Circuit Court Declaratory Judgment Action Challenges Closed Meeting & Access to Transcript Thereof —
Federal Litigation — City Motion For Summary Judgment Granted, IAS_VI-1424-001.
Sunshine Law Challenge to Closed Door Meeting to Discuss Settlement of Lawsuit —
Circuit Court Dismissal of Suit — Affirmed, IAS_VI-1425-001.
Hotels & Restaurants —
Apartment Complex Found Subject to Licensing Allegedly By Stipulation — Reversed, IAS_VI-1426-001.
Land Sales —
Default Final Order — Violation of Time Share Act —
Div. Failure to Serve Formal Notice On Respondent’s Attorney Found Immaterial — Affirmed, IAS_VI-1427-001.
Yacht Broker —
Civil Judgment For Dishonest Conduct In a Yacht Transaction, IAS_VI-1428-001.
Criminal Conviction — Resisting Arrest Without Violence, IAS_VI-1429-001.
Petition For Dismissed As Deficient, IAS_VI-1430-003.
Question As to Whether It Is Within Petitioner’s Scope of Practice to Use a “Medical Roll Cit Device” For Facial Rejuvenation, IAS_VI-1431-001.
Question As to Whether Reiki Practice Involving Alleged Touching With No Manipulation Requires a License, IAS_VI-1432-001.
Question As to the Authority to Recommend Breathing Techniques / Therapeutic Exercises / Use of Oxygen Within a Hyperbaric Chamber, IAS_VI-1433-001.
Question As to the Propriety of a Referral Arrangement With a M.D. Featuring a Fee Split — Petition Denied, IAS_VI-1434-001.
Children & Families —
Admission of Physician’s Son For Substance Abuse Assessment & Stabilization, IAS_VI-1435-001.
Finding That University of South Florida Substance Abuse Counseling Program Is Subject to State Licensure — Reversed, IAS_VI-1436-001.
Foster Care In Escambia County, IAS_VI-1437-001.
Needle Electromyography Found to Be Within the Scope of Chiropractic, IAS_VI-1438-001.
Petition Requesting Interpretation of Authority to Reduce Fees to Certain Types of Patients Denied — Issue Currently In Litigation, IAS_VI-1439-001.
Propriety of Advertisement Regarding Free Spinal Screening (Except For Medicare or Medicaid Patients), IAS_VI-1440-001.
Propriety of Sign Where Petitioner Practices With a Spouse/Dermatologist, IAS_VI-1441-001.
Question As to Activities of a Videographer/Chiropractor, IAS_VI-1442-001.
Question Regarding Propriety of Treatment Related Legal Representation of Clients By An Attorney/Chiropractor, IAS_VI-1443-001.
Question Regarding Verification of Attendance At Continuing Education Courses — Denied, IAS_VI-1444-001.
Requisite License For Directly Supervised Assistants — Denied, IAS_VI-1445-001.
Community Affairs —
Building Comm. —
Alarm System Requirements For Doors & Windows Accessing Pools, IAS_VI-1446-002.
Alternative Design & Technology — Requisite Governmental Approval, IAS_VI-1447-001.
Building Code Is Applicable to Manufactured Buildings, IAS_VI-1448-001.
Engineered Masonry Wall Need Not Comply With Code’s Height Or Length to Thickness Ratio, IAS_VI-1449-001.
Question As to Whether §553.79 Allows a Master Permit to Be Issued In the Absence of Design Documents For Fire Alarms & Sprinklers, IAS_VI-1450-001.
Question As to Whether An Independent Consultant Can Provide a City With Plan Review & Inspection Services, IAS_VI-1451-001.
Question As to Whether Plans For Commercial Hood Systems Must Be Signed & Sealed By a Professional Engineer, IAS_VI-1452-001.
Requirement For Auxiliary Drain Pans Under Air Conditioner Coils, IAS_VI-1453-001.
Truss Bracing — Code Regarding Assailed, IAS_VI-1454-001.
Comprehensive Plan —
Extension of Sewer Mains — Inclusion In Plan — Public Participation — Quashed, IAS_VI-1455-001.
Request For Declaratory Statement That Parties Are Entitled to Seek §163.3215 Remedies In a Challenge to a City-Issued “Development Order” — Petition Denied, IAS_VI-1456-001.
Status of the Tampa Bay Estuary Program As a Special District, IAS_VI-1457-001.
DEP (Dept. of Environmental Protection) —
Landfill — County — Expansion — Setback From Airport — Granted, IAS_VI-1458-001.
Local Air Pollution Program —
Procedures Regarding County Establishment of & DEP Approval of, IAS_VI-1459-001.
Propriety of Long Term Practice Management Agreement — Petition Denied, IAS_VI-1460-001.
Propriety of Management Service Agreement, IAS_VI-1461-001.
William L. Boyd, IV Fla. Resident Access Grant — Challenge Denied, IAS_VI-1462-001.
Electrical Contractors’ Lic. Bd. —
Maintenance & Inspection of An Optional Fire Alarm System In House Using Unlicensed Company Employees —
Bd. Rejection of This Practice — Reversed, IAS_VI-1463-001.
Financial Services —
Fire Safety Inspection Requirements For New Educational Facility —
Dept. Dismissal of Petition — Reversed, IAS_VI-1464-001.
Fish & Wildlife Conservation Comm. —
Authority of Local Governments to Regulate Taking of Marine Fish From City-Owned Property (e.g. Pier), IAS_VI-1465-001.
Manatee Protection Boat Speed Zones Questioned — Petition Denied, IAS_VI-1466-002.
Question As to Whether the Distribution of Stone Crab Trap Tags Complies With the Americans With Disabilities Act, IAS_VI-1467-001.
Question As to the Alleged Improper Use of State Taxes Dollars to Enforce Local Ordinances — Petition Denied, IAS_VI-1468-001.
Question As to the Legality of a Hybrid Net, IAS_VI-1469-001.
Spiny Lobster Limit of 50 Per Recreational Vessel Operator As A Cap Regardless of Number of Harvesters, IAS_VI-1470-001.
Ambulance Service —
Interfacility Transfer — Defined & Discussed, IAS_VI-1471-001.
Licensee – Not An “Ambulance” – Must Obtain a Certificate of Public Convenience & Necessity, IAS_VI-1472-001.
Out-of-State Locus Does Not Create Exemption From Certificate of Public Convenience & Necessity, IAS_VI-1473-001.
Transportation of Patients For the Federal Government Does Not Create An Exemption From Certificate of Public Convenience & Necessity, IAS_VI-1474-001.
Applicant Questions Future Interaction With AIDS Drug Assistance Program, IAS_VI-1475-001.
Petition Denied — Indigent Resident Treated At Hospital Assailed Hospital’s Refusal to Fill a Prescription, IAS_VI-1476-001.
Petition Denied As Deficient, IAS_VI-1477-001.
Petitioner Questions Whether It Meets the Definition of a “Mobile Home Park” — Dept. Denies Petition Then Files a Confession of Error — Reversed, IAS_VI-1478-001.
Requirement For An Unregistered Mobile Diagnostic Service Co. to Register With the Dept. As a Health Care Clinic, IAS_VI-1479-001.
Health Care Administration (AHCA) —
Status of Wrong-Site Surgical Procedure As a Reportable Adverse Incident, IAS_VI-1480-001.
Hearing Aid Specialists —
Audiologist Questions Physician Referrals of Patients to Licensed Hearing Aid Specialists — Petition Denied, IAS_VI-1481-001.
Requirement That Serial Numbers Appear On the Receipt At the Time of Delivery, IAS_VI-1482-001.
Highway Safety & Motor Vehicles (HSMV) —
Vessel Registration — Watercraft —
Docking Station Attached to Personal Watercraft Found Subject to Registration, Titling & Display of Registration Number Requirements of §328 Unless Otherwise Exempt, IAS_VI-1483-001.
Challenge to Rate Increase For Single Life Small Group HMO Plan Dismissed As Inappropriate, IAS_VI-1484-001.
Dispute Between Company & Insured Over Personal Injury Protection Coverage —
Dept. Lacks Substantive Jurisdiction, IAS_VI-1485-001.
Massage Therapy —
Applicability of §480 to Body Scrub & Exfoliating Body Scrub Services, IAS_VI-1486-001.
Authority to Perform Assisted Range of Motion Exercises, IAS_VI-1487-001.
Authority to Perform Various Neuromuscular Therapeutic Activities, IAS_VI-1488-001.
Auto Insurer Questions Whether Licensed Therapist Is Permitted to Perform Neurological Reeducation & Direct Therapeutic Activities — Petition Denied, IAS_VI-1489-001.
Propriety of Licensee Applying a Hot Pack, Electrical Stimulation, Mechanical Traction, Ultrasound, Analgesic Balm Or Thermal Therapy, IAS_VI-1490-001.
Propriety of Reiki Technique Allegedly Involving “Touch”, But Not “Manipulation” — Petition Dismissed, IAS_VI-1491-001.
