Declaratory Statement (See DECLARATORY STATEMENTS)
Emergency Suspension —
Criminal Plea — Obtaining a Controlled Substance By Fraud, IX-1.
Positive Drug Screen — Amphetamines, Oxymorphone & Oxycodone, IX-2.
Refusal to Submit to Drug Screen or Evaluation, IX-3.
Comprehensive Plan — Local (See Also COMMUNITY AFFAIRS, Dept. of) —
Amendment — Local Government Justification of Examined, IX-4.
Amendment — Must Be Consistent With Other Elements of the Plan, IX-5.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
163.3184(2) — Denied, IX-6.
Comm. Has No Jurisdiction Over DOAH Rulings Regarding, IX-7.
Comm. Must Rely On the Record Developed Before DOAH, IX-8.
Citrus County —
Intervenor Challenge to Small Scale Amendment, IX-9.
Motion to Tax Costs Granted After Appellate Remand, IX-10.
City of St. Petersburg —
Intervenor Challenge to Amendment, IX-11.
Comm. Must Rely On the Record Developed At DOAH, IX-12.
DOAH Recommended Order (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Comm. Cannot Make Additional Findings, IX-13.
Comm. Is Not Bound By Dept. of Community Affairs Legal Positions, IX-14.
Comm. Must Rely On the Record Developed At DOAH, IX-15.
Comm. Rejection of Conclusions of Law, IX-16.
Comm. Rules On Exceptions, IX-17.
Exceptions — Admin. Comm. Rules On But Dept. of Comm. Aff. Submits “Recommended Rulings,” 1370-1371.
Proposed Remedial Actions Will Be Considered, IX-18.
Scope of Comm. Review Is Limited, IX-19.
Dade County —
Intervenor Challenge to Amendment — Noncompliance Determination Affirmed, IX-20.
Intervenor Challenge to Amendment, IX-21.
Intervenor Challenge to Amendment, IX-22.
Establishes a Range of Permissible Uses, IX-23.
Future Land Use Map —
Maximum Intensity or Density Can Be Considered, IX-24.
Must Be Supported By a Demonstration of Need, IX-25.
In Compliance —
Local Government’s Determination Presumed Correct, IX-27.
Internal Consistency —
Failure to Utilize Uniform Planning Timeframes Does Not Offend, IX-28.
Fairly Debatable Standard of Proof Applies, IX-29.
Found Lacking, IX-30.
Requirement For Examined, IX-31.
Affected Persons — Business Activities Discussed, IX-32.
Affected Persons — Defined, IX-33.
Association — 1000 Friends of Florida, IX-34.
Association — Requirements For, IX-35.
Burden of Proof — Fairly Debatable Due to Compliance Agreement With DCA, IX-36.
Burden of Proof — Not Even Fairly Debatable Standard, IX-37.
Burden of Proof — Preponderance of the Evidence, IX-38.
Hearing Process Is De Novo, IX-39.
Standing — Business — Operating Alone Is Insufficient — Substantial Local Nexus Is Required, IX-40.
Standing — Easement Holder Is Not a “Property Owner” Within the Meaning of 163.3184(1)(a), IX-41.
Comm. Orders Remedial Amendments, IX-42.
Marion County —
Intervenor Challenge to Amendment, IX-43.
Palm Beach County —
Intervenor Challenge to Amendment, IX-44.
Planning Horizon —
Evaluation & Appraisal Report Is Not the Only Time For Review, IX-45.
Foundation of Comprehensive Planning, IX-46.
Uniform Planning Timeframes Must Be Used Throughout the Plan, IX-47.
Remedial Amendments —
Dept. of Community Affairs Is the Appropriate Party to Suggest, IX-48.
Which Can Be Ordered Discussed, IX-49.
Requisite Data, Studies, etc. —
Any Acceptable Data Is Worthy of Consideration, IX-50.
State Comprehensive Plan —
Test For Consistency With, IX-51.
Urban Sprawl —
Amendment Found to Fail to Discourage, IX-52.
Rule 9J-5 Applies to Both Plans & Plan Amendments, IX-53.
Dept. of Community Affairs Order Determined to Be Final Despite Failure to Rule On Each Exception Individually, IX-54.
Petition For Exception to Uniform Rules of Procedure —
Children & Families — Evidence — Granted, IX-55.
Rule Variance or Waiver —
Monroe County — 20% ROGO Allocation Reduction, IX-56.
120.54(1)(a) Unpromulgated Rule Challenge —
Value Adjustment Bd. Consideration of Eighth Criterion Found In Property Tax Oversight Bulletin & VAB Training Material, IX-57.
120.56 Adopted Rule Challenge —
Exchange of Evidence With Value Adjustment Bd., IX-58.
Birth-Related Neurological Injury Compensation Plan (NICA) —
$100,000 Cap On Award Is For Both Parents Jointly – Not For Each Parent Individually, IX-59.
Amended Final Order Following Appellate Remand: Anderson v. NICA, IX-60.
