AHCA Has Authority to Collect Data Necessary to Carry Out Its Duties —
Reporting of Surgical Infection Prevention (SIP) Measures At Hospitals, VIII-2273.
Appellate Order On Renewal Joint Motion to Vacate Final Order: Aetna Health, Inc. v. 21st Century Oncology —
Appeal Dismissed/Remand With Instructions to Vacate Final Order, VIII-2274.
Certificate of Need (CON) (See Also CERTIFICATE OF NEED (CON)) —
Appellate Review (See Also APPELLATE REVIEW) —
AHCA CON Order “Will Be Accorded the Same Degree of Deference” Accorded Other Agencies — 408.039(6)(b) Does Not Bestow Greater Deference, VIII-2275.
Hospice —
Dept. Establishment of Fixed Need Pool & Grant of CON Affirmed, VIII-2276.
Hospital —
Acute Care — Relocation of Beds to a Satellite Facility, VIII-2277.
Acute Care, VIII-2278.
DOAH ALJ Denial of Motion For Disqualification Due to Conflict of Interest — Writ of Prohibition Granted, VIII-2279.
Open-Heart Surgical Unit — 2004 Statutory Amendment Granting Competitor a CON In Polk County — Circuit Court Finding of Constitutionality Affirmed, VIII-2280.
Open-Heart Surgical Unit — Adult Interventional Cardiology Services Found Subsumed Within Definition of, VIII-2281.
Intervenor (See Also PRACTICE & PROCEDURE, Intervenors) —
Standing — There Is No Constitutional Right to Challenge a Competitor’s CON Application, VIII-2282.
Medicaid (See MEDICAID)
Need —
Acute Care Hospital — CON No Longer Required to Increase the Number of Beds — Need Not Considered, VIII-2283.
Not Normal Exception — Phrase of Art Under CON Law, VIII-2284.
Contracts (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Health Dispute Resolution — 408.7057 —
Court Finds 408.7057 Process to Be Inadequate In Case At Bar, VIII-2285.
Due Process Protections Found Inapplicable to This Voluntary Process of Arbitration, VIII-2286.
Legal Conclusions By Undisclosed Professionals Have No Precedential Value, VIII-2287.
Reimbursement Rates For Emergency Medical Care Provided By Hospital to Health Maintenance Organization (HMO) —
AHCA Final Orders Upholding a Voluntary Arbitration Decision Affirmed, VIII-2288.
Healthcare Reimbursement Dispute — Provider & Insurer —
440.13(7)(b) Is a Statute of Nonclaim — Not a Statute of Limitation — Time Limit Is Mandatory, VIII-2289.
Petition Dismissed As Moot Due to Untimely Response, VIII-2290.
License —
Adult Family Care Home —
Failure of Operator to Reside In the Home, VIII-2291.
Assisted Living Facility (ALF) —
Failure to Document Staff As Free of Communicable Disease, VIII-2292.
Failure to Ensure That An Employee Timely Obtains a TB Test, VIII-2293.
Failure to Ensure That Residents Were Free From Abuse & Neglect, VIII-2294.
Failure to Ensure That Residents Were Free to Transfer, VIII-2295.
Failure to Keep Requisite Medical Records, VIII-2296.
Failure to Maintain Requisite Written Records, VIII-2297.
Failure to Notify Residents of Transfer or Termination, VIII-2298.
Failure to Pay Outstanding Fines & Survey Fees, VIII-2299.
Failure to Perform Requisite Health Assessments, VIII-2300.
Failure to Properly Restrain Residents, VIII-2301.
Failure to Provide Proper Care For Residents, VIII-2302.
Failure to Provide Requisite Health Care, VIII-2303.
Fine Found to Be Mandatory Notwithstanding Correction of the Violation, VIII-2304.
Inappropriate Retention of Resident With Acute Problems, VIII-2305.
Renewal — Extended Congregate Care — AHCA Belated Denial Due to Previous Violations Reversed, VIII-2306.
Transfer of Resident’s Prescription Medication From One Storage Container to Another, VIII-2307.
