86 Declaratory Judgment Caselaw Is Applicable, IX-1462.
Question As to Whether It Is Permissible to Diagnose & Treat Patients Via Online Communication Such As High Definition Images & Real Time Consultations, IX-1463.
Question As to Whether Recommending Herbal Therapies & Homeopathic Remedies Via Online Consultations Is Permissible, IX-1464.
Agriculture & Consumer Services —
Florida Price Gouging Law —
Question As to Propriety of Major Gasoline Distributor Utilizing the Gulf Regional Platts Index For Pricing — Dept. Dismissal of Petition Reversed, IX-1465.
Question As to Propriety of Major Wholesale Gasoline Distributor Utilizing the Gulf Regional Platts Index For Pricing — Dept. Dismissal of Petition Reversed, IX-1466.
Order on Motion For Clarification: ExxonMobil Oil Corp. v. State of Fla., et al., IX-1467.
Children & Families —
Question As to Impact of Licensing Sanctions On Contract With Early Learning Coalition to Provide Subsidized Child Care Services, IX-1468.
Summer Day Camp Programs — Screening Requirements For Employees & Volunteers, IX-1469.
Acupuncture Injection Therapy — Board Declines to Address Previous Statements Finding the Practice Outside the Scope of Chiropractic, IX-1470.
Beautiful Image Model — Use of Found Not to Fall Within Scope of Chiropractic, IX-1471.
Propriety of Providing Nutritional Services & Counseling, Herbal Supplements, Natural Foods & Over-the-Counter Food Supplements, IX-1472.
Question Regarding Authority to Manually Reduce a Shoulder Dislocation, IX-1473.
Question Regarding Propriety of Contract With Mobile Diagnostic Medical Clinic Performing Physical Performance Testing At a Referring Physician’s Clinic, IX-1474.
Clinical Laboratory Personnel —
Question As to Whether Clinical Laboratory Personnel Licensure Is Required For Gross Examination of Specimens In An Histology Lab, IX-1475.
Question As to Whether Unlicensed Personnel Can Create a Slide For Cytology Procedures, IX-1476.
Question As to Whether Unlicensed Personnel Can Place a White Blood Specimen Into a Biosite Triage Testing Cartridge, IX-1477.
Question As to Whether a Florida Licensed Cytotechnologist Can Perform Cerivista HPV HR & Genfind DNA Extraction Kit (Manual Procedure) & Digene Capture 2 High-Risk HPV DNA Tests, IX-1478.
Question As to Whether a Supervisor In Specialty of Molecular Pathology Can Work Up & Sign Out Conventional Cultures, IX-1479.
Question As to Whether a Supervisor Must Have An Academic Science Degree, IX-1480.
Question As to Whether the Performance of Hemoglobinopathy Is Within the Scope of Practice of a Supervisor Licensed Only In the Specialty of Clinical Chemistry, IX-1481.
Question As to Which of a List of Various Tests Require a License — Petition Denied, IX-1482.
Community Affairs —
Question As to Whether a DRI Has Obtained Local Approval & Has Commenced & Is Continuing In Good Faith — Petition Denied, IX-1483.
Question As to the Status of Charter Schools With Respect to School Concurrency and the Public Schools Element of the Local (Homestead) Comprehensive Plan — Petition Denied, IX-1484.
Question As to the Vested Rights Status of a DRI Located In Hernando County From the County, IX-1485.
Environmental Protection —
Homeowners Assoc. Questions Prohibition On Application of Roof Coating With An Alleged “Energy Star” Rating, IX-1486.
Local Mangrove Trimming & Alteration Program —
Question As to Applicability of 120, IX-1487.
Public Road —
Operation & Maintenance of Unpaved Road Constructed or Maintained With Materials or Methods Not Approved By FDOT — Petition Denied, IX-1488.
Sovereignty Submerged Lands — Third Party Request to Survey & Identify Boundaries of For a Proposed Project, IX-1489.
Trimming of Mangroves Under a General Permit —
Absence of Determination of Mean High Water Line — Petition Denied, IX-1490.
Zero Emissions Sanitary Combustion Technology Found Not Exempt From Permitting Per Se, IX-1491.
Propriety of Pet Therapy Dog In a Dental Office, IX-1492.
Question As to Whether a Dentist Can Perform HgAIC Diabetes Screening & Whether the Finger Prick For An AIC Test Can Be Delegated to Auxiliaries, IX-1493.
Dietetics & Nutrition Practice Council —
Propriety of Practicing Under the Direct Supervision of An M.D. As a “Health Advisor” — Petition Denied, IX-1494.
Financial Regulation —
Ethical & Fee Limitations For Public Adjusters —
Third Party Appeal Dismissed For Lack of Standing, IX-1495.
Health (See Also Medical Quality Assurance (MQA) Boards: By Board Name) —
Ambulance Service —
Certificate of Public Convenience & Necessity — Transport Between Counties Using Various Aircraft Examined, IX-1496.
Driver Charged With Reckless Driving — Plea With Adjudication Withheld — Personal Vis. Other Vehicle, IX-1497.
District Medical Director —
Authority of District to Limit Medical Director Authority By Requiring Third Party Training Requests Found Lacking — Petition Otherwise Denied, IX-1498.
Drug Wholesaler —
Record Keeping Requirements For Prescription Drugs Sold to or Returned By a Health Care Clinic Establishment, IX-1499.
Drugs, Devices & Cosmetics Program —
Question As to Propriety of Transfer of Prescription Drugs to Branch Health Care Clinic — Wholesale Distribution — Petition Denied, IX-1500.
Medical Oxygen Retail Establishment Found Not Authorized to Distribute to Any Person Other Than a Patient With a Prescription, IX-1501.
Pain Management Clinic —
Corrected Final Order: Florida Medical Assoc., Inc., IX-1502.
Exemption From Registration Requirement Found to Be Inapplicable, IX-1503.
Question As to Whether Certain Advertisements Would Require Registration As a Clinic, IX-1504.
Question As to Whether a Physician Must Register His Practice As a Pain Management Clinic, IX-1505.
Requirement For Registration of a Pain Management Clinic Under Various Advertising Scenarios, IX-1506.
Prescription Drug Distributor — Reverse Distributor —
Documentation Regarding Returns of Controlled Substances, IX-1507.
Prescription Drug Wholesaler —
Authority to Sell to Unlicensed Health Care Clinic Establishment, IX-1508.
Question As to Whether DH Form 219 Is to Be Used For Prescription Drugs That Have Not Been Repackaged, IX-1509.
Question As to Whether a Hospital or Other Health Care Entity Can Transfer Prescription Drugs Paid For But Not Physically Possessed to a Prepackager, IX-1510.
Septic Tank —
Authority of Dept. to Inspect Residential Septic Tanks Over Property Owner’s Objection, IX-1511.
Health Care Administration (AHCA) —
Clinical Lab — Ability to Provide Physicians With “Free” Specimen Cups, Testing On Site & Personnel to Assist In Testing — Proposals Found Prohibited, IX-1512.