Question As to the Proper Scope of Practice — Petition Denied, IAS_VI-1492-001.
Authority of Physician Assistant or Advanced Nurse Practitioners to Obtain Informed Consent From Patient, IAS_VI-1493-001.
Authority of Physician With An Inactive License to Review Patient Charts & Discuss Cases With Medical Experts, IAS_VI-1494-001.
Authority of Physician With a Restricted, Temporary or Limited License to Practice In “Areas of Critical Need” — Prisons, IAS_VI-1495-001.
Authority of Physician to Work For Properly Authorized Foreign Corporation, IAS_VI-1496-001.
Authority of Unlicensed Caregivers In a Skilled Nursing Facility to Perform Out-Patient Dialysis Procedures, IAS_VI-1497-001.
Contract Between a PA & Humana Found Not to Constitute Prohibited Patient Self-Referral, IAS_VI-1498-001.
Contract Dispute With Practice Management Co. — Denied, IAS_VI-1499-001.
Dietetics & Nutrition Practice Council —
Scope of Practice For Licensed Dietician to Perform Initial Nutritional Assessment of Various Clients Under Various Scenarios — Eligibility For WIC Program, IAS_VI-1500-001.
Percentage Management Fee Paid to a Management Co. —
Bd. Refusal to Issue a Declaratory Statement — Affirmed, IAS_VI-1501-001.
Petition Dismissed As Insufficient, IAS_VI-1502-001.
Petition For Interpretation of Contract Denied On Basis of Statement Published At 20 FALR 395, IAS_VI-1503-001.
Propriety of Hospital’s Exclusive Grant of Franchise to Medical Doctor Groups, IAS_VI-1504-001.
Propriety of Physician Assistants to Perform Supervised Injective Therapy Under Fluoroscopic Guidance, IAS_VI-1505-001.
Propriety of Referral of Patients to a Pool of Member Physicians & Medical Specialists, IAS_VI-1506-001.
Question As to the Legality of a Contract In Litigation, IAS_VI-1507-001.
Status of a Skilled Nursing Facility As a Patient’s Home, IAS_VI-1508-001.
Authority of Certified RN Anesthetist to Administer Diprivan (Propofol) For Sedation of Intensive Care Patient Pursuant to Order of Licensed Practitioner, IAS_VI-1509-001.
Authority of Certified RN Anesthetist to Dispense Certain Narcotics & Monitor Patients Thereafter, IAS_VI-1510-001.
Authority of RN to Administer Intravenous Ketamine Under Various Scenarios, IAS_VI-1511-001.
Authority of RN to Defibrillate a Patient Under Various Scenarios — Examined, IAS_VI-1512-001.
Authority of RN to Perform Hair Removal, IAS_VI-1513-001.
Authority of RN to Place Peripherally Inserted Central Catheter (PICC) With a Suture, IAS_VI-1514-001.
Authority of RN to Use Lasers to Remove Hair Found Lacking, IAS_VI-1515-001.
Authority of RN Trained As a Sexual Assault Nurse Examiner (SANE) to Perform Sexual Battery Examinations Including Specimen Collection, IAS_VI-1516-001.
Authority of RN Who Is Not a Certified Registered Nurse Anesthetist to Administer Diprivan & to Monitor Intubated Patient, IAS_VI-1517-001.
Authority of RN Without Advanced Training to Perform Amniotomy As Part of Routine Intrapartal Care Found Lacking, IAS_VI-1518-001.
Request For Reconsideration of Stipulated Agreement — Denied, IAS_VI-1519-001.
Occupational Therapy Practice —
Authority to Treat Pelvic Floor Disorders — Found, IAS_VI-1520-001.
Proposed Lease In Which Rent Is Tied to Revenue From Exam Fees — Found Improper, IAS_VI-1521-001.
Propriety of Optometrist Sharing Ownership In a Management Company With An M.D., IAS_VI-1522-001.
Orthotists & Prosthetists —
Authority of Orthotic Fitter to Fit a Custom Molded Apex Diabetic Shoe Or Cock-Up Wrist Splint Examined, IAS_VI-1523-001.
Physical Therapy Practice —
Cosigning of Patient Progress Reports Prepared By An Athletic Trainer, IAS_VI-1524-001.
Physical Therapists Cannot Properly Supervise Assistants Working In a Building Five (5) Minutes Away From a Hospital, IAS_VI-1525-001.
Propriety of Cash-Based Practice In Holistic & Osteopathic Techniques Aiming For “Wellness Tune-Ups” — Not Illness or Injury, IAS_VI-1526-001.
Propriety of Home Health Orthopaedic Rehabilitation Service Using Licensed & Trained Physical Therapists to Remove Indwelling Pain Catheter Or Pump, IAS_VI-1527-001.
Propriety of Not-For-Profit Pediatric Hospital Accepting Patient Referrals From Physician Assistants & Advanced Nurse Practitioners, IAS_VI-1528-001.
Propriety of On-Site Supervision of Unlicensed Assistant In Child Aquatic Therapy Utilizing Dolphins, IAS_VI-1529-001.
Propriety of Physical Therapist Treating Animals & Holding Oneself Out As Such, IAS_VI-1530-001.
Propriety of Trained Physical Therapist Cutting, Fitting & Modifying Orthotic Braces, IAS_VI-1531-001.
Requirement For Physician Referral of a Patient In a Hospital, IAS_VI-1532-001.
Psychological Examiners —
Authority of Doctoral Graduate to Practice Prior to Licensure, IAS_VI-1533-001.
Authority of Out-of-State Psychologist to Provide Services At a Long-Term Rehabilitation Facility, IAS_VI-1534-001.
Direct Client Contact — Calculation of Hours, IAS_VI-1535-001.
Exemption — Out-of-State (California – 1989) License Found Not Equivalent, IAS_VI-1536-001.
Exemption — Out-of-State (California – 1990) License Found Not Equivalent, IAS_VI-1537-001.
Exemption — Out-of-State (California – 1992) License Found Not Equivalent, IAS_VI-1538-001.
Exemption — Out-of-State (Oregon – 1998) License Found Equivalent, IAS_VI-1539-001.
Propriety of Off-Premises Supervision For Post-Doctoral Clinical Experience, IAS_VI-1540-001.
Question As to Whether Hours Paid As a Nurse Practitioner Can Count Toward Required Post-Doctoral Supervised Experience, IAS_VI-1541-001.
Licensure — Post-Doctoral Supervision By Offsite Psychologist Rejected, IAS_VI-1542-001.
Petition Dismissed For Lack of Standing, IAS_VI-1543-001.
Post-Doctoral Supervised Practice Proposal Found to Be Acceptable, IAS_VI-1544-001.
Propriety of Internet-Based Career Exploration Service, IAS_VI-1545-001.
Propriety of Interviewing a Former Client In Prison For Purposes of Upcoming Book, IAS_VI-1546-001.
Propriety of Performing a Forensic Custody Evaluation On a Previous Therapeutic Patient, IAS_VI-1547-001.
Propriety of Unlicensed Consultant Providing Testing & Assessment Services to Businesses & Organizations, IAS_VI-1548-001.
Provisional License — Requisite Supervision of Post-Doctoral Applicant, IAS_VI-1549-001.
Requisite Supervision of Doctoral Student, IAS_VI-1550-001.
Use of a Doctoral Student to Teach a Course “Psychoeducational In Nature”, IAS_VI-1551-001.
Public Service Comm. —
Denial of Petition to Interpret Contract With An Electric Cogenerator On the Basis of Res Judicata Affirmed, IAS_VI-1552-001.
Requirements For —
Actual Controversy, IAS_VI-1553-001.
Agency Cannot Direct Activities of Independent Units of Government, IAS_VI-1554-001.
Agency Cannot Interpret Statutes Governing Other Agencies, IAS_VI-1555-002.
Agency Is Not Required to Rule On the Merits of Every Contract Affected By Previous Declaratory Statements, IAS_VI-1556-001.
Cannot Be Utilized to Challenge Agency Decisions, IAS_VI-1557-001.
Cannot Be Utilized to Determine Applicability of a Criminal Provision, IAS_VI-1558-001.
Cannot Be Utilized to Determine Matters Pending In Civil Court Proceeding, IAS_VI-1559-005.
Cannot Be Utilized to Determine Propriety of Conduct That Has Already Occurred, IAS_VI-1560-002.
Cannot Be Utilized to Determine the Conduct of a Third Person, IAS_VI-1561-002.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, IAS_VI-1562-010.
Cannot Be Utilized to Interpret Federal Law, IAS_VI-1563-001.
Cannot Be Utilized to Interpret Statutes Outside the Agency’s Jurisdiction, IAS_VI-1564-003.
DOAH Hearing Is Not Contemplated, IAS_VI-1565-001.
Fact Findings — Can But Need Not Be Taken As True, IAS_VI-1566-001.
Fact Findings — Must Be Sufficient, IAS_VI-1567-001.