Appellate Order On Remand From the Supreme Court: All Children’s Hospital, Inc., et al. v. DOAH, et al., IX-61.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE, Attorney’s Fees & Costs) —
Amount Determined — Methodology Examined, IX-62.
Available For Defense of Improper Attempt to Have DOAH ALJ “Clarify” 1995 & 1999 Final Orders In 2007, IX-63.
Awarded As An Element of Damages After a Settlement Agreement Was Breached, IX-64.
Costs — Pro Se Litigant — Recoverable Costs Examined, IX-66.
DOAH Has Exclusive Jurisdiction to Award — Court Cannot Award Unless the Award Is As An Element of Damages, IX-67.
Legal Research By An Attorney Not Making An Appearance For the Benefit of a Pro Se Litigant Is Not Recoverable, IX-68.
Time Expended Exploring Civil Remedies or Trying to Opt Out of the Plan Due to Notice Issues Is Not Recoverable, IX-69.
Award — $100,000 Cap On Applies to Total Claim Not Amount Parents Can Recover Individually, IX-70.
Bifurcation of Issues of Compensability & Amount of Compensation, IX-71.
Birth Weight (1,960 Grams) Found to Preclude Recovery, IX-72.
Birth-Related Injury —
Both Substantial Mental & Physical Impairment Is Required, IX-73.
Causation Requires Expert Testimony, IX-74.
Conjunctive Requirement For Both Mental & Physical Injury — Examined, IX-75.
DOAH Conclusions of Law Are Subject to De Novo Appellate Review, IX-76.
DOAH Factual Determinations Are Conclusive & Binding If Supported By Competent Substantial Evidence, IX-77.
Defined & Discussed, IX-78.
Determined On a Case-By-Case Basis, IX-79.
Expert Testimony Need Not Be Considered If Amounting to Conclusions of Law, IX-80.
Found Lacking, IX-82.
Found Lacking — Reversed, IX-83.
Four (4) Part Test For, IX-84.
Immediate Post-Delivery Period Defined & Discussed, IX-85.
Injury Found to Postdate the Immediate Postdelivery Period, IX-86.
Lay Testimony Alone Is Legally Insufficient, IX-87.
Medical Question Requiring Expert Testimony, IX-88.
Must Occur During the Statutory Period, IX-89.
Only a Limited Class of Catastrophic Injuries Are Compensable, IX-90.
Permanent & Substantial Mental or Physical Injury — Defined & Discussed, IX-91.
Rebuttable Presumption Regarding Examined, IX-92.
Rebuttable Presumptive Regarding Is Limited to Claimants – Not to Those Seeking to Sue In a Court of Law, IX-93.
Resuscitation & Immediate Are Important Qualifiers to Determining Compensability of a Claim, IX-94.
Resuscitation In the Immediate Post Delivery Period Is Undefined, IX-95.
Resuscitation In the Immediate Postdelivery Period Defined & Discussed, IX-96.
Burden of Proof —
Compensation of Parent —
766.31(1)(b)(1) Is Intended As No Fault Compensation – Not As Damages & Upheld As Constitutional, IX-98.
$100,000 Limit Applies to Both Parents Jointly – Not Individually, IX-99.
Lump Sum vs. Periodic Payments, IX-100.
Split of Compensation Between Mother & Father Discussed, IX-101.
DOAH Has Exclusive Jurisdiction —
Assertion of Exclusivity of the Plan Is An Affirmative Defense to Civil Suit, IX-102.
Cannot Entertain Constitutional Claim, IX-103.
Cannot Review Circuit Court Orders, IX-104.
Circuit Court Order Denying Immunity From Suit to Hospital On Basis That Attending Physician Was Not “Participating” Affirmed, IX-105.
DOAH ALJ Cannot “Clarify” Orders Entered In 1995 & 1999 In 2007, IX-106.
DOAH ALJ Cannot Delve Into Breaches of Settlement Agreements, IX-107.
DOAH ALJ Cannot Delve Into Issue of Immunity From Tort Liability, IX-108.
DOAH ALJ Cannot Refuse to Reach Issue of Compensability On Basis That a Claim Was Untimely, IX-109.
DOAH ALJ Is to Determine Whether An Injury Is Compensable & Any Amount of Compensation Due, IX-110.
DOAH Cannot Consider Constitutional Issues, IX-111.
DOAH Cannot Consider Willful & Wanton Exception to Plan Exclusivity, IX-112.
DOAH Cannot Resolve Issue As to Immunity From Civil Tort Liability Provided For In 766.303(2), IX-113.
DOAH Determination of Whether Notice of Participation In Plan Was Given, IX-114.
DOAH Must Consider All Questions of Compensability Including Adequacy of Notice, IX-115.
Effect of Acceptance of a Settlement In a Medical Malpractice Suit On Entitlement to Benefits, IX-116.
No Civil Action May Proceed Until DOAH Determination Is Made, IX-117.
Over Issues of Compensability & Notice — Circuit Court Has Jurisdiction Over Issue As to Immunity, IX-118.
Scope of — Examined, IX-119.
