DBPR (Dept. of Business & Professional Regulation) (See ALCOHOLIC BEVERAGE LICENSE; Name of Board; PARI-MUTUEL WAGERING, Div. of)


Acupuncture —
Petition Denied As Deficient, VIII-1630.
Question As to Whether It Is Within Petitioner’s Scope of Practice to Use Hypnosis As An Adjustive Therapeutic Technique — Denied, VIII-1631.
Question As to the Authority to Use the Terms “Doctor” and “Doctor of Oriental Medicine” As Well As Abbreviations Therefor — Petition Denied, VIII-1632.
Analagous to Action For Declaratory Judgment, VIII-1633.
Caselaw Pertaining to Declaratory Judgments (86) Is Analogous, VIII-1634.
Children & Families —
Questions Regarding Intensive In-Patient Residential Treatment Answered, VIII-1635.
Chiropractic —
Amended Final Order: IN RE: Fiorini, VIII-1636.
Question Regarding Authority to Delegate Use of Specific Physical Modalities to An Unlicensed But Trained Assistant, VIII-1637.
Question Regarding Authority to Use Yoga In Practice, VIII-1638.
Question Regarding Use of Video Nystagmograph (VNG) to Diagnose Balance Disorders, VIII-1639.
Community Affairs —
Building Comm. —
Question As to the Applicability of 163.3184(16) to Petitioners In Their Particular Set of Circumstances — Petition Denied, VIII-1640.
Question As to Consistency of City of Daytona Development Order With Its Comprehensive Plan, VIII-1641.
Question As to Whether the Suspension & Subsequent Area Master Plan Complies With 163, VIII-1642.
Status of DRI In St. Pete Beach Vis Local Comprehensive Plan Amendments — Petition Denied, VIII-1643.
DEP (Dept. of Environmental Protection) —
Third Party Petition Seeking Declaration That a National Pollutant Discharge Elimination System (NPDES) Permit Was Invalid Denied, VIII-1644.
Dentistry —
Advertising — Propriety of Advertising Practice As “Sedation Dentistry” — Petition Denied As Defective, VIII-1645.
Advertising — Propriety of Advertising With the Phrase “Anxiety Free Dentistry”, VIII-1646.
Advertising — Question As to the Scope & Operation of Rule 64B5-4.002, VIII-1647.
Availability of Temporary Certificates For Unlicensed Dentists Working In Underserved Prisons, VIII-1648.
Clarification Sought As to Policies Governing Placement of Out-of-State Dental Students In Dental Externship Practices — Petition Granted In Part, VIII-1649.
Credentialing & Accreditation Requirements For An Outpatient Dental Surgery Center, VIII-1650.
Propriety of Alternative Imaging Resources In Lieu of Plaster Models In the Diagnosis & Treatment of Malocclusions By An Orthodontist — Petition Denied, VIII-1651.
Question As to Whether Prescribing Chantix For Smoking Cessation Is Within the Scope of a Dentist’s Practice —
Petition Granted Finding Questioned Prescription to Be Within a Dentist’s Scope of Practice, VIII-1652.
Question As to Whether the Location of Automatic External Defibrillators (AEDS) Meet Rule Requirements — Petition Denied, VIII-1653.
Education (DOE) —
Bright Futures Scholarship — Applicant Petition For — Denial of Affirmed, VIII-1654.
Health (See Also Medical Quality Assurance (MQA) Boards: By Board Name) —
Ambulance Service —
Question As to the Status of An Office Suite As An Enclosed Indoor Workplace For Purpose of the Florida Clean Indoor Air Act, VIII-1655.
Authority of Medical Director to Supervise Paramedics & Emergency Medical Technicians, VIII-1656.
Status of a Non-Profit Residential Cooperative As a Mobile Home Park, VIII-1657.
Health Care Administration (AHCA) —
Question As to the Ability of a Proposed Oncology Group to Bill for Medical Services Under 456.053 —
Agency Denial of Petition Reversed & Remanded, VIII-1658.
Highway Safety & Motor Vehicles (HSMV) —
Applicability of 316.066(5)(a) & (b) Exemption From 60-Day Nondisclosure Requirement For Receipt of Crash Reports For Alleged “Electronic or Internet Based News Publication”, VIII-1659.
Question As to Whether a Certain Manufacturer Is Prohibited From Owning a Dealership Pursuant to 320.645, VIII-1660.
Massage Therapy —
Question As to the Proper Scope of Practice — Petition Denied, VIII-1661.
Medicine —
Authority of Hospital to Operate a Sleep Study Center Solely For Use of Its Patients Found Violative of the Patient Self-Referral Act, VIII-1662.
Authority of Physician Certified In An Area of Critical Need to Provide Crisis Stabilization Under Specified Circumstances, VIII-1663.
Dietetics & Nutrition Practice Council —
Licensure — Exam — Question As to the Number of Required Hours In Supervised Food Service Management, VIII-1664.
Group (57 Members) of Physicians Question Whether a Policy’s Shared Aggregate Limit Satisfies Minimum Financial Responsibility Requirement —
Bd. Finds That the Remote Possibility That the Aggregate Limit Would Be Exceeded Means That Financial Responsibility Is Not Established, VIII-1665.
Petition Dismissed As Deficient, VIII-1666.
Propriety of Cardiovascular Physical Group Referring Patients to Its Own Sleep Study Center, VIII-1667.
Propriety of Firm Partially Owned By a Doctor & His Wife Providing Pharmaceutical Products & Related Services to Fertility Patients, VIII-1668.
Propriety of Firm Paying Doctors or Their Staff a Fee to Complete An Application Regarding Patients’ Medical Histories, VIII-1669.
Propriety of Marketing Program Involving $10.00 Gift to One’s Favorite Charity In Return For Distributing Promotional Information, VIII-1670.
Propriety of Physician Participation In Stop Smoking Program Offered By a Firm, VIII-1671.
Question As to What Constitutes the Active Practice of Medicine For Two (2) Out of the Immediately Preceding Four (4) Years — Licensure, VIII-1672.
Nursing —
Authority of Certified Nurse Midwife to Administer Micro-Injections With Physician Supervision In the Lipodissolve Cosmetic Procedure, VIII-1673.
Authority of a Registered Nurse (RN) Trained As a Maternal – Child Clinical Specialist —
To Administer Low Dose Anesthetic Agents Via Epidural Catheter — Petition Denied As Deficient, VIII-1674.
Authority of a Registered Nurse (RN) to Administer a Cardiac Treadmill Stress Test, VIII-1675.
Authority of a Registered Nurse (RN) to Apply a Certain Tourniquet Under Various Scenarios — Petition Denied, VIII-1676.
Authority of a Registered Nurse (RN) to Determine Whether She Could Safely Administer Human Rabies Immune Globulin, VIII-1677.
Authority to Registered Nurse (RN) Trained As a Psychiatric & Mental Health Specialist —
To Provide Counseling In An Office Setting Found Not Within Scope of Nursing, VIII-1678.
Question Regarding Scope of Independent Practice In Podiatric Health, VIII-1679.
Request For Interpretation Covering a Class of Nurses & Evaluating the Practice of Other Nurses Denied, VIII-1680.
Request to Allow Expansion of Practice of Registered Nurse (RN) — Petition Dismissed, VIII-1681.
Requirement For Certified Registered Nurse Anesthetist to Supervise An Unlicensed Anesthesiologist Assistant Trainee When Administering Anesthesia, VIII-1682.
Opticianry —
Authority to Dispense Ready Made Non-Prescription Glasses For Distance Use, VIII-1683.
Optician Questions Authority of Retail Store to Give Customers Their Glasses or Work On Glasses When An Optician Is Not On the Premises — Petition Denied For Lack of Standing & As Otherwise Deficient, VIII-1684.
Optometry —
Bd. Denial of Motion to Intervene Reversed, VIII-1685.
Legality of Certain Lease Provisions Imposed By Wal-Mart —
Bd. Issuance of Declaratory Statement Reversed Due to Deletion of Questioned Provisions, VIII-1686.
Optometrist Renting Space From Shands Teaching Hospital At Univ. of Florida —
Sale of Low Vision Devices — Referral to Shands Occupational Therapists, VIII-1687.
Proposed Lease For Space & Contract For Management Services, VIII-1688.
Proposed Lease In Which Rent Is Tied to Revenue From Exam Fees — Found Improper, VIII-1689.
Orthotists & Prosthetists —
Authority of Orthotic Filter to Apply or Adjust a “Halo” Brace, VIII-1690.
Petition Dismissed For Lack of Specificity & Other Deficiencies, VIII-1691.
Question Regarding Compression Stockings — Denied, VIII-1692.
Osteopathic Medicine —
Authority to Prescribe & Administer Anabolic Steroids For Anti-Aging Treatment — Petition Denied, VIII-1693.
Pari-Mutuel Wagering —
Statement Requested Regarding Effect of Absence of Implementing Legislation At Pari-Mutuel Facility, VIII-1694.
Pharmacy —
Question As to Propriety of a Sample Medication Policy At the Pharmacy of a Teaching Hospital, VIII-1695.
Question As to Whether Refills On Oral Schedule III Prescriptions Are Prohibited, VIII-1696.
Question As to the Status & Disposition of Medicinal Drugs Returned to or Recovered By a Pharmacy, VIII-1697.
Question Regarding Appropriate Standard of Care to Be Followed When Filling Out-of-State Prescriptions For Non-Residents, VIII-1698.
Podiatry —
Question As to Whether An Endovenous Ablation of the Greater Saphenous Vein Is Within the Scope of Practice, VIII-1699.
Psychological Examiners —
Authority of An Out-of-State Psychologist to Treat Patients In Florida Via Electronic Mediums, VIII-1700.
Continuing Education Credit — Home Study Courses — Lack of Requisite Accreditation, VIII-1701.
Exemption — Expert Witness Services In Florida Civil Actions, 29:2197-2197.
Post-Doctoral Work Experience — Out-of-State, VIII-1702.
Propriety of Advertising Oneself As a Nationally Certified School Psychologist, VIII-1703.
Propriety of Making a Report to the Dept. of Highway Safety & Motor Vehicles or Others Regarding a Patient’s Fitness to Drive, VIII-1704.
Question As to Qualifications of Therapist to Hold Oneself Out As a Sex Therapist — Petition Denied, VIII-1705.
Question As to Qualification Regarding Evaluation & Treatment of Sex Offenders, VIII-1706.
Question As to Whether Certain Post-Doctoral Work Experience Out-of-State Is Acceptable, VIII-1707.
Question As to Whether Post-Doctoral Supervision By Unlicensed Personnel At the Public Defender’s Office Is Acceptable, VIII-1708.
Question As to Whether Certain Practice Modes Were Exempt From Licensure — Denied, VIII-1709.
Social Security Professional Panelist Found to Require Florida License If Operating From Florida Residence, VIII-1710.
Standards Governing Provision of Complementary Alternative Health Care Treatment, VIII-1711.
Vacation of Final Order Denying Application — Application Voluntarily Withdrawn, VIII-1712.
Purpose of Examined, VIII-1713.
Requirements For —
Actual Controversy, VIII-1714.
Cannot Be Utilized If There Is Another Adequate Remedy, VIII-1715.
Cannot Be Utilized to Challenge Agency Decisions, VIII-1716.
Cannot Be Utilized to Clarify Vague Statutory Provision, VIII-1717.
Cannot Be Utilized to Determine Answer to Be Found In Recently Promulgated Rule, VIII-1718.
Cannot Be Utilized to Determine Matters Beyond An Agency’s Jurisdiction, VIII-1719.
Cannot Be Utilized to Determine Matters Pending In An Administrative Proceeding, VIII-1720.
Cannot Be Utilized to Determine Matters Pending In Civil Court Proceeding, VIII-1721.
Cannot Be Utilized to Determine Propriety of Conduct That Has Already Occurred, VIII-1722.
Cannot Be Utilized to Determine Standard of Care Questions, VIII-1723.
Cannot Be Utilized to Determine the Conduct of a Third Person, VIII-1724.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, VIII-1725.
Cannot Be Utilized to Elicit of Policy Statement of General Applicability — Petition Referred For Rule Development, VIII-1726.
Cannot Be Utilized to Elicit Legal Advice, VIII-1727.
Cannot Be Utilized to Question Hypothetical Circumstances, VIII-1728.
Changed Circumstances May Prohibit the Issuance of, VIII-1729.
Letter Deemed Proper Petition For Despite Deficiencies, VIII-1730.
Must Be Based On Narrowly Drawn & Unique Set of Facts, VIII-1731.
Must Be Based On Prospective Course of Action, VIII-1732.
Purpose of — Examined, VIII-1733.
Refusal to Submit Further Details As Requested, VIII-1734.
Scope of Found Expanded In Recent Caselaw, VIII-1735.
Specific Facts & Circumstances Must Be Set Forth, VIII-1736.
Specific Statutes, Rules or Orders to Be Interpreted Must Be Set Forth, VIII-1737.
Respiratory Therapy —
Petition Denied As Deficient, VIII-1738.
Question As to Whether a Properly Licensed Respiratory Therapist Is Required to Deliver, Assemble, Set-Up and/or Test Continuous Positive Airway Pressure (CPAP) or Bi-Level Therapy Equipment, VIII-1739.
Revenue —
Ad Valorem Tax —
Question As to Whether a Local Board of Adjustment Must Afford a Hearing On the Special Magistrate’s Recommendation, VIII-1740.
Sales Tax —
Exemption — Yacht Club — Not-For-Profit — Capital Contributions, VIII-1741.
Lease of Tower For Transmission of Voice, Audio, Television and/or Radio Signals, VIII-1742.
Transient Rental Tax Reward Points Program — Denied, VIII-1743.
Speech Language Pathology & Audiology —
Authority of Licensee to Perform Tracheal Suctioning Procedures, VIII-1744.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Bd. Denial of Motion to Intervene Reversed, VIII-1745.
Found Lacking, VIII-1746.
Standing Found Lacking Because Petitioner Was Neither a Licensee nor Licensure Applicant, VIII-1747.
Substantial Affects Found Lacking, VIII-1748.
Two (2) Part Test For, VIII-1749.