Transfer of Residents Discussed, VIII-2308.
Unlicensed Staff Administered Medications, VIII-2309.
Unlicensed Staff Performed Blood Glucose Monitoring, VIII-2310.
Unsafe & Unsanitary Conditions, VIII-2311.
Midwife —
Failure to Notify Patient Regarding Lack of Malpractice Insurance, VIII-2312.
Failure to Properly Refer Patient to a Physician, VIII-2313.
Nursing Home —
AHCA Appears to Be Required By 400.23(7)(c) to Place Extraordinary Reliance On Hearsay Evidence In Its Survey Report, VIII-2314.
Absence of Actual Harm to Resident Is Not Dispositive, VIII-2315.
Abuse of Residents — Isolated Incident — Adequate Procedures, VIII-2316.
Abuse of Residents — Physical, VIII-2317.
Accident — Facility Is Not Absolutely Liable For, VIII-2318.
Amended Final Order: Harbour Health Center v. AHCA, VIII-2319.
Ant Attack On Bed-Ridden Patient, VIII-2320.
Challenge to Conditional Rating, VIII-2321.
Class I Deficiencies — Defined & Discussed, VIII-2322.
Class I, II, III & IV Deficiencies — Defined & Discussed, VIII-2323.
Class II Deficiencies — Defined & Discussed, VIII-2324.
Class II Deficiencies — Isolated Incident of Deficient Care Found to Constitute, VIII-2325.
Class III Deficiency Citation — AHCA Denial of Hearing to Challenge On Basis That Its Action Was Merely Preliminary Reversed, VIII-2326.
Classification of Deficiencies — AHCA Has the Burden of Proof By Clear & Convincing Evidence, VIII-2327.
Classification of Deficiencies — AHCA Has the Burden of Proof By a Preponderance of the Evidence, VIII-2328.
Classification of Deficiencies — Isolated, Patterned and Widespread Deficiencies Defined & Discussed, VIII-2329.
Conditional Rating — AHCA Has the Burden of Proof By a Preponderance of the Evidence, VIII-2330.
Conditional Rating — Affects Substantial Interest Even If For a Limited Time Which Has Passed, VIII-2331.
Conditional Rating — Challenge to, VIII-2332.
Conditional Rating — Class I or Class II Deficiencies or Uncorrected Class III Deficiencies, VIII-2333.
Conditional Rating — Continues Until a Facility Is Re-Evaluated & Deficiencies Are Found to Have Been Corrected, VIII-2334.
Discharge of Resident (Veteran) From Due to Alleged Sexual Misconduct — Failure to Give Thirty (30) Days Notice Found Unlawful — Affirmed, VIII-2335.
Failure to Administer Prescribed Legend Drug, VIII-2336.
Failure to Ensure That a Resident’s Environment Was Free From Hazards, VIII-2337.
Failure to Keep Requisite Written Records, VIII-2338.
Failure to Maintain Well-Being of Residents, VIII-2339.
Failure to Pay Survey Fee, VIII-2340.
Failure to Prevent Abuse, VIII-2341.
Failure to Prevent Accidents, VIII-2342.
Failure to Prevent Pressure Sores, VIII-2343.
Failure to Prevent Repeated Falls, VIII-2344.
Failure to Prevent Resident From Leaving the Facility, VIII-2345.
Failure to Properly Administer the Facility, VIII-2346.
Failure to Properly Assess Residents, VIII-2347.
Failure to Properly Evaluate Medical Needs of Clients, VIII-2348.
Failure to Provide Requisite Medical Care, VIII-2349.
Failure to Provide Requisite Nutrition — AHCA Dismissal of Petition As Defective Reversed, VIII-2350.
Failure to Report Possible Incident of Abuse or Neglect, VIII-2351.
Failure to Undertake Discharge Planning, VIII-2352.
Foreseeability Must Be Shown In Order to Find Facility Responsible, VIII-2353.
Inadequate Supervision — Ant Bites, VIII-2354.
Inadequate Supervision — Determination of An Adequate Level of Supervision — Examined, 27:3501-3512.
