Declaratory Statement (See DECLARATORY STATEMENTS)
Criminal Plea — Insurance Fraud, IX-1066.
Emergency Suspension —
Controlled Substances — Inappropriate or Excessive Prescriptions, IX-1067.
Controlled Substances — Prescription Other Than In Course of the Professional Practice, IX-1068.
Criminal Charge — Solicitation to Commit a Capital Felony/Possession of Controlled Substances, IX-1069.
Criminal Plea — Possession of Cocaine, IX-1070.
Default On Student Loan, IX-1071.
Failure to Comply With PRN Contract, IX-1072.
Failure to Keep Requisite Written Records, IX-1073.
Firing Handgun In Front of Police Station, IX-1074.
Fraudulent Conduct, IX-1075.
Inability In Profession (Baker Act Commitment & Suicide Threat), IX-1076.
Inability In Profession (Controlled Substance Abuse), IX-1077.
Inability In Profession (Mental Condition), IX-1078.
Inability In Profession (Opioid Dependency), IX-1079.
Insurance Fraud, IX-1080.
Operating Beyond Scope of License, IX-1081.
Positive Drug Screen — Benzodiazepines/Cocaine/Marijuana/Opiates, IX-1082.
Refusal to Enter Into PRN Contract, IX-1083.
Refusal to Submit to Required Drug Test, IX-1084.
Sexual Misconduct With Patient, IX-1085.
Unacceptable Level of Care, IX-1086.
False or Misleading Advertising —
Discipline Reversed In Per Curiam Opinion, IX-1087.
Filing a False Report, IX-1088.
Fraudulent Conduct, IX-1089.
Circuit Court Non-Final Order Found That County “Inordinantly Burdened” Private Property — Reversed, IX-1090.
Impact Fees —
Circuit Court Denial to Motion to Dismiss Challenge to 163.3180(5) Quashed — Burden of Proof In Challenge to —
Speaker of House & Senate President Found Not to Be Proper Parties, IX-1091.
Declaratory Statements (See DECLARATORY STATEMENTS)
Emergency Suspension —
Inability In Profession (Alcohol Dependence/Major/Depressive/ Anxiety/Panic Disorders), IX-1092.
Positive Drug Screen — Alcohol, IX-1093.
Positive Drug Screen — Marijuana, IX-1094.
Circuit Court Suit Invalidation of Chapter 2009-96 As Unconstitutional Reversed & Remanded, IX-1095.
Area of Critical State Concern (See Consistency of Local Ordinance With Local Comprehensive Plan, Monroe County; MONROE COUNTY)
Binding Letter —
Interpretation of Vested Rights Status —
Affordable Housing — Impact On, IX-1096.
Substantial Changes — Not Found, IX-1097.
Vested Rights Distinguished From Authorization As a DRI or a Final Development Order, IX-1098.
Modification to DRI With Vested Rights —
Substantial Changes — Found, IX-1099.
Substantial Changes — Not Found, IX-1100.
Comprehensive Plan (See Also ADMINISTRATION Comm.) —
Circuit Court Suit Invalidation of Chapter 2009-96 As Unconstitutional Reversed & Remanded, IX-1101.
Affordable Housing — Greatly Underserved In Fla. Keys
Data Need Not Be Submitted to the Dept., IX-1102.
Agriculture Defined, IX-1103.
Amendments to —
Adoption Procedures — Consistency With Not Reviewed, IX-1104.
Alternate State Review Process Pilot Program Discussed, IX-1105.
Can Contain Numerous Provisions, IX-1106.
Dept. Does Not Review For Concurrency, IX-1107.
Dept. Duty to Review, IX-1108.
Failure to Follow Statutory Procedures Renders Amendment Void Per Se, IX-1109.
Intervenor Challenge Is Limited to Amendments, IX-1110.
Must Be — Internally Consistent, IX-1111.
Must Be — Supported By Demonstration of Need, IX-1112.
Remedial — Amendments Discussed, IX-1113.
Remedial — Cannot Reach Back to Plan Provisions Affected By, IX-1114.
Requisite Data, Studies, etc. In Support of (See Requisite Data, Studies, etc.)