Declaratory Statement (See DECLARATORY STATEMENTS)
License —
Bd. Discipline For Unacceptable Level of Care Reversed, VIII-1750.
Emergency Restriction —
Failure to Provide Appropriate Emergency Care, VIII-1751.
Unacceptable Level of Care, VIII-1752.
Emergency Suspension —
Controlled Substances — Prescription Other Than In Course of a Professional Practice, VIII-1753.
Controlled Substances — Prescription of Excessive Amounts, VIII-1754.
Controlled Substances — Self-Prescription, VIII-1755.
Controlled Substances — Unsafe & Unsanitary Conditions, VIII-1756.
Criminal Charge — Grand Theft (Insurance Fraud), VIII-1757.
Criminal Charge — Possession of Controlled Substances, VIII-1758.
Criminal Plea — Driving Under the Influence (DUI), VIII-1759.
Default On Student Loan, VIII-1760.
Failure to Comply With PRN Contract, VIII-1761.
Failure to Perform Statutory or Legal Obligation, VIII-1762.
Inability In Profession (Impaired At Work), VIII-1763.
Inability In Profession (Mental Condition), VIII-1764.
Inability In Profession (Opioid Dependence), VIII-1765.
Inability In Profession (Psychosis), VIII-1766.
Incompetence, VIII-1767.
Interfering With An Investigation, VIII-1768.
Negligence, VIII-1769.
Order Lifting Emergency Suspension: In Re: Fouad Sidawi, VIII-1770.
Order Vacating Emergency Suspension — In Re: Jahn Oppenheimer, D.D.S. — Student Loan Judgment Satisfied, VIII-1771.
Positive Drug Screen — Alcohol, VIII-1772.
Positive Drug Screen — Alprazolam, VIII-1773.
Positive Drug Screen — Benzodiazepines, VIII-1774.
Positive Drug Screen — Hydrocodone, VIII-1775.
Unacceptable Level of Care, VIII-1776.
Exercising Influence On Patients For Financial Gain, VIII-1777.
Failure to Keep Requisite Written Records —
Inadequate Record Keeping Alone Can Be the Basis for Discipline, VIII-1778.
Failure to Keep Requisite Written Records, VIII-1779.
Failure to Maintain Malpractice Insurance or Other Financial Responsibility, VIII-1780.
Failure to Perform Statutory or Legal Obligation, VIII-1781.
Failure to Provide Notice of Office Relocation, VIII-1782.
Failure to Provide Requisite Emergency Services, VIII-1783.
Failure to Provide Terms of Office For Members of Governing Body, VIII-1784.
Fraudulent Conduct, VIII-1785.
Inability In Profession (Alcohol Abuse), VIII-1786.
Unacceptable Level of Care, VIII-1787.
Licensure —
Application —
Limited — Out-of-State Discipline, VIII-1788.
Exam —
Challenge to Grading — 10% Standing Requirement Cannot Be Waived, VIII-1789.
Challenge to Grading, VIII-1790.
Medicaid (See MEDICAID)



