License —
Emergency Suspension —
Diversion of Controlled Substances, IX-3946.
Failure to Comply With PRN Contract, IX-3947.
Failure to Report to Work As Scheduled, IX-3948.
Inability In Profession — Alcohol & Controlled Substance Abuse/Depression, IX-3949.
Inability In Profession — Alcohol Dependence, IX-3950.
Inability In Profession — Controlled Substance Abuse — Mental Condition, IX-3951.
Inability In Profession — Untreated Drug Dependency, IX-3952.
Positive Drug Screen — Alprazolam, Oxycodone & Oxymorphone, IX-3953.
Positive Drug Screen — Cocaine, IX-3954.
Positive Drug Screen — Dilute Sample, IX-3955.
Appraiser —
Bd. Revocation of License After Denying a Continuance & Conducting An Informal Hearing Without the Licensee Present —
Reversed & Remanded After Bd. Agrees to Reconduct An Informal Hearing, IX-3956.
Dept. Penalty Found Based On Erroneous Finding of Rule Violations Over Contrary DOAH Conclusions Reversed, IX-3957.
Failure to Document In the Summary Appraisal Report the Information Analyzed, IX-3958.
Failure to Maintain Supporting Data In a Work File, IX-3959.
Recovery Fund —
Claim Found to Be Untimely, IX-3960.
Inapplicable When Licensee Acts As a Buyer, IX-3961.
Two (2) Year Time Limit For Filing Claims — Calculated From When Wrongful Act Was or Could Have Been Discovered, IX-3962.
Salesperson —
Comm. Discipline Reversed Due to Improper Rejection of DOAH Recommended Penalty, IX-3963.
Criminal Conviction — Leaving the Scene of An Accident With Injury —
Comm. Suspension Affirmed, IX-3964.
Finding of a Crime Involving Moral Turpitude Upheld, IX-3965.
Declaratory Statements (See DECLARATORY STATEMENTS)
License —
Emergency Suspension —
Criminal Charge — Driving Under the Influence, IX-3966.
Criminal Plea — Obtaining Controlled Substances By Fraud, IX-3967.
Criminal Plea — Reckless Driving, IX-3968.
Diversion of Controlled Substances, IX-3969.
Failure to Comply With PRN Contract, IX-3970.
Failure to Contact PRN, IX-3971.
Inability In Profession — Controlled Substance Abuse, IX-3972.
Inability In Profession — Impaired At Work, IX-3973.
Inability In Profession — Mental Condition, IX-3974.
Inability In Profession — Opiate Dependence, IX-3975.
Positive Drug Screen — Alcohol, IX-3976.
Positive Drug Screen — Barbiturates, IX-3977.
Positive Drug Screen — Benzodiazepines, IX-3978.
Positive Drug Screen — Cocaine, IX-3979.
Positive Drug Screen — Marijuana & Benzodiazepine, IX-3980.
Positive Drug Screen — Marijuana, IX-3981.
Positive Drug Screen — Opiates, IX-3982.
Positive Drug Screen — Opoids, IX-3983.
Refusal to Submit to An Evaluation, IX-3984.
Sexual Abuse of Patient, IX-3985.
Ad Valorem (See Also Assessment) —
Value Adjustment Bd. —
DOR Oversight of Examined, IX-3986.
Duty to Provide Evidence to Be Utilized At Hearing Under Various Scenarios Explored, IX-3987.
Appellate Review (See Also APPELLATE REVIEW) —
Order On Motion For Rehearing: Colgate-Palmolive Co. v. Dept. of Revenue, IX-3988.
Order On Motion For Rehearing: Revenue v. Catalina Marketing Corp., IX-3989.
Per Curium Reversal: Revenue v. Pilgram Hall, LLC, IX-3990.
Assessment —
120 Challenge to Assessment —
DOR Burden of Proof — Examined, IX-3991.
Challenger’s Burden of Proof, IX-3992.
Establishment & Effect of the Prima Facie Case, IX-3993.
Failure to Pay Uncontested Amount Divests DOAH of Jurisdiction, IX-3994.
Untimely Appeal — Alleged Untimely Notice of Final Order — Appeal Dismissal Without Prejudice to DOR Vacation of & Reentry of Final Order, IX-3995.
Untimely Challenge — DOR Lacks Jurisdiction, IX-3996.