Inadequate Supervision, VIII-2355.
Isolated Deficiency — Classification of, VIII-2356.
Isolated Deficiency — Defined & Discussed, VIII-2357.
Neglect — Single Incident Can Be Actionable, VIII-2358.
Patterned Deficiency — Defined & Discussed, VIII-2359.
Pest Control — Ants — Strict Liability Not Imposed, VIII-2360.
Strict Liability For Harm to Residents Found Not Imposed, VIII-2361.
Substantial Compliance — Concept of Explored, VIII-2362.
Survey Form — AHCA Is Without Authority to Alter, VIII-2363.
Unacceptable Level of Care, VIII-2364.
Unsafe & Unsanitary Facility — Ant Bites, VIII-2365.
Unsafe & Unsanitary Facility — Hot Water At 140 Degrees, VIII-2366.
Licensure —
Hospice —
Granted Pursuant to Change of Ownership Rule, VIII-2367.
Medicaid (See MEDICAID)
Medical Authorization — Child With Brain Damage From Near Drowning —
Hyperbaric Oxygen Treatment Found Not to Be An Effective Medically Necessary Treatment, VIII-2368.
Medical Authorization — Workers’ Compensation —
Disallowance of Payment For Services — Carrier Challenge Found Untimely Therefore Waived, VIII-2369.
Disallowance of Payment For Services — Petition Found to Be Invalid, VIII-2370.
Reimbursement Disputes Found Subject to 120, VIII-2371.
Petition For Formal Hearing —
Letter Found Not to Constitute An Appealable Order, VIII-2372.
Petition to Reopen Case Denied, VIII-2373.
Provider Dispute Resolution —
440.13(7)(b) Is a Nonclaim Statute Not a Statute of Limitations —
Untimely Claim Cannot Be Considered, VIII-2374.
Public Medical Assistance Trust Fund —
Hospital Challenge to Dept. Construction of 2000 Statutory Amendment Regarding Assessment Rates —
Dept. Reversed — Invoice Methodology Utilized to Effectuate Legislative Intent For “Immediate Effect”, VIII-2375.
Workers’ Compensation Reimbursement Dispute Between Carrier & Hospital —
Hospital Petition For Resolution of Reimbursement Dispute Dismissed As Untimely, VIII-2376.



AIDS Drug Assistance Program (ADAP) —
Applicant Has the Burden of Proof, VIII-2377.
Denial of Drug Assistance Due to Excess Net Worth — Partner Earnings, VIII-2378.
Denial of Drug Assistance Due to Excess Net Worth & Income, VIII-2379.
Each Approved Recipient’s Eligibility Is Periodically Reviewed On a Six (6) Month Cycle, VIII-2380.
Petition Denied For Failure to Meet Eligibility Criteria, VIII-2381.
Ryan White Title II Consortia Program —
Mechanics & Purpose of Examined, VIII-2382.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
120.595 —
Denied, VIII-2383.
Brain & Spinal Cord Injury Program —
Brain or Spinal Cord Injury Defined, VIII-2384.
Eligibility of Undocumented Illegal Immigrants, VIII-2385.
External Trauma Defined, VIII-2386.
Petitioner Determined to Be Ineligible, VIII-2387.
Purpose of Program Examined, VIII-2388.
Reintegration Into the Community Status Found Attained, VIII-2389.
Bureau of WIC & Child Nutrition Services —
Accurate Record Keeping Found to Be Paramount, VIII-2390.
Alleged Overcharging — Case Remanded For a Live Hearing, VIII-2391.
Alleged Overcharging — Disqualification From Program Due to Pattern of Excessive Claims, VIII-2392.
Alleged Overcharging — Inadequate Records — Vendor Disqualified, VIII-2393.
Alleged Overcharging — Recalculation of Ordered, VIII-2394.
Alleged Overcharging — Recoupment Not Ordered As to Overpayments Resulting From a Misunderstanding of Federal Regulations, VIII-2395.
Alleged Overcharging — Recoupment of Overpayment, VIII-2396.