Complaint —
Charges Outside of Cannot Be Prosecuted — Unless Tried By Consent, VIII-1791.
Charges Outside of Cannot Be Prosecuted, VIII-1792.
Communication Among Staff Investigatory, Advisory or Charging Functions Are Not Subject to the “Sunshine” Law (286), VIII-1793.
Factual Basis For Adverse Action Found Not Properly Noticed, VIII-1794.
Found “Simply Too Vague,” 471-484
Multiple Counts Can Be Based On a Single Act, VIII-1795.
Must Give Adequate Notice of Assailed Conduct, VIII-1796.
Must Reasonably Allege Factual Basis, VIII-1797.
Procedures Governing Investigations Need Not Be Codified By Rule, VIII-1798.
Criminal Charges —
Battery —
Degree of Touching Is Irrelevant, VIII-1799.
Intent Is a Necessary Element, VIII-1800.
Involves Actual Touching, VIII-1801.
Controlled Substances —
Even Recreational Use of Marijuana May Render a Licensee Unable to Practice Safely, VIII-1802.
Moral Turpitude —
Defined & Discussed, VIII-1803.
Vehicular Homicide, VIII-1804.
Criminal Conviction —
Defined & Discussed, VIII-1805.
Relationship to Profession, VIII-1806.
Criminal Plea —
Adjudication Withheld — Effect of, VIII-1807.
Guilty Plea Is Equivalent to a Conviction, VIII-1808.
Relationship to Profession Construed, VIII-1809.
Statutorily Equated to a Conviction, VIII-1810.
Emergency Suspension of License (See PRACTICE & PROCEDURE, Emergency Procedures)
Exacerbating Factors (See Also Mitigating Factors) —
Actual Knowledge of Violation, VIII-1811.
Danger to Public, VIII-1812.
Enumerated Factors Need Not Necessarily Be Considered, VIII-1813.
Failure to —
Correct Deficiencies, VIII-1814.
Report Violation, VIII-1815.
Harm to Dependent Patient/Client, VIII-1816.
Harm to Public, VIII-1817.
Ignorance or Disregard of Professional Responsibilities, VIII-1818.
Invalidation of Student Test Scores, VIII-1819.
Knowing Violation, VIII-1820.
Lack of Candor, VIII-1821.
Lack of Remorse, VIII-1822.
Must Be Properly Noticed In Administrative Complaint In Order to Support An Increased Penalty, VIII-1823.
Numerous Counts Found Established, VIII-1824.
Pecuniary Gain, VIII-1825.
Prescription For a Stranger With No Exam, VIII-1826.
Previous Discipline, VIII-1827.
Prior Violations — Proof of, VIII-1828.
Repetitious Misconduct, VIII-1829.
Severity of the Offense, VIII-1830.
Failure to Comply With Statutorily-Mandated Rulemaking Regarding, VIII-1831.
False Statements —
Intent Is An Essential Element, VIII-1832.
Fraudulent Conduct —
Intent Is An Essential Element, VIII-1833.
Three (3) Part Test For, VIII-1834.
Inadequate Record Keeping Alone Can Provide a Basis For Discipline, VIII-1835.
Intent —
Normally a Question of Fact, VIII-1836.
Jurisdiction —
Expiration of License Found Not to Bar Discipline For Conduct When License Was Active, VIII-1837.
Out-of-State Conduct —
Licensure In Florida Found to Subject Largely Out-of-State Conduct to Scrutiny Under Florida Statutes, VIII-1838.
Persons Duly Licensed By Another Entity, VIII-1839.
Unlicensed Persons, VIII-1840.
Mitigating Factors (See Also Exacerbating Factors) —
Absence of —
Actual Harm to Public, VIII-1841.
Danger to the Public, VIII-1842.
Pecuniary Benefit, VIII-1843.
Previous Discipline — After Many Years of Service, VIII-1844.
Previous Discipline — Not Dispositive Due to Settlements of Three (3) Previous Cases, VIII-1845.
Previous Discipline, VIII-1846.
Restriction On License, VIII-1847.
Standard of Care Violation, VIII-1848.
Willful Violation, VIII-1849.
Controlled Substances Not Involved, VIII-1850.
Cooperative With Prosecutorial Agency, VIII-1851.
Distinguished Career, VIII-1852.
Enumerated Factors Need Not Necessarily Be Considered, VIII-1853.
Exceptional Education Teacher, VIII-1854.
Exoneration On Some Counts of Multiple Count Complaint, VIII-1855.
Government Employ, VIII-1856.
Handicapped Person Who Would Be Financially Devastated By Loss of Livelihood, VIII-1857.
High Volume Practice Reliant On Diagnostic Tests, VIII-1858.
Ignorance of the Law Does Not Constitute, VIII-1859.
Isolated Infraction In Long Career, VIII-1860.
Isolated Infraction, VIII-1861.
Livelihood — Substantial Impact On, VIII-1862.
Long Time Since Previous Discipline, VIII-1863.
Long Time Since the Infraction, VIII-1864.
Multiple Violations Arising Out of a Single Transaction, VIII-1865.
One (1) Count Complaint, VIII-1866.
One (1) Occurrence, VIII-1867.
Only Slight Harm to the Public, VIII-1868.
Prompt Corrective Action, VIII-1869.
Operating Without Requisite License —
Completion of Required Casework & Passing the Exam Is No Defense Absent Properly Executed Application & Payment of Fee, VIII-1870.
Penalty (See Also APPELLATE REVIEW; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Agency Cannot “Stay”, VIII-1871.
Agency Must Adequately Explain the Rationale, VIII-1872.
An Agency Has No Inherent Power Regarding — Power Regarding Must Be Expressly Delegated By Statute, VIII-1873.
Analogous Consent Orders Regarding Found Not to Be Probative, VIII-1874.
Appellate Review — Need Merely Be Within Permissible Range, VIII-1875.
Appellate Review — Penalty Remanded Due to Reliance On Withdrawn Violation, VIII-1876.
Complaint Must Give Notice of What Penalties Are Being Sought, VIII-1877.
Criminal Penal Provision Generally Must Require Establishment of Mens Rea, VIII-1878.
Disciplinary Guidelines Are to Be Utilized, VIII-1879.
Exoneration On Most Serious of Multi-Count Complaint, VIII-1880.
Fine —
Cannot Exceed Amount Specified In the Complaint, VIII-1881.
Cannot Exceed Statutory Limits, VIII-1882.
Clear & Convincing Evidence of a Violation Is Requisite to Imposition of, VIII-1883.
Fine Not Discharged By Bankruptcy, VIII-1884.
Must Be Grossly Disproportionate to Violate Excessive Fine Clause of Florida Constitution, VIII-1885.
Guidelines —
Penalty In Excess of Must Be Supported With Written Findings Regarding Aggravating Circumstances, VIII-1886.
Increase In During Relinquishment of Appellate Jurisdiction to Correct the Final Order Without Notice Reversed, VIII-1887.
Licensee Cannot Be Punished Twice For the Same Violation, VIII-1888.
Previous Discipline Is Relevant, VIII-1889.
Procedure For Imposing Must Comport With Due Process, VIII-1890.
Reimbursement For the Patient Is Not Contemplated, VIII-1891.
Requirement For Attendance At Comm. Meetings Found Unauthorized, VIII-1892.
Requirement to Perform Community Services Found Unauthorized, VIII-1893.
Revocation (See Revocation)
Rule Disciplinary Guidelines Must Be Considered, VIII-1894.
Revocation —
Affirmed As Not Excessively Harsh, VIII-1895.
License Erroneously Issued On the Basis Of False Information Cannot Be Merely Rescinded, VIII-1896.
Permanent — Found Not Authorized, VIII-1897.
Permanent — Found Not Properly Noticed In the Administrative Complaint, VIII-1898.
Rulemaking —
Every Conceivable Set of Facts Which Constitute a Violation of Need Not Be Addressed By Rule, VIII-1899.
Time Limits —
Agency Failure to Meet Procedural Benchmarks Must Cause Prejudice In Order to Warrant Dismissal, VIII-1900.
Unacceptable Level of Care —
Basis For Evaluation of, VIII-1901.
Question of Fact, VIII-1902.
Voluntary Relinquishment Pursuant to Settlement Agreement —
No Bar to Relicensure, VIII-1903.
Willful —
Defined, VIII-1904.