Must Be Based On Narrowly Drawn & Unique Set of Facts, IAS_VI-1568-003.
Not Available When Issue Is Pending In Judicial Proceeding, IAS_VI-1569-002.
Purpose of Examined, IAS_VI-1570-002.
Question Cannot Be Speculative, IAS_VI-1571-001.
Scope of Found Expanded In Recent Caselaw, IAS_VI-1572-001.
Specific Facts & Circumstances Must Be Set Forth, IAS_VI-1573-010.
Standing (See Also PRACTICE & PROCEDURE, Intervenors)
Standing — Two (2) Part Test For, IAS_VI-1574-002.
Standing Is Limited to Petitioner In Their Particular Set of Circumstances Only, IAS_VI-1575-004.
Res Judicata Effect of Examined (See Also PRACTICE & PROCEDURE), IAS_VI-1576-001.
Communication Services Tax —
Applicability to Unbundled Network Elements — Petition Denied, IAS_VI-1577-001.
Sales Tax —
Charge For Delivery of Newspapers, IAS_VI-1578-001.
Exemption — Country Club — Semi-Private — Non-Equity — Assessment For Capital Improvements, IAS_VI-1579-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
DOAH Denial of In §57.111 Action Brought By Dentist Subject to Discipline Affirmed, IAS_VI-1580-001.
Bd. Revocation Over Contrary DOAH Recommendation of a Suspension Affirmed, IAS_VI-1581-001.
Declaratory Statement (See DECLARATORY STATEMENTS)
District Court of Appeal Issues Writ of Prohibition to Prevent Circuit Court From Considering Prohibition On Bd. Disciplinary Action, IAS_VI-1582-001.
Emergency Suspension For Medicaid Fraud Affirmed, IAS_VI-1583-001.
Specialty Services, IAS_VI-1584-001.
Aiding & Abetting Unlicensed Personnel, IAS_VI-1585-001.
Counterstipulation Approved, IAS_VI-1586-001.
Criminal Conviction —
Soliciting Prostitution/Sexual Battery/False Imprisonment, IAS_VI-1587-001.
Emergency Restriction —
Failure to Meet Minimum Standards, IAS_VI-1588-001.
Gross or Repeated Malpractice, IAS_VI-1589-001.
Unacceptable Level of Care, IAS_VI-1590-001.
Emergency Suspension —
Aiding & Abetting Unlicensed Personnel, IAS_VI-1591-001.
Alcohol Dependence, IAS_VI-1592-001.
Criminal Plea — Medicaid Fraud, IAS_VI-1593-003.
Criminal Plea — Obtaining Controlled Substances By Fraud, IAS_VI-1594-001.
Criminal Plea — Organized Scheme to Defraud, IAS_VI-1595-001.
Default On Student Loan, IAS_VI-1596-001.
Experimental Procedure Without Informed Patient Consent, IAS_VI-1597-001.
Failure to Comply With IPN Contract, IAS_VI-1598-001.
Failure to Keep Requisite Written Records, IAS_VI-1599-002.
Failure to Maintain Malpractice Insurance or Other Financial Responsibility, IAS_VI-1600-001.
Failure to Perform Statutory or Legal Obligation, IAS_VI-1601-002.
Failure to Submit to Requisite Board-Approved Monitor, IAS_VI-1602-001.
Fraudulent Conduct, IAS_VI-1603-003.
Inability In Profession (Addiction to Controlled Substances), IAS_VI-1604-001.
Incompetence or Negligence, IAS_VI-1606-001.
Lack of Mental Fitness & Emotional Stability, IAS_VI-1607-001.
Positive Drug Screen (Oxycontin), IAS_VI-1609-001.
Unacceptable Level of Care, IAS_VI-1610-002.
Exercising Influence On Patients For Financial Gain, IAS_VI-1611-001.
Failure to Keep Requisite Written Records, IAS_VI-1612-003.
Failure to Keep Requisite Written Records — Patient Billing & Payment Records Need Not Be Kept, IAS_VI-1613-001.
Failure to Provide Patient Records Upon Request, IAS_VI-1614-001.
Failure to Refer Patient to a Specialist, IAS_VI-1615-001.
Filing a False Report, IAS_VI-1616-002.
Fraudulent Conduct, IAS_VI-1617-002.
Out-of-State Discipline, IAS_VI-1618-002.
Performing Unauthorized Procedures, IAS_VI-1619-001.
Scheme of Performing Unnecessary Procedures, IAS_VI-1620-001.
Unacceptable Level of Care, IAS_VI-1621-005.
Violation of Rule, IAS_VI-1622-001.
License — Hygienist —
Emergency Suspension —
Alcohol Abuse, IAS_VI-1623-001.
Alcohol Dependency & Depression, IAS_VI-1624-001.
Criminal Conviction — Willful & Culpable Child Neglect, IAS_VI-1625-001.
Failure to Comply With PRN Contract, IAS_VI-1626-001.
Obtaining Controlled Substances (Hydrocodone) By Fraud, IAS_VI-1627-001.
Opioid Dependence & Severe Psychosocial Stress, IAS_VI-1628-001.
Positive Drug Screen (Opiates), IAS_VI-1629-001.
Stolen Prescription Forms, IAS_VI-1630-001.
Challenge to Grading, IAS_VI-1631-005.
Challenge to Grading — Clinical Portion/Laws & Rules Parts, IAS_VI-1632-001.
Challenge to Grading of Clinical Portion, IAS_VI-1633-004.
Challenge to Grading of Clinical Portion — Amalgam Preparation Section — Granted, IAS_VI-1634-001.
Challenge to Grading of Clinical Portion — Dept. Denial Affirmed, IAS_VI-1635-001.
Parenteral Conscious Sedation — Qualifications Found Lacking — Denied, IAS_VI-1636-001.
Teaching — Full Accreditation & Operational Status Found Lacking, IAS_VI-1637-001.
Declaratory Statement —
Authority to Supervise Unlicensed Persons Treating Obesity Found Lacking, IAS_VI-1638-001.
DISCIPLINE (See Also LICENSING, PRACTICE & PROCEDURE)
Complaint (See Also Jurisdiction) —
Ambiguities Must Be Construed Against the Prosecuting Agency, IAS_VI-1639-001.
Charges Must Fall Within the Prohibitions of Relevant Statutes & Rules, IAS_VI-1640-002.
Charges Outside of Cannot Be Prosecuted, IAS_VI-1641-040.
Factual Grounds Are Limited to Those Alleged, IAS_VI-1642-001.
Failure to Appropriately Reference Correct Statutory Basis, IAS_VI-1643-001.
Failure to Serve Copy of On Appellant’s Attorney — Reversible Error, IAS_VI-1644-001.
Multiple Counts — Found Contrived From Single Act, IAS_VI-1645-002.
Multiple Counts — Proper Calculation of Penalty, IAS_VI-1646-001.
Multiple Counts — Proper Pleading of, IAS_VI-1647-001.
Must Be In Writing, IAS_VI-1648-004.
Must Give Notice What Penalties Are Being Sought, IAS_VI-1649-001.
Notice of —
Use of Mailed Notice Alone Found to Satisfy Fla. & Federal Due Process Requirements, IAS_VI-1650-001.
Requisite Nexus Between Alleged Improprieties & Public Harm, IAS_VI-1651-001.
Requisite Specificity, IAS_VI-1652-016.
Service of Notice of —
Constructive Service — Is Inappropriate When Personal Service Can Be Made, IAS_VI-1653-001.
Constructive Service — Statutes Are Strictly Construed Against Plaintiff Who Utilizes Them, IAS_VI-1654-001.
On Respondent Personally Not An Attorney of Record, IAS_VI-1655-001.
Personal Service — At Last Known Address Is Unsuccessful — Duty to Contact Attorney of Record — Service By Publication, IAS_VI-1656-001.
Personal Service — Effort of the Agency Found to Be Inadequate — Reasonable Diligence Discussed, IAS_VI-1657-001.
Respondent Must Be Given Adequate Time to Respond — Four (4) Days Is Insufficient, IAS_VI-1658-001.
Criminal Charges —
Moral Turpitude —
Question of Fact, IAS_VI-1659-001.
Nolle Prosequi, IAS_VI-1660-001.
Criminal Conviction —
Driving Under the Influence (DUI), IAS_VI-1661-001.
Not Conclusive Proof of Underlying Facts, IAS_VI-1662-001.
Relationship to Profession, IAS_VI-1663-002.
Criminal Plea —
Disciplinary Action Based On Does Not Violate Constitutional Prohibition Against Double Jeopardy, IAS_VI-1664-001.
Does Not Constitute An Admission of Guilt or Direct Evidence of Guilt, IAS_VI-1665-002.
Facts Surrounding Cannot Be Used As Direct Evidence, IAS_VI-1666-001.
Not Conclusive Proof of Underlying Facts, IAS_VI-1667-001.