Alleged Overcharging — Vendor Disqualified, VIII-2397.
Application For Participation Denied — Directors Disqualified —
False Statements On Application — Failure to Submit Satisfactory Corrective Action Plan, VIII-2398.
Bureau Has the Burden of Proof By a Preponderance of the Evidence, VIII-2399.
Bureau Oversight Is Remedial – Not Penal — Proof Is Therefore By a Preponderance of the Evidence, VIII-2400.
Corrected Final Order: Kids Zone U.S.A., Inc. et al. v. Bureau of Child Nutrition, VIII-2401.
Dept. Authority to Impose Record-Keeping Requirement Found to Be Beyond Question, VIII-2402.
Dept. Burden of Proof Is By a Preponderance of the Evidence, VIII-2403.
Dept. Cannot Consider Contract Disputes — Challenge Dismissed, VIII-2404.
Dept. Determination That Vendor Disqualification Would Result In Inadequate Participant Access Mandates Civil Monetary Penalty Instead, VIII-2405.
Disqualification of Applicant Must Be Based On Certain Serious Deficiencies Only, VIII-2406.
Distinction Between “Sell By” vs. “Best If Used By or Sold By” Dates Examined, VIII-2407.
Failure to Keep Requisite Written Records, VIII-2408.
Failure to Maintain Financial Viability, VIII-2409.
Failure to Maintain Minimum Inventory of WIC Foods, VIII-2410.
Failure to Maintain Properly Trained Staff, VIII-2411.
Failure to Maintain Required Minimum Inventory, VIII-2412.
Failure to Provide Fresh & Wholesome Nonexpired Foods, VIII-2413.
Failure to Record Amounts of Purchases On WIC Checks, VIII-2414.
Failure to Record the Amount of Purchase On Food Check Before Signed By the WIC Participant, VIII-2415.
Imposition of a Fine In Lieu of Disqualification Examined, VIII-2416.
Live Evidentiary Hearing Found Not Required In Disputed Case, VIII-2417.
Live Evidentiary Hearing Found Required In Disputed Case, VIII-2418.
Petition Challenging Disqualification of WIC Vendor Dismissed, VIII-2419.
Petitioners Must Be Given the Opportunity to Submit a Corrective Action Plan, VIII-2420.
Potential For Fraud & Abuse Found to Be Very Significant, VIII-2421.
State Is Obligated to Administer Its Program In Conformity With Federal Law, VIII-2422.
Two (2) Categories of Sanctions Examined, VIII-2423.
Vendor Contract Is Neither a License Nor a Property Interest, VIII-2424.
Vendor Has the Burden of Proof By a Preponderance of the Evidence, VIII-2425.
Violation of Financial Performance Standards, VIII-2426.
Child Nutrition Program —
Application Denied — Responsible Principal or Individual Disqualified, VIII-2427.
Bureau Action Must Be Supported By Competent Substantial Evidence, VIII-2428.
Bureau Has the Burden of Proof By a Preponderance of the Evidence, VIII-2429.
Child Care Facility — Renewal Application Denied/Vendor Disqualified/Additional Reimbursement Allowed, VIII-2430.
Failure to Keep Requisite Written Records, VIII-2431.
Failure to Submit a Corrective Action Plan, VIII-2432.
Preschool — Challenge to Termination of Contract Upheld, VIII-2433.
Preschool — Termination of Contract Upheld, VIII-2434.
Preschool — Termination of Contract Upheld — Placement On the Disqualification List, VIII-2435.
Clean Indoor Air Act —
Declaratory Statement (See DECLARATORY STATEMENTS)
Enclosed Indoor Workplace Defined & Discussed, VIII-2436.
Continuing Education Provider —
Bd. Authority to Regulate Providers Found Lacking, VIII-2437.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Employee —
Recoupment of Salary Overpayment — Ordered, VIII-2438.
Investigative Subpoena —
Dept. Has Access to Hospital Peer Review Records For Purposes of Administrative Discipline, VIII-2439.