Small Scale Plan Amendments — Local Government’s Determination Is Presumed Correct, IX-1116.
Appellate Review — Motion For Stay Pending Appellate Review Denied, IX-1117.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
57.105 & 120.595 Awards Against Third Party Intervenors & Their Attorney For Bringing An Appeal Without Standing, IX-1118.
163.3184(12) Attorney’s Fees & Costs — Must Be Adjudicated In a Separate Final Order, IX-1119.
Adoption Procedures Are Not Reviewed, IX-1120.
Amendments — Inconsistency Defined & Discussed, IX-1121.
Internal Consistency — Adverse Impact Need Not Be Shown, IX-1122.
Internal Consistency — Burden of Proof — Fairly Debatable, IX-1123.
Internal Consistency — Discussed, IX-1124.
Internal Inconsistency Found, IX-1125.
Construction (See Also STATUTES) —
Cannot Conflict With Plain & Unambiguous Language, IX-1126.
Local Government Cannot Summarily Change, IX-1127.
Dept. of Transportation (DOT) —
Is a Commenting Agency Only That Does Not Control Land Use Codes, IX-1128.
Establishes Only a Range of Permissible Uses, IX-1129.
Future Land Use Element (See Also Future Land Use Map) —
Maximum Allowable Densities Generally Should Be Used, IX-1130.
Requirements Governing, IX-1131.
Supercede Inconsistent Underlying Zoning, IX-1132.
Future Land Use Map (FLUM) (See Also Future Land Use Element) —
Local Government Need Not Account For Undeterminable Density Discounts, IX-1133.
Mapping of Areas For Mixed Use Is Contemplated, IX-1134.
Must Be Internally Consistent With Other Elements of the Comprehensive Plan, IX-1135.
Relationship of Development Order to, IX-1136.
Relationship of Zoning Ordinance to, IX-1137.
Transportation Concurrency — Proof of Is Not Required, IX-1138.
In Compliance —
120 Review Is Not Strictly De Novo As In the Typical Case, IX-1139.
A Single Provision Alone May Form the Basis For a Finding of Noncompliance, IX-1140.
Burden of Proof — Fact Finding — Preponderance of the Evidence, IX-1141.
Burden of Proof — Preponderance of the Evidence, IX-1142.
Concurrency Not Considered — This Is Considered At the Development Order Stage, IX-1143.
Dept. Role In Determining Discussed, IX-1145.
Encourage — Defined & Discussed, IX-1146.
Full Not Merely Substantial Compliance Is Required, IX-1147.
Local Government’s Determination Presumed Correct, IX-1148.
Plan Need Not Be the Best Plan, IX-1149.
Plan Provisions Must Be Read Together, IX-1150.
Procedural Flaws Must Be Prejudicial In Order To Be Probative, IX-1151.
Procedural Flaws Not Considered, IX-1152.
Public Participation Is Not Germane, IX-1153.
Intergovernmental Coordination Element —
Does Not Give Rise to Veto Powers, IX-1154.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Persons — Business Activities Discussed, IX-1155.
Affected Persons — Defined, IX-1156.
Associational Standing — Requirements For, IX-1157.
Burden of Proof — Fact Findings — Preponderance of the Evidence, IX-1158.
Burden of Proof — Not Even Fairly Debatable Standard — Applies Both to Local & Dept. Determinations, IX-1159.
Burden of Proof — Not Even Fairly Debatable Standard — Deference Accorded to Both Local & Dept. Decision, IX-1160.
Burden of Proof — Not Even Fairly Debatable Standard — Is a Heavy One, IX-1161.
Burden of Proof — Not Even Fairly Debatable Standard, IX-1162.
Burden of Proof — Not In Compliance Case — Preponderance of the Evidence, IX-1163.
Compliance Agreement — Recission of Challenged Amendment Closes Case, IX-1164.
DOAH Formal Hearing Does Not Entail Typical De Novo Review, IX-1165.
Notice — Participation In Public Hearing Waives Challenge to, IX-1166.
Petitioner Dismissed As Fatally Flawed, IX-1167.
Public Participation Requirement — Examined, IX-1168.