Relationship to Profession Construed, IAS_VI-1668-003.
Effectiveness of Counsel —
No Right to Collaterally Challenge, IAS_VI-1669-001.
Emergency Suspension of License (See Also APPELLATE REVIEW, Emergency Final Order; PRACTICE & PROCEDURE, Emergency Procedures) —
Alleged Harm Cannot Be Stated Merely In Conclusory Terms, IAS_VI-1670-001.
Facts Showing a Specific Incident of Irreparable Harm to the Public Interest Must Be Alleged, IAS_VI-1671-001.
Past Misconduct Is Relevant, IAS_VI-1672-001.
Pre-Notice Advisory Alone — Found to Be Defective As Such, IAS_VI-1673-001.
Requisite Grounds For — Examined, IAS_VI-1674-001.
Exacerbating Factors (See Also Mitigating Factors) —
Actions Which Undermine the Validity of Standardized Tests, IAS_VI-1675-001.
Actual Knowledge of Violation, IAS_VI-1676-002.
Costs to Administer a Standardized Test a Second Time, IAS_VI-1677-001.
Crime Motivated By Personal Gain, IAS_VI-1678-001.
Danger to Public, IAS_VI-1679-001.
Deterrent Effect of the Penalty, IAS_VI-1680-002.
Egregious Misconduct, IAS_VI-1681-001.
Failure to —
Correct Deficiencies, IAS_VI-1682-003.
Explain Misconduct, IAS_VI-1683-001.
Failure to Cooperate With Law Enforcement, IAS_VI-1684-001.
Probationary Period Imposed In a Disciplinary Case, IAS_VI-1685-001.
Harm to Dependent Patient/Client, IAS_VI-1686-001.
Harm to Public, IAS_VI-1687-008.
Lack of Rehabilitation, IAS_VI-1688-001.
Lack of Remorse, IAS_VI-1689-001.
Misappropriating Government Money, IAS_VI-1690-001.
Must Be Proven By Clear & Convincing Evidence, IAS_VI-1691-001.
Numerous Counts Found Established, IAS_VI-1692-002.
Previous Discipline, IAS_VI-1693-005.
Repetitious Misconduct, IAS_VI-1694-004.
Severity of the Offense, IAS_VI-1695-003.
Sexual Misconduct, IAS_VI-1696-001.
Violation of Previous Order, IAS_VI-1697-001.
Expungement of Disciplinary Record — Granted, IAS_VI-1698-001.
Normally a Fact Question, IAS_VI-1699-001.
Jurisdiction (See Also PRACTICE & PROCEDURE) —
Cannot Be Created Or Vitiated By Party Litigants, IAS_VI-1700-001.
Death of Respondent Divests, IAS_VI-1701-001.
Expiration of License Found Not to Bar Discipline For Conduct When License Was Active, IAS_VI-1702-001.
Inactive License — Subject to Discipline Upon Attempt to Renew, IAS_VI-1703-001.
Unlicensed Persons, IAS_VI-1704-001.
Licensee Presumed to Know the Law, IAS_VI-1705-003.
Mitigating Factors (See Also Exacerbating Factors) —
Absence of —
Actual Harm to Public, IAS_VI-1706-011.
Danger to the Public, IAS_VI-1707-001.
Pecuniary Benefit, IAS_VI-1708-004.
Previous Discipline, IAS_VI-1709-007.
Previous Discipline — After Many Years of Service, IAS_VI-1710-008.
Previous Discipline — Not Dispositive Due to Short Duration of Licensure, IAS_VI-1711-001.
Complainant’s Willing Participation In Inappropriate Sexual Relationship, IAS_VI-1712-001.
Defined & Discussed, IAS_VI-1713-003.
Effect of Severe Penalty On Livelihood, IAS_VI-1714-004.
Ignorance of the Law Does Not Constitute, IAS_VI-1715-001.
Implies No Deviation From the Recommended Penalty, IAS_VI-1716-001.
Isolated Incident In Long Career, IAS_VI-1717-002.
Isolated Infraction, IAS_VI-1718-003.
Must Be Proven By Clear & Convincing Evidence, IAS_VI-1719-001.
One (1) Count Complaint, IAS_VI-1720-001.
One (1) Malpractice Claim Paid, IAS_VI-1721-001.
One (1) Occurrence, IAS_VI-1722-002.
Only Slight Departure From Prevailing Standard of Practice, IAS_VI-1723-001.
Practice In An Academic Setting Supervising Residents, IAS_VI-1724-001.
Prompt Corrective Action, IAS_VI-1725-004.
Termination of An Agency’s Customary Practice Regarding License Renewal, IAS_VI-1727-001.
Turning In Criminal Coconspirators, IAS_VI-1728-001.
Moral Character —
Agency’s Scope of Inquiry Examined, IAS_VI-1729-001.
Good Moral Character — Bd. Finding of Lack of Reversed, IAS_VI-1730-001.
Good Moral Character — Discussed, IAS_VI-1731-003.
Insignificant Misstatements of Fact Do Not Demonstrate Lack of, IAS_VI-1732-001.
Question of Fact, IAS_VI-1733-002.
Technical Violations Do Not Show a Lack of, IAS_VI-1734-001.
Basis For Evaluation of, IAS_VI-1735-001.
Penalty (See Also APPELLATE REVIEW; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
An Agency Has Far Greater Expertise Regarding Than a DOAH ALJ, IAS_VI-1736-001.
Appellate Review — Need Merely Be Within Permissible Range, IAS_VI-1737-001.
Cannot Be Imposed Until An Opportunity For §120.57 Proceedings Is Properly Accorded & These Proceedings Are Either Concluded or Waived, IAS_VI-1738-001.
Complaint Must Give Notice of What Penalties Are Being Sought, IAS_VI-1739-001.
Financial Penalty Payable to Member of Board Imposing the Penalty — Found Intolerable & Reversed, IAS_VI-1740-001.
Automatic Suspension of License In Event of Failure to Pay — Affirmed, IAS_VI-1741-001.
Circumventing Statutory Maximum By Charging Multiple Violations, IAS_VI-1742-001.
Denial of License Renewal — Found Inappropriate, IAS_VI-1743-001.
Requisite Proof Regarding Amount of, IAS_VI-1744-001.
When Not Appropriate, IAS_VI-1745-001.
Guidelines Established By Rule — Agency Bound By, IAS_VI-1746-003.
Single Violation Cannot Be Arbitrarily Split Into Multiple Violations For Penalty Enhancement, IAS_VI-1747-001.
Version In Effect At Time of Alleged Violations Controls, IAS_VI-1748-001.
Reinstatement — Standards Governing, IAS_VI-1749-001.
Reversed On the Basis of Insufficient Evidence, IAS_VI-1750-001.
Statute of Limitations — Found to Be Inapplicable, IAS_VI-1751-001.
Unacceptable Level of Care —
Basis For Evaluation of, IAS_VI-1752-010.
Conclusion of Law, IAS_VI-1753-001.
Expert Testimony — Found Required, IAS_VI-1754-003.
Question of Fact, IAS_VI-1755-004.
Vicarious Liability —
Child Care Facility Licensee, IAS_VI-1756-001.
Contractor Who Did Not Pull the Building Permit For Work Poor Performed, IAS_VI-1757-001.
Nursing Home Licensee, IAS_VI-1758-001.
EDUCATION PRACTICES Comm. (EPC) (See Also CERTIFICATE (Teaching), EDUCATION, Dept. of (DOE); SCHOOL BOARDS)
Amended Final Order: Gallagher v. Teifer, IAS_VI-1759-001.
Domestic Violence, IAS_VI-1760-001.
EPC Permanent Revocation of Certificate —
Per Curiam — Affirmed, IAS_VI-1761-001.
Revocation of Certificate — Affirmed, IAS_VI-1762-001.
Settlement Agreement Violated — Certificate Permanently Revoked, IAS_VI-1763-001.
Sexual Misconduct —
Inappropriate Use of School Computer to Access Pornography, IAS_VI-1764-001.
Sexually Suggestive E-Mail Transmitted to Middle School Students —
Comm. Permanent Revocation Affirmed As Within Permissible Range of Penalties, IAS_VI-1765-001.
Student Loans In Default —
Exemption From Discharge In Bankruptcy Proceedings — Examined, IAS_VI-1766-001.
Found Not Discharged By Bankruptcy —
Involuntary Wage Garnishment — Upheld, IAS_VI-1767-001.
EDUCATION, Dept. of (DOE) (See Also CERTIFICATE (Teaching); CONTRACTS (Bids/Protest); DECLARATORY STATEMENTS; EDUCATION PRACTICES Comm. (EPC); SCHOOL BOARDS)
Application to Establish a Charter School —
Franklin County School Board Denial of Application — Reversed, IAS_VI-1768-001.
Certificate — Teacher — Professional Education Test —
Score Invalidated Due to Cheating, IAS_VI-1769-001.
Essay Subtest Invalidated After Cheating — Found, IAS_VI-1770-001.