Physician’s Motion to Quash Subpoena Directed to Hospital — Denied, VIII-2440.
License —
Electrolysis Council —
Laser Skin Treatments of Spider Veins or Pigmentation of the Skin Is Beyond the Scope of, VIII-2441.
Emergency Suspension — Fraudulent Conduct, VIII-2442.
Operating Beyond Scope of License, VIII-2443.
Operating a Facility Without Requisite Permit, VIII-2444.
Operating a Facility Without Requisite Physician Supervision, VIII-2445.
Unacceptable Level of Care, VIII-2446.
Emergency Medical Technician —
Criminal Plea — Filing False Insurance Claims, VIII-2447.
Fraudulent Conduct, VIII-2448.
Unprofessional Conduct, VIII-2449.
Paramedic —
Criminal Plea — Filing False Insurance Claims, VIII-2450.
Fraudulent Conduct, VIII-2451.
Permanent Revocation Is Not Authorized, VIII-2452.
Positive Drug Screen, VIII-2453.
Stealing Public Property, VIII-2454.
Unprofessional Conduct, VIII-2455.
Prescription Drug Wholesaler —
Fraudulent Conduct, VIII-2456.
Legend Drug Defined, VIII-2457.
Purchase of Contraband Drugs, VIII-2458.
Purchase of Legend Drugs From An Unauthorized Source, VIII-2459.
Sale of Legend Drugs to Unauthorized Persons, VIII-2460.
Septic Tank Contractor —
Abandonment, VIII-2461.
Creation of a Sanitary Nuisance, VIII-2462.
Failure to Call For An Inspection After Conducting Repairs, VIII-2463.
Failure to Call For Requisite Inspection, VIII-2464.
Failure to Obtain a Permit Prior to Conducting Repairs, VIII-2465.
Failure to Satisfy Minimum Quality Standards Applicable to Repairs, VIII-2466.
Incorrect Site Plan, VIII-2467.
Performing Repairs Without a Permit, VIII-2468.
Repair of Drain Field Without Requisite Permit, VIII-2469.
Unacceptable Level of Care, VIII-2470.
Violation of Dept. Order, VIII-2471.
Violation of Rules, VIII-2472.
License — Medical Quality Assurance Bd. —
Unlicensed Activity —
Enforcement Action Is the Domain of the Dept. of Health – Not the Appurtenant Bd., VIII-2473.
Licensure —
Electrolysis Council —
Exam — Application — Alcoholism — Temporary License Reactivated/Certification For Exam Approved, VIII-2474.
Emergency Medical Technician —
Challenge to Validity of the Exam Rejected, VIII-2475.
Criminal Charge — Possession of An Unlawful Driver’s License, VIII-2476.
Criminal Conviction — Possession of a Controlled Substance: Anabolic Steroid, VIII-2477.
Failure to Pass Licensure Exam Within One (1) Year of Course Completion, VIII-2478.
Septic Tank Contractor —
Creation of a Sanitary Nuisance, VIII-2479.
Failure to Properly Treat or Dispose of Septage, VIII-2480.
X-Ray Technician —
Petition Challenging Denial of Application Dismissed As Deficient, VIII-2481.
Medical Quality Assurance Bd. Disciplinary Actions —
Department Is Obligated to Assess All Costs Including Salaries & Benefits of Personnel, VIII-2482.
Probable Cause Panel (See PRACTICE & PROCEDURE)
Permit (See Also PERMITS) —
Dental Laboratory — Emergency Suspension —
Aiding Unlicensed Practice of Dentistry, VIII-2483.
Unsafe & Unsanitary Facility, VIII-2484.
Migrant Housing —
Operating Without a Permit, VIII-2485.
Plasma — Derivative Pharmaceuticals Distributor — Emergency Suspension —
Criminal Charges (Conspiracy, Racketeering, Mail & Wire Fraud and Money Laundering) — Order Found to Lack Allegations of Immediate Harm & Reversed, VIII-2486.
Public Swimming Pool (See Also Rule Variance 0r Waiver) —
Challenge to Action Characterized As An Order to Cease Operation of Public Swimming Pool — Petition For Hearing Dismissed As Premature, VIII-2487.