Clinical Lab — Offering of Discounts to Skilled Nursing Facilities — Certain Discounts Found Authorized — Petition Denied In Part, IX-1513.
Clinical Lab — Proposal to Provide Clerical Representative In Physician Offices In Order to Obtain Information —
Petitioner’s Withdrawal of Petition Acknowledged, IX-1514.
Health Care Clinic — Question As to Whether a Proposed Transfer of Stock Constitutes a “Change of Ownership”, IX-1515.
Home Health Agency — Question As to What Constitutes ‘Identical Controlling Interests’ For the Purpose of Determining the Number of Home Health Agencies a Single Administrator Can Serve, IX-1516.
Medicaid — Interpretation of the Term ‘Payment-In-Full’ For Purposes of Determining Whether a Provider Can Charge For Services Generally Covered But Not Paid Under Certain Circumstances, IX-1517.
Medicaid — Provider — Entitlement to Interest On Late Payment From AHCA — Petition Denied, IX-1518.
Medicaid — Question As to Whether Providing Customers With Option to Purchase Upgraded Wheelchairs At Their Own Marginal Expense Is Allowable, IX-1519.
Highway Safety & Motor Vehicles (HSMV) —
Driver’s License Suspension Due to Non-Payment of a Fine —
Indefinite Suspension Does Not Constitute a Revocation, IX-1520.
No Collateral Attack On Judicial Action Before Dept. Is Allowed, IX-1521.
Question As to the Applicability of Restrictions On Ownership of Motor Vehicle Dealerships By Companies Related to But Not Controlled By the Manufacturer (Toyota), IX-1522.
Internal Improvement Trust Fund (See Environmental Protection)
Massage Therapy —
Insurer Questions Osteopathic Physicians Employ of Massage Therapist & Questions the Scope of Practice — Petition Denied, IX-1523.
Licensure — Question As to Whether Physical Therapy Clinical Hours Earned At a Community College May Substitute For the Required Massage Therapy Clinical Hours, IX-1524.
Propriety of Reflexology Practice Without a License, IX-1525.
Propriety of Reiki Technique At Church Involving Touch Without Compensation, IX-1526.
Question As to Authority to Delegate to Unlicensed But Supervised Personnel, IX-1527.
Question As to Whether An Establishment License Covers All Licensees In a Clinic, IX-1528.
Question As to Whether Mechanical Intersegmental Traction Is Within the Scope of Practice, IX-1529.
Question As to the Formal Sequence For Obtaining Less Than a Required 24 Hours of Continuing Education, IX-1530.
Question As to the Requisite Supervision When Electrical Muscle Stimulation Is Performed, IX-1531.
Question Related to the Cosmetology Practice Act — Petition Denied, IX-1532.
Authority of Medical Assistants to Provide IV Infusion Therapy to Patients, IX-1533.
Dietetics & Nutrition Practice Council —
Petition Denied Because Question Is Too General & Petition Lacks Sufficient Details, IX-1534.
Statutory Requirement That Dietary Plans May Not Be Implemented Without An Order From the Referring Physician — Denied, IX-1535.
Propriety of Provider Organized As An Occupational Health Care Group Practice Creating An Incentive Program Based On Net Profit, IX-1536.
Question As to Whether 458.3145 Allows Medical Faculty Certificates to Be Held By Physicians Employed By the Moffitt Center So Long As They Have An Approved Faculty Appointment, IX-1537.
Question As to Whether An Investor Who Is An Immediate Family Member (Spouse) Should Be Imputed to the Entire Physician Group or Its Staff, IX-1538.
Question As to the Responsibility of a Physician to Retain & Provide Access to Patient Medical Records After He Closes His Practice, IX-1539.
Authority of Clinical Nurse Specialist to Evaluate Another Employee Who Became Agitated & Suicidal While At Work, IX-1540.
Authority of Registered Nurse Dually Accredited As A Board Certified Clinical Nurse Specialist In Adult Psychiatric Mental Health & Nurse Practitioner to Diagnose Patients Without a Protocol or Supervising Physician, IX-1541.
Authority of Registered Nurse or Practical Nurse to Perform Skin Cancer Screening, IX-1542.
Authority of Registered Nurse to Insert a Peripheral Intravenous Line (IV) Into the External Jugular Vein When Other Means of Peripheral IV Access Are Difficult or Not Feasible In An Emergency Room, IX-1543.
Authority of Registered Nurse to Perform Standard Venipuncture to Collect Blood Samples Pursuant to a Standing Order, IX-1544.
Authority of Registered Nurse to Practice Lymphoedema Therapy Under Supervision, IX-1545.
RN Questions Requisite Training & Education to Become “Certified” — Petition Denied, IX-1546.
Authority of Optician to Oversee a Trained Person Dispensing Optical Devices, IX-1547.
Authority to Dispense Ready-Made Non-Prescription Glasses For Reading, IX-1548.
Duty When Patient Orders a Quantity of Contact Lens Just Prior to Expiration Date of Prescription — Petition Denied, IX-1549.
Duty of Licensee to Preserve Prescription Files After Death — Petition Denied, IX-1550.
Question As to Whether the Requirement For a Written Prescription to Be Kept On File Means the Original or a Copy — Petition Denied, IX-1551.
Questions Regarding What Constitutes “Optical Dispensing” — Petition Denied, IX-1552.
Petition Denied As Deficient, IX-1553.
Question As to Propriety of Association With Anti-Aging Physicians — Petition Denied, IX-1554.
Question As to Propriety of Use of a Remote Medication System In a Nursing Home — Petition Denied, IX-1555.
Question As to Whether Certain Practices Constitute “Wholesale Distribution” — Petition Denied, IX-1556.
Question As to Whether Hospital Pharmacy Can Enlist Its Information Technology (IT) Dept. to Assist In Programming of Automatic Dispensing Machines, IX-1557.
Question As to Whether Hospital Pharmacy Would Need to Obtain a Class I Institutional Permit to Open a Skilled Nursing Unit —
Such a Permit Found Not Required, IX-1558.
Question As to Whether Hospital Wound Care Center Would Require Separate Pharmacy Permit, IX-1559.
Question As to Whether Pharmacy Technicians May Compound In the Retail Setting, IX-1560.
Question As to Whether a Wholesale License Is Required For a Pharmacy to Sell Compounded Prescriptions Directly to Physicians or Hospitals, IX-1561.
Question From Retail Store Regarding Whether Its Pharmacists Can Provide Non-Dispensing Functions to Patients In a Separate Room From the Pharmacy Dept., IX-1562.
Question Regarding the Distribution of a Previously Dispensed Prescription Drug — Petition Denied, IX-1563.
Physical Therapy Practice —
Continuing Education Requirement — Director of a Clinical Education Program, IX-1564.
Prohibition On Referrals From Advanced Nurse Practioners, IX-1565.
Propriety of Physical Therapist Removing Staples From a Patient, IX-1566.