Charter School —
Employment of Uncertified Teachers, IAS_VI-1771-001.
Failure to Properly Expend Capital Outlay Funds, IAS_VI-1772-001.
Inadequate Funding For Operational Costs, IAS_VI-1773-001.
Termination of Upheld, IAS_VI-1774-001.
Transportation Audit Failure, IAS_VI-1775-001.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Disabilities Education Act (See SCHOOL BOARDS)
Div. of Vocational Rehabilitation —
24-Hour Supervised Supported Live-In Rehabilitation Facility, IAS_VI-1776-001.
Ankle Injury — Denied, IAS_VI-1777-001.
Applicant Has the Burden of Proof, IAS_VI-1778-001.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1779-010.
Application — Approved, IAS_VI-1780-001.
Application — Denied, IAS_VI-1781-010.
Back & Hip Injury, IAS_VI-1782-001.
Back & Knee Injuries — Denied, IAS_VI-1783-001.
Back Injury — Bulging Disc/Hearing Loss/Carpal Tunnel, IAS_VI-1784-001.
Back Injury — Case File Closed, IAS_VI-1785-001.
Back Injury — Case Reopened/Services Continued, IAS_VI-1786-001.
Bipolar Disorder, IAS_VI-1787-001.
Bipolar Disorder With Psychotic Factors, IAS_VI-1788-001.
Brain Trauma — Multiple, IAS_VI-1789-001.
Broken Left Leg, IAS_VI-1790-001.
Case File to Remain Open For Continued Services, IAS_VI-1791-001.
Cerebral Palsy, IAS_VI-1792-001.
Challenge to Operator Selection At Federal Courthouse In Miami– Denied, IAS_VI-1793-001.
Chronic Paranoid Schizophrenia & Other Impairments — Denied, IAS_VI-1794-001.
College Tuition — Refresher Course — Lab. Tech, IAS_VI-1795-001.
Cost of Books & Mileage Associated With Obtaining a Master’s Degree In Vocational Rehabilitation Counseling — Denied, IAS_VI-1796-001.
Degree In 3-D Animation, IAS_VI-1798-001.
Dental Bridge & Removable Partial Plate, IAS_VI-1799-001.
Dental Services, IAS_VI-1800-002.
Depression & Assorted Chronic Physical Problems, IAS_VI-1801-001.
Depression — Found to Be An Impediment Not a Substantial Handicap, IAS_VI-1802-001.
Dept. Does Not Pay For Higher Education Unless Maximum Efforts Have Been Made to Get Assistance From Other Sources, IAS_VI-1803-001.
Dept. Found Required to Conduct An Extended Evaluation, IAS_VI-1804-001.
Dept. Has the Burden of Proof By Clear & Convincing Evidence When Denying Benefits, IAS_VI-1805-004.
Dept. Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1806-001.
Dept. IPE Must Specify Specific Services Needed to Achieve the Employment Outcome, IAS_VI-1807-001.
Dept. Is Responsible For Developing An IPE For Each Eligible Applicant, IAS_VI-1808-001.
Dept. Must Comply With Pertinent Federal Regulations, IAS_VI-1809-001.
Direct Job Placement Found Available — Case File Closed, IAS_VI-1810-001.
Direct Placement Vis. Retraining, IAS_VI-1811-001.
Eligibility Distinguished From Entitlement, IAS_VI-1812-001.
Emergency Room Visit, IAS_VI-1813-001.
Emotional Problems — Denied, IAS_VI-1814-001.
Employer Burden of Proof When Challenging Div. Award of Retraining, IAS_VI-1815-002.
Employer Challenge to Determination That a Former Employee Should Receive Training & Education — Petition For Hearing Dismissed, IAS_VI-1816-001.
Employer Challenge to Div. Determination That Retraining Was Warranted — Denied, IAS_VI-1817-003.
Employer/Protestant Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1818-001.
Expenses Prior to Plan Approval Cannot Be Reimbursed, IAS_VI-1819-001.
Failure of Drug Test (Cocaine), IAS_VI-1820-001.
Failure to Appear At Hearing — Denied, IAS_VI-1821-001.
Failure to Comply With Request For Diagnostic Assessment, IAS_VI-1822-001.
Failure to Cooperate With Div. — Denied, IAS_VI-1823-004.
Failure to Cooperate With Div. — Eligibility Reinstated, IAS_VI-1824-001.
Failure to Establish Possibility of Benefitting From Div. Services — Denied, IAS_VI-1825-001.
Failure to Follow Through With Agreed Upon Recommendations — Case File Closed, IAS_VI-1826-001.
Failure to Make Progress Toward Employment Goal — File Closed/Reimbursement Denied, IAS_VI-1827-002.
Failure to Take Requisite Intermediary Steps, IAS_VI-1828-001.
File Closed After Failure to Cooperate — Was Found Established, IAS_VI-1829-001.
File Reopened After Alleged Failure to Cooperate — Was Found Not Established, IAS_VI-1830-001.
Funding For Ethnic Restaurant — Denied, IAS_VI-1831-001.
Funds Denied On Basis That Disability Is Too Severe For Rehabilitation, IAS_VI-1832-001.
Funds Denied On Basis That a Disability Was Lacking, IAS_VI-1833-001.
Funds to Pay College Tuition For An Elective Career Move — Denied, IAS_VI-1834-001.
Funds to Pay Salaries of a Startup Business — Denied, IAS_VI-1835-001.
Funds to Pay Tuition At a Private Community College — Denied, IAS_VI-1836-001.
Funds to Purchase a Specific Business — Denied, IAS_VI-1837-001.
Funds to Receive Training In a New Field — Denied, IAS_VI-1838-001.
Gainful Employment — Discussed, IAS_VI-1839-001.
Gastric By-Pass, IAS_VI-1840-001.
Gastric Bypass Services, IAS_VI-1841-002.
Gun Shot Wound/Carpel Tunnel/Vision Problems/High Blood Pressure/Post-Traumatic Syndrome, IAS_VI-1842-001.
Head Injuries, IAS_VI-1843-001.
Hearing Loss/Lower Back Injury/Chronic Otitis Media/Lack of Motivation to Work/Poor Personal Appearance — Denied, IAS_VI-1844-001.
Herniated Disc, IAS_VI-1845-001.
Herniated Disc & Depression, IAS_VI-1846-001.
Impairment — Found Not Substantial Impediment to Current Employment, IAS_VI-1847-001.
Individual Plan of Employment (IPE) — Defined & Discussed, IAS_VI-1848-001.
Individual Plan of Employment (IPE) Amended to Provide a Bus Pass Instead of Gasoline For Transportation to School, IAS_VI-1849-001.
Individual Plan of Employment (IPE) Found Viable, IAS_VI-1850-001.
Individual Written Rehabilitation Program Must Be Jointly Developed With Div. Counselor, IAS_VI-1851-001.
Lack of Cooperation, IAS_VI-1852-002.
Lack of Cooperation — Services Terminated, IAS_VI-1853-005.
Leg & Ankle Injuries, IAS_VI-1854-001.
Medical Disqualification From Participation Found, IAS_VI-1855-001.
Monies to Pay Her Delinquent Mortgage & Maintenance Fees Associated With Home-Based Business — Denied, IAS_VI-1856-001.
Muscular Dystrophy, IAS_VI-1857-001.
Orthopedic Injuries Related to Military Duty, IAS_VI-1858-001.
Past Medical Bills, Co-Payments & Insurance Premiums — Denied, IAS_VI-1859-001.
Pell Grant — Use of to Make Car Payment, IAS_VI-1860-001.
Petitioner Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1861-001.
Physical Therapy, Dental Bills & Massage Therapy — Denied, IAS_VI-1862-001.
Present Employment — Benefits Are Not Available Retroactively, IAS_VI-1863-001.
Presumption of Eligibility — Does Not Constitute An Entitlement, IAS_VI-1864-001.
Presumption of Eligibility But No Entitlement to Benefits, IAS_VI-1865-001.
Prior Authorization For Additional Services — Denied, IAS_VI-1866-001.
Psychological & Orthopedic Problems — Denied, IAS_VI-1867-002.
Psychological Evaluation Found Prerequisite — Petition Denied, IAS_VI-1868-001.
Psychological Problems — File Closed, IAS_VI-1869-001.
Psychotic Disorder, IAS_VI-1870-001.
Purpose of This Program — Examined, IAS_VI-1871-001.
Purpose of This Program Is Reemployment, IAS_VI-1872-001.
Reimbursement For College Semester Prior to Execution of IPE Denied, IAS_VI-1873-001.
Request For Retraining In Lieu of Direct Job Placement Denied — Massage Therapist — Repetitive Trauma, IAS_VI-1874-001.
Room & Board While Attending College, IAS_VI-1875-001.
Sensorineural Hearing Loss, IAS_VI-1876-001.
Services Discontinued Because Condition Is Too Severe For There to Be a Work Outcome, IAS_VI-1877-002.