To Determine Issue of Compensability & Whether the Physician Was a Participating Physician, IX-120.
Mechanics of Plan Examined, IX-121.
Motion For Summary Judgment — Petitioner Failure to Respond to, IX-122.
Notification of NICA Limitation On Liability —
Condition Precedent to NICA Exclusivity, IX-123.
Notice — Alleged Deficiency — Burden of Proof, IX-124.
Notice — Both the Hospital & Participating Physician Must Provide Notice, IX-125.
Notice — Either the Hospital or the Physician Fails to Provide, IX-126.
Notice — Found Adequate, IX-127.
Notice — Found Not to Have Been Satisfied — Hospital, IX-128.
Notice — Found Not to Have Been Satisfied — Physician, IX-129.
Notice — Found to Have Been Satisfied — Physician, IX-130.
Notice — Hospital — Via Employees — Via Participating Physician, IX-131.
Notice — Hospital Failure to Provide — Effect on Participating Physician, IX-132.
Notice — Hospital Must Give Unless There Are No Participating Physicians on Staff, IX-133.
Notice — Of Participation In the Plan As a Requisite to Recovery, IX-134.
Notice — Only Relevant to the Defendant’s Assertion of NICA Exclusivity Where the Individual Attempts to Invoke Civil Remedy, IX-135.
Notice — Physician Provides — Hospital Does Not, IX-136.
Notice — Purpose of, IX-137.
Notice — Requirement Is Severable With Regard to Defendant Liability, IX-138.
Physician Gives Notice — Hospital Does Not, IX-139.
Prearranged Plan of Treatment — Test For — Need Not Be In Writing, IX-140.
Purpose of This Requirement — Examined, IX-141.
Order On Appellate Remand: Glenn et al. v. NICA, IX-142.
Participating Physician — Defined & Discussed, IX-143.
Participating Physician — Found, IX-144.
Participating Physician — Nurse Midwives — Two (2) Conditions For This Status, IX-145.
Presumption In Favor of Compensability Must Be Invoked Prior to Close of Evidentiary Proceeding, IX-146.
Presumption of Constitutionality Is Only Available to Claimants – Not Other Parties, IX-147.
Purpose of Plan — Examined, IX-148.
Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IX-149.
Time Limit For Filing a Claim — Violation of Bars NICA Remedy, IX-150.
Time Limit For Filing of Claim — Violation of Does Not Divest DOAH of Jurisdiction to Determine Compensability, IX-151.
Untimely Petition — Found Time Barred —
DOAH Nonetheless Must Determine Issues of Notice & Compensability So As to Fully Inform the Circuit Court As to Immunity, IX-152.
Consistency of Land Development Regulation (LDR) With Local Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of) —
Burden of Proof — Fairly Debatable Standard Defined & Discussed, IX-153.
Consistency Measured Against County Plan If City Plan Is Not Effective, IX-154.
Doral, City of —
Zoning Compatibility Table, IX-155.
Martin County —
Ordinance Allowing New Commercial Uses At Hunting & Fishing Camps Upheld As Consistent, IX-156.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Person Defined, IX-157.
Fairly Debatable Standard of Proof, IX-158.
Report to the Fla. Land & Water Adjudicatory Comm. —
Amended Petition to Merge the Seven Oaks Community Development Dist. I & II, IX-159.
Dissolution of the Circle Square Woods Community Development Dist., IX-160.
Merger of Split Pine & Tolomato Community Development Districts, IX-161.
Merger of the Main Street Community Development Dist. & the River Edge Community Development Dist., IX-162.
Merger of the Westchase & Westchase East Community Development Districts, IX-163.
Wiregrass Community Development Dist. 707-707.
Declaratory Statements (See DECLARATORY STATEMENTS)
Div. of Licensing —
Class G Gun —
Discharging a Firearm In a Situation Not Warranted, IX-164.
Fraud, Deceit & Negligence, IX-165.
Fla. Seed Investigation & Conciliation Council —
Letter From Commissioner Concurring With a Report Found Not to Constitute a Final Order Subject to Appellate Review, IX-166.
Immediate Final Order — Citrus Canker —
Circuit Court Final Judgments In Broward & Palm Beach Counties Awarding Damages Against Dept. In Class Actions —
Palm Beach County Order Allowing Execution Against Dept. Reversed/Broward County Order Finding 11.066(3) Constitutional As Applied Reversed, IX-167.
Circuit Court Final Judgment In Favor of Owners of Trees In Broward County —
581.1845 Merely Sets An Opening Bid For Destroyed Trees & Found Not to Constitute “Just Compensation” Per Se, IX-168.
Award of Prejudgment Interest Based On the Filing Date of the Case Found Proper, IX-169.
Damage Award In Inverse Condemnation Suit Affirmed, IX-170.
Destruction of Trees Found Intended to Benefit the Citrus Industry, IX-171.
Circuit Court Nonfinal Order Stays Proceedings In Dade County Pending Broward County Outcome — Affirmed, IX-172.