Based On How Taxpayer Structures Their Affairs – Not On How They Could Have Structured Their Affairs, IX-3997.
Compliance Agreement —
Checks Returned For Insufficient Funds, IX-3998.
Late Payment of Agreed Amount, IX-3999.
Levy On Bank Account Upheld, IX-4000.
Presumption of Correctness, IX-4001.
Audits —
Absence of Adequate Available Taxpayer Records, IX-4002.
Child Support Obligation —
409.256(2)(f) Creates a Supplemental Administrative Process — Judicial Remedies Remain Available, IX-4003.
Administrative Support Order Deviating From Guidelines Based On Verbal Nonformalized Visitation Agreement Reversed, IX-4004.
Circuit Court Enforcement Order Does Not Divest DOR From Jurisdiction to Administratively Modify Support, IX-4005.
Circuit Court Order Limiting Withholding From Unemployment Compensation Benefits Affirmed & Reversed In Part, IX-4006.
Circuit Court Order Setting Aside An Administrative Support Order Vacated —
Requisite Legal Authority Found Lacking, IX-4007.
Circuit Court Order Voiding Administrative Modification of Child Support Order Reversed —
Order Under Review Found Not to Be a Superseding Order – But Rather An Enforcement Order, IX-4008.
Circuit Court Orders Supercede DOR Support Orders, IX-4009.
DOAH & DOR Lack Jurisdiction to Determine Issues of Disputed Paternity —
DOAH Order Compelling Genetic Testing Quashed, IX-4010.
DOAH & DOR Lack Jurisdiction to Determine Issues of Disputed Paternity, IX-4011.
DOAH Holding That It & DOR Lack Jurisdiction to Order Mother On Whose Behalf DOR Initiated a Proceeding to Pay Support —
Affirmed & Reversed In Part, IX-4012.
DOR Challenge to Imputation of Income to An Unnamed & Unknown Father Granted — Reversed & Remanded, IX-4013.
DOR Dismissal of Petition For Hearing As Untimely — Reversed, IX-4014.
DOR Order Finding Father Underemployed & Imputing Monthly Income —
Order Reversed & Remanded With Directions Due to An Absence of Competent Substantial Evidence, IX-4015.
DOR Power to Intercept Unemployment Compensation Benefits Explored, IX-4016.
DOR System of Informal Discussions Found to Extend Time Limit For Requesting a Hearing, IX-4017.
Constitutional Challenges (See Also CONSTITUTION (Fla.) (U.S.)) —
Refund Request — Is Not a Prerequisite If Challenge Is to a Statute, IX-4018.
Corporate Income Tax —
Florida Is Under No Legal Obligation to Precisely Mimic the Federal Tax Scheme, IX-4019.
Limitation On Net Operating Loss Carryovers to Federal Net Losses Under 172 of the I.R.C. Affirmed, IX-4020.
Subtraction of Foreign Dividends From Upheld Against Commerce Clause Constitutional Challenge, IX-4021.
Declaratory Statements (See DECLARATORY STATEMENTS)
Documentary Stamp Tax —
Consideration —
Principle Balance of a Mortgage Is Taxable Whether or Not Assumed or Held By a Related Entity, IX-4022.
Petition Challenging Assessment Dismissed As Untimely, IX-4023.
Levy On Bank Account —
Comingling With Third Party Funds, IX-4024.
Upheld, IX-4025.
Refund —
Constitutional Challenge (See Constitutional Challenge)
DOR Reconsideration of — $1,000,000 Refund Paid In Installments, IX-4026.
DOR Reconsideration of — Procedure For Challenging Is Identical to That For Challenging Assessments, IX-4027.
DOR Reconsideration of — Time Limit For Challenging, IX-4028.
DOR Reconsideration of — Styled As a “Bill” Instead of a “Notice of Deficiency” Upheld, IX-4029.
Denied — Sales Tax — Building Materials Used For Rehabilitation of Real Property Within An Enterprise Zone, IX-4030.
Denied — Sales Tax — Industrial Printing Equipment, IX-4031.
Denied — Sales Tax — Purchase of Motor Vehicles, Trailers & Parts, IX-4032.
Establishment & Effect of the Prima Facie Case, IX-4033.
Sales Tax —
Assessment —
Convenience Store — Failure to Remit Tax, IX-4034.