Question As to the Proper Scope of Delegation to Unlicensed Personnel, IX-1567.
Question As to Propriety of Offering a Tetanus Booster While Treating Chronic Non-Healing Lower Extremity Wounds, IX-1568.
Question As to Whether the Closure Procedure Known As Endovascular Obliteration Is Within the Scope of Practice, IX-1569.
Question As to Whether the Practice of Hyperbaric Oxygen For Wound Care of the Foot, Ankle & Leg Is Within the Scope of Practice, IX-1570.
Authority of a Doctoral Level Psychologist to Use the Terms “Psychological Evaluation,” “Psychological Assessment” & “Psychodiagnostic” — Petition Denied, IX-1571.
Authority of a Psychologist Providing Family Therapy to Provide Records to An Estranged Couple — Petition Denied, IX-1572.
Authority of a School Psychologist to Carry Out Evaluations & Assessments of Autistic Children, IX-1573.
Authority of a School Psychologist to Perform a Personality Assessment For Vocational Rehabilitation Clients Found, IX-1574.
Authority of Out-of-State Licensee to Provide Services At a Prison, IX-1575.
Question As to Whether the Specific Course “Applied Behavioral Analysis” Would Fulfill the Continuing Education Requirements, IX-1576.
Petition Denied — Bd. Cannot Interpret Rules of the Board of Medicine, IX-1577.
Question As to Whether a Licensee Can Hold Oneself Out As Certified In Biofeedback, IX-1578.
Question Regarding Perceived Conflict Between 490.012 & 491 — Petition Denied, IX-1579.
Purpose of —
Utilized to Correct a Previous Erroneous Declaratory Statement, IX-1581.
Requirements For —
Actual Controversy, IX-1582.
Applicable Statutory Provisions Must Be Specified, IX-1583.
Cannot Be Utilized As a Substitute Mechanism For Another Specific Adequate Legal Remedy, IX-1584.
Cannot Be Utilized to Clarify Clear & Unambiguous Statutory Provision, IX-1585.
Cannot Be Utilized to Determine Applicability of a Criminal Provision, IX-1586.
Cannot Be Utilized to Determine Constitutional Questions, IX-1587.
Cannot Be Utilized to Determine Matters Pending In Judicial Proceeding, IX-1588.
Cannot Be Utilized to Determine Propriety of Conduct By Third Parties, IX-1589.
Cannot Be Utilized to Determine Propriety of Conduct That Has Already Occurred, IX-1590.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, IX-1591.
Cannot Be Utilized to Interpret Federal Law, IX-1592.
Cannot Be Utilized to Interpret Local Development Orders or Ordinances, IX-1593.
Cannot Be Utilized to Interpret Local Ordinance, IX-1594.
Cannot Be Utilized to Interpret Statutes Outside the Agency’s Jurisdiction, IX-1595.
Must Be Based On Narrowly Drawn & Unique Set of Facts, IX-1596.
Must Be Based On Prospective Course of Action, IX-1597.
Not Available When Issue Is Pending In Judicial Proceeding, IX-1598.
Pending Investigatory Subpoena Alone Does Not Preclude Issuance of, IX-1599.
Purpose of — Examined, IX-1600.
Question Cannot Be Speculative, IX-1601.
Specific Facts & Circumstances Must Be Set Forth, IX-1602.
Supreme Court Has Broadened the Availability of —
Applicability Beyond the Instant Petitioner Is Not Dispositive, IX-1603.
Respiratory Therapy —
Petition Denied As Requesting a Statement of General Applicability, 34:1849-1850.
Request For Clarification of Credentialing Designations For Certified & Registered Respiratory Therapists, IX-1604.
Question As to Whether a Taxpayer May Decline to Provide a Social Security Number On Religious Grounds — Petition Dismissed, IX-1605.
Sales Tax —
Mobile Home Purchase — Pro Rated Lot Rent — DMV Title Fee — Title Transfer Fee — Pest Inspection — Financing Fee — Administrative, IX-1606.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Association — Found Lacking, IX-1607.
Found Lacking, IX-1608.
Limited to Petitioner In Their Particular Set of Circumstances Only, IX-1609.
Standards Governing Examined, IX-1610.
Substantially Affected Test, IX-1611.
Third Party — Examined & Found Lacking, IX-1612.
Declaratory Statement (See DECLARATORY STATEMENTS)
Emergency Suspension —
Aiding & Abetting Unlicensed Personnel, IX-1613.
Altering Dental Records, IX-1614.
Billing For Dental Services Not Rendered, IX-1615.
Controlled Substances — Prescription Other Than In Course of a Professional Practice, IX-1616.
Criminal Charge — Illegal Use of Force/Assault & Battery On Person Over 65/Grand Theft/False Imprisonment, IX-1617.
Criminal Charge — Unlicensed Practice of Dentistry, IX-1618.
Failure to Keep Requisite Written Records, IX-1619.
Falsification of Patient Records, IX-1620.
Fraudulent Conduct, IX-1621.
Improper Delegation of Duties, IX-1622.
Obtaining Controlled Substances (Hydrocodone) By Fraud, IX-1623.
Operating Outside Scope of License, IX-1624.
Unacceptable Level of Care, IX-1625.
Failure to Keep Requisite Written Records, IX-1626.
Fraudulent Conduct, IX-1627.
Unacceptable Level of Care, IX-1628.
Vicarious Liability For Misconduct of Independent Contractor/Dentists, IX-1629.
Challenge to Grading of Clinical Portion, IX-1630.
Declaratory Statement (See DECLARATORY STATEMENTS)
Bankruptcy Proceeding Does Not Stay An Administrative Disciplinary Proceeding, IX-1631.
Multiple Count Complaint, IX-1632.
Charges Outside of Cannot Be Prosecuted, IX-1633.
Foreign License Holder — Language Requirements, IX-1634.
Multiple Counts — Found Contrived From Single Act, IX-1635.
Must Give Adequate Notice of Assailed Conduct, IX-1636.
Must Give Notice of Applicable Rules, IX-1637.
Requisite Specificity Is Less Than For a Criminal Information, IX-1638.
Service of Notice of —
Adequacy of Service — Issue Regarding — Revocation Reversed, IX-1639.
Criminal Charges —
Moral Turpitude —
Defined & Discussed, IX-1640.
Leaving the Scene of An Accident With Injury, IX-1641.
Multiple Counts, IX-1642.
Criminal Conviction —
Analysis of Whether an Out-of-State Criminal Would Constitute a Fla. Felony Examined, IX-1643.
Arrest & Booking Report Possibly Admissible Under Business Records Exception — Personal Knowledge Required, IX-1644.
Discipline Is Not Stayed By Appellate Review or Collateral Challenges, IX-1645.
Medicaid Fraud/Mail Fraud/Identity Theft, IX-1646.
Not Conclusive Proof of Underlying Facts, IX-1647.
Not to Be Retried Administratively, IX-1648.
Relationship to Profession Construed, IX-1649.