Rule Variance or Waiver (See Rule Variance or Waiver)
Septic Tank (See PERMITS, Septic Tank)
Sewage Treatment Unit — Aerobic —
Operating Without a Permit, VIII-2488.
Rule Variance or Waiver —
Church — Expansion — Application For Reapproval Denied, VIII-2489.
Public Swimming Pool — Minimum Deck Size Requirement, VIII-2490.
Public Swimming Pool — Tile Mosaic Installed On Bottom of Pool, VIII-2491.
Septic Tank — Variance — Use of 32″ of Saturated Soil In Mound System — Denied, VIII-2492.
Supplemental Nutrition Program For Women, Infants & Children —
Inventory Violations — Disqualification As a Vendor, VIII-2493.
Vital Statistics —
Birth Certificate — Petition to Delete the Surname & Replace With Sheets of Musical Notes Denied, VIII-2494.


License —
Stipulation Rejected/Complaint Dismissed, VIII-2495.


Circuit Court Rejection of Special Service Charge For Public Records Request Affirmed & Reversed In Part, VIII-2496.


Appellate Order On Motion For Rehearing: Freeman v. Highway Safety & Motor Vehicles, VIII-2497.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Driver’s Hardship License —
322.271(4) Elimination of After Four (4) DUI Convictions Upheld By the Supreme Court Against Constitutional Challenge, VIII-2498.
Driver’s License Suspension —
Circuit Court Award of Attorney’s Fees & Costs to Exonerated DUI Driver Reversed —
Failure to State a Basis For the Award Other Than Citation to Fla. R. App. Pro 9.400, VIII-2499.
Circuit Court Per Curiam Reversal Vacated — A Reasoned Opinion Must Accompany An Appellate Reversal, VIII-2500.
DUI Statute —
322.271(4) (2004) Found to Prohibit Reinstatement of Any Kind — Circuit Court Summary Judgment Reversed, VIII-2501.
322.271(4) — Supreme Court Upholds Permanent Revocation After Four (4) DUI Convictions As Not An Ex Post Facto Law, VIII-2502.
Circuit Court Grant of Writ of Prohibition Disqualifying All Dept. Nonlawyers From Serving As Hearing Officers Reversed, VIII-2503.
Dept. Refusal of Request For Reinstatement After 4th Conviction — Single Subject Violation of 322.271(4) Found Cured By 2003 Reenactment, VIII-2504.
Is to Be Liberally Construed, VIII-2505.
Drivers License Is a Priviledge — Revocation Is a Civil Not Criminal Punishment Intended to Protect the Public, VIII-2506.
Refusal to Submit to “Full Face” Photograph — Muslim Female Wearing a Veil —
Circuit Court Order Affirming Dept. Supervision of License Affirmed, VIII-2507.
First Amendment Challenge to (See CONSTITUTION (U.S.))
Motor Vehicle Dealer Franchise —
Adequate Representation — Determination of, VIII-2508.
Extension For Completion of Construction of Dealership Granted, VIII-2509.
Extension of Time to Commence & Complete Construction Granted, VIII-2510.
Failure to Display a Consumer Sales Window Form, VIII-2511.
Failure to Have Proper Proof of Ownership, VIII-2512.
Failure to Keep Requisite Written Records, VIII-2513.
Intervenor Protest —
Standing Requirements Examined, VIII-2514.
Motor Vehicle Dealer — Intervenor Protest, VIII-2515.
Motorcycle — Dealer — Protest, VIII-2516.
Motorcycle — Included In the Definition of “Motor Vehicle”, VIII-2517.
Motorcycle — Scooters Considered to Be If Engine Exceeds 50 Cubic Centimeters, VIII-2518.
Petition For Hearing Dismissed As Untimely, VIII-2519.
Protestant Has the Burden of Proof By a Preponderance of the Evidence, VIII-2520.
Relocation of Existing Dealer —
Applicant Is Not Statutorily-Required to Prove Absence of Financial Impact On Protestant, VIII-2521.