Severe Disabilities Precluding Employment, IAS_VI-1878-001.
Social Security Beneficiary — Presumption of Eligibility, IAS_VI-1879-001.
Spina Bifida/Paraplegia/Arnold-Chiara Malformation, IAS_VI-1880-001.
Training As a Professional Make-Up Artist, IAS_VI-1881-001.
Training At the National Technical Institute For the Deaf, IAS_VI-1882-001.
Tuition Sponsorship At Private Art College — Denied, IAS_VI-1883-001.
Van With Disability-Related Modifications — Denied In Part, IAS_VI-1884-001.
Vehicle Maintenance & Repairs, IAS_VI-1885-001.
Without a Specific Learning Disability, Borderline Intellectual Functioning Alone Is Insufficient, IAS_VI-1886-001.
Employee (See Also PUBLIC EMPLOYEES) —
Appointment to Selected Exempt Status — Challenge Dismissed, IAS_VI-1887-001.
Challenge to Dismissal — Dismissed For Lack of Jurisdiction, IAS_VI-1888-001.
Challenge to Reclassification From Career Service to Selected Exempt Denied, IAS_VI-1889-001.
Fla. Comprehensive Achievement Test (FCAT) —
Status of Test Booklet & Questions (Vis. Scores) As a “Public Record”, IAS_VI-1890-001.
School Vouchers — Challenge to Facial Constitutionality of —
Constitutional Requirement For Free Public Schools Does Not Contemplate Public Programs That Pay For Private Schools, IAS_VI-1891-001.
Mechanics of the School Voucher Program Examined, IAS_VI-1892-001.
No Aid Provision — Does Not Violate the Free Exercise Clause of the U.S. Constitution, IAS_VI-1893-001.
No Aid Provision — Imposes Restrictions Beyond Those Embodied In the Establishment Clause, IAS_VI-1894-001.
No Aid Provision — Indirect Aid Is Expressly Prohibited, IAS_VI-1895-001.
No Aid Provision — Purpose Behind Examined, IAS_VI-1896-001.
No Aid Provision — Three (3) Elements of Examined, IAS_VI-1897-001.
Tax Dollars May Not Be Used to Send Fla. Students to Private Schools, IAS_VI-1898-001.
Vouchers Found to Violate the “No Aid” Provision of Art. I, Sec. 3, IAS_VI-1899-001.
Student Financial Assistance Default —
Forfeiture of Lottery Prize —
Authorized — Existence of Purchasing Pool Found Irrelevant, IAS_VI-1900-001.
Burden of Proof —
§106 Found to Impose a “High Standard” of Proof, IAS_VI-1901-001.
Clear & Convincing Evidence Found Required, IAS_VI-1902-001.
Candidates Must Supervise the Campaign Treasurer, IAS_VI-1903-001.
Candidates Need Not Personally Verify the Accuracy of All Information In the Reports Filed But Must At Least Read the Report, IAS_VI-1904-001.
Failure to Include Disclaimer On Political Advertisement, IAS_VI-1905-001.
Failure to Report Campaign Contribution — Late Report Is Not a Cure-All, IAS_VI-1906-001.
Failure to Report Campaign Contribution — Standard of Proof — Willful Vis. Inadvertent Violations, IAS_VI-1907-001.
Financial Position of Respondent As a Mitigating Factor, IAS_VI-1908-001.
Improper Retroactive Application of Substantive Statute Regarding Proof of Willfulness Reversed, IAS_VI-1909-001.
Improper Splitting of Counts to Aggregate Fine Reversed, IAS_VI-1910-001.
Key Features of Campaign Financing Law Examined, IAS_VI-1911-001.
Loan From Candidate Found Not to Violate Limit On Contribution, IAS_VI-1912-001.
Mandamus Petition Seeking to Compel the Comm. to Refer Alleged Violations to DOAH For a Formal Hearing Denied, IAS_VI-1913-001.
Declaratory Statement (See DECLARATORY STATEMENTS)
Company Utilizing Unlicensed Employees For In House Inspection & Maintenance Found Not to Be a “Contracting Entity”, IAS_VI-1914-001.
Bd. Finding of Professional Misconduct — Distinguished From Fraud & Deceit & Affirmed, IAS_VI-1915-001.
Penalty — Fine — Disciplinary Action — Reversed As In Excess of Statutory Maximum, IAS_VI-1916-001.
By Endorsement —
Accreditation Requirement For College Is Not An Abdication of Supervisory Responsibilities Over Admissions, IAS_VI-1917-001.
Bd. Denial On Basis That Out-of-State College Was Not Accredited Reversed, IAS_VI-1918-001.
Failure to Adopt Statutorily-Mandated Rules Found, IAS_VI-1919-001.
ENVIRONMENTAL PROTECTION, Dept. of (DEP) (See Also CONTRACTS (Bids/Protests); INTERNAL IMPROVEMENT TRUST FUND; PERMITS; SITING Bd.)
Public Nuisance Defined, IAS_VI-1920-001.
Relationship to a Private Individual’s Public Nuisance Action Under Chapter 823, IAS_VI-1921-001.
Relationship to the Right to Farm Act, IAS_VI-1922-001.
2001-2002 Regional Mitigation Plan —
DOT Transportation Projects — N.W. Fla. Water Management Dist., IAS_VI-1923-001.
DOT Transportation Projects — N.W. Fla. Water Management Dist. — Amendment, IAS_VI-1924-001.
2002 Group 1 Basins Amended Verified List of Impaired Waters, IAS_VI-1925-001.
2002-2003 Regional Mitigation Plan —
DOT Transportation Projects — So. Fla. Water Management Dist., IAS_VI-1926-001.
DOT Transportation Projects — St. Johns River Water Management Dist., IAS_VI-1927-001.
2002-2003/2003-2004 Regional Mitigation Plan —
DOT Transportation Projects — So. Fla. Water Management Dist., IAS_VI-1928-001.
2003 Verified List of Nutrient Impaired Water Segments For the Main Stem of the Lower St. Johns River, IAS_VI-1929-001.
2003-2004 Regional Mitigation Plan —
DOT Transportation Projects — N.W. Fla. Water Management Dist., IAS_VI-1930-001.
DOT Transportation Projects — S.W. Fla. Water Management Dist., IAS_VI-1931-002.
DOT Transportation Projects — St. Johns River Water Management Dist., IAS_VI-1932-001.
2004-2005 Regional Mitigation Plan —
Amendment — DOT Transportation Projects — N.W. Fla. Water Management Dist., IAS_VI-1933-001.
DOT Transportation Projects — N.W. Fla. Water Management Dist., IAS_VI-1934-001.
DOT Transportation Projects — S.W. Fla. Water Management Dist., IAS_VI-1935-001.
DOT Transportation Projects — So. Fla. Water Management Dist., IAS_VI-1936-001.
DOT Transportation Projects — St. Johns River Water Management Dist., IAS_VI-1937-001.
DOT Transportation Projects — Suwannee River Water Management Dist., IAS_VI-1938-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§120.595 — Untimely County Motion For — Denied, IAS_VI-1939-001.
Circuit Court Civil Summary Judgment Against Dept. —
Issue of Fact Regarding Third Party Defense Found, IAS_VI-1940-001.
Consent Order —
DEP Cannot Compel the Respondent to Accept Unilateral Changes to a Consent Order, IAS_VI-1941-001.
Enforcement Discretion Includes the Decision to Pursue Enforcement In the First Instance, IAS_VI-1942-001.
Standard Governing Third Party Challenges Exhaustively — Explored, IAS_VI-1943-001.
Third Party Challenge to Corrective Measures — Wastewater & Stormwater Treatment, IAS_VI-1944-001.
Two (2) Classes of: License Or Permit & Resolution of Violations, IAS_VI-1945-001.
Contract (See Also CONTRACTS (Bids/Protests)) —
Circuit Court Action to Seeking to Block Public Records Request For Alleged Trade Secrets —
Circuit Court Denial of Relief On Basis of Absence of Prefiling Identification of Material In Question As Confidential — Affirmed, IAS_VI-1946-001.
Costs of DEP Cleanup —
Earthen Dam Constructed Across a Creek Without a Permit, IAS_VI-1947-001.
Declaratory Statements (See DECLARATORY STATEMENTS)
Dissolution of the Lee County Regional Water Supply Authority — Approved, IAS_VI-1948-001.
Dry Cleaning Solvents Cleanup Program —
1995 Statutory Revisions to This Program — Examined, IAS_VI-1949-001.
DEP Lacks Authority to Extend the Secondary Containment Deadline, IAS_VI-1950-001.
Drycleaning Chemicals Found Never to Have Been Used, IAS_VI-1951-001.
Failure to Install Secondary Containment System, IAS_VI-1952-001.
Grossly Negligent Operation, IAS_VI-1953-001.
History Behind This Program — Examined, IAS_VI-1954-001.
Incomplete Application, IAS_VI-1955-001.