Criminal Plea —
Adjudication Withheld — Effect of, IX-1650.
Create a Rebuttable Presumption of a Conviction, IX-1651.
Does Not Constitute An Admission of Guilt or Direct Evidence of Guilt, IX-1652.
Does Not Constitute a Conviction, IX-1653.
Guilty Plea As Proof of Underlying Facts, IX-1654.
Guilty Plea Is Equivalent to a Conviction, IX-1655.
Licensee Must Be Given a Chance to Explain the Circumstances Surrounding the Plea, IX-1656.
Not Conclusive Proof of Underlying Facts, IX-1657.
Plea Without Adjudication of Guilt Can Be Treated As a Conviction, IX-1658.
To Lesser Included Offense — Not Dispositive, IX-1659.
Underlying Criminal Case Does Not Get Relitigated, IX-1660.
Exacerbating Factors (See Also Mitigating Factors) —
Controlled Substance Violation, IX-1661.
Death of Patient, IX-1662.
Dishonesty In Professional Dealings, IX-1663.
Failure to —
Accept Responsibility, IX-1664.
Correct Deficiencies, IX-1665.
Pay Administrative Fine, IX-1666.
Take Responsibility, IX-1667.
False Statements, IX-1668.
Fraudulent Conduct, IX-1669.
Harm to Dependent Patient/Client, IX-1670.
Harm to Public, IX-1671.
Intentional Misconduct, IX-1672.
Lack of Candor, IX-1673.
Lack of Remorse, IX-1674.
Multiple Count Complaint, IX-1675.
Multiple Counts Found Established, IX-1676.
Pecuniary Gain, IX-1677.
Potential Harm to Patient, IX-1678.
Previous Discipline, IX-1679.
Refusal to Acknowledge Wrongdoing, IX-1680.
Repetitious Misconduct, IX-1681.
Violation of Previous Order, IX-1682.
Fraudulent Conduct —
Actual Injury Need Not Be Shown, IX-1683.
Circumstantial Evidence Is Frequently Utilized In Lieu of Direct Evidence, IX-1684.
Intent Is An Essential Element, IX-1685.
Sloppy Record-Keeping Distinguished From, IX-1686.
Three (3) Part Test For, IX-1687.
Proof of Examined, IX-1688.
Mitigating Factors (See Also Exacerbating Factors) —
Absence of —
Actual Harm to Public, IX-1689.
Clear Agency Guidelines, IX-1690.
Impairment to Performance, IX-1691.
Negligence or Incompetence, IX-1692.
Pecuniary Benefit, IX-1693.
Previous Discipline — After Many Years of Service, IX-1694.
Previous Discipline, IX-1695.
Repeat Offense, IX-1696.
Willful Violation, IX-1697.
Acceptance of Full Responsibility For Misconduct, IX-1698.
Completion of Criminal Probation, IX-1699.
Completion of Life Improvement Courses While Incarcerated, IX-1700.
Confusion Over Legal Requirements, IX-1701.
Corrective Action During Difficult Economic Times, IX-1702.
Criminal Penalties In Parallel Case, IX-1703.
Dedication to Clients, IX-1704.
Dependent Children Living In the Household, IX-1705.
Distinguished Career, IX-1706.
Economic Hardships Compounded By the BP Oil Spill, IX-1707.
Effect of Severe Penalty On Livelihood, IX-1708.
Good Track Record As a Professional, IX-1709.
Handicapped Person Who Would Be Financially Devastated By Loss of Livelihood, IX-1710.
Health Problems, IX-1711.
Inability to Pay Fine, IX-1712.
Isolated Incident In Long Career, IX-1713.
Isolated Infraction, IX-1714.
Knowledgeable In Field, IX-1715.
License Is Free From Restrictions, IX-1716.
Licensee Has the Burden of Proof Regarding, IX-1717.
Medical Disabilities Affecting Ability to Make a Living, IX-1718.
Medical Problems, IX-1719.
Merely a Helper Not In Charge, IX-1720.
Misplaced Reliance On Employer, IX-1721.
Misunderstanding In Regard to Professional Responsibilities, IX-1722.
Misunderstandings Between Dept. & Licensee, IX-1723.
One (1) Count Complaint, IX-1724.
One (1) Occurrence, IX-1725.
One (1) of Four (4) Counts Found Proven, IX-1726.
Parallel Criminal Penalties, IX-1727.
Practice Closed, IX-1728.
Practice For Twelve (12) Years Without Incident, IX-1729.
Prompt Corrective Action, IX-1730.
Recent Release From Prison, IX-1731.
Recreational Vis. Commercial Activity, IX-1732.
Reliance On Erroneous Advice of Employer, IX-1734.
Seeking Therapy, IX-1736.
Senior Citizen With Limited Income, IX-1737.
Spouse Stricken With Cancer — Caregiver Responsibilities, IX-1738.
Terminal Illness, IX-1739.
Unintentional Violation, IX-1740.
Voluntary Cessation of Professional Practice Upon Receipt of Complaint, IX-1741.
Moral Character (See Also CERTIFICATE (Teaching) —
Good Moral Character — Discussed, IX-1742.
Penalty (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Agency Cannot “Stay”, IX-1743.
Determined On a Case-By-Case Basis, IX-1744.
Disciplinary Rules Are Strictly Construed, IX-1745.
Exceeding Statutory Guidelines Without An Adequate Explanation, IX-1746.
Bankruptcy — Active Case During Disciplinary Proceeding — Fine Dropped, IX-1747.
Denial of License Renewal — Non-Payment of Fines, IX-1748.
Found In Excess of Disciplinary Guidelines & Reversed, IX-1749.
Found Not Useful When Licensee Is Not Acting For Personal Gain, IX-1750.
Methods of Payment Need Not Be Specified, IX-1751.
Must Reasonably Allege Factual Basis, IX-1752.
Proposed Recommended Order Does Not Dictate, IX-1753.
Rule Guidelines —
Agency Duty When Exceeding Examined, IX-1754.
Agency Failure to Promulgate Rule Guidelines Mandated By Statute, IX-1755.
Stare Decisis (See PRACTICE & PROCEDURE, Stare Decisis)
Subject Matter Index Not Utilized When Determining, IX-1756.
Suspension — Excessive — Confession of Error, IX-1757.
Available But Not Imposed Due to Concerns About the Interests of Those Being Served, IX-1758.
Intended to Protect the Public Welfare, IX-1759.
Reversed On Basis of Insufficient Fact Findings & Questionable Denial of Faxed Request For Hearing As Untimely, IX-1760.
Found to Be a “Blunt Instrument”, IX-1761.
Vicarious Liability —
Analogous to Common Law Principles Governing Civil Liability, IX-1762.
Dentist/Independent Contractors, IX-1763.
Requisite Elements of Examined, IX-1764.
Requisite Statutory Basis For Examined, IX-1765.
Voluntary Relinquishment Pursuant to Settlement Agreement —
Foreign Language Problems, IX-1766.
Found to Be Fraudulent, IX-1767.