Circuit Court Order Denies Dept. Costs —
Dept. Was Not a “Prevailing Party” Pursuant to 57.041 Simply Because the Damages Award Was Smaller Than Originally Sought — Affirmed, IX-173.
Class D Guard —
Carrying a Firearm Not Required By Duties, IX-174.
Class G Gun —
Carrying a Firearm Not Required By Duties, IX-175.
Class MB Manager —
Carrying a Firearm Not Required By Duties, IX-176.
Appellate Court (See Also PRACTICE & PROCEDURE, Attorney’s Fees & Costs, Appellate Fees) —
Must Apply the Law That Exists At the Time of the Appeal, IX-177.
Right Result For the Wrong Reason Is to Be Affirmed — Tipsy Coachman Doctrine, IX-178.
Supreme Court —
Rulings On Constitutional Issues Cannot Be Overturned Legislatively, IX-179.
Statements Made In Dicta Are Persuasive But Not Binding, IX-180.
Certiorari (See Also Circuit Court) —
Limited Scope of Review — Examined, IX-181.
Requirements For — Examined & Found Not Satisfied, IX-182.
Circuit Court —
Affirmative Defense —
Can Be Waived, IX-183.
Need Not Be Anticipated By Petitioner, IX-184.
Certiorari (See Also Certiorari) —
Limited Scope of Review — Examined, IX-185.
Declaratory Judgment (See Also DECLARATORY STATEMENTS) —
86 Is to Be Broadly Construed, IX-186.
Advisory Opinions Are Not Contemplated, IX-187.
Appropriate Vehicle For Constitutional Challenges, IX-188.
Statutory Authority to Entertain Claims For, IX-189.
Test For Sufficiency of Petition For, IX-190.
Fact Findings (See Also Fact Findings; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Solely the Province of Lower Tribunals, IX-191.
Denial of Against An Agency As Unavailable — Reversed, IX-192.
Equitable In Nature, IX-193.
Matter Within the Trial Court’s Discretion, IX-194.
Separation of Powers Doctrine Limits But Does Not Eliminate Applicability to Agency Action, IX-195.
Jurisdiction (See Also Nonfinal Order) —
Claim Assailing Constitutional Adequacy of the Public School System, IX-196.
Nothing Is Intended to Be Outside Jurisdiction Except That Which Clearly & Specifically Appears So to Be, IX-197.
Nonfinal Order (See Also Nonfinal Order) —
Appellate Review — Found Improper, IX-198.
Appellate Review — Found Proper, IX-199.
Motion to Dismiss — Denial of, IX-200.
Time Limit For Seeking Review Is Thirty (30) Days — Agency Failure to Timely Furnish Copy of the Order, IX-201.
Time Limit For Seeking Review Is Thirty (30) Days — Petition Found to Be Untimely, IX-202.
Preservation of Error For Appeal —
Issues Not Raised & Ruled On Below Cannot Be Reached, IX-203.
Summary Judgment —
Appellate Review of Is De Novo, IX-204.
Improper If There Are Disputed Issues of Material Fact, IX-205.
Agency Challenge to Plaintiff’s Venue Selection, IX-206.
Sword Wielder Doctrine — Burden of Proof, IX-207.
Sword Wielder Doctrine — Discussed & Found Applicable, IX-208.
Conclusion of Law (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Review Is De Novo, IX-209.
Confession of Error —
Motion to Relinquish Jurisdiction Treated As, IX-211.
Exhaustion of Administrative Remedies —
DCF Final Order Authority Conferred By Rule Found to Be In Direct Conflict With Statuary Provision Allowing Appeal to Dept. Secretary —
Appellate Review Found Improper, IX-212.
Doctrine — Found Applicable, IX-213.
Fact Findings (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Cannot Be Disturbed If Supported By “Some” Competent, Substantial Evidence, IX-214.
Competent Substantial Evidence — Found Lacking, IX-215.
Court Will Not Substitute Its Judgment, IX-216.
Jurisdiction (See Also Circuit Court) —
Can Be Reviewed Even If Not Challenged Below, IX-217.
Cannot Be Conferred By Stipulation, IX-218.
Lack of Can Be Raised For the First Time On Appeal, IX-219.
Subject Matter Jurisdictional Issues Need Not Be Preserved Below, IX-220.
Issues Only to Require a Ministerial Duty Imposed By Law On a Public Official, IX-223.
Nonfinal Order (See Also Circuit Court) —
Appellate Review — Found Not Proper, IX-224.
Appellate Review — Found Proper, IX-225.
Discovery Order — Generally Not Reviewable — But Reviewed On Unusual Facts, IX-226.
Failure to Make Explicit Rulings On Each Properly Filed Exception, IX-227.
Final Order Not Yet Filed With Agency Clerk, IX-228.
Irreparable Harm Must Be Shown, IX-229.
Notice of Appeal —
Copy of Final Order Mailed to Last Known Address Commences Time Limitation Period —
Licensee Has Duty to Inform Agency of Address Changes – Including Incarceration, IX-230.
Court, Lower Tribunal, Clerk and Official Holiday Defined & Discussed, IX-231.