Burden of Proof — Petitioner, VIII-2522.
Eleven (11) Factor Test, VIII-2523.
Exemption From Protest, VIII-2524.
Impacts Discussed, VIII-2525.
Sale of Rebuilt Vehicles Without Proper Disclosure, VIII-2526.
Termination of Franchise Agreement —
Burden of Proof — Manufacturer, VIII-2527.
Deceptive or Fraudulent Practices, VIII-2528.
Failure to Effectively & Actively Promote Sales, VIII-2529.
Failure to Timely File Application For Certificate of Title, VIII-2530.
False Advertising, VIII-2531.
Grounds Relied Upon Must Be Uniform & Consistent, VIII-2532.
Impairment of Reputation or Financial Standing, VIII-2533.
Methodology For Evaluating Dealer’s Sales Performance, VIII-2534.
Standard Governing Discussed, VIII-2535.
Unqualified Management, VIII-2536.
Transfer of Equity Interest —
Cannot Be Utilized to Defeat Cancellation of Dealership Due to Poor Sales, VIII-2537.
Manufacturer Protest — Manufacturer Has the Burden of Proof By a Preponderance of the Evidence, VIII-2538.
Voluntary Relinquishment of License Vacated/Corporate Update Ordered, VIII-2539.
Rule Variance or Waiver —
Driver’s License — Prohibition On Reinstatement In Special Supervision Services After Current Substance Abuse — Denied, VIII-2540.


Appellate Review (See Also APPELLATE REVIEW) —
Comm. Dismissal of Claims of Sexual Harassment, Retaliatory Discharge & Unlawful Discharge Affirmed, VIII-2541.


Company —
Failure to Cooperate With An Agency Investigation Is Now a Crime, VIII-2542.
Federal Preemption Is Substantially Relinquished —
McCarran-Ferguson Act Examined, VIII-2543.
Three (3) Part Test For Applicability of the McCarran-Ferguson Act Examined, VIII-2544.
Immediate Final Order Suspending Certificate of Authority to Transact New Business —
Allstate’s Failure to Comply With Dept. Subpoena For Production of Documents — Affirmed, VIII-2545.
Life Insurance —
Dept. Denies Application to Include a Mandatory Binding Arbitration Agreement Within a Contract — Affirmed, VIII-2546.
Order On Motion For Rehearing, Rehearing En Banc & Certification: Allstate Floridian Insurance Co., et al. v. Office of Insurance Regulation, VIII-2547.
Dept. of Insurance No Longer Exists, VIII-2548.
Fla. Windstorm Underwriting Assoc. —
Exemption From Requirement For Public Notice & Hearings Before Rate Increase, VIII-2549.
Long Term Care Provider —
Failure to Submit Annual Rate Certification Filing —
Denial of Petition For Hearing to Challenge a Cease & Desist Order Reversed, VIII-2550.



Jurisdiction —
Management of the State’s Sovereign Submerged Lands, VIII-2551.
None to Consider Disputes Regarding Ownership of Submerged Lands, VIII-2552.
Sovereign Submerged Land —
Applicant — Burden of Proof In a Contested Proceeding — Examined, VIII-2553.
Consent of Use —
Applicant Must Demonstrate Satisfactory Evidence of Sufficient Upland Interest, VIII-2554.
Aquatic Preserves — Consideration of Cumulative Impacts, VIII-2555.
Aquatic Preserves, VIII-2556.
Beach Renourishment — 161.191 Found to Unconstitutionally Deprive Upland Landowners of Riparian Rights, VIII-2557.
Beach Renourishment — City or County Are Proper Applicants & Need Not Be Riparian Landowners, VIII-2558.
Beach Renourishment — Establishment of An Erosion Control Line, VIII-2559.
Beach Renourishment — Has Been Declared to Be In the Public Interest By the Fla. Legislative, VIII-2560.
Beach Renourishment — Title to Newly Created Beach Vests In the State, VIII-2561.