Willful Acts Defined & Discussed, IX-1768.
Criminal Plea — Battery On a Minor —
Permanent Revocation Reversed — 1012.795(1)(n) (2008) Not Be Applied Retroactively, IX-1769.
EPC Requirement For Counseling While On Probation As Enhancement of DOAH Recommended Penalty —
Reversed & Remanded Due to Failure to State Reasons With Particularity & Cite to the Record, IX-1770.
Revocation of Certificate — Affirmed & Reversed In Part, IX-1771.
Suicide Attempt At School, IX-1772.
Charter School —
1002.335 Declared Facially Unconstitutional —
State-Level Control Over Authorization of Charter Schools Rejected, IX-1773.
Class Size Maximum Found Inapplicable to, IX-1774.
DOE Denial of Exclusive Authority For Dade County to Sponsor Charter Schools Set Aside, IX-1775.
Defined & Discussed, IX-1776.
Exemption From Florida Education Code With Some Exceptions Examined, IX-1777.
Funding Formula Examined, IX-1778.
Private Schools, Parochial Schools & Home Education Programs Are Ineligible, IX-1779.
Public Schools That Are Part of State’s Program of Public Education, IX-1780.
Termination of Charter —
120 Procedures Found Inapplicable to “Immediate” Termination — Supreme Court Reverses 4th D.C.A., IX-1781.
Charter School Appeal Commission (CPAC) —
Explicitly Exempt From APA, IX-1782.
Refusal to Consider Evidence, IX-1783.
Role of Examined, IX-1784.
Decision of the State Bd. of Education Regarding Is Final, IX-1785.
Immediate Termination Distinguised From “Non-Emergency” Termination, IX-1786.
Severe Fiscal Mismanagement, IX-1787.
Class Size Amendment — Public Schools —
Polk County Found Not Constitutionally Prohibited From Funding, IX-1788.
Constitutional Challenge to Alleged Failure to Make Adequate Provision For Uniform, Efficient, Safe, Secure, and High Quality System of Free Public Schools —
Petition For Writ of Prohibition Challenging Circuit Court Denial of Motion to Dismiss Denied, IX-1789.
Div. of Blind Services —
Failure to Establish Eligibility Confirmed, IX-1790.
Div. of Vocational Rehabilitation —
Appeal of Closure of File Dismissed As Untimely, IX-1791.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IX-1792.
Applicant Has the Burden of Proof, IX-1793.
Back Injury, IX-1794.
Bipolar Disorder, IX-1795.
Chronic Spondylosis, IX-1796.
Congenital Deformities of Hand, Arthritis of Spine & Carpel Tunnel Syndrome, IX-1797.
Delay In Determination of Eligibility For Services, IX-1799.
Delusional Disorder, IX-1800.
Depression & Associated Mental Illness, IX-1801.
Depression & Assorted Chronic Physical Problems, IX-1802.
Dept. Has the Burden of Proof By Clear & Convincing Evidence When Denying Benefits, IX-1803.
Dept. Has the Burden of Proof By a Preponderance of the Evidence, IX-1804.
Dept. Has the Burden of Proof When Attempting to Close a Case File, IX-1805.
Div. Found to Have Complied With Terms of, IX-1806.
Eligibility Distinguished From Entitlement, IX-1807.
Failure to Appear At Hearing — Denied, IX-1808.
Failure to Cooperate With Div. — Denied, IX-1809.
Funds to Pay Additional Medical Services, IX-1810.
Funds to Pay For Certification In Computer Aided Technical Design, IX-1811.
Funds to Pay For College Tuition — Postgraduate Studies, IX-1812.
Funds to Pay For Laptop Computer — Denied, IX-1813.
Funds to Pay For Laptop Computer, IX-1814.
Funds to Pay For Training As a Barber, IX-1815.
Funds to Pay For Training As a Customer Service Representative, IX-1816.
Funds to Pay For Training As a Paralegal, IX-1817.
Funds to Pay For Training As a Television Producer, IX-1818.
Funds to Pay For Training to Obtain a Commercial Driver’s License, IX-1819.
Funds to Pay For Transportation Costs, IX-1820.
Funds to Pay For Veterinary Care of Service Dog — Granted, IX-1821.
Gainful Employment — Discussed, IX-1822.
Gainful Employment — Distinguished From Optimal Employment, IX-1823.
Grave’s Disease, Bilateral Carpel Tunnel Syndrome, Cervical Spondylosis, Pain & Hypothyroidism, IX-1824.
Idiopathic Developmental Disability, Spinal Disease, Degenerative Disc Disease, Neuropathy, Diabetes, Hypertension, PTSD, Dry Mouth Disease, Anemia & Pain, IX-1825.
Individual Plan of Employment (IPE) — Amendment of Denied, IX-1826.
Individual Plan of Employment (IPE) — Defined & Discussed, IX-1827.
Individual Plan of Employment (IPE) — Petitioner Has the Burden of Proof Regarding Specifics of, IX-1828.
Individual Plan of Employment (IPE) — Purpose of, IX-1829.
Individual Plan of Employment (IPE) — Services Outside of Cannot Be Provided, IX-1830.
Individual Plan of Employment (IPE) — Services Outside of Found Not Justified, IX-1831.
Individual Plan of Employment (IPE) — Should Encompass Oral Decisions of Administrators & Past Agreements, IX-1832.
Knee Injury, IX-1833.
Memory Loss — Long & Short Term, IX-1834.
Mental Health Problems, IX-1835.
Must Be Developed & Implemented For Each Eligible Individual, IX-1836.
Preexisting Condition Found, IX-1837.
Prior Authorization For Additional Services — Denied, IX-1838.
Purpose of This Program — Examined, IX-1839.
Refusal to Submit to Comprehensive Vocational Assessment, IX-1840.
Rehabilitation — Disability Determined to Be Too Severe, IX-1841.
Renal Disease — End Stage, IX-1842.
Request For Retraining — Additional Computer Training, IX-1843.
Request For Retraining — Denied, IX-1844.
Request For Retraining — Denied As Untimely, IX-1845.
Request For Retraining — GED Prep, Keyboarding, Computer Concepts — Denied, IX-1846.
Request For Retraining — Law School, IX-1847.
Request For Retraining — Prerequisite Training Found Improperly Withheld, IX-1848.
Request For Retraining, IX-1849.
Request to Remove Documents Pertinent to Substance Abuse & Psychological Problems From the File Denied, IX-1850.
Retraining — Termination For Good Cause — Denied, IX-1851.
Spinal Problems, IX-1852.
Suitable Employment Defined & Discussed, IX-1853.
Suitable Gainful Employment Defined, IX-1854.
Termination From Employment Found to Be For Cause, IX-1855.
Wrist Injury, IX-1856.
Scholarship Programs — Private School
Authority of Commissioner to Suspend Payment of Scholarship Funds Examined, IX-1857.
Burden of Proof When Suspending Payment — Preponderance of the Evidence, IX-1858.