Public Participation Requirement — Failure to Follow Procedures Governing Must Be Prejudicial In Order to Be Actionable, IX-1169.
Public Participation Requirement — Private Conversation With One Commissioner Does Not Constitute, IX-1170.
Standing — Affected Person Defined & Discussed, IX-1171.
Standing — Associational — Requirements For, IX-1172.
Standing — County Government, IX-1173.
Standing — Need Not Be Proven If Co-Petitioner Has Established, IX-1174.
Standing — Pilot Program Amendment, IX-1175.
Standing — Transfer of Interest, IX-1176.
Military Installation —
Objection to Plan Amendment Examined — Risk of Complaints Is Not Determinative, IX-1177.
Oral Argument Before the Secretary Denied, IX-1178.
Planning Timeframes —
Are the Very Foundation of Comprehensive Planning, IX-1179.
Evaluation & Appraisal Report Must Be Prepared At Least Every Seven (7) Years, IX-1180.
Local Governments Select, IX-1181.
One Must Cover At Least First Five (5) Years — Other Must Cover At Least Ten (10) Years, IX-1182.
Uniform Timeframes Must Be Utilized Throughout the Plan, IX-1183.
Requisite Data, Studies, Etc. —
All Data Available At Time of Adoption Is Germane Even If Not Actually Considered, IX-1184.
Amendment — Data Need Not Be Updated, IX-1185.
Amendment — Requisite Data Varies With Type of Amendment, IX-1186.
Analysis Need Not Exist At Time of Adoption, IX-1187.
Aspirational Amendments Require Less Data, IX-1188.
Available Data Limited to That Available At the Time of Hearing, IX-1189.
Best Available — Existing Data Must Be Used, IX-1190.
Burden of Proof Regarding Deficiencies In the Data, IX-1191.
Data Need Not Be Submitted to Dept., IX-1192.
Data Need to Merely Exist & Be Available, IX-1193.
Future Land Use Map Amendment, IX-1194.
In Support of, IX-1195.
Includes Data Not Identified or Actually Relied Upon By the Local Government, IX-1196.
Industrial Land In a Rural County Is Evaluated Differently Than For Non-Rural Counties, IX-1197.
Original Data Can Be Utilized, IX-1198.
Original Data Need Not Be Collected, IX-1199.
Requisite Data, Studies, etc. —
In Support of, IX-1200.
State Comprehensive Plan —
Must Be Construed As a Whole, IX-1201.
Purpose of Examined, IX-1202.
Test For Consistency With, IX-1203.
Transportation Planning Is Not Driven Solely By Traffic Modeling, IX-1204.
Urban Sprawl —
Amendment That Does Not Change Allowable Density But Only the Location of Such Density Does Not Contribute to, IX-1205.
Considered For Both Comprehensive Plans & Amendments Thereto, IX-1206.
Defined & Discussed, IX-1207.
Plan Must Discourage, Plan Must Discourage, IX-1208.
Comprehensive Plan —
Bay County — Intervenor Challenge to Amendment, IX-1209.
Boca Raton — Intervenor Challenge to Amendment, IX-1210.
Broward County — Intervenor Challenge to Amendment — Final Order Vacated After County Mistakenly Repeals Its Entire Transportation Element, IX-1211.
Citrus County — Intervenor Challenge to Amendment, IX-1212.
Remedial Amendment Found to Be In Compliance, IX-1213.
Clay County — Intervenor Challenge to Amendment, IX-1214.
Clay County — Intervenor Challenge to Small Scale Plan Amendment, IX-1215.
Coleman — Intervenor Challenge to Amendment, IX-1216.
Dade County — Intervenor Challenge to Amendment, IX-1217.
Edgewater — Intervenor Challenge to Amendment, IX-1218.
Jacksonville — Intervenor Challenge to Amendment, IX-1219.
Lake County — County Challenge to Not In Compliance Determination Dismissed For Failure to Comply With Procedures, IX-1220.
Lake Worth — Intervenor Challenge to Amendment, IX-1221.
Marion County — Intervenor Challenge to Amendment, IX-1222.
Marion County — Intervenor Challenge to Amendment —
FLUM Found Not In Compliance, IX-1223.