Amended Final Order On Appellate Remand: Horne v. Stinson, VIII-1905.
Criminal Plea —
Vehicular Homicide — Moral Turpitude Found Not Established, VIII-1906.
Revocation of Certificate — Affirmed, VIII-1907.
Testing —
Improper Assistance to Students Taking a Standardized Test —
Suspension Based On Rejection of DOAH Recommended Fact Findings & Conclusions of Law Reversed, VIII-1908.
Verbal Abuse of Students —
Amended Complaint Found Properly Heard & Supported By Competent Substantial Evidence, VIII-1909.



Application For a Teaching Certificate —
Parameters of Acceptable Questions Examined, VIII-1910.
Bright Futures College Scholarship —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, VIII-1911.
DOAH Expulsion of Counsel For Unruly Conduct Affirmed — 57.105 Attorney Fees Award In Favor of DOE Entered Sua Sponte, VIII-1912.
DOE Action Found Not Exempt From 120, VIII-1913.
DOE Denial of Petition For Declaratory Statement Affirmed, VIII-1914.
DOE Denial of Petition For Hearing Filed By An Unsuccessful Applicant Reversed, VIII-1915.
Failure to Meet Foreign Language Requirement, VIII-1916.
Variance From Applicable Requirements Found Unauthorized, VIII-1917.
Certificate — Teacher — Professional Education Test —
Continuing to Enter Answers After Time Limit Expires, VIII-1918.
Score Invalidated Due to Cheating, VIII-1919.
Charter School —
DOE Denial of Two (2) Applications For Charter Schools Approved By Osceola County School Bd. Affirmed, VIII-1920.
DOE Reversal of Osceola School Bd. Denial of Application For Affirmed, VIII-1921.
DOE Reversal of Osceola School Bd. Denial of Application For Reversed, VIII-1922.
Dept. Cannot Open a Charter School, VIII-1923.
Dept. Need Not Provide a Fact-Based Justification When Ruling On School Bd. Decision, VIII-1924.
Dept. Reversal of Volusia County School Board Denial of Charter Elementary School Application Affirmed, VIII-1925.
Good Cause Standard For Denial Is Not Defined By Statute, VIII-1926.
Projections of Future Financial Impact On Other Schools Are Not Dispositive, VIII-1927.
School Retains Ultimate Control Over the Provision of the Charter & Therefore the School, VIII-1928.
Termination of Charter Requires Provision of 120 Proceeding, VIII-1929.
Contract (See CONTRACTS (Bids/Protests))
Div. of Blind Services —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, VIII-1930.
Slowly Diminishing Loss of Vision of Unknown Origin Found Not to Meet the Definition of “Blind”, VIII-1931.
Div. of Vocational Rehabilitation —
Anger — Explosive, VIII-1932.
Applicant Has No Right to Choose Their Own Psychiatric Evaluator, VIII-1933.
Applicant Has the Burden of Proof, VIII-1934.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, VIII-1935.
Attention Deficit/Hyperactivity Disorder (AD/HD) & Learning Disorder, VIII-1936.
Back & Neck Injuries — Denied, VIII-1937.
Back & Neck Pain/Hypertension/Liver Tumors/Lung Spots/Thyroid Nodules/ Enlarged Heart/Torn Cartilage, VIII-1938.
Back Injury — Case File Closed, VIII-1939.
Back Injury — Eligibility For Benefits Found, VIII-1940.
Back Injury — Employer Request For Termination of Services Denied, VIII-1941.
Back Injury, VIII-1942.
Blind/Left Eye, VIII-1943.
Blind/Seizures & Respiratory Problems, VIII-1944.
Carpal Tunnel Syndrome, VIII-1945.
Case File Closed — Inability to Benefit From Rehabilitative Services, VIII-1946.
Case File Closed — Petitioner Is Not Barred From Receiving Services, VIII-1947.
Case File Not Closed — After Petitioner Was Alleged to Have Worked For More Than 90 Days, VIII-1948.
Cerebral Palsy, VIII-1949.
Cerebral Palsy — Spastic, VIII-1950.
Challenge to Div. Alleged Failure to Provide Services Contracted For — Denied, VIII-1951.
Contract — Demonstration Project to Privatize Delivery of Core Services —
Challenge to Div. Recoupment of Overpayment Dismissed, VIII-1952.
DOAH Authority to Issue Final Orders Examined, VIII-1953.
Dental Problems Found Not to Constitute a Vocational Impediment, VIII-1954.
Dental Services, VIII-1955.
Dept. Discretion Is Limited, VIII-1956.
Dept. Evaluation Found to Be Inadequate, VIII-1957.
Dept. Found Required to Conduct An Extended Evaluation, VIII-1958.
Dept. Has the Burden of Proof By Clear & Convincing Evidence When Denying Benefits, VIII-1959.
Dept. Has the Burden of Proof By a Preponderance of the Evidence, VIII-1960.
Dept. Has the Burden of Proof When Attempting to Close a Case File, VIII-1961.
Dept. Is Free to Reassess Eligibility, VIII-1962.
Dept. Is Not Responsible For Lack of Education, VIII-1963.
Dept. Is Responsible For Developing An IPE For Each Eligible Applicant, VIII-1964.
Dept. Must Comply With Pertinent Federal Regulations, VIII-1965.
Dept. Must Follow a Two (2) Step Process In Evaluating Claims, VIII-1966.
Dept. Must Provide Advance Written Authorization For An Item to Be Reimbursable, VIII-1967.
Determination of Ineligibility Quashed — Evaluation Ordered, VIII-1968.
Direct Job Placement Found Appropriate In Lieu of Retraining, VIII-1969.
Direct Job Placement Vis. Retraining —
Petitioner Has the Burden of Proof, VIII-1970.
Disability Defined, VIII-1971.
Discharge Found Not Due to Misconduct — Medical Condition — Benefits Granted, VIII-1972.
Eligibility Distinguished From Entitlement, VIII-1973.
Employer Burden of Proof When Challenging Div. Award of Retraining, VIII-1974.
Employer Obligation to Pay For Training & Education Examined, VIII-1975.
Evaluation Ordered/New Counselor Provided, VIII-1976.
Failure to Appear At Hearing — Denied, VIII-1977.
Failure to Comply With Request For Diagnostic Assessment, VIII-1978.
Failure to Cooperate With Div. — Denied, VIII-1979.
Failure to Pursue Employment Opportunities & Make Authorized Auto Repairs, VIII-1980.
Failure to Submit to An Evaluation Required By Settlement Agreement —
DOE Confesses Error, Requests & Is Granted a Remand, VIII-1981.
Failure to Submit to Psychiatric Evaluation, VIII-1982.
Fibromyalgia — Pain, VIII-1983.
Final Order Authority Vested In Dept. – Not DOAH, VIII-1984.
Funds Denied On the Basis That the Business Was Nonprofit, VIII-1985.
Funds to Pay Costs of Housing Associated With College Degree — Denied, VIII-1986.
Funds to Pay For Certification As a Music Teacher, VIII-1987.
Funds to Pay For College Tuition — Bachelor’s Degree In Computer Science, VIII-1988.
Funds to Pay For College Tuition — Computer Software & Supplies/Transportation & Housing Expenses — Case File Closed, VIII-1989.
Funds to Pay For College Tuition — Denied, VIII-1990.
Funds to Pay For College Tuition — Doctor of Philosophy Degree — Denied, VIII-1991.
Funds to Pay For College Tuition — Law Degree — Petitioner Already Has Three (3) Degrees, VIII-1992.
Funds to Pay For College Tuition — Masters Degree, VIII-1993.
Funds to Pay For College Tuition — Out-of-State, VIII-1994.
Funds to Pay For College Tuition — Postgraduate Studies, VIII-1995.
Funds to Pay For College Tuition — Private Community College — Denied, VIII-1996.
Funds to Pay For Dental, Eye & Medical Care, Repairs to Car, Classes & Maintenance — Denied, VIII-1997.
Funds to Pay For a Van/Transportation Expenses/Computer, Printer & Accessories — Denied, VIII-1998.
Funds to Pay Reimbursement For Educational Loans, VIII-1999.
Funds to Pay Reimbursement For Mortgage, VIII-2000.
Funds to Pay Reimbursement of Moving & Transportation Expenses, VIII-2001.
Funds to Pay Treatment of Psoriasis, VIII-2002.
Gainful Employment — Discussed, VIII-2003.
Head Injuries, VIII-2004.
Hearing Loss, VIII-2005.
Individual Plan of Employment (IPE) — Defined & Discussed, VIII-2006.
Individual Plan of Employment (IPE) — Failure to Comply With, VIII-2007.
Individual Plan of Employment (IPE) — Goal of Maximizing Means Meaningful Not Premium Employment, VIII-2008.
Individual Plan of Employment (IPE) — Must Specify Specific Services Needed to Achieve the Employment Outcome, VIII-2009.
Individual Plan of Employment (IPE) — Petitioner Has the Burden of Proof Regarding Specifics of, VIII-2010.
Individual Plan of Employment (IPE) — Services Outside of Cannot Be Provided, VIII-2011.
Individual Plan of Employment (IPE) — Services Outside of Found Not Justified, VIII-2012.
Irritable Bowel Syndrome (IBS), VIII-2013.
Job Placement Services Denied, VIII-2014.
Job Placement Services Only Approved, VIII-2015.
Knee, Back, Thyroid & Gastro Problems, VIII-2016.
Mathematics, Learning and Personality Disorders With Weak Intellect, VIII-2017.
Medical Services — Discontinuance of, VIII-2018.
Mental Health Problems, VIII-2019.
Misconduct As a Basis For Denial of Benefits Examined, VIII-2020.
Neck & Shoulder Injuries, VIII-2021.
Neck Injuries, VIII-2022.
Neck, Shoulder & Ankle Injuries, VIII-2023.
Oral Carcinoma — Removal of, VIII-2024.
Presumption of Eligibility — Does Not Constitute An Entitlement, VIII-2025.
Psoriasis — Funds For Treatment At the Dead Sea, VIII-2026.
Psychological Problems — Additional Psychotherapy & Addiction Recovery Services — Denied, VIII-2027.
Purpose of This Program — Examined, VIII-2028.
Purpose of This Program Is Meaningful Employment — Not Premium Employment, VIII-2029.
Purpose of This Program Is Reemployment, VIII-2030.
Reemployment Services — Employee Has the Burden of Proof Regarding, VIII-2031.
Request For Rehabilitation Training Instead of Job Placement Services Denied, VIII-2032.
Request For Retraining, VIII-2033.
Request For Retraining — Denied, VIII-2034.
Request For Retraining — Photography — Denied, VIII-2035.
Return of Computer & Related Equipment Ordered, VIII-2036.
Services Available Are Not Unlimited — They Must Be Necessary, VIII-2037.
Services Discontinued Because Petitioner Had Re-Established Suitable Employment, VIII-2038.
Severe Disabilities Precluding Employment, VIII-2039.
Spinal Problems, VIII-2040.
Storage Shed For Start-Up Business, VIII-2041.
Suitable Gainful Employment Defined & Discussed, VIII-2042.
Vocational Evaluation Is the Most Cost Effective Means Toward Suitable Employ, VIII-2043.
Vocational Evaluator’s Recommendation Entitled to Deference, VIII-2044.
Vocational Rehabilitative Services Defined, VIII-2045.
Voluntary Relinquishment of Employment Not Found —
Employee Found to Have Rightfully Declined Work Inconsistent With Limitations Imposed After a Back Injury, VIII-2046.
Employee —
Reclassification From Career Service to Selected Exempt —
Challenge to Dismissed Over Contrary DOAH Recommendation, VIII-2047.
Reversed On Basis of Improper Rejection of DOAH Recommended Fact Findings, VIII-2048.
Jurisdiction —
Dept. Has Supervisory Responsibilities Over a Free System of Public Schools Operated By Local School Boards, VIII-2049.
Public Records Act (119) —
Teacher Social Security Numbers —
Circuit Court Order Requiring Disclosure Reversed In Part, VIII-2050.
Whistle Blower Act —
Circuit Court Final Judgment After Jury Trial In Favor of DOE Employee Affirmed, VIII-2051.


Area Agency On Aging (AAA) —
Applicability of Public Records Act & Sunshine Law Discussed, VIII-2052.
Authority & Responsibilities of Examined, VIII-2053.
Contract — Designation As “Lead Agency” —
DOAH Dismissal of Challenge For Lack of Jurisdiction On Basis That An “AAA” Is Not An “Agency” Reversed, VIII-2054.
DOAH Has Jurisdiction Over Bid Protests, VIII-2055.
Reponsibilities of Discussed, VIII-2056.
Contract (See CONTRACTS (Bids/Protests))


DOAH Denial of Attorney-Client Privilege Affirmed —
Communications Found Contacts Related to “Political” Not “Legal” Advice, VIII-2057.
DOAH Denial of Issuance of Subpoenas For Purposes of Deposing Out-of-State Witnesses Affirmed, VIII-2058.
Dismissal of Charges After Rejection of DOAH Recommended Fact Findings Exonerating Respondent —
Reversed With Order to Reinstate DOAH Fact Finding Due to Collateral Legal Consequences, VIII-2059.
Use of Official Authority to Influence Another’s Vote, VIII-2060.
Withdrawal of a Candidate Prior to An Election —
101.253(2) Giving Div. Absolute Discretion Over Found Unconstitutional As Vesting Unbridled Discretion, VIII-2061.


