatee Protection Zone Boat Speed Limit Does Not Violate, IAS_VI-1311-001.
Construction Industries Recovery Fund —
Bd. Denial of Recovery On Technical Basis of Timing of Title Transfer — Reversed, IAS_VI-1312-001.
Denial of Recovery — Reversed, IAS_VI-1313-001.
Purpose of the Fund — Examined, IAS_VI-1314-001.
Bd. “Automatic” Suspension of License With Only Four (4) Days Notice — Reversed, IAS_VI-1315-001.
Bd. Confesses Error & Rescinds Suspension of License & Order to Repay the Recovery Fund, IAS_VI-1316-001.
Bd. Fine For Failure to Satisfy Judgment — Affirmed, IAS_VI-1317-001.
Bd. Fine, Suspension & Order For Restitution On Basis of Vicarious Liability — Affirmed, IAS_VI-1318-001.
Failure to Satisfy a Judgment — Whether Licensee Was a “Qualifier” Found Irrelevant, IAS_VI-1319-001.
Fine & Order For Failure to Satisfy Judgment — Affirmed, IAS_VI-1320-001.
Settlement — Bd. Construction of Settlement Document, IAS_VI-1321-001.
Swimming Pool/Spa Contractor —
Lack of Good Moral Character — Bd. Finding of — Reversed, IAS_VI-1322-001.
CONTRACTS (See Also CONTRACTS Bids/Protests)
Trade Secrets — Must Be Marked As Confidential In Writing Prior to Filing to Be Exempt From Public Records Act, IAS_VI-1323-001.
CONTRACTS (Bids/Protests) (See Also CONTRACTS)
Exemption From — Competitive Mechanism Can Nonetheless Be Utilized, IAS_VI-1324-001.
Agency Contract Must Reflect Substance of the Successful Bid, IAS_VI-1325-001.
Agency Has Discretion Over Choice of Remedies, IAS_VI-1326-001.
Arbitrary Agency Action — Defined, IAS_VI-1327-002.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Awarded — Failure of Corporate Officers to Appear For Depositions, IAS_VI-1328-001.
Bid Specifications —
Cannot Be Vague, Arbitrary Or Otherwise Unreasonable, IAS_VI-1330-001.
Rejection of All Bids If Process Is Confusing Or Ambiguous, IAS_VI-1331-001.
Agency Must Give Protestant Both Notice of Any Deficiency & An Opportunity to Cure, IAS_VI-1332-001.
Broward County School Bd. —
Petition to Override Bd. Grant of Stay — Denied, IAS_VI-1333-001.
Children & Families —
Community Treatment Program For Persons With Severe & Persistent Mental Illnesses, IAS_VI-1334-001.
Community Treatment Program For Severe Mental Illness, IAS_VI-1335-001.
Community-Based Care For Child Protection Services — Legislatively-Mandated Award, IAS_VI-1336-001.
Correctional Privatization Comm., IAS_VI-1337-001.
Implementation of Fla. Assertive Community Treatment Programs For Persons With Severe Mental Illness — Dist. 4, 7 & 11, IAS_VI-1338-001.
Contrary to Competition Analysis, IAS_VI-1339-001.
Contract — Request For Proposals (RFP) — Protest —
School Buses — Protest Dismissed As Both Untimely & Premature, IAS_VI-1340-001.
School Buses — Protest Dismissed As Untimely, IAS_VI-1341-001.
Environmental Protection (DEP) —
Construction of Concession Bldg. At Hillsborough River State Park, IAS_VI-1342-001.
Mechanical Removal of Exotic Plants Within the Sebastian Inlet State Park, IAS_VI-1343-001.
Continuing Education Tracking System, IAS_VI-1344-001.
Design, Implementation & Maintenance of New System For Tracking Continuing Education Units (CEU’s), IAS_VI-1345-001.
Health Care Administration, Agency For (AHCA) —
Utilization Review & Other Related Services, IAS_VI-1346-001.
Purchase of Medical Equipment & Related Services, IAS_VI-1347-001.
Invitation For Bid (IFB) —
Consideration of a Response Is Controlled By Cost Alone, IAS_VI-1348-001.
Invitation to Negotiate Requires Same Approach As Invitation to Bid or Request For Proposals, IAS_VI-1349-001.
Juvenile Justice —
Community-Based Conditional Release In Orange & Osceola Counties, IAS_VI-1350-001.
High Risk Sexual Offender Program, IAS_VI-1351-001.
Intensive Delinquency Diversion Services In Twenty (20) Judicial Circuits, IAS_VI-1352-001.
Moderate Risk Female Residential Program In Pinellas County, IAS_VI-1353-001.
Residential Commitment Program, IAS_VI-1354-001.
Provision of Computerized Gaming Systems & Related Services, IAS_VI-1355-001.
Management Services —
Contract to Furnish Gynecological Services In Hillsborough County, IAS_VI-1356-001.
Material Irregularities —
Defined & Discussed, IAS_VI-1357-001.
Rejection of All Bids, IAS_VI-1359-001.
Standard For Determining, IAS_VI-1360-001.
Minor Irregularities —
Defined & Discussed, IAS_VI-1361-003.
Omission of Notes to Financial Statements, IAS_VI-1362-001.
Minor Vis Material Irregularities —
Distinction & Definitions — Examined, IAS_VI-1363-001.
Fact Question, IAS_VI-1364-001.
Minority Business Enterprise —
Non-Minority Business — Defined & Discussed, IAS_VI-1365-001.
Nonresponsive Bid —
Defined & Discussed, IAS_VI-1366-001.
Inherently Disadvantageous to Other Bidders, IAS_VI-1367-001.