Martin County — Intervenor Challenge to Amendment, IX-1224.
New Smyrna Beach — Intervenor Challenge to Amendment, IX-1225.
Palm Beach County — Intervenor Challenge to Amendment, IX-1226.
Palm Beach County — Intervenor Challenge to Remedial Amendment, IX-1227.
Pasco County — Intervenor Challenge to Amendment, IX-1228.
Putnam County — Intervenor Challenge to Amendment, IX-1229.
Santa Rosa County — Intervenor Challenge to Amendment, IX-1230.
Sarasota County — Intervenor Challenge to Amendment, IX-1231.
St. Lucie County — Intervenor Challenge to Remedial Amendments, IX-1232.
St. Pete Beach — Intervenor Challenge to Amendments, IX-1233.
Titusville — Intervenor Challenge to Small Scale Plan Amendment, IX-1234.
Yankeetown — Intervenor Challenge to Amendment, IX-1235.
Consistency of Local Ordinance With Local Comprehensive Plan (See Also ADMINISTRATIVE HEARINGS, Div. of) —
163.3213 Challenges Are Limited to Land Development Regulations —
Land Developement Regulation Defined, IX-1236.
Anna Maria, City of —
Minimum Lot Size For Residential Development, IX-1237.
Area of Critical State Concern —
Dept. Burden of Proof When Rejecting An Ordinance, IX-1238.
Comprehensive Plan At Issue Need Not Have Taken Effect, IX-1239.
Dept. Must Consider Any Amendment of the Assailed Ordinance Whether “Substantive” or Not, IX-1240.
Doral, City of —
Challenge to Rezoning of Property — 163.3213 Found to Be Inapplicable, IX-1241.
Land Development Regulation Defined, IX-1242.
Longboat Key —
Various Land Development Regulations Found Consistent & Inconsistent, IX-1243.
Martin County —
Definition & Regulation of Hunting & Fishing Camps, IX-1244.
Monroe County —
Beneficial Use Determination Procedures, IX-1245.
Notice — Issues Regarding Are Not Cognizable Under 163.3213, IX-1246.
Standing Is Independent of the Merits of the Underlying Claim, IX-1247.
Standing Requirements (See Also PRACTICE & PROCEDURE, Intervenors) —
Association — Numerosity Requirement, IX-1248.
Association — Three (3) Part Test For, IX-1249.
Burden of Proof — Fairly Debatable Standard, IX-1250.
Discussed & Found Satisfied, IX-1251.
Recreational Use Alone Can Give Rise to, IX-1252.
Substantially Affected Person Defined & Discussed, IX-1253.
Two (2) Prong Test, IX-1254.
Time Limit For Challenges — Examined, IX-1255.
Time Limit For Challenges — Extended By Agreement of Parties, IX-1256.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statement (See DECLARATORY STATEMENTS)
Fla. Communities Trust (FCA) —
Priority For Projects That Provide Direct Water Access, IX-1257.
None to Interpret Local Development Orders or Ordinances, IX-1258.
Notice of Violation —
Challenge to Water Management Dist. Grant of Permit For Consumptive Use of Water Within a DRI Barred By Writ of Quo Warranto, IX-1259.
Green Swamp Area of Critical State Concern —
High Threat Security, Tactical – Firearms Training & Field Combat Medical Training On Conservation Land Without a Permit, IX-1260.
Polk County — Green Swamp Area of Critical State Concern — Game Ranch Development Without Requisite Approval, IX-1261.
Petition to Initiate Rulemaking —
Fla. Communities Trust (FCT) — Request to Emphasize Funding For Projects That Provide Areas For Direct Water Access, IX-1262.
Rule Variance or Waiver —
Community Development Block Grant —
Ceiling On Amount of Grant — Granted, IX-1263.
Requirement to Create a Certain Number of Full Time Jobs — Granted, IX-1264.
Emergency Management Planning & Community Right-to-Know Program — Annual Registration Fees — Variance Denied, IX-1265.
Fla. Communities Trust Grant —
Application — Deadline For Submission of Clarification Information — Granted, IX-1266.
Prohibition On Use of Fla. Forever Funds As Matching Funds — Granted, IX-1267.