Beach Renourishment — Walton County, VIII-2562.
Cannot Be Granted Unless the Appurtenant Regulatory Permit Is Granted, VIII-2563.
Challenge to Legal Description of Waterward Boundary Line Dismissed For Lack of Jurisdiction, VIII-2564.
Channel — Maintenance Dredging, VIII-2565.
Commercial Shipyard Expansion, VIII-2566.
Deadhead Logging, VIII-2567.
Dock — Addition — Residential, VIII-2568.
Dock — DEP Has Authority to Limit the Draft of Vessels Moored In An Aquatic Preserve, VIII-2569.
Dock — Residential, VIII-2570.
Letter of Consent Defined, VIII-2571.
Marina — Managed Mooring Field, VIII-2572.
Pipeline to Convey Treated Paper Mill Effluent to the Gulf of Mexico, VIII-2573.
Public Interest Test Examined, VIII-2574.
Retaining Wall & Riprap, VIII-2575.
Riparian Rights — Obstruction of View, VIII-2576.
Riparian Rights — Third Party Intervenors/Adjacent Property Owners, VIII-2577.
Riparian Rights — Surveyed, VIII-2578.
Dredge & Fill Without a Permit — Consolidated Permit — Bd. Declines to Assume Jurisdiction, VIII-2579.
Landward Boundary of Examined, VIII-2580.


Abuse Registry Report (See Also CHILDREN & FAMILIES, Dept. of; PERSONS WITH DISABILITIES, Agency For (APD)) —
Exemption From Disqualification —
Applicant Has the Burden of Proof By Clear & Convincing Evidence, VIII-2581.
Criminal Charges — Aggravated Assault & Cocaine Possession, VIII-2582.
Criminal Charges — Aggravated Battery of a Law Enforcement Officer/Trafficking In Hydrocodone/Possession of Crack Cocaine, VIII-2583.
Criminal Charges — Cruelty Toward Child — Aggravated Child Abuse, VIII-2584.
Criminal Charges — Possession of Cocaine, VIII-2585.
Criminal Charges — Resisting Officer With Violence, VIII-2586.
Criminal Charges — Sexual Assault & Criminal Attempt, VIII-2587.
Criminal Conviction — Aggravated Battery On a Pregnant Woman, VIII-2588.
Criminal Conviction — Aggravated Battery/Armed Robbery, VIII-2589.
Criminal Conviction — Burglary & Stealing, VIII-2590.
Criminal Conviction — Cocaine — Crack — Possession With Intent to Distribute, VIII-2591.
Criminal Conviction — Domestic Violence, VIII-2592.
Criminal Conviction — Domestic Violence/Possession of Controlled Substances, VIII-2593.
Criminal Conviction — Disorderly Person/Obscene Conduct In Public, VIII-2594.
Criminal Conviction — Grand Larceny, VIII-2595.
Criminal Conviction — Possession/Failure to Appear, VIII-2596.
Criminal Conviction — Simple Battery (When a Minor), VIII-2597.
Criminal Plea — Aggravated Assault With a Firearm/Carrying a Concealed Weapon, VIII-2598.
Criminal Plea — Aggravated Assault With a Firearm, VIII-2599.
Criminal Plea — Domestic Violence, VIII-2600.
Criminal Plea — Grand Larceny/Robbery, VIII-2601.
Criminal Plea — Grand Theft, VIII-2602.
Criminal Plea — Lewd & Lascivious Assault On a Child, VIII-2603.
Criminal Plea — Prostitution, VIII-2604.
Denied, VIII-2605.
Drug Addiction, VIII-2606.
Failure to Appear At Hearing, VIII-2607.
Granted, VIII-2608.
Lack of Remorse, VIII-2609.
Rehabilitation — Proof of, VIII-2610.
Contract (See CONTRACTS (Bids/Protests))
Employee —
Recoupment of Salary Overpayment, VIII-2611.
Secure Juvenile Detention Care —
Hillsborough County Challenges Assessments For 2005-2006 & 2007-2008 — Revised Assessments Approved, VIII-2612.