Dismissal As Untimely Without Prejudice —
Petition For Agency to Vacate & Reenter Final Order On Appeal, IX-232.
Dismissal As Untimely, IX-233.
Failure to Timely File Divests Court of Jurisdiction, IX-234.
Supreme Court Has Exclusive Constitutional Authority to Establish Time Limits For Filing, IX-235.
Time Limit For Filing Is Jurisdictional, IX-236.
Untimely Filing Is An Irremedial Jurisdiction Defect, IX-237.
Excessive — Suspension — Confession of Error, IX-238.
Per Curiam Affirmance —
Has No Precedential Value, IX-239.
Preservation of Error For Appeal —
Constitutional Issue That Cannot Be Reached Administratively Need Not Be Preserved, IX-240.
Fundamental Error Exception Examined & Found to Be Inapplicable, IX-241.
Issues Not Raised & Ruled On Below Cannot Be Reached, IX-242.
Issues Not Raised & Ruled On Below Cannot Be Reached-Except For Jurisdictional Issue, IX-243.
Not Required For Fundamental Errors Such As Procedural Due Process Violations, IX-244.
Narrow In Scope — To Be Applied With Great Caution — To Be Utilized Only In Emergencies, IX-245.
Petition For — Denied, IX-246.
Unavailable to Divest a Circuit Court of Jurisdiction, IX-247.
Utilized Only When There Is No Other Appropriate & Adequate Legal Remedy, IX-248.
Utilized to Prohibit Action In Excess of Jurisdiction — Not An Erroneous Exercise of Jurisdiction, IX-249.
Writ of — Denied, IX-250.
Quo Warranto (See Also Supreme Court) —
Generally Is Commenced In Circuit Court —
Supreme Court Can Exercise Original Jurisdiction If There Is An Adverse Impact On the Functions of Government & No Factual Issues, IX-252.
Standards Governing Grant of, IX-253.
Writ Issued, IX-254.
Evidence Not Introduced Below Cannot Be Considered, IX-255.
Reversible Error —
DOAH Utilization of Incorrect Standard of Proof
Rules (See RULES & RULEMAKING, Appellate Review) —
DOAH Invalidation Is Stayed By Statute Until Appellate Proceedings Have Ended, IX-256.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Adversely Affected Party — Examined, IX-257.
Adversely Affected Party Is Required — Prevailing Party Cannot Bring Constitutional Challenge to a Statute, IX-258.
Adversely Affected Party Is Required, IX-259.
Adversely Affected Standard — Defined & Discussed, IX-260.
Declaratory Statement — Third Party Challenge, IX-261.
Found Lacking, IX-262.
Four (4) Part Test For, IX-263.
Narrower Than For Administrative Proceedings, IX-264.
Subject Belief Not Controlling, IX-265.
Statutes (See CONSTITUTION (Fla.), Statutes; STATUTES, Constitutionality)
DOAH Rule Challenge, IX-266.
Grant of Reversed, IX-268.
Nonfinal DOAH Order Compelling Discovery of Agency Investigatory Records, IX-269.
Supreme Court Has Exclusive Authority Over Rules Regarding, IX-270.
Supreme Court —
Conflict Jurisdiction, IX-271.
Quo Warranto (See Also Quo Warranto) —
Issuance of Writ Is Discretionary — Adverse Affect On the Functions of Government Is Required, IX-272.
Not Binding Legal Authority — Are Simply Opinions That Can Be Considered, IX-273.
Alcoholic Beverages —
Tobacco — Imported — Wholesale Sales Price —
Found to Be Exclusive of Federal Excise Tax, Shipping Costs & Other Various Charges, IX-274.
Land Sales —
Declaratory Statement —
Question As to Whether a Condo Assoc. May Engage In Lobbying — Div. Denial of Petition For Affirmed, IX-275.
Regulatory Council of Community Assoc. Managers —
License — Manager — Council Revocation On Basis of Waiver of Right to Hearing Reversed & Vacated With Directions, IX-276.
Student Appeal From Disciplinary Action Transferred For Lack of Jurisdiction to Circuit Court, IX-277.
Alcohol — Drinking Around Students, IX-278.
Alcohol — Under the Influence At School, IX-279.
Angry & Belligerent In Front of Students, IX-280.
Application For —
Applicant Has Burden of Proof — By a Preponderance of the Evidence, IX-281.
Bases For Revocation Are Also a Bases For Denial, IX-282.
Conditional Certificate, IX-283.
Contrition For a Checkered Past Is Not Required, IX-284.
Criminal Charge — Aggravated Battery With a Deadly Weapon, IX-285.
Criminal Charges (Reckless Display of Firearm / Possession of Marijuana / Carrying Concealed Weapon, Loitering & Prowling / Incite Rioting / Grand Larceny With Firearm / Aggravated Assault / Battery / Aggravated Battery / Indecent Exposure), IX-286.
Criminal Conviction —
Analysis of Whether an Out-of-State Crime Would Constitute a Fla. Felony Examined, IX-287.