Petition Denied As Deficient, IX-1268.
A Limitation Upon Rather Than a Grant of Power, IX-1269.
Access to Courts —
AHCA Alternative & Voluntary 408.7057 Dispute Resolution Process Found Not to Violate, IX-1270.
Birth-Related Neurological Injury Compensation Plan No Fault Compensation Scheme Found Not to Improperly Restrict, IX-1271.
Amendment By Voter Initiative —
Appellate Review — Supreme Court —
De Novo, IX-1272.
Limited Scope of Review, IX-1273.
Multiple Functions of Government — Effect On, IX-1274.
Must Exercise Extreme Caution Before Removing a Constitutional Amendment From Voters, IX-1275.
Standard Applies to Both Citizen-Proposed & Legislature- Proposed Amendments, IX-1276.
Without Authority to Rule On the Merits of the Proposal, IX-1277.
Articles or Sections of the Constitution Affected Should Be Identified, IX-1278.
Ballot Title & Summary —
Accuracy of Is of Paramount Importance, IX-1279.
Are to Be Read Together, IX-1280.
Found Adequate, IX-1281.
Found Misleading, IX-1282.
Found Not Misleading, IX-1283.
Must Afford Fair Notice, IX-1284.
Must Be Clear & Unambiguous, IX-1285.
Need Not Explain Every Detail, IX-1286.
Purpose of Examined, IX-1287.
Two (2) Part Test For Adequacy, IX-1288.
Use of Synonymous Terms, IX-1289.
Will Be Only Information Before Voters In the Booth, IX-1290.
Comprehensive Plan Amendment — Voter Approval If Certain Conditions Are Met, IX-1291.
Fiscal Impact Statement —
Appellate Review Is Narrow, IX-1292.
Cannot Be Misleading, IX-1293.
Cannot Be Tainted By Scare Tactics or Partisan Ideology, IX-1294.
Found Misleading, IX-1295.
Litigation Cost Baseline Found Dubious, IX-1296.
Standard Governing Appellate Review of, IX-1297.
Legislative District Boundaries — Standards For Establishing, IX-1298.
Legislative District Boundaries, IX-1299.
Property Tax Cap of 1.35% Unless Voter Approved, IX-1300.
Public School Class Size Limitation, IX-1301.
Public School Property Tax Elimination & Replacement With Equivalent State Funding, IX-1302.
Repeal of Existing Provision By Implication, IX-1303.
Single-Subject Test —
Affect On Multiple Branches of Government, IX-1304.
Discussed & Found Satisfied, IX-1305.
Limitation On Power of Government to Raise Revenue Is Not Subject to, IX-1306.
Logrolling — Prohibition On — Examined, IX-1307.
Multiple Branches of Government — Substantial Altering or Performing the Functions of — Test For, IX-1308.
Purpose of — Discussed, IX-1309.
Construction (See Also STATUTES) —
Appellate Review Is De Novo, IX-1310.
Every Word Should Be Given Its Intended Meaning & Effect, IX-1311.
Intent of the Voters Is the Polestar For Initiatives, IX-1312.
Plain Meaning of Ordinary Words Is the First Consideration, IX-1313.
Due Process (See Also CONSTITUTION (U.S.)) —
AHCA Alternative & Voluntary 408.7057 Dispute Resolution Process Found Not to Violate, IX-1314.
Denial of May Be Challenged For the First Time On Appeal, IX-1315.
Equality In Opportunity to Be Heard — Permit — Numerous Members of Third Party Association/Protestants, IX-1316.
Fact Findings Must Be Specific & Support the Ultimate Decision, IX-1317.
Includes Prohibition On Ex Post Facto Laws, IX-1318.
Not a Technical Concept With a Fixed Concept Unrelated to Time, Place & Circumstances, IX-1319.
Procedural Due Process Protections — Examined, IX-1320.
Procedural Due Process Protections — Flexible Depending On What the Particular Situation Demands, IX-1321.
Substantive — Requires Proof of a Retroactive Impairment of a Substantive Vested Right, IX-1322.