Revocation of Eligibility Due to Failure to Maintain Current Fire Code Inspection Reports & Falsification of These Reports, IX-1859.
Alliance For Aging, Inc. —
Contract — Bid — Protest — Dept. Refusal to Refer to DOAH —
Denial of Petition For Writ of Mandamus Affirmed On Basis That the Alliance Was Not An “Agency”, IX-1860.
Final Order Imposes Discipline After An Allegedly Untimely Request For Hearing Results In An Informal Proceeding —
Letter From Licensee Found to Be a Timely Request For a Formal Hearing — Reversed & Remanded, IX-1861.
Final Order Denying Licensure Found to Improperly List a Basis For Denial — Affirmed & Remanded For Amended Final Order, IX-1862.
Rule Challenge —
DOAH Nonfinal Order Denying Bd. Motion to Quash Subpoena of a Board Member — Affirmed, IX-1863.
403.412(2) Examined, IX-1864.
2010 Amendments to the Verified List of Impaired Waters For the Group 1, 2 & 5 Basins, IX-1865.
2010 Verified List of Impaired Waters For the Group 2 Basin, IX-1866.
Consent Order —
Commercial Marina – Violations At, IX-1867.
Defined & Discussed, IX-1868.
Enforcement Discretion Explored, IX-1869.
Enforcement Discretion Includes the Decision to Pursue Enforcement In the First Instance, IX-1870.
Notice of Violation Need Not Be Issued Prior to a Case Being Settled, IX-1871.
Standard Governing Third Party Challenges Exhaustively Explored, IX-1872.
Third Party Cannot Challenge the Penalty, IX-1873.
Two (2) Classes of: License Or Permit & Resolution of Violations, IX-1874.
Contract (See CONTRACTS (Bids/Protests)
Declaratory Statements (See DECLARATORY STATEMENTS)
Emergency Final Order —
Authorization For Allowing Principal Forgiveness On Loans Funded By the American Recovery & Investment Act, IX-1875.
Authorization For Community Public Water Systems Made Necessary By Extensive Drought, IX-1876.
Authorization For OGC Actions For Community Public Water Systems Made Necessary By Extensive Drought, IX-1877.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Tropical Storm Fay — Second Amended Final Order, IX-1878.
Authorization For Repairs, Replacement, Restoration, and Certain Other Measures Made Necessary By Tropical Storm Fay, IX-1879.
Authorization For Repairs, Replacement, Restoration, and Certain Other Measures Made Necessary By Tropical Storm Fay — First Amended Order, IX-1880.
Authorization For Restoration & Certain Other Measures Made Necessary By Tropical Storm Ida, IX-1881.
Authorization For Salvage Operations Related to the Navy T-45 Goshawk Crash In Leon County, IX-1882.
Authorization For Suspension of Procurement & Travel Statutes, Rules & Orders Made Necessary By Tropical Storm Hanna, IX-1883.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Deepwater Horizon Oil Emergency, IX-1884.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Deepwater Horizon Oil Emergency — First Amended Order, IX-1885.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Hurricane Ida, IX-1886.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Severe Weather, IX-1887.
Authorization to Allow Discharge of Treated Process Wastewater & Repairs to the City of Hollywood’s Wastewater Outfall Line, IX-1888.
Authorization to Lower Inlet to Existing Modified Drainage Well Associated With the Lake Orienta Project — Granted, IX-1889.
PCS Phosphate White Springs Phosphoric Acid Fertilizer Manufacturing Facilities, IX-1890.
Exclusion Determination For Trivalent Chromium Waste —
Chromium-Containing Wastewater Generated From Chemical Cleaning of Electric Power Plant Steam Generators, IX-1891.
Final Order Adopting the Tampa Bay Nitrogen Management Consortium’s 2009 Reasonable Assurance Addendum: Allocation & Assessment Report, IX-1892.
Final Order Establishing the Lower St. Johns River Basin Management Action Plan, IX-1893.
Final Order Establishing the Lower St. Johns River Basin Tributaries II Basin Management Action Plan, IX-1894.
Final Order Vacated Without Prejudice, IX-1895.
None to Consider Compliance With Local Ordinances, IX-1896.
None to Consider Local Comprehensive Plan Requirement or Local Land Use Requirements, IX-1897.
None to Consider Non-Environmental Factors, IX-1898.
None to Resolve Property Disputes or Ownership Rights, IX-1899.
Pollution of Surface Waters Cannot Be Allowed to Go On Unabated, IX-1900.
To Establish Water Quality Standards & Prohibit Pollution — Excessive Nutrients, IX-1901.
Drinking Water & Wastewater Operator —
Allowing Operation In Violation of Dept. Rules, IX-1902.
Failure to Maintain An Operation & Maintenance Log, IX-1903.
List of Impaired Waters —
Revised Verified 2009 List For the Group 1 Basins — Revised 2009 Delist List For the Group 1 Basins, IX-1904.
Revised Verified 2009 List For the Group 5 Basins — Revised Verified 2009 Delist List For the Group 5 Basins, IX-1905.
Verified 2008 List For the Group 2 Basins — 2009 Delist List For the Group 2 Basins, IX-1906.
Mangrove Trimming Act —
DEP Delegation to Local Government —
Local Permitting Decisions Are Not Subject to 120 Review, IX-1907.
Standards of Governing DEP Review of Local Request For Delegation, IX-1908.
Notice of Violation/Order For Corrective Action —
Above Ground Petroleum Storage Tank —
Failure to Maintain Financial Responsibility, IX-1909.
Failure to Maintain Records & Provide File Access, IX-1910.
Failure to Maintain Registration, IX-1911.
Failure to Properly Close the AST, IX-1912.
Failure to Properly Store Used Oil, IX-1913.
Amended Final Order to Conform to Appellate Mandate — Dredge & Fill Without a Permit, IX-1914.
Aquatic Vegetation — Removal From Shoreline of Residential Lake Front Property Without Requisite Permit, IX-1915.
Asbestos — Failure to File Dept. Notice & Conduct An Investigation Before a Building Is Demolished, IX-1916.
Contaminated Fill Dirt Determined to Constitute Unpermitted Stationary Installation, IX-1917.
Corrective Actions Limited to Elimination of Products of the Violation, i.e. Restoration, IX-1918.
DEP Costs — Recoverable Costs Surveyed — Found Not Sought, IX-1919.
DEP Decision to Proceed Administratively Waives Right to Injunctive Relief In Circuit Court, IX-1920.
DEP Has the Burden of Proof By a Preponderance of the Evidence, IX-1921.
Dredge & Fill Without a Permit —
Acreage Near Lake, IX-1922.
Conditions Which Created a Wetland Are Usually Not Relevant, IX-1923.
DOAH Final Order Sustaining Notice of Violation/Order For Corrective Action & Penalty Affirmed & Reversed In Part, IX-1924.
Mulching Wetlands Constitutes a Violation, IX-1925.
Of Wetland Contiguous to Lake, IX-1926.