Found Not to Establish Underlying Facts, IX-288.
Money Laundering/Obstruction of Justice, IX-289.
Not to Be Retried By the EPC, IX-290.
Proper Disclosure of Examined, IX-291.
Criminal Plea —
Delivery of Cocaine, IX-293.
Grand Theft, IX-294.
Guilty Plea As Proof of Underlying Facts, IX-295.
Passport Fraud, IX-296.
Default Licensure Provisions of 120.60(2) Are Superceded By 1012.56(1), IX-298.
Denial — Final Order Vacated After Reconsideration, IX-299.
Educational Media Specialists Must Hold Educator Certification, IX-300.
Exploiting Professional Relationship For Personal Gain, IX-301.
Failure to Fully Disclose Criminal Record, IX-302.
False Statements On Licensure Application, IX-303.
Fraudulent Conduct, IX-304.
Good Moral Character —
Acts of Moral Turpitude Can Indicate, IX-305.
Found Lacking, IX-307.
Found Proven, IX-308.
Honesty Is a Transcendent Principle, IX-309.
Lack of Found Easier to Prove Than Moral Turpitude, IX-310.
Purpose of This Criterion Examined, IX-311.
Question of Fact, IX-312.
Gross Immorality —
Defined & Discussed, IX-313.
Found Lacking, IX-314.
Obscene Performance, IX-315.
Gross Immorality, IX-316.
Heterosexual Misconduct With Student (See Also Sexual Misconduct), IX-317.
Immorality — Defined, IX-318.
Knowledge of Ethical Obligations Need Not Be Demonstrated, IX-319.
Misconduct Reducing Effectiveness, IX-320.
Moral Turpitude —
Criminal Charge or Conviction Is Not Required, IX-321.
Obscene & Pornographic Performances, IX-323.
Obscene Performance, IX-324.
Out-of-State Discipline, IX-325.
Unwillingness to Accept Responsibility For an Uneven Past Distinguished From a Lack of Honesty, IX-326.
Moral Turpitude, IX-327.
Cheating On a Licensure Exam Is a Serious Offense, IX-328.
Cheating On Licensure Exam, IX-329.
Criminal Charge —
Counterfeiting Payment Instruments, IX-330.
Introduction of Contraband Into a Prison, IX-332.
Petite Retail Theft, IX-333.
Possession of Cocaine & Carisoprodol, IX-334.
Possession of Marijuana/Oxycodone/Paraphernalia, IX-335.
Possession of Marijuana, IX-336.
Possession of Paraphernalia & Contributing to the Delinquency of a Minor, IX-337.
Resisting Arrest & Failure to Sign a Traffic Citation, IX-338.
Retail Theft, IX-339.
Trespassing In State Park to Engage In Sexual Activity, IX-340.
Criminal Conviction —
Lewd or Lascivious Molestation, IX-341.
Criminal Plea —
435 Is Applied Retroactively, IX-342.
Contributing to the Delinquency of a Minor, IX-344.
DUI — Is Not a Minor Offense, IX-345.
Failure to Comply With the Compulsory School Attendance Law, IX-346.
Possession of Paraphernalia, IX-347.
Reckless Driving, IX-348.
Retail Theft, IX-349.
To Lesser Included Offense — Not Dispositive, IX-351.
Trespass After Warning/Resisting Arrest With Violence, IX-352.
Trespass/Improper Exhibition of a Weapon/Use of a Firearm Under the Influence, IX-353.
Discriminating Against a Student On a Prohibited Basis, IX-355.
Distributing Inappropriate Play to Students, IX-356.
Engaging In Political Discussion With 4th Graders After Presidential Election, IX-357.
Erratic Behavior, IX-358.
Excessive Corporal Punishment, IX-359.
Exploitation of Professional Relationship For Personal Gain, IX-360.
Failure to Preserve Confidences, IX-361.
Failure to Properly Supervise Students, IX-362.
Failure to Report Actual or Suspected Child Abuse, IX-363.
Failure to Report Criminal Charges, IX-364.
False Statements On Licensure Application, IX-365.
Falsification of Records, IX-366.
Filing a False Written Report, IX-367.
Final Order On Appellate Remand: Blomberg v. Withers, IX-368.
Fraud On Certification Exam, IX-369.
Fraudulent Conduct —
Mentoring Logs, IX-370.
Sloppy Record-Keeping Distinguished From, IX-371.
Fraudulent Conduct, IX-372.
Good Moral Character —
Found Lacking, IX-374.
Gross Immorality —
Bad Judgment Distinguished From, IX-375.
Controlled Substances — Possession of, IX-376.
Criminal Plea — Theft, IX-377.
Criminal Plea — Trespass After Warning/Resisting Arrest With Violence, IX-378.
Criminal Violent Behavior While Impaired, IX-379.
Found Not Proven, IX-381.
Found Proven, IX-382.
Intoxicated In Classroom, IX-383.
Reckless Driving Found Not to Amount to, IX-384.
Retail Theft, IX-385.