Secondary Containment Structures — Discussed, IAS_VI-1956-001.
Untimely Petition For — Denied, IAS_VI-1957-001.
Emergency Final Order —
Authorization For Lake Okeechobee Water Storage Augmentation — Granted, IAS_VI-1958-002.
Authorization For Provision of Bottled Water — Steinhatchee Water Assoc., IAS_VI-1959-001.
Authorization For So. Fla. Water Management Dist. to Augment Lake Okeechobee Water Supply Due to Drought, IAS_VI-1960-001.
Authorization to Construct Conveyance System For Transport of Process Wastewater Offsite From Phosphate Plant In Receivership, IAS_VI-1961-002.
Authorization to Lower Inlet to Existing Modified Drainage Well Associated With the Lake Orienta Project — Granted, IAS_VI-1962-001.
Authorization to Operate S-332B & S-332D Pump Station — Amended Order, IAS_VI-1963-001.
Authorization to Plug, Abandon & Relocate Drainage Well Granted, IAS_VI-1964-001.
Authorization to Receiver to Allow Discharge of Treated Process Wastewater From Piney Point, IAS_VI-1965-001.
Circuit Court Strikes Request For Jury Trial — Affirmed, IAS_VI-1966-001.
DEP Has the Burden of Proof, IAS_VI-1967-001.
DOAH Reduction In Penalties Assessed — Affirmed, IAS_VI-1968-001.
Violation of DEP Stop Work Order, IAS_VI-1969-001.
Connection to Waters of the State Via a Culvert, IAS_VI-1970-001.
DEP Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1971-001.
None Over Upland Areas, IAS_VI-1972-001.
None to Consider Compliance With Federal Regulations, IAS_VI-1973-001.
None to Consider Local Zoning Ordinances, IAS_VI-1974-001.
None to Resolve Property Disputes or Ownership Rights, IAS_VI-1975-003.
To Establish Standards For the Abatement of Excessive & Unnecessary Noise, IAS_VI-1976-001.
Withdrawal of Third Party Protest Does Not Divest Agency Jurisdiction, IAS_VI-1977-001.
Marine Patrol (See Also FISH & WILDLIFE CONSERVATION Comm.).
Notice of Violation/Order For Corrective Action —
Automobile Junkyard — Failure to Document Disposal of Hazardous Waste, Motor Oil & Gasoline, IAS_VI-1978-001.
C & D Landfill — Failure to Provide Financial Assurance — Failure to Provide Groundwater Monitoring Data — Failure to Control Access — Odors, IAS_VI-1979-001.
Civil Penalties Found Not Warranted, IAS_VI-1980-001.
Costs — Issue of DEP Recovery of Should Be Addressed In a Separate & Supplemental Final Order, IAS_VI-1981-001.
DEP Costs Do Not Constitute “Damages” Under §376.308(4) or §403.121(2), IAS_VI-1982-001.
DEP Has the Burden of Proof By Clear & Convincing Evidence, IAS_VI-1983-001.
DEP Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-1984-002.
Earthen Dam Constructed Across Creek In Jurisdictional Wetlands Without a Permit, IAS_VI-1985-001.
Fill Pad & Modular Home In Jurisdictional Wetlands Without a Permit, IAS_VI-1986-001.
Fine Vis. Corrective Action — Discussed, IAS_VI-1987-001.
Landfill — Operation of Without a Permit — Improper Operation In a Floodplain, IAS_VI-1988-001.
Operation of a Wastewater Treatment Plant In Violation of Rules, IAS_VI-1989-001.
Septic Tank — Installation of In a Wetland Without a Permit, IAS_VI-1990-001.
Oral Argument Before the Secretary Denied, IAS_VI-1991-002.
Order Vacating Final Order: IN RE: St. Lucie River Legal Defense Fund, IAS_VI-1992-001.
Permit (See Also PERMITS) —
Coastal Construction Control Line (See Also PERMITS) —
Beachwalk — Municipal, IAS_VI-1993-001.
Residential Dock & Ramp — Dept. Dismissal of Third Party Petition — Reversed, IAS_VI-1994-001.
Dredge & Fill —
Dock — Residential — Third Party Objection After the Fact, IAS_VI-1995-001.
Environmental Resource (See Also PERMITS) —
Easement Holder As the Applicant, IAS_VI-1996-001.
Marina — Expansion — Stormwater Management — DEP Denial — Affirmed, IAS_VI-1997-001.
Residential Dock, IAS_VI-1998-001.
General — No Notice —
Dredging of a Canal For a House Pad — DEP Denial of Default Permit — Reversed, IAS_VI-1999-001.
Construction & Demolition Debris Facility, IAS_VI-2000-001.
Petition to Initiate Rulemaking —
Noticed General Permit For Certain Dredging Activities of the West Coast Inland Navigation Dist. — Granted, IAS_VI-2001-001.
Paint & Paint-Related Wastes — Classification As Universal Waste, Standing to Petition — Found, IAS_VI-2002-001.
Petroleum Product Cleanup —
Applicant Has the Burden of Proof, IAS_VI-2003-001.
Early Detection Incentive (EDI) Program —
Failure to Timely File Report, IAS_VI-2004-001.
Inland Protection Trust Fund —
Statutory History Behind — Examined, IAS_VI-2005-001.
Petroleum Cleanup Participation Program (PCPP) —
DEP Finding That the Application Did Not Contain Enough Information to Constitute a “Discharge Reporting Form” Reversed, IAS_VI-2006-001.
Mechanics of This Fund — Examined, IAS_VI-2007-001.
Purpose of This Fund — Examined, IAS_VI-2008-001.
Untimely Contamination Report Found to Result In Ineligibility, IAS_VI-2009-001.
Petroleum Liability Restoration & Insurance Program —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_VI-2010-001.
Failure to Maintain Requisite Insurance Coverage, IAS_VI-2011-001.
Request For Hearing —
Dismissal of As Sanction For Discovery Violations — Reversed, IAS_VI-2012-001.
Dismissed As Deficient, IAS_VI-2013-001.
Request For Reconsideration of Final Order — Denied, IAS_VI-2014-001.
Rule Variance or Waiver —
Coastal Construction Control Line — Construction of a Residence On Top of a Nonconforming Stem Wall & Footing Foundation Rather Than On Piles, IAS_VI-2015-001.
Construction & Demolition Debris Transfer Station — Leachate Control System — Granted, IAS_VI-2016-001.
Discharge of Total Dissolved Solids, Sodium, Chloride, Sulfate, Aluminum, Iron & Magnesium In Concentrations Exceeding Groundwater Standards — Granted, IAS_VI-2017-001.
Dredge & Fill — Shellfish Harvesting Area — Denied, IAS_VI-2018-001.
Dredge & Fill — Shellfish Harvesting Area — Granted, IAS_VI-2019-001.
Dredge & Fill — Temporary Mixing Zone — Beach Renourishment Project — Granted, IAS_VI-2020-001.
Fueling System — Air Force — Secondary Containment — Granted, IAS_VI-2021-001.
Mercury Reclamation Facility — Requisite Effective Recovery Reclamation Rate — Granted, IAS_VI-2022-001.
Mine Reclamation — Completion of Deadlines — Granted, IAS_VI-2023-001.
Petroleum Product Cleanup Reimbursement — Contamination Assessment Program Task — Granted, IAS_VI-2024-001.
Petroleum Storage Tanks — Bulk Product Piping Replacement — Secondary Containment — Granted, IAS_VI-2025-001.
Petroleum Storage Tanks — Prohibition On Placement Within Wellhead Protection Area — Granted, IAS_VI-2026-001.
Petroleum Storage Tanks — Wellhead Protection Area — Granted, IAS_VI-2027-001.
Phosphogypsum Stack Operation Requirements — Financial Responsibility — Closure of Unlined Systems — Denied, IAS_VI-2028-004.
Prohibition On Operational Testing of Injection Wells Beyond Two (2) Years — Granted, IAS_VI-2029-001.
Prohibition On Placement of Injection Well Within Wellhead Protection Area — Granted, IAS_VI-2030-001.
Prohibition On a Zone of Discharge Through Injection Wells — Granted, IAS_VI-2031-015.
Prohibition of Fuel Storage or Pumping Facilities On Over-Water Structures, IAS_VI-2032-001.
Public Water Systems — Location of Pumping Station Above 100 Yr. Flood Elevation — Granted, IAS_VI-2033-001.
Public Water Systems — Requirement For Compliance With Primary & Secondary Drinking Water Standards, IAS_VI-2034-001.
Reclaimed Water — Public Access Reuse — On Line Monitoring For Turbidity, IAS_VI-2035-001.
Requirement That Applications Have Detailed Drawings & Complete Specifications — Granted, IAS_VI-2036-001.
Reverse Osmosis Toxicity Requirements — Granted, IAS_VI-2037-001.
Testing of Groundwater Samples By Analysis of Filtered Samples — Granted, IAS_VI-2038-001.