Executive Branch —
Office of Fiscal Accountability & Regulatory Reform Found to Have Improperly Usurped Legislative Rulemaking Power —
Executive Orders 11-01 & 11-72 Found Unconstitutional By the Supreme Court, IX-1323.
Supreme Executive Power Clause Does Not Trump Separation of Powers Doctrine, IX-1324.
Governor (See GOVERNOR)
Impairment of Contract —
Legislative Revisions to State Retirement System Found to Constitute, IX-1325.
Must Be Substantial, IX-1326.
Lobbying Found Not to Constitute the Practice of Law, IX-1327.
Regulation of Lobbyists Upheld Against Facial Constitutional Challenge, IX-1328.
Presumptions (See Also PRACTICE & PROCEDURE) —
Found Not Created, IX-1329.
Three (3) Part Test For Validity of, IX-1330.
When Appropriate Discussed, IX-1331.
Right to Jury Trial —
Alternative & Voluntary 408.7057 Dispute Resolution Process Found Not to Violate, IX-1332.
Rules (See RULES & RULEMAKING, Constitutional Challenge)
Separation of Powers —
As a Brake On Judicial Power — Examined In Regard to Injunctive Relief, IX-1333.
Every Governmental Activity Need Not Be Classified As Belonging Exclusively to a Single Branch of Government, IX-1335.
Executive Orders 11-1 & 11-72 Usurping Legislative Rulemaking Authority Found to Offend, IX-1336.
Founded On Mutual Respect of the Three (3) Branches of Government, IX-1337.
Nondelegation of Legislative Powers Doctrine Is a Corollary of (See Also Statutes), IX-1338.
The Constitution Does Not Exhaustively List Each Branch’s Powers, IX-1339.
Two (2) Fundamental Prohibitions Examined, IX-1340.
Statutes (See Also STATUTES, Constitutionality) —
As-Applied Challenge — Issue Found Not to Be Ripe, IX-1341.
As-Applied Challenge — Issue Must Be Preserved Below, IX-1342.
Ex Post Facto Laws (See Also Due Process) —
Prohibition Against Applies Only to Penal Not Regulatory Laws Designed to Protect the Public, IX-1343.
Facial Validity — Issue Need Not Be Preserved Below, IX-1344.
Facial Validity — Procedure For Evaluating, IX-1345.
Judicial Deference Is Circumscribed By the Constitution, IX-1346.
Non-Delegation of Legislative Powers —
Alternative & Voluntary 408.7057 Dispute Resolution Process Found Not to Violate, IX-1347.
Incorporation of Federal Law By Reference Is Limited to Current – Not Future – Enactments, IX-1349.
Presumed to Be Constitutional, IX-1350.
Proper Party —
Agency or Department Head Charged With Enforcement, IX-1351.
Failure to Join Results In Dismissal, IX-1352.
Failure to Name Any Proper Party Requires Dismissal of the Suit, IX-1353.
Governor, Speaker of the House & President of the Senate Found Not to Be Proper Parties, IX-1354.
Individual Legislators Are Not Proper Parties, IX-1355.
Is the State Official Designated to Enforce the Statute, IX-1356.
Small Violations of the Constitution Cannot Be Distinguished From Large Ones, IX-1357.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Jurisdictional Issue That Cannot Be Conferred By Consent of the Parties, IX-1358.
Party Prevailing On the Merits Cannot Bring Related Constitutional Challenges, IX-1359.
Taxation (See REVENUE, Dept. of (DOR), Constitutional Challenges)
Vagueness (See Also RULES & RULEMAKING) —
Statute — Found Not to Violate Prohibition On, IX-1360.
Test For — Examined, IX-1361.
Commerce Clause —
Florida Corporation Income Tax Provision Which Subtracts Foreign Dividends, IX-1362.
Due Process (See Also CONSTITUTION (Fla.)) —
Reasonable Relationship Test — Examined, IX-1363.
Equal Protection Clause —
Absent a Suspect Classification, Substantive Due Process & Equal Protection Analysis Are Essentially the Same, IX-1364.
Rational Basis Test — Discussed & Applied, IX-1365.
Suspect Class — Strict Scrutiny, IX-1366.