Verbal Abuse of Students, IX-386.
Gross Immorality, IX-387.
Private Viewing of Pornography At School Does Not Constitute, IX-389.
Inability In Profession (Emotional Stability), IX-390.
Inability In Profession (Impaired At Work – Alcohol), IX-391.
Inappropriate Disciplinary & Restraining Techniques, IX-392.
Inappropriate Discipline Within the Classroom, IX-393.
Inappropriate Picture Messages From Female Student, IX-394.
Inappropriately Expressing Personal Political Opinions to Students, IX-395.
Incapacity — Defined, IX-396.
Bullying a Coworker, IX-397.
Defined & Discussed, IX-398.
Disorganization — Arriving Late to School, IX-399.
Failure to Return Phone Calls or Attend Parent – Teacher Meetings, IX-400.
Misconduct Reducing Effectiveness —
Inferences Concerning Discussed, IX-403.
Newspaper Report of Unproven Allegations Does Not Constitute, IX-404.
Misconduct Reducing Effectiveness, IX-405.
Moral Turpitude —
Bad Judgment Distinguished From, IX-406.
Carelessness Distinguished From, IX-407.
Controlled Substances — Possession of, IX-408.
Criminal Plea — Theft, IX-409.
Criminal Plea — Trespass After Warning/Resisting Arrest With Violence, IX-410.
Found Proven, IX-412.
Harassment of Coworkers & Violent Behavior, IX-413.
Inability In Profession (Impaired At Work – Alcohol), IX-414.
Intoxicated In Classroom, IX-415.
Lack of Good Moral Character Is Broader Than, IX-416.
Moral Turpitude, IX-417.
Private Viewing of Pornography At School Does Not Constitute, IX-418.
Reckless Driving Found Not to Amount to, IX-419.
Retail Theft, IX-420.
Status of Verbal Abuse As, IX-421.
Moral Turpitude, IX-422.
Obtaining Certification By Fraud, IX-423.
Can Only Be Imposed If There Is An Active Licensee, IX-424.
Physical Abuse of Student, IX-425.
Positive Drug Screen (Cocaine), IX-427.
Racially Disparaging Comments, IX-428.
Reporting of Violations —
Self-Reporting Is Not Required, IX-429.
Reprisal Against Someone Reporting An Incident, IX-430.
Sexual Misconduct —
Accessing Sexually Explicit Internet Site On a School Computer — From Classroom, IX-431.
Accessing Sexually Explicit Internet Site On a School Computer — From School, IX-432.
Accessing Sexually Explicit Internet Site On School Computer, IX-433.
Consensual Liaisons With Coworker At School Is Improper, IX-434.
Constitutes Immorality or Moral Turpitude, IX-435.
Exploitation of Professional Relationship For Personal Gain, IX-436.
Fact That the Student Was 18 At Time of Contact Is Irrelevant, IX-437.
Heterosexual Contact With Students, IX-438.
Heterosexual Contact With Teacher — Consensual, IX-439.
Heterosexual Harassment of Co-Worker, IX-440.
Heterosexual Harassment of Female Student, IX-441.
Heterosexual Harassment of Student Over the Internet, IX-442.
Heterosexual Misconduct With Student, IX-443.
Homosexual Contact With Student, IX-444.
Homosexual Misconduct With Student, IX-445.
Phone Calls & Hearsay Alone Does Not Establish, IX-446.
Placing Nude Pictures of Male Models On the Internet, IX-447.
Pornographic Images On Floppy Disk In Classroom & On School-Issued Computer, IX-448.
Private Viewing of Pornography At School Does Not Constitute, IX-449.
Reading Sexually Explicit Material In Class, IX-450.
Requires More Than a Violation of the General Civility Code, IX-451.
Suicide Attempt At School, IX-452.
Teachers Are Held to a High Moral Standard, IX-453.
Asking Students to Recall FCAT Questions, IX-454.
Violation of Testing Procedures, IX-455.
Theft of Monies, IX-456.
Theft of Time From School Dist. In Order to Work at Second Job, IX-457.
Threatening Remarks to Other Teachers, IX-458.
Three (3) Strikes Provision Governing Certification, IX-459.
Verbal Abuse of Colleagues, IX-460.
Verbal Abuse of Principal, IX-461.
Verbal Abuse of Students — Various Slurs, IX-462.
Verbal Abuse of Students, IX-463.
Violation of Board Rule, IX-464.
Violation of Comm. Order, IX-465.
Violation of Probation, IX-466.
Amendment of Application —
New Evidence In Support of Found Not to Constitute, IX-467.
New Theory For Approval of Both Competing Applications Despite Numeric Need For Only One Constitutes An Impermissible Amendment, IX-468.
Permissible Changes to Distinguished From, IX-469.
Applicant Has the Burden of Proof —
By a Preponderance of the Evidence, IX-470.
Applicant Has the Burden of Proof, IX-471.
Adverse Impact On Existing Providers Outside the District Are Not Considered —
Adverse Impacts On Existing Providers Within the District Are Cognizable, IX-472.