Criminal Plea — Theft of State Funds, IX-4035.
Failure to Remit, IX-4036.
Lease of Commercial Property — Regional Hospital — Fees For County Services Found Taxable As Rent, IX-4037.
Mobile Home Dealer — Lump Sum Contractor, IX-4038.
Mobile Home Dealer — Sales Price vs. Cost Price, IX-4039.
Mobile Home Dealer — Third Party Manufacturer Labor Costs, IX-4040.
Mobile Homes — Pro-Rated Rent — Insurance — Appraiser — DMV Title Fees — Financing Fee — Administrative Fee, IX-4041.
Rental Real Property — Commercial — Improvements By Tenant to Mall Store, IX-4042.
Rental Real Property — Commercial — Leasehold Improvements Found Not to Be Taxable As Rent, IX-4043.
Restaurant — Employee Diversion of Tax Proceeds to Personal Use, IX-4044.
Certificate of Registration —
Delinquent Filing of Returns — Failure to Post Deposit, Bond or Letter of Credit — Revocation Denied Due to Failure to File an Administrative Complaint, IX-4045.
Dept. Has the Burden of Proof by Clear & Convincing Evidence, IX-4046.
Dept. Must Follow Procedures & File an Administrative Complaint When Revoking, IX-4047.
Posting of Security Required Due to Untimely Filing of Return & Payment Returned For Insufficient Funds, IX-4048.
Revocation — Dept. Has the Burden of Proof By Clear & Convincing Evidence, IX-4049.
Revocation– Due to Failure to Conform to Compliance Agreement —
Writing Worthless Checks to DOR, IX-4050.
Revocation — For Failure to Remit Taxes, IX-4051.
Revocation — Noncompliance With 212, IX-4052.
Revocation — Requires Proper Dept. Filing of Administrative Complaint —
Cannot Be Imposed Summarily As a Condition of Failure to Post Security, IX-4053.
Exemption —
Printing Equipment — Newspaper — Circuit Court Dismissal of Challenge to DOR Denial of Refund Reversed, IX-4054.
Standard Industry Code (SIC) Classification Discussed, IX-4055.
Taxing Enactment (See Also TAXATION) —
Exemptions Are Strictly Construed Against the Taxpayer, IX-4056.
Tax Statutes Are to Be Strictly Construed In Favor of Taxpayer, IX-4057.
Agency Bound By Own Rule, IX-4058.
Appellate Review (See Also APPELLATE REVIEW) —
Constitutional Issue Not Cognizable By DOAH Need Not Be Preserved, IX-4059.
Stays the Effect of the DOAH Final Order, IX-4060.
Arbitrary & Capricious (See Also CONTRACTS (Bids/Protests), Protest) —
Burden of Proof — Agency, IX-4061.
Defined, IX-4062.
Degree of Detail Provided By the Legislature Is Relevant, IX-4063.
Facts Are a Part of the Analysis, IX-4064.
Proposed Rule — Found Not to Be, IX-4065.
Proposed Rule — Found to Be, IX-4066.
Proposed Rule Repeal — Found Not to Be, IX-4067.
Rule — Found Not to Be, IX-4068.
Rule — Found to Be, IX-4069.
Standard For Determining — Discussed, IX-4070.
As Applied —
Challenge to Must Be In 120.57(1) Proceeding, IX-4071.
Burden of Proof (See Also Unpromulgated Rule; PRACTICE & PROCEDURE) —
Establishment & Effect of the Prima Facie Case, IX-4072.
On Petitioner By a Preponderance of the Evidence, IX-4073.
On Those Who Challenge Validity, IX-4074.
Constitutional Challenge (See Also CONSTITUTION (Fla.)) —
Cannot Be Raised For the First Time In An Appeal From a DOAH Rule Challenge Final Order, IX-4075.
DOAH Cannot Consider, IX-4076.
Construction (See Also STATUTES) —
Agency Construction — Entitled to Great Weight, IX-4077.
Agency Construction Entitled to Great Weight, IX-4078.
Changes — Material — Change In Effective Date Found Not to Constitute, IX-4079.
Penal Provisions Strictly Construed, IX-4080.
Plain Meaning of Ordinary Terms Is the First Consideration, IX-4081.
Presumption of Validity, IX-4082.