Licensure —
Criminal Conviction — Felony —
Denial of On Basis of 112.011(1)(b) Reversed & Remanded, VIII-2062.
Good Moral Character Is Not a Prerequisite, VIII-2063.


License —
Bd. Finding of Professional Misconduct Over Contrary DOAH Recommendation — Improper Sealing of Plans — Reversed & Remanded, VIII-2064.
Bd. Rejection of DOAH Recommended Fact Findings, Conclusions of Law & Penalty Reversed, VIII-2065.
Bd. Revocation of License For Sealing a Final Drawing Prepared By Another Not Supervised Reversed, VIII-2066.
Fine — Operating Without a License — Improper Rejection of DOAH Recommended Fact Findings — Reversed, VIII-2067.
Licensure —
Bd. Failure to Act On Petition For Hearing Within Fifteen (15) Days —
Writ of Mandamus Granted Compelling Bd. Action — 120.595 Award of Attorney’s Fees & Costs, VIII-2068.
By Endorsement —
Bd. Denial of On Basis That Out-of-State College Was Not Accredited — Case Rendered Moot After Bd. Evaluated the Curriculum, VIII-2069.
Bd. Denial of On Basis That the Degree Was Not From the State of Florida University System — Affirmed, VIII-2070.
Exam —
Denial On Basis of Lack of Requisite Post-Graduate Work Experience Affirmed, VIII-2071.