Preliminary AHCA Decision Not Entitled to Presumption of Correctness, IX-473.
Specific Site For a New Facility Need Not Be Identified, IX-474.
Comparative Review —
Fines Can Be Imposed For Failure to Comply With, IX-477.
Financial Feasibility —
Conversion or Expansion Is Generally More Cost-Effective Than Building a New Facility, IX-478.
Health Care Administration (AHCA) —
Can Impose Conditions Outside the Parameters of the Application, IX-479.
Preliminary Determination In the SAAR Not Entitled to a Presumption of Correctness, IX-480.
Comparative Review, IX-481.
Exceptions to Rule Need Methodology Examined, IX-482.
Fixed Need Pool — Confirmed As Zero, IX-483.
Intervenor Protest, IX-484.
New Program — Comparative Review, IX-485.
Accessibility Must Be Considered, IX-486.
Acute Care Hospital Services — There Is No Formal Travel Time Standard, IX-487.
Acute Care, IX-488.
AHCA Review of Has Changed Over Time, IX-489.
Competition — Enhancement of Must Be Considered, IX-490.
Comparative Review (See Comparative Review), IX-491.
Comprehensive Medical Rehabilitation, IX-492.
Constitutes a Capital Expenditure, IX-493.
Emergency Hospital Services — Patient Convenience Is Considered, IX-494.
Extension of Validity Period — Untimely Application For — Extension Granted, IX-495.
Failure to Comply With Medicaid – Patient Days Condition In 2006 — Fine, IX-496.
Institution – Specific & Community Needs Are Both Considered, IX-497.
Long-Term Care, IX-498.
Medicaid Patient Days — Dual Eligible Patient Days Not Counted, IX-499.
Need Is Considered But In a Context That Differs From a New Facility, IX-500.
Need (See Need)
Relocation of Patients Who Are Medically Complex From Short Term Acute Care Hospitals Discussed, IX-502.
Replacement Facility — Need Is Considered But In a Context That Differs From a New Facility, IX-503.
Replacement Facility, IX-504.
Revocation vs. Replacement, IX-505.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Burden of Proof Is By a Preponderance of the Evidence, IX-506.
Facility Located Outside the Planning District, IX-507.
Substantially Affected Test Discussed, IX-508.
AHCA Might Weigh Review Criteria Differently Than DOAH, IX-509.
Access Problems — Consideration of Examined, IX-510.
Adjacent Districts May Be Germane, IX-511.
Balanced Consideration of All Statutory & Rule Criteria, IX-512.
Boundaries of a Health Planning Area Are Not Iron Curtains Yet District Boundaries Are Relevant When Analyzing Adverse Impacts, IX-513.
Consideration of a Provider Specific Conversion Ratio, IX-514.
Considered On a District-Wide Basis — But Can Be Considered On a Subdistrict Basis If Appropriate, IX-515.
Considered On a District-Wide Basis — But Found to Transcend “Artificial Boundaries”, IX-516.
Considered On a District-Wide Basis — Geographic Barriers, IX-517.
Considered On a District-Wide Basis, IX-518.
Emergency Services — Patient Convenience Is Considered, IX-519.
Found Both Susceptible to Ordinary Methods of Proof and to Be Infused With Policy Considerations, IX-520.
Impacts On Patients – Not Their Families – Are Considered, IX-521.
Letter of Intent —
Failure to Comply With Is Grounds For Revocation, IX-522.
Letters From Physicians & Hospitals Are Not Dispositive, IX-523.
Must Be Based On Sound Health Planning Principles, IX-524.
No Presumption of Correctness, IX-525.
Reviewed Proactively Not Reactively, IX-526.
Rule Methodology —
Absence of — Long Term Acute Care Hospital, IX-527.
Minimum Number of Beds Requirement Discussed, IX-528.
Not Normal Exception — Defined & Discussed, IX-529.
Not Normal Exception — Found Inapplicable, IX-530.
Not Normal Exception — Hospice — Three (3) Specific Conditions Which Justify, IX-531.
Not Normal Exception — Hospice, IX-532.
Not Normal Exception — Large Elderly Population Found Not to Constitute, IX-533.
Not Normal Exception — Tertiary Program — AHCA May Look Beyond the Service Area, IX-534.
Not Normal Exception — Traffic Congestion Found Not to Constitute, IX-535.
Numeric Need — Creates a Legal Presumption of Need, IX-536.
Numeric Need Lacking — Creates Rebuttable Presumption of No Need, IX-537.
Rule Methodology, IX-538.
Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IX-539.
Purpose of CON Review —
Careful Planning of Where Hospitals Are Located, IX-540.
Elimination of Unnecessary Duplication & Rational Examination of Alternative Methods of Achieving Healthcare Goals, IX-541.
Provision of Community Health Needs In a Responsible & Cost Effective Manner, IX-542.
Rule Variance or Waiver —
Deadline For Applying For Extension of Validity Period, IX-543.
State Agency Action Report (SAAR) —
No Presumption of Correctness, IX-544.