Fifth Amendment —
Right Against Self-Incrimination Found Applicable to an Administrative Action — Waiver of Discussed, IX-1367.
Appeal Dismissed For Lack of Standing After Bd. Maintains That Appellant Is Currently Not Subject to Discipline, IX-1368.
Bd. Revocation Assailed For Failure to Serve Copy of Order to Incarcerated Licensee — Affirmed, IX-1369.
Bd. Revocation Despite Issue As to the Adequacy of Notice Reversed, IX-1370.
Agency Has Wide Discretion In Soliciting & Accepting Competitive Proposals, IX-1371.
Appellate Review Is De Novo, IX-1372.
Arbitrary Agency Action Defined, IX-1373.
Bid Specifications —
Bids Must Strictly Adhere to, IX-1374.
Challenge to Rejected As Untimely, IX-1375.
Failure to Timely Challenge Operates As a Waiver, IX-1376.
Timely Specifications Protest Is Required For Any Material Deviation, IX-1377.
Untimely Challenge to Operates As a Waiver, IX-1378.
Rejection of All Bids — Determined By DOAH to Be Arbitrary, IX-1379.
Rejection of All Bids — If Process Is Confusing Or Ambiguous, IX-1380.
Rejection of All Bids — Protest, IX-1381.
Bid Bond Distinguished From Performance Bond, IX-1382.
Failure to Post, IX-1383.
Found to Be Deficient, IX-1384.
Rating of Bonding Entity, IX-1385.
Requirement For Found to Be Constitutional, IX-1386.
Capricious Action (See Protest; RULES & RULEMAKING, Arbitrary & Capricious) —
Children & Families —
Management of Substance Abuse & Mental Health Services In Broward County, IX-1387.
Remote Data Capture Interface — Florida State Families Network System, IX-1388.
Reroofing of Buildings In Miami, IX-1389.
Secretary Orders Contract & Procurement Employees to Receive Proper Training After Sunshine Law Violation, IX-1390.
Community Affairs —
Protest Dismissed Due to Deficiencies In Petition & Bond, IX-1391.
Contrary to Competition Analysis, IX-1392.
Elder Affairs —
Bid Protest Denied On Basis That Alliance For Aging Inc. Is Not An “Agency”, IX-1393.
Environmental Protection (DEP) (See Also Internal Improvement Trust Fund) —
Road & Bridge Work At Bald Point State Park, IX-1394.
Roof Repairs On Building At Hugh Taylor Birch State Park, IX-1395.
Evaluation Team Found to Have Violated the Sunshine Law, IX-1396.
Executive Order Suspending Procurement Statutes & Rules Due to An Impending Hurricane —
Remedy For Alleged Misuse of Emergency Powers By An Agency Head Is Unclear, IX-1397.
Highway Safety & Motor Vehicles (HSMV) —
Printing & Distribution of Fla. Driver’s Handbook —
Circuit Court Judgment Finding Right to Unilaterally Renew Reversed, IX-1398.
Grant Award to Gadsden County Tobacco Free Partnership — Protest — 120 Challenge Found Not Available, IX-1399.
Mobile Hospital Systems —
Challenge to No Bid Purchase Order During Executive Order Suspending Procurement Statutes & Rules Due to An Approaching Hurricane Affirmed, IX-1400.
Health Care Administration —
Comprehensive Utilization Management Program Inpatient Medical & Surgical, IX-1401.
Medicaid — Enrollment Broker Service, IX-1402.
Medicaid — Prior Authorization of Inpatient Medical & Home Health Services —
AHCA Denial of Protest On Basis That 287 Was Inapplicable Reversed Due to Insufficient Fact Finding, IX-1403.
Internal Improvement Trust Fund —
Mitigation Bank Using State Lands Without Bidding, IX-1404.
Invitation to Negotiate —
Agency Is Not Required to Choose the Lowest Bidder, IX-1405.
Statutory Framework Governing Examined, IX-1406.
Juvenile Justice —
Community-Based Intervention Services Program For Youth In Brevard County, IX-1407.
Facility-Based Day Treatment Program In Dade County, IX-1408.
Intensive Delinquency Diversion Services In Broward County, IX-1409.
Intensive Delinquency Diversion Services In Palm Beach County, IX-1410.