Dredge & Fill Without a Permit, IX-1927.
Dry Cleaning Solvents Spilled Into Soils On Site, IX-1928.
Failure of Owners & Operators of Petroleum Storage Tank Facilities to Carry Liability Insurance or Demonstrate Financial Responsibility, IX-1929.
Financial Status of Owner or Operator of Contaminated Site Is Not a Defense to Liability For Cleanup, IX-1930.
Land Trusts —
Liability of the Trustee Personally Vis. the Trust, IX-1931.
Mitigation of the Statutory Penalty Exhaustively Explored, IX-1932.
Mitigating Factors —
Ignorance of the Law or Financial Impacts Do Not Constitute, IX-1933.
Mitigation of the Statutory Penalty Found Not Warranted, IX-1934.
Cessation of Illegal Operation Found to Be a Mitigating Factor, IX-1935.
Inability to Pay Is Not a Defense But Justifies Extended Payment Deadline, IX-1936.
Reduction In Found Warranted, IX-1937.
Stacking of Found Authorized, IX-1938.
Inability to Pay As a Mitigating Factor, IX-1939.
Persons Cannot Be Charged Twice For the Same Offense, IX-1940.
Petroleum Product Spill —
At Gasoline Station, IX-1941.
There Is No Established Time Table For Completion of Site Assessment, IX-1942.
Universal Waste (Flourescent) Lamps — Failure to Properly Store & Contain Broken Lamps, IX-1943.
Waste Tire Site —
Failure to Demonstrate Consent of the Owner of the Property, IX-1944.
Failure to Demonstrate Financial Assurance, IX-1945.
Failure to Maintain Fire Protection, IX-1946.
Failure to Provide Mosquito Control, IX-1947.
Failure to Treat For Insects & Rodents, IX-1948.
Maintaining a Waste Tire Site Larger Than Permitted, IX-1949.
Operating Without a Permit, IX-1950.
Water Treatment Plant —
Failure to Collect Bacteriological Samples, IX-1951.
Failure to Notify DEP of Violations, IX-1952.
Failure to Notify Public of Total Coliform Monitoring, IX-1953.
Failure to Submit Certification of Delivery of Public Notice, IX-1954.
Failure to Take Monthly Total Coliform Sample, IX-1955.
Failure to Timely Submit Operation Reports, IX-1956.
Operating Without a Licensed Operator, IX-1957.
Permit (See Also PERMITS) —
Coastal Construction Control Line —
Coastal Armoring Structure — Permanent — Maintenance of — DEP Denial of Permit Affirmed, IX-1958.
Underground Injection Well — Power Plant — DEP Grant of Permit Affirmed, IX-1959.
Environmental Resource —
Phosphate Mine — Challenges By Charlotte, Sarasota & Lee Counties As Well As the Regional Water Supply Authority, IX-1960.
Request For Hearing —
Dismissal of As Untimely —
Notice to Neighbor & Former Law Firm Found Inadequate — Reversed & Remanded, IX-1961.
Rule Variance or Waiver —
Coastal Armoring — Letter of Credit — Standby Trust Agreement — Granted, IX-1962.
Coastal Armoring — Requirements — Denied, IX-1963.
Coastal Armoring — Requirements, IX-1964.
Coastal Construction Control Line — Deadline to Finish Construction — Granted, IX-1965.
Construction & Demolition Debris Disposal Facility — Escrow of Closure Costs — Granted, IX-1966.
Dredge & Fill — Beach Renourishment — Temporary Mixing Zones — Granted, IX-1967.
Landfill — Class I — Expiration of Construction Permit After Five (5) Years — Granted, IX-1968.
Landfill — Requirement For a Hydrological Investigation As Part of the Permit Application, IX-1969.
Mine Reclamation — Maximum Slope, Percent Vegetative Cover, Indigenous Species & Reclamation Schedule — Granted, IX-1970.
Prohibition On Placement of An Aboveground Storage Tank Within a Wellhead Protection Area — Granted, IX-1971.
Prohibition On Zone of Discharge Through Injection Wells — Granted, IX-1972.
Prohibition of Placement of Injection Well Within Wellhead Protection Area — Granted, IX-1973.
Public Water System — Requirement For a Permit — Granted, IX-1974.
Public Water Systems — Required Level of Operator Staffing — Granted, IX-1975.
Recreational Trail Construction — Request to Allow Remittance of Grant Funds Prior to Approval of Commencement Documentation — Granted, IX-1976.
Restriction of Public Access & Recreation Within Experimental Wetlands Project, IX-1977.
Waste Processing Facility — Proof of Financial Assurance — Granted, IX-1978.
Waste Tire Processing Facility — Storage Capacity — Granted, IX-1979.
Wastewater Treatment Plant — Staffing Requirements For Class A & B Plants — Granted, IX-1980.
Water Quality Exemption —
Beach Restoration & Dune Renourishment — Palm Beach Island — Denied, IX-1981.
City of Cape Coral, IX-1982.
Discharge of Iron Above Groundwater Standards — Granted, IX-1983.
Marco Island Lakes Aquifer Storage & Recovery Wells — Granted, IX-1984.
Miami-Dade Water & Sewer Dept. West Wellfield Aquifer Storage & Recovery Wells ASR – 1, 2 & 3 —
Color, Iron & Odor — Granted, IX-1985.
Pinellas County Utilities Lake Tarpon Aquifer Storage & Recovery Well, IX-1986.
So. Fla. Water Management Dist., IX-1987.
Appellate Review (See Also APPELLATE REVIEW) —
Order On Motion For Clarification: Milanick v. Osbourne, IX-1988.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE, Attorney’s Fees & Costs) —
Denial of Award For Administrative Proceeding Reversed — Denial of Fees For Appellate Proceeding Affirmed, IX-1989.
Misuse of Public Position —
Corruptly — Defined, IX-1990.
State Senator Bullied Deputy Sheriff Into Permitting Him Preferential Access to Football Stadium Parking, IX-1991.
Circuit Court Denies Motions to Dismiss & For Change In Venue —
Public Adjusters — Constitutional Challenge to Statutory Limitation On Timing of Initial Contact With Client & Cap On Maximum Fee —
Denial of Dept. Motion For Change of Venue From Dade to Leon County Reversed & Remanded, IX-1992.
Declaratory Statement (See DECLARATORY STATEMENTS)
Div. of Securities —
Selling Unregistered Securities — Arbitration Award, IX-1993.
License — Agent —
Discipline Based On Encouraging An Applicant to Provide False Information, Submitting a False Application & Misrepresentation —
Dept. Revocation After Untimely Request For Hearing Affirmed, IX-1994.
Discipline Imposed After An Untimely Petition For Hearing —
Suspension Reversed As Excessive — Order Otherwise Affirmed, IX-1995.
License — Viatical Settlement Provider —
Out-of-State Transactions Are Subject to Examination, IX-1996.