Invalidity (120.54(4)), Proposed Rule —
Corrections (DOC) —
Inmate Medical & Substance Abuse Clinical Files, IX-4083.
Financial Regulation — Office of Insurance Regulation —
Disclosure to Viator of Disbursement, IX-4084.
Risk Rate Premiums to Be Charged For Junior Loan Title Insurance, IX-4085.
Viatical Settlement Provider — Annual Report Forms, IX-4086.
Viatical Settlement Provider — Prohibited Practices & Conflicts of Interest, IX-4087.
Viatical Settlement Provider — Requirement That Changes to the Provider’s Method of Operation In An Annual Report Be Documented Reversed, IX-4088.
Fla. Housing Finance Corp. —
Qualified Allocation Plan (QAP) Allowing Allocation of Certain Tax Credits By Means of Requests For Proposals, IX-4089.
Highway Safety & Motor Vehicle —
Private Probation Providers For DUI Offenders — Restrictions On Interior Signage, IX-4090.
Standard Governing Review of, IX-4091.
Invalidity (120.56), Adopted Rule —
Construction Industry Lic. Bd. —
Denial of Licensure On Basis of Violation of Local Order — Reversed, IX-4092.
DBPR (Dept. of Business & Professional Regulation) —
Div. of Alcoholic Beverages — Special Restaurant License — Requirement That Minimum Square Footage Be Contiguous, IX-4093.
Regulatory Council of Community Assoc. Managers — Provision Rendering Licensee Responsible For Misconduct of Agent, IX-4094.
Elections Comm. —
Definition of Terms “Willful” & “Willfully” For Purposed of 106 — Reversed, IX-4095.
Definition of Willful, IX-4096.
Financial Regulation — Office of Insurance Regulation —
Rate Filing Arbitration, IX-4097.
Financial Regulation —
Denial of Application For Licensure of Agents On Basis of a Criminal Record, IX-4098.
Health (See Also Medical Quality Assurance (MQA) Boards: By Board Name) —
Apportionment of Trauma Centers Within a Trauma Service Area (TSA), IX-4099.
Brain & Spinal Cord Injury Program — Ineligibility of Illegal Aliens — DOAH Finding of Invalidity Reversed, IX-4100.
Health Care Administration —
Medicaid — Home Health Agency — Requirement That Staff Be Directly Employed By or Under Contract With the Licensee, IX-4101.
Medicine —
Listing of a Drug On the Negative Drug Formulary, IX-4102.
Pharmacy —
Licensure By Examination of Foreign Graduates, IX-4103.
Listing of a Drug On the Negative Drug Formulary, IX-4104.
Standard Governing Review of, IX-4105.
Proposed Rules —
Agency Has the Burden of Proof — By a Preponderance of the Evidence, IX-4106.
Agency Withdraws At Beginning of DOAH Hearing Challenging Validity, IX-4107.
Can Only Be Challenged On Ground That It Is An Invalid Exercise of Delegated Legislature Authority, IX-4108.
Challenge Directed to Only the Facial Validity, IX-4109.
Challenge Held In Abeyance to Afford Agency An Opportunity to Change the Proposed Rule, IX-4110.
Changes — Hearing On — Does Not Divest DOAH of Jurisdiction Over Pending Challenge to Validity of, IX-4111.
Changes — Material — Record Support Found, IX-4112.
Changes — Non-Technical — Notice of, IX-4113.
DOAH Can Invalidate In Whole or In Part, IX-4114.
Establishment & Effect of the Prima Facie Case, IX-4115.
Material Failure to Follow Rulemaking Procedures Found Not Established, IX-4116.
Need Not Be the Best Possible Rule, IX-4117.
No Presumption of Validity, IX-4118.
Windows For Challenging the Validity of — Examined, IX-4119.
Rule —
120.56 Challenge Is Facial, IX-4120.
120.56 Invalidation Applies Prospectively Only – Not Retroactively, IX-4121.
120.56 Proceeding Is De Novo, IX-4122.
Adoption of a Policy Through the Rulemaking Process Does Not Render It a “Rule” Per Se, IX-4123.
Agency Concedes Invalidity of, IX-4124.
Budget Decisions By An Agency Do Not Constitute, IX-4125.
Cannot Create Evidentiary Presumptions, IX-4126.