2004/05 List & 2004/05 Delist — Verified List of Impaired Waters For Group 3 Basin, VIII-2072.
2005-2006 Regional Mitigation Plan —
DOT Transportation Projects — S.W. Fla. Water Management Dist., VIII-2073.
2005/2006 Revisions to the Verified List of Impaired Waters For the Group 3 Basin & Delist List, VIII-2074.
2005/2006 Verified List of Impaired Waters For the Group 4 Basin, VIII-2075.
2006 Verified List of Impaired Waters — Group 1-4 Basin — Revisions Approved, VIII-2076.
2008 Verified List of Impaired Waters For Group 1 Basins — Delist List — 2008 Verified List of Impaired Waters For the Florida Keys (Group 5 Basin), VIII-2077.
Appellate Order On Motions For Rehearing and/or For Certification: Save Our Beaches, et al. v. DEP, et al. —
Rehearing Denied — Certified Question to the Supreme Court, VIII-2078.
Aquatic Preserves —
DEP Permitting Actions Within Discussed, VIII-2079.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE, 403.412(2)(f))
Authorization to Remove the Manchester Lock — Charlotte County, VIII-2080.
Bd. of Trustees — Submerged Lands (See INTERNAL IMPROVEMENT TRUST FUND) —
Circuit Court Judgment Against DEP In Inverse Condemnation Suit —
Construction & Demolition Debris Landfill Closed Due to Foul Odors —
Circuit Court Judgment Reversed, VIII-2081.
Consent Order (See Also PERMITS, Consent Order, Third Party Intervenor) —
Penalties Imposed Cannot Be Assailed By Third Parties, VIII-2082.
Purpose of, VIII-2083.
Third Party Challenge By Consulting Engineers Who Worked On the Project —
Petition Dismissed For Lack of Standing, VIII-2084.
Third Party Challenge to — Drinking Water Supply System — Prisoner, VIII-2085.
Third Party Challenge to Experimental Use of Wetlands to Receive Discharges From a Paper Mill, VIII-2086.
Third Party Not Bound or Estopped By, VIII-2087.
Contained Out Determination — Superfund Remedial Action — Hazardous Waste Not Found, VIII-2088.
Contract (See CONTRACTS (Bids/Protests)
Declaratory Statements (See DECLARATORY STATEMENTS)
Emergency Final Order —
Authorization & Order to Operate Stormwater Treatment Area 1 East & Pump Stations S-362 & S-319, VIII-2089.
Authorization For Actions For Community Public Water Systems Made Necessary By Extensive Drought, VIII-2090.
Authorization For Discharges That Cannot Be Contained From Phosphate Fertilizer Manufacturing Facilities — Sixth Amended Emergency Final Order, VIII-2091.
Authorization For Palm Beach County Solid Waste Authority to Accept Nonhazardous Leachate From Okeechobee Landfill & Dispose Via Injection Well, VIII-2092.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Charley, VIII-2093.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Frances, VIII-2094.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Wilma, VIII-2095.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricanes Charley, Frances, Ivan & Jeanne, VIII-2096.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricanes Charley, Francis, Ivan & Jeanne — 4th Amended Consolidated Emergency Final Order, VIII-2097.
Authorization For Solid Waste & Air Resource Management Made Necessary By Hazardous Weather 2/2/07, VIII-2098.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Drought Related Wildfires, VIII-2099.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Tropical Storm Alberto, VIII-2100.
Authorization to Discharge Certain Wastewater From Phosphoric Acid Fertilizer Manufacturing Facilities — Seventh Amended Order, VIII-2101.
Authorization to Discharge Water From the East Central Regional Water Reclamation Project to Standby Wellfield Impoundment Area, VIII-2102.
Authorization to Discharge Water From the L-8 Reservoir Project, VIII-2103.
Authorization to Perform Repairs to the Herbert Hoover Dike, VIII-2104.
Authorization to Recharge the Surficial Aquifer From Qualified Wastewater Treatment Facilities, VIII-2105.
Declaration of Shoreline Emergency Made Necessary By Subtropical Storm Andrea, VIII-2106.
Relief For Stormwater Effects Resulting From Tropical Storms Fay & Hanna — City of Cape Canaveral, VIII-2107.
Rupture of Private Dam Within Phosphogypsum Stack System, VIII-2108.
Enforcement —
Third Party Request For Must Be Made In Petition Separate From Challenge to Permit Modification, VIII-2109.
Everglades Protection Area —
Numeric Phosphorous Criterion —
Data From Extreme Events Are Excluded, VIII-2110.
Net Improvement Moderating Provision, VIII-2111.
Park & Refuge Evaluated Differently From the Remainder of the Protection Area, VIII-2112.
Three (3) Bases For Expression of As a Geometric Mean, VIII-2113.
Were Established During A Decade-Long Process, VIII-2114.
Phosphorous —
Levels Are Not to Be Measured At the Point of Discharge, VIII-2115.
Regulation Is Intended to Be Watershed-Based, VIII-2116.
Regulation of Total Maximum Daily Loads Is Integral, VIII-2117.
Final Order Establishing the Upper Ocklawaha River Basin Management Action Plan, VIII-2118.
Final Order Pursuant to 373.026 Approving the Broward County Water Preserve Area, VIII-2119.
Final Order Pursuant to 373.026 Approving the Central & Southern Fla. Project Indian River Lagoon South, VIII-2120.
Jurisdiction —
Environmental Resource Permit (ERP) — DEP & the Water Management Districts Have Concurrent Jurisdiction, VIII-2121.
None to Consider Compliance With Federal Regulations, VIII-2122.
None to Consider Compliance With The Public Records Act (119), VIII-2123.
None to Consider Local Zoning Ordinances, VIII-2124.
None to Resolve Property Disputes or Ownership Rights, VIII-2125.
License —
Drinking Water Operator —
Failure to Maintain Proper Operation & Maintenance Logbooks, VIII-2126.
Failure to Submit Monthly Operation Reports, VIII-2127.
Wastewater Operator —
Failure to Maintain Proper Operation & Maintenance Logbooks, VIII-2128.
Notice of Violation/Order For Corrective Action —
Automobile Junkyard — Petroleum Found In Soil Samples, VIII-2129.
DEP Costs — Found Recoverable But Reduced From the Amount Originally Claimed, VIII-2130.
DEP Costs — Include Salary Compensation of DEP Employees, VIII-2131.
DEP Costs — Recoverable Costs Surveyed — Found Not Sought, VIII-2132.
DEP Has the Burden of Proof By a Preponderance of the Evidence, VIII-2133.
Failure to Clean Up Petroleum Storage Tank Discharge (See Also Petroleum Product Cleanup) —
Consideration of the Responsible Party’s Ability to Pay, VIII-2134.
Dept. Has the Discretion to Pursue Either the Insurance Carrier, the Responsible Party – or Both, VIII-2135.
Dept. Need Not Delay An Enforcement Action Until Pending Federal Court Litigation With the Insurance Carrier Is Resolved, VIII-2136.
Failure to Submit Site Assessment Report, VIII-2137.
Petroleum Storage Tank Storage Area Contamination, VIII-2138.
Failure to Cleanup Used Oil Discharges —