Wastewater Treatment Plant — Finished Water — Sulfate, IAS_VI-2039-001.
Wastewater Treatment Plant — Groundwater Standards — Dissolved Solids, Sodium, Chloride & Magnesium, IAS_VI-2040-001.
Wastewater Treatment Plant — Staff Requirements — Granted, IAS_VI-2041-002.
Wastewater Treatment Plant — Staffing Requirements For Class A & B Plants — Granted, IAS_VI-2042-002.
Wastewater Treatment Sludge — Classification As a Solid Waste — Granted, IAS_VI-2043-001.
Water Plant Operator — Class A — Requirements For Licensure After Expiration of License — Petition Withdrawn, IAS_VI-2044-001.
Water Quality Exemption — Injection Well — Denied, IAS_VI-2045-001.
Water Quality Exemption For Discharges Into Class G-II Groundwater — Palm Beach County — Granted, IAS_VI-2046-001.
Can & Should Resolve Issues That Cross Program Lines, IAS_VI-2047-001.
Delegation of Quasi-Judicial Decision-Making to Deputies, IAS_VI-2048-001.
Motion to Disqualify For Alleged Bias & Prejudice — Denied, IAS_VI-2049-001.
Oral Argument Before Secretary Denied, IAS_VI-2050-001.
Voluntarily Recuses Himself & Delegates Decision to Deputy Secretary, IAS_VI-2051-001.
Writ of Prohibition Disqualifies After Post-Hearing Statements Reflecting Bias, IAS_VI-2052-001.
Water Quality Certification —
Marina — Repair & Expansion, IAS_VI-2053-001.
Water Quality Exemption —
Myakkahatchee Creek Water Treatment Plant — Granted, IAS_VI-2054-001.
Appeal From Advisory Opinion Dismissed As Moot, IAS_VI-2055-001.
Appellate Review —
DOAH Nonfinal Discovery Order — Granted — Attorney-Client Privilege, IAS_VI-2056-001.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
§112.317(8) Petition For Attorney’s Fees —
Test For Entitlement to, IAS_VI-2057-002.
Burden of Proof — Commission (See Also PRACTICE & PROCEDURE, Burden of Prof. Penal Nature of Revocation Proceeding) —
Clear & Convincing Evidence Is Required, IAS_VI-2058-003.
Discovery (See Also PRACTICE & PROCEDURE) —
DOAH Non-Final Order Denying Discovery of Retainer Agreement With Respondent’s Attorney Reversed, IAS_VI-2059-001.
Financial Disclosure —
Failure to File, IAS_VI-2060-001.
Misuse of Public Position —
Corruptly Defined, IAS_VI-2061-001.
Directing Public Employees to Work On Personal Matters, IAS_VI-2062-001.
Four (4) Part Test For, IAS_VI-2063-001.
Handwritten Changes to Official Zoning Map, IAS_VI-2064-001.
May Be Implicit, IAS_VI-2065-001.
Soliciting Police Dept. For Favorable Treatment, IAS_VI-2066-001.
Governed By Statutes & Rules In Effect On Date of Imposition, IAS_VI-2067-001.
FINANCIAL SERVICES, Dept. of (See Also BANKING & FINANCE, Dept. of; INSURANCE & TREASURER, Dept. of)
Declaratory Statement (See Also DECLARATORY STATEMENTS)
Dept. Imposition of a Fine —
Use of Mailed Notice of Administrative Complaint Alone Found to Satisfy Fla. & Federal Due Process Requirements, IAS_VI-2068-001.
Div. of Securities —
Interplay of State & Federal Law — Examined, IAS_VI-2069-001.
Operating Without a License, IAS_VI-2070-001.
Selling Unregistered Securities, IAS_VI-2071-001.
Test For An Investment Contract — Examined, IAS_VI-2072-001.
License — Agent —
Discipline Based On Sale of Viatical Settlement Purchase Agreements — Operating As Unregistered Security Dealer & Sale of Unregistered Securities —
Dept. Discipline Affirmed Despite Conflicting DOAH Conclusions In Separate But Related Cases, IAS_VI-2073-001.
§120 Is Inapplicable to the Comm. When Acting Pursuant to Constitutional Authority, IAS_VI-2074-001.
Authority of Local Governments to Regulate Possession of Permitted Wildlife, IAS_VI-2075-001.
Circuit Court Affirmance of County Court Dismissal of Citation On Basis That Spiny Lobster Size Limit Rule Was Facially Unconstitutional — Reversed, IAS_VI-2076-001.
Circuit Court Declaratory Judgment Invalidating Two (2) Comm. Rules Regarding Fishing Nets — Reversed, IAS_VI-2077-001.
Circuit Court Nonfinal Order Denying Motion to Dismiss a Declaratory Judgment Action Challenging Manatee Protection Zone Speed Limit — Venue — Reversed, IAS_VI-2078-001.
Circuit Court Order Granting Motion to Dismiss a Declaratory Judgment Action Challenging a Manatee Protection Zone Speed Limit — Granted, IAS_VI-2079-001.
Circuit Court Summary Judgment Finding Portions of Chapter 99-245 Relating to Endangered Marine Life Unconstitutional — Reversed, IAS_VI-2080-001.
Constitutional Nature of Powers — Examined, IAS_VI-2081-002.
Constitutional Provision Creating the Comm. — Discussed, IAS_VI-2082-001.
Constitutionality of Governing Statutes —
§20.331(6)(c)(1) Declared Unconstitutional — §120 Need Not Be Followed In Proceedings Regarding Marine Species of Special Concern, IAS_VI-2083-001.
Declaratory Statements (See Also DECLARATORY STATEMENTS, Highway Safety & Motor Vehicles)
Lacks Regulatory Authority Over Threatened & Endangered Species, IAS_VI-2084-001.
None Over Constitutionality of Its Own Rules, IAS_VI-2085-001.
None Over Local Ordinances, IAS_VI-2086-001.
Rules or Allegedly Unpromulgated Rules Pursuant to Constitutional Authority —
Not Subject to DOAH Challenge, IAS_VI-2087-001.
Legislature’s Delegation of Regulatory Authority Over Endangered Marine Life Found to Be Constitutional & Subject to §120, IAS_VI-2088-001.
Marine Patrol —
Possession of Large Quantity of Undersized & Speared Crawfish —
$4,000+ Fine — Motion to Apportion Among Co-Defendants — Denied, IAS_VI-2089-001.
Stop & Seizure For Allegedly Fishing An Illegal Net —
Circuit Court Dismissal of Suit For False Arrest, False Imprisonment & Violation of Civil Rights — Affirmed, IAS_VI-2090-001.
Net Ban Constitutional Amendment —
Constitutionality of — Examined, IAS_VI-2091-001.
Gill & Entangling Nets — Defined, Discussed & Distinguished, IAS_VI-2092-001.
Gill & Entangling Nets — Mesh Twine Size — Examined, IAS_VI-2093-001.
Hybrid Net — Propriety of — Discussed, IAS_VI-2094-001.
Nearshore & Inshore Waters — Defined & Discussed, IAS_VI-2095-001.
Permit (See Also PERMITS) —
Possession of Wildlife For Exhibit Or Public Sale —
Less Than Minimum Required Acreage, IAS_VI-2096-001.
Rule Variance or Waiver —
Manatee Protection Boat Speed Zone In Brevard County — Commercial Towing Co. — Granted, IAS_VI-2097-001.
Manatee Protection Boat Speed Zone In Brevard County — Granted/Third Party Petition Dismissed, IAS_VI-2098-001.
Manatee Protection Boat Speed Zone In Collier County — Granted, IAS_VI-2099-001.
Manatee Protection Boat Speed Zone In Collier County– Airboat Tours — Granted, IAS_VI-2100-001.
Manatee Protection Boat Speed Zone In Lee County — Granted, IAS_VI-2101-001.
Manatee Protection Boat Speed Zone In Brevard County —
Petition Denied For Lack of Standing, IAS_VI-2102-002.
Petition Dismissed As Deficient, IAS_VI-2103-001.
Proposed Rule — Manatee Protection Boat Speed Zone — Denied, IAS_VI-2104-001.
§372.0725 Is In Aid of & Not Inconsistent With Comm. Constitutional Authority, IAS_VI-2105-001.
Commission Rules Are Not Subject to DOAH Challenges Regarding Validity Due to Constitutional Genesis, IAS_VI-2106-001.
Constitutional Genesis of — Examined, IAS_VI-2107-001.
Transfer of Game & Fresh Water Fish Comm. Rules — Discussed, IAS_VI-2108-001.
Teacher Dismissal From Teaching Position For Alleged Sexual Harassment of Student —
Univ. Rejection of DOAH Recommended Fact Findings Reversed In Part/Remanded, IAS_VI-2109-001.
Competitive Application Process —
Dismissal of Disappointed Applicant’s Petition For Hearing For Lack of Standing Reversed, IAS_VI-2110-001.