Material Irregularities (See Also Minor Irregularities) —
Defined & Discussed, IX-1411.
Meeting Conducted For Fact Findings Is Not Subject to the Sunshine Law, IX-1412.
Minor Irregularities (See Also Material Irregularities) —
Defined & Discussed, IX-1413.
Naming of Parent Rather Than Subsidiary, IX-1414.
APA (120) Governs All Protests, IX-1415.
Agency Claim of Exemption From 287 Rejected On Basis of Inadequate Fact Finding, IX-1416.
Allegations In Petition Taken As True, IX-1417.
Bidder Has No Constitutionally Protected Property Interest, IX-1418.
Bond Requirement (See Bond) —
Bond Found to Be Deficient, IX-1419.
Burden of Proof —
Clearly Erroneous — Defined & Discussed, IX-1420.
Clearly Erroneous, IX-1421.
Preponderance of the Evidence, IX-1422.
Petition Found to Be Deficient, IX-1423.
Standard of DOAH Review —
Arbitrary & Capricious — Defined & Discussed, IX-1424.
Arbitrary & Capricious — Three (3) Part Test For, IX-1425.
Arbitrary Agency Action — Discussed, IX-1426.
Capricious Action — Discussed, IX-1427.
Clearly Erroneous — Defined & Discussed, IX-1428.
Contrary to Competition — Defined & Discussed, IX-1429.
DOAH Deference to Preliminary Agency Action — Discussed, IX-1430.
DOAH May Consider New Evidence, IX-1431.
DOAH Must Conduct a De Novo Hearing On a Protest, IX-1432.
DOAH Review Stops At Point of Posting of Bid Award, IX-1433.
De Novo Hearing Is Not Necessarily As Comprehensive As Other 120.57(1) Proceedings, IX-1434.
Intra-Agency Hybrid of Appellate Review, IX-1435.
Solely to Ascertain Fraudulent, Arbitrary, Illegal or Dishonest Agency Action, IX-1436.
Terms Clearly Erroneous, Arbitrary & Capricious Are Review Standards Rather Than Standards of Proof, IX-1437.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Challenge to Sole Source Contract, IX-1438.
Nonresponsive Bidder Does Not Have, IX-1439.
Ranking Less Than Second Limits, IX-1440.
Second Lowest Bidder Has — Third Lowest Bidder Lacks, IX-1441.
Substantial Interest Defined, IX-1442.
Two (2) Prong Test, IX-1443.
Zone of Interest Test Found Not Satisfied, IX-1444.
Stops Bid Solicitation Process, IX-1445.
Time Limits —
Strictly Construed, IX-1446.
Purpose Behind Competitive Private Bids — Discussed, IX-1447.
Rejection of All Bids —
Agency Is Not Precluded From Initiating a New Invitation to Bid, IX-1448.
Standard Governing Review of, IX-1449.
Renewal of Contract Found to Require Bilateral Approval, IX-1450.
Request For Proposals (RFP) —
Failure to Timely Protest RFP Provisions, IX-1451.
State Retirement System —
Legislative Assessment of Reasonableness & Necessity Does Not Authorize Violation of a Contract With State Employees, IX-1452.
Voluntary Contract —
Termination of Found Not Cognizable Pursuant to 120, IX-1453.
Contract — Bid — Protest —
DOC Dismissal of Bid Protest As Untimely Reversed —
Service With Security Guard Treated As Service On Clerk Whose Office Was Inaccessible, IX-1454.
Development Order —
Statutory Extension of Expiration Date Discussed, IX-1455.
Impact Fees —
Circuit Court Denial of Motion to Dismiss Challenge to 163.3180(5) Quashed — Burden of Proof In Challenge to —
Speaker of House and Senate President Found Not to Be Proper Parties, IX-1456.
Land Development Code —
Cannot Conflict With the Comprehensive Plan, IX-1457.
Implements the Comprehensive Plan, IX-1458.
Land Development Regulation Defined, IX-1459.
Permit (See Also PERMITS) —
Agritourism Activities Exemption Found to Be Inapplicable, IX-1460.
Purpose of Examined, IX-1461.