Auto Parts Salvage Operation On Land Owned By Third Parties, VIII-2139.
DEP Current Policy of Requiring Cited Person to Conduct Expensive Analytical Testing Found to Be Flawed, VIII-2140.
DEP Duty to Conduct Expensive Analytical Testing When Cited Person Demands It to Establish Fault, VIII-2141.
DEP Order For Corrective Action Reversed, VIII-2142.
Failure to Timely Apply For Renewal of Domestic Wastewater Treatment Facility Operating Permit, VIII-2143.
Filling of Wetlands Contiguous With the Withlacoochee River Without a Permit, VIII-2144.
Fine — Mitigation of, VIII-2145.
Fine — Reduction In Found Not Warranted, VIII-2146.
Landfill — Land Clearing Debris — Violation of Applicable Dept. Rules Regarding Stormwater, Spotters & Open Burning, VIII-2147.
Penalty —
Mitigating Factors — Corrective Action, VIII-2148.
Mitigating Factors — Good Faith Effort to Remediate Discharge Found to Warrant 50% Reduction In Penalty, VIII-2149.
Mitigating Factors — Lack of Financial Resources Does Not Constitute, VIII-2150.
Mitigating Factors Examined & Found Not to Include Lack of Financial Resources, VIII-2151.
Mitigation Due to Good Faith Effort to Comply, VIII-2152.
Mitigation of the Statutory Penalty Found Not Warranted, VIII-2153.
Photographic & Proof Press Services Facility — Petroleum Contamination, VIII-2154.
Vicarious Liability of Business Owner For Acts of Agents, VIII-2155.
Permit (See Also PERMITS) —
Coastal Construction Control Line (CCCL) (See Also PERMITS) —
Condo Complex — Nine (9) Story — Found Not to Constitute Rebuilding — DEP Grant of Permit Reversed, VIII-2156.
Established By Rulemaking — County-By-County — Comprehensive Engineering Studies & Models of 100-Year Storms Utilized, VIII-2157.
Reasonably Continuous & Uniform Line of Construction Must Be Considered, VIII-2158.
Rebuilding Defined & Discussed, VIII-2159.
Residence — Walton County, VIII-2160.
Dredge & Fill (See Also PERMITS) —
Canal — House Pad, VIII-2161.
Maintenance Dredging of the Apalachicola River Navigation Channel, VIII-2162.
Environmental Resource (See Also PERMITS) —
Beach Renourishment — Constitutional Challenge to Statutory Deprivation of Riparian Rights Upheld, VIII-2163.
General — Noticed (See Also PERMITS) —
Discussed, VIII-2164.
Dock — Residential, VIII-2165.
Petroleum Product Cleanup (See Also Notice of Violation/Order For Corrective Action) —
Abandoned Tank Restoration Program —
Discussed, VIII-2166.
Early Detection Incentive (EDI) Program —
Discussed, VIII-2167.
Failure to Cleanup Used Oil Discharges (See Notice of Violation/Order For Corrective Action)
Inland Protection Trust Fund —
Statutory History Behind — Examined, VIII-2168.
Innocent Victim Petroleum Storage System Restoration Program (IVPSSRP) —
Petitioner Found Ineligible Due to Failure to Own Property Prior to 7/1/90, VIII-2169.
Program Discussed, VIII-2170.
Petroleum Cleanup Participation Program (PCPP) —
Applicant Has the Burden of Proof, VIII-2171.
Discussed, VIII-2172.
Eligibility Found Not Established, VIII-2173.
Petroleum Liability & Restoration Program (FPLRIP) —
Discussed, VIII-2174.
Eligibility of Discharge With Coverage In Effect At the Time of Discharge But Not At Time of Subsequent Timely Report to DEP, VIII-2175.
Financial Responsibility In the Event of An Accidental Discharge Must Be Demonstrated, VIII-2176.
Funding Cap Found to Bar Eligibility, VIII-2177.
Rebate For Solar Hot Water Heater —
Previous Denial Reversed — Late Filed Petition Found Result of Excusable Neglect, VIII-2178.
Request For Hearing —
Dismissed As Deficient, VIII-2179.
Dismissed As Untimely & Insufficient, VIII-2180.
Dismissed As Untimely, VIII-2181.
Dismissed For Lack of Standing, VIII-2182.
Rule Variance or Waiver —
Application Fees For Injection Wells — Granted, VIII-2183.
Arsenic Concentrations For Primary Drinking Water Standard — Granted, VIII-2184.
Dewatering — Secondary Drinking Water Standard For Iron — Granted, VIII-2185.
Dredge & Fill — Channel — Maintenance Dredging — Temporary Mixing Zone — Granted, VIII-2186.
Dredge & Fill — Class II Shellfish Harvesting Areas — Denied, VIII-2187.
Dredge & Fill — Class II Shellfish Harvesting Areas — Granted, VIII-2188.
Emergency — Authorization to Allow Discharge of Dewatering Effluence During Road Construction Project — Granted, VIII-2189.
Environmental Resource — Conditions For Issuance of Permits In the So. Florida Water Management Dist., VIII-2190.
Florida Recreation Development Assistance Program — Deficiency Period Requirement — Denied, VIII-2191.
Hazardous Waste Transfer Facility — Setback From Residences, VIII-2192.
Installation Discharging Into a Class III — Granted, VIII-2193.
Mine Reclamation — Completion of Deadlines — Granted, VIII-2194.
Petition For Dismissed As Untimely, VIII-2195.
Piping Transporting Regulated Substances — Requirement For Secondary Containment — Denied, VIII-2196.
Prohibition On Operational Testing of Injection Wells Beyond Two (2) Years — Granted, VIII-2197.
Prohibition On Zone of Discharge Through Injection Wells — Granted, VIII-2198.
Public Water Systems — Arsenic Concentrations In Excess of Primary Drinking Water Standard, VIII-2199.
Public Water Systems — Requirement For Compliance With Primary & Secondary Drinking Water Standards — Granted, VIII-2200.
Public Water Systems — Requirement For Compliance With Secondary Drinking Water Standards — Granted, VIII-2201.
Public Water Systems — Requirement For Injection Control Well Setback of 500 Ft. — Granted, VIII-2202.
Public Water Systems — Secondary Maximum Contaminant Level For Drinking Water, VIII-2203.
Rapid Infiltration Basins — Setback Distance, VIII-2204.
Reclaimed Water — Public Access Reuse — On Line Monitoring For Turbidity, VIII-2205.
Requirement That Piping In Contact With Soil Installed After 6/30/92 Have Secondary Containment — Denied, VIII-2206.
Resource Recovery Facility — Authorization to Store Ash Residue In An Interim Ash Storage & Lead Out Area, VIII-2207.
Restriction of Public Access & Recreation Within Experimental Wetlands Project, VIII-2208.
State Revolving Fund Grant — Limit of One Grant For Any Project Sponsor — Granted, VIII-2209.
Water Quality — Drinking Water Standards — Arsenic — Granted, VIII-2210.
Water Treatment Plant Operator — Requirement That License Class of Chief Operator Be At or Above the Plant Classification — Granted, VIII-2211.
Solar Emergency Incentives Rebate Program —
Denial of Application As Untimely Upheld, VIII-2212.
Verified List of Nutrient Impaired Waters For the Group 2 Basin, VIII-2213.
Water Quality Certification —
Treated Process Wastewater — Secondary Drinking Water Standards, VIII-2214.
Water Quality Exemption —
Cedar Key Water & Sewer Dist., VIII-2215.
Western Hillsboro Aquifer Storage & Recovery Pilot Project — So. Fla. Water Management Dist. — Granted, VIII-2216.