Certified Nursing Assistant Testing Services, IAS_VI-1368-001.
APA (§120) Governs All Protests, IAS_VI-1369-001.
Arbitrary Agency Action — Discussed, IAS_VI-1370-001.
Bond Requirement —
Cannot Be Waived, IAS_VI-1371-001.
Burden of Proof, IAS_VI-1373-004.
Burden of Proof —
Clearly Erroneous, IAS_VI-1374-001.
Courts Resolve Dispute After Exhaustion of Administrative Remedies Found — Waived, IAS_VI-1375-001.
Invitation to Bid —
Protest Regarding Found to Be Premature, IAS_VI-1376-001.
Late Challenge to the Method of Procurement — Rejected, IAS_VI-1377-001.
Rejection of All Bids, IAS_VI-1378-001.
Request For Qualifications —
Clear Point of Entry Must Be Provided to Challenge, IAS_VI-1379-001.
Standard of DOAH Review —
Arbitrary & Capricious — Defined & Discussed, IAS_VI-1380-001.
Bid Award Vis Rejection of All Bids, IAS_VI-1381-001.
Choice of Remedies Is Within the Agency’s Discretion, IAS_VI-1382-001.
DOAH Deference to Preliminary Agency Action — Discussed, IAS_VI-1383-001.
DOAH Must Conduct a De Novo Hearing On a Protest, IAS_VI-1384-001.
De Novo Hearing Is Not Necessarily As Comprehensive As Other §120.57(1) Proceedings, IAS_VI-1385-002.
Solely to Ascertain Fraudulent, Arbitrary, Illegal or Dishonest Agency Action, IAS_VI-1386-008.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Exemption From Competitive Bidding Requirements, IAS_VI-1387-001.
Substantial Interest Defined, IAS_VI-1388-001.
Two (2) Prong Test, IAS_VI-1389-001.
Stops Bid Solicitation Process, IAS_VI-1390-001.
Time Limits —
Oral Communication Found Not to Toll Deadline, IAS_VI-1391-001.
Protest Dismissed As Untimely, IAS_VI-1392-001.
Strictly Construed, IAS_VI-1393-001.
Untimely Protest Cannot Be Considered, IAS_VI-1394-003.
Purpose Behind Competitive Private Bids — Discussed, IAS_VI-1395-001.
Rejection of All Bids —
Appropriate Remedy For Flawed Evaluation Process, IAS_VI-1396-001.
Request For Proposals (RFP) —
Consideration of a Response Is Controlled Both By Technical Excellence As Well As Cost, IAS_VI-1397-001.
Failure to Timely Protest RFP Provisions, IAS_VI-1398-001.
South Florida Water Management Dist. —
Information Technology/Staff Augmentation, IAS_VI-1399-001.
Transportation (DOT) —
Drawbridge — Dismissal of Protest On Basis of Bond Deficiency — Reversed, IAS_VI-1400-001.
Rule Challenge —
Declaratory Judgment Action — Possession of Personal Books — Rule Affirmed & Reversed In Part, IAS_VI-1401-001.
COUNTY GOVERNMENT (See Also ATTORNEY GENERAL’S OPINIONS; CITY GOVERNMENT; TAKING (CONDEMNATION) (INVERSE CONDEMNATION))
Annexation (See CITY GOVERNMENT)
Developer’s Agreement —
Contractual In Nature — Not a Law, Ordinance, Regulation Or Land-Use Plan, IAS_VI-1402-001.
Municipal Annexation Found to Supercede County Authority Over, IAS_VI-1403-001.
Must Comport With Local Government’s Land-Use Plan, IAS_VI-1404-001.
Development of Regional Impact (DRI) —
Deviations Found Nonsubstantial & Not to Divest Rights, IAS_VI-1405-001.
Local Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan; TAKING (CONDEMNATION) (INVERSE CONDEMNATION)) —
Amendment — Denial — Multi-Use Development —
Circuit Court Reversal & Award of Damages — Reversed, IAS_VI-1406-001.
Quasi-Legislative Decision Subject to Fairly Debatable Standard of Review, IAS_VI-1407-001.
Amendment — Denial — Small Scale —
Quasi-Legislative Subject to Fairly Debatable Standard of Review, IAS_VI-1408-001.
Strict Scrutiny In Land Use Context Distinguished From Constitutional Strict Scrutiny, IAS_VI-1409-001.
Amendment Review Process Examined, IAS_VI-1410-001.
Authority to Regulate Permitted Wildlife, Authority to Regulate Permitted Wildlife, IAS_VI-1411-001.
Challenge to Development Order As Inconsistent With —
Standing — Found to Be Lacking — Reversed, IAS_VI-1412-001.
Future Land Use Map Examined In Detail, IAS_VI-1413-001.
Authority to Require Architectural & Aesthetic Requirements Uniformly Noted, IAS_VI-1414-001.
Manufactured Housing — Statutes Prohibit Discrimination Against, IAS_VI-1415-001.
Must Be Consistent With State Statutes, IAS_VI-1416-002.
Salt Water Fishing —
Authority to Regulate Examined, IAS_VI-1417-001.
Vested Rights Determination —
Four (4) Part Test Governing, IAS_VI-1418-001.
Mere Purchase of Land Alone Does Not Give Rise to Vested Rights, IAS_VI-1419-001.
Recordation of Plat Alone Does Not Give Rise to Vested Rights, IAS_VI-1420-001.
Reliance & Change of Position Is Required to Give Rise to Vested Rights, IAS_VI-1421-001.
Subjective Expectations Alone Does Not Give Rise to Vested Rights, IAS_VI-1422-001.
Theory Behind Examined, IAS_VI-1423-001.