Licensure — Agent —
Denial Based On Previous Criminal Record Affirmed —
24 Year Waiting Period For Reapplication Reversed, IX-1997.
Workers’ Compensation —
Notice of Appeal Due 12/24 But Filed Later —
Appeal Dismissed As Untimely, IX-1998.
120 Is Applicable to the Comm. When Acting Pursuant to Statutory Authority, IX-1999.
Comm. Is Bound By Terms of a Criminal Plea, IX-2000.
Comm. Revocation of License After Criminal Plea to Lesser Charge Reversed —
Molesting Blue Crab Traps, IX-2001.
Decision By Comm. to Backfill Navigation Channel In Cowbone Marsh At Fisheating Creek —
Petition For Hearing Dismissed Due to Absence of Final Agency Action, IX-2002.
None Over Judical Authority or Limits of Municipal Home Rule, IX-2003.
Blue Crab Endorsement —
Untagged Traps — Repeat Violation, IX-2004.
Commercial Lobster Dive Permit —
Failure to Renew, IX-2005.
Failure to Timely File For Renewal Excused, IX-2006.
Commercial Saltwater Fishing —
Criminal Plea — Illegal Net Fishing, IX-2007.
Criminal Plea — Illegal Net Gear — 1st Major Violation, IX-2008.
Criminal Plea — Illegal Net Gear — 2nd Major Violation, IX-2009.
Criminal Plea — Illegal Net Gear — 3rd Major Violation, IX-2010.
Criminal Plea — Illegal Net Gear, IX-2011.
Criminal Plea — Illegal Use & Transport of Seine Nets, IX-2012.
Criminal Plea — Possession & Transport of Illegal Nets, IX-2013.
Failure to Pay Court Fines, IX-2014.
Illegal Net Gear — Flagrant Violation, IX-2015.
Illegal Net Gear, IX-2016.
Illegal Use & Transport of More Than Two (2) Nets & Seine Net Over 500 Sq. Ft., IX-2017.
Possession of Illegal Net Fishing Gear — Illegal Use & Transport of Seine Nets, IX-2018.
Possession of Illegal Net Fishing Gear, IX-2019.
Trap Retrieval Fee For Post-Season Recovery Upheld, IX-2020.
Hunting, Fishing & Trapping —
Attempting to Take Deer During Closed Season, IX-2021.
Illegal Take & Possession of Deer, IX-2022.
Out-of-State (Georgia) Citation — Failure to Comply With Terms of — Fla. License Suspended, IX-2023.
Out-of-State (Montana) Suspension — Wildlife Violator Compact State, IX-2024.
Out-of-State (Wisconsin) Revocation — Wildlife Violator Compact, IX-2025.
Revocation of License Rescinded, IX-2026.
Blue Crab Endorsement —
Failure to Document Requisite Commercial Landings, IX-2027.
Failure to Land At Least 500 Ibs. Annually, IX-2028.
Failure to Timely Apply, IX-2029.
Insufficient Landings — Excused, IX-2030.
Insufficient Landings, IX-2031.
Untimely Application, IX-2032.
Commercial Crawfish Dive Endorsement —
Failure to Timely File For Renewal Excused, IX-2033.
Commercial Dive & Marine Life Dive Endorsements —
Failure to Timely File For Renewal Excused, IX-2034.
Commercial Lobster Dive Endorsement —
Untimely Application Excused, IX-2035.
Hard Shell Blue Crab Endorsement —
Insufficient Landings Excused, IX-2036.
Insufficient Landings Excused Due to Illness, IX-2037.
Insufficient Landings, IX-2038.
Saltwater Retail Dealer —
Operating Without a License, IX-2039.
Unlawful Purchase of Saltwater Products, IX-2040.
Stone Crab —
Post-Season Traps Retrieval Fees Upheld, IX-2041.
Untagged Traps — Suspension/Fine, IX-2042.
Captured Wildlife —
Settlement Approved, IX-2043.
Hard Shell Blue Crab Endorsement —
Insufficient Landings, IX-2044.
Pompano Endorsement —
Illegal Net Fishing, IX-2045.
Marine Patrol —
Uniform Boating Citation —
Manatee Protection Speed Zone, IX-2046.
Traffic Rules Do Not Apply, IX-2047.
Net Ban Constitutional Amendment —
2″ Mesh Size Limit, IX-2048.
ADA Accomodation — Request For — Denied, IX-2049.
ADA Accomodation — Request For — Federal Dept. of Interior Ruling Denies, IX-2050.
Constitutionality of — Examined, IX-2051.
Bald Eagle Disturbance, IX-2052.
Collier County Placement of Regulatory Markers Implementing Slow Speed Zones — Denied, IX-2053.
Installation of Uniform Waterway Markers —
Collier County — Third Party Challenge Dismissed As Moot, IX-2054.
Possession of Wildlife For Exhibit Or Public Sale —
Criminal Conviction — Animal Cruelty — Out-of-State, IX-2055.
Revocation Clarified to Prohibit Possession As “Pets”, IX-2056.
Removal of An Inactive Osprey Nest —
Third Party Petition For Hearing Denied As Deficient, IX-2057.
To Conduct Sea Turtle Nesting Surveys On Miami Beach, IX-2058.
Revised Final Order After Appellate Remand: Collier County et al. v. FWCC et al., IX-2059.
Student Expelled Due to Fraudulent Conduct With Respect to Admission —
Univ. Found to Have Failed to Provide Proper Notice & Hearing — Reversed & Remanded, IX-2060.
Residency Appeals Committee Denies Reclassification of Student’s Residency Status In Order to Qualify For In-State Tuition — Affirmed, IX-2061.
Residency Status —
Lease of Apartment — Failure to Own Property or Vehicle Registered In Fla. — Obtaining Fla. Driver’s Lease —
Residency Found Not Established, IX-2062.
Competitive Application Process —
Rejection of Application For Funding to Build Affordable Housing — Availability of Electrical Infrastructure —
Find Order Reversed Due to Failure to Index Previous Contrary Precedental Order, IX-2063.
Denial of Stimulus Funds —
DOAH Finding of Rule Validity Upheld — Denial of Funds Upheld, IX-2064.
Court Cannot Set Aside Constitutional Obligations Due to a Budget Crises —
Caselaw Governing Changes to Retirement Benefits Examined, IX-2065.
Legislative History Behind Current System Examined, IX-2066.
Legislative Revisions to State Retirement System Found to Constitute, IX-2067.
State Employees Have a Constitutionally-Protect Right to Collectively Bargain, IX-2068.
Circuit Court Judgment —
Except For State-Initiated Eminent Domain Proceedings (74.091), the 11.066 Appropriations Process Must Be Utilized, IX-2069.
Office of Fiscal Accountability & Regulatory Reform (OFARR) —
Executive Orders 11-1 & 11-72 Found to Unconstitutionally Usurp Legislative Rulemaking Authority, IX-2070.
Role of Examined, IX-2071.
Supreme Executive Power Clause of Fla. Constitutions Does Not Trump Separation of Powers Doctrine, IX-2072.