Appellate Review (See Also APPELLATE REVIEW) —
Complainant — Not a Party to Proceeding — Cannot Initiate An Appeal, VIII-2217.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
112.317(8) Petition For Attorney’s Fees —
Actual Malice Need Not Be Demonstrated to Establish Entitlement to, VIII-2218.
Against Claimant — Granted — Appellate Fees Also Awarded, VIII-2219.
Clear & Convincing Proof Is Required, VIII-2220.
Comm. Denial of Award Against Complainant Reversed, VIII-2221.
Reckless Disregard For the Truth Defined & Discussed, VIII-2222.
Reckless Disregard For the Truth Is Required, VIII-2223.
Conflict of Interest —
Attorney/City Council Member Who Represented Clients In Civil Suits Against the City —
Comm. Finding of An Ethics Violation Reversed, VIII-2224.
Conflict Must Be Continuing or Frequently Recurring or Impede Full & Faithful Discharge of Duties, VIII-2225.
Standards Governing Should Not Be So Restrictive As to Discourage Those Most Qualified From Seeking Office, VIII-2226.
Revised Opinion: Brown v. Ethics, Burgess & Kelly, VIII-2227.



Company —
Property Casualty Insurers —
Financial Services Comm. — Role In Rulemaking Explored, VIII-2228.
Terrorism Risk Insurance Act (TRIA) — Discussed, VIII-2229.
Terrorism Risk Insurance Act (TRIA) — Rule Found Clearly Inapplicable to Workers’ Comp, VIII-2230.
Terrorism Risk Insurance Act (TRIA) — Similar Risks Discussed, VIII-2231.
License — Agent —
Dept. Denial of Motion to Set Aside Default Revocation Reversed, VIII-2232.
Discipline Based On Failure to Make Requisite Disclosure, Operation Beyond Scope of License and Aiding & Abetting Unlicensed Personnel —
Dept. Suspension Affirmed, VIII-2233.
Discipline Based On Sale of Self-Funded Employee Retirement Income Benefit Plan From An Unapproved Company —
Dept. Revocation of License Affirmed, VIII-2234.
Discipline Based On Sliding Is Discretionary — Discipline Based On Lack of Fitness or Trustworthiness Is Mandatory —
Affirmed & Reversed In Part, VIII-2235.
Sliding Does Not Constitute a Lack of Fitness or Trustworthiness Per Se, VIII-2236.
Discipline Based On Various Violations —
Dept. Suspension Affirmed & Reversed In Part, VIII-2237.
Informed Consent In the Context of Sale of Ancillary Products Examined, VIII-2238.
Responsible Insurance Duties of a Trainee is Not Defined By Statute or Rule, VIII-2239.
There Is An Absolute Bar Against Representing An Unauthorized Insurer, VIII-2240.
License — Bail Bond Company —
Discipline For Alleged Failure to Pay An Agent Build-Up Funds Over Contrary DOAH Recommendation Reversed, VIII-2241.
Licensure — Agent —
DOAH Nonfinal Order Recommending Licensure By Default Quashed, VIII-2242.
Office of Insurance Regulation —
Rulemaking Authority —
Cannot Be Delegated By the Financial Services Comm., VIII-2243.
Language of Any Proposed Rule Must Be Approved By the Financial Services Comm., VIII-2244.
Resides Exclusively In Financial Services Comm., VIII-2245.
Workers’ Compensation —
Div. Penalty Against Employer For Failure to Provide Coverage Reversed In Part, VIII-2246.
Failure of An Employee to Provide Business Records — Missing Payroll Must Be Imputed, VIII-2247.
Stop-Work & Penalty Assessment Orders ($22,200) For Failure to Provide Coverage For Employees Affirmed, VIII-2248.
Volunteers Are Specifically Excluded From the Definition of An Employee, VIII-2249.


120 Is Applicable to Comm. When Acting Pursuant to Statutory Authority, VIII-2250.
120 Is Inapplicable to the Comm. When Acting Pursuant to Constitutional Authority, VIII-2251.
Circuit Court Summary Judgment Upholding Comm. Rules Criminalizing Use of Nets With Over 2″ Mesh Affirmed, VIII-2252.
Jurisdiction —
Rules or Allegedly Unpromulgated Rules Pursuant to Constitutional Authority —
Not Subject to Rule Variance or Waiver, VIII-2253.
Marine Patrol —
Comm. Fine & License Suspension Following Additional Criminal Sanctions Found Not to Constitute Double Jeopardy, VIII-2254.
Stop & Seizure For Allegedly Fishing An Illegal Net —
Circuit Court Finding of a Violation — Citation Reversed & Remanded Due to Use of Improper Methodology For Measuring the Net, VIII-2255.
Permit (See Also PERMITS) —
Comm. Not Authorized to Preempt Local Ordinances Regulating Speed, VIII-2256.
Comm. Promotes Safe Boating and Boating Safety Education, VIII-2257.
Delegation of All FWCC Duties to Executive Director Found Unauthorized, VIII-2258.
Gopher Tortoise Relocation — Amendment —
Third Party Challenge Dismissed As Untimely & For Lack of Standing, VIII-2259.
Gopher Tortoise Relocation —
Third Party Challenge to Issuance of Permit Denied, VIII-2260.
Possession of Wildlife For Exhibit or Public Sale —
Emergency Restriction — Unsafe or Unsanitary Conditions — Child & Others Bitten By a Cougar, VIII-2261.
Improper Handling — Public Is Bitten Repeatedly, VIII-2262.
Waterway Marker —
Placement of Regulatory Markers In Naples Bay — Slow-Speed Zone —
Third Party Challenge (See Also PRACTICE & PROCEDURE), VIII-2263.
Scope of FWCC Review of City of Naples Designation of “Slow Speed Zone” Found to Go Beyond Whether Placement of Marker Affected Navigation, VIII-2264.
Rule Variance or Waiver —
Manatee Protection Boat Speed Zone —
Broward County — Emergency Petition Denied, VIII-2265.
Dade County — Emergency — High Speed Movie Chase Scene — Granted, VIII-2266.
Dade County — Emergency — Television Show — Temporary — Granted, VIII-2267.
Dade County — Emergency Petition Denied, VIII-2268.
Prohibition On Use of Lampara Net When Commercially Harvesting Ballyhoo In August, VIII-2269.
Requirement That Any Person Convicted of a Reportable Boating Infraction Take An Approved Safety Course — Granted, VIII-2270.


Teacher Electing to Participate In the DROP Program Denied Certain Compensation,Was Not Permitted to Teach & Was Denied Attorney’s Fees —
Affirmed & Reversed In Part With Direction That DOAH Consider 57.105(5) Claim For Attorney’s Fees, VIII-2271.


Expulsion of Student For Cheating, Plagiarism & Dishonesty —
Due Process Challenge to the Hearing Rejected, VIII-2272.