DOAH Can Invalidate In Whole or In Part, IX-4127.
DOAH Cannot Adjudicate Whether a Rule Complies With a Supreme Court Mandate, IX-4128.
Deference From Another Agency to a Particular Policy Is Not Dispositive, IX-4129.
Defined, IX-4130.
Facts Are Not Off Limits In a Challenge to Validity, IX-4131.
Failure to — Establish Adequate Standards —
Claim of — Examined & Rejected, IX-4132.
Failure to — Establish Adequate Standards, IX-4133.
General Applicability — Requirement For — Discussed, IX-4134.
General Applicability — Statewide Applicability Is Not Required, IX-4135.
Need Not Be the Best Possible Rule, IX-4136.
Petition Must Include the Text or a Description of the Statement, IX-4137.
Presumption of Validity — Grows Stronger Over Time, IX-4138.
Presumption of Validity, IX-4139.
Reasoning Behind a Claim Need Not Be Explained, IX-4140.
Repeal — Enabling Statute — Agency Reliance On Expired Rule Gives Rise to Standing to Challenge, IX-4141.
Repeal — Enabling Statute — Vitiates Rules Derived From, IX-4142.
Repeal — Found to Render Challenge Moot, IX-4143.
Rule Cannot Be Declared to Be Valid Today But Invalid Tomorrow Under the Same Statutory Scheme, IX-4144.
Statutory Interpretation That Is Permissible Does Not Constitute, IX-4145.
Subpoena of Board Member In Rule Challenge, IX-4146.
Time Limit For Hearing On Challenge Waived, IX-4147.
Transfer of Rules to Another Agency Without Ratification of Such Rules, IX-4148.
Validity Cannot Be Assailed Pursuant to 120 If Derived From Constitutional Authority, IX-4149.
Rulemaking —
120 Procedure Must Be Adhered to, IX-4150.
120.54(5) Petition to Initiate —
Denied, IX-4151.
Standing — Two (2) Prong Test, IX-4152.
Legislative Function Subject to Legislative Standards, IX-4153.
Legislative Preference For Adoption of Policies As Rules Examined, IX-4154.
Rulemaking Authority —
1999 APA Amendment —
Examined & Found to Have Clarified But Not Further Restricted 1996 Amendments, IX-4155.
Authority For a Rule Is Not a Matter of Degree, IX-4156.
Broad Statutory Grant of Authority Justifies Broad Discretion By Rule, IX-4157.
Cannot Be Delegated or Transferred, IX-4158.
Defined & Discussed, IX-4159.
Determined On a Case-By-Case Basis, IX-4160.
Executive Branch Cannot Usurp This Authority, IX-4161.
Explicit Authority — Requirement For Exhaustively Explored, IX-4162.
Explicit Rulemaking Authority — Is Now Required, IX-4163.
Found Exceeded, IX-4164.
General Grants of Authority May Not Be Sufficient, IX-4165.
Has Been Limited By Statute, IX-4166.
Legislative Delegation of to the Executive Branch Examined, IX-4167.
Limited to That Conferred By Statute, IX-4168.
Listing of Is Not Controlling — Amendment of Is Not Substantive Merely Technical, IX-4169.
Must Be Properly Conferred By Statute, IX-4170.
No Agency Has Inherent Authority, IX-4171.
Two (2) Part Test For, IX-4172.
Standing (See Also Variance; PRACTICE & PROCEDURE, Intervenors) —
Associations —
Injury Must Be Real & Immediate – Not Speculative or Based On Conjecture, IX-4173.
Professional, IX-4174.
Substantial Number Test — 1% of Membership Does Not Satisfy, IX-4175.
Substantial Number Test, IX-4176.
Substantially Affected Defined & Discussed, IX-4177.
Three (3) Part Test For, IX-4178.
Burden of Proof —
On Petitioner, IX-4179.
Preponderance of the Evidence, IX-4180.
Cannot Be Conferred By Consent of the Parties, IX-4181.
DOAH Ruling Is Stayed By Statute Until Appellate Proceedings Have Ended, IX-4182.
Economic Interests Can Be Sufficient For, IX-4183.
Forward-Looking Concept That Cannot “Disappear” Based On the Ultimate Outcome, IX-4184.
Forward-Looking Concept Unrelated to the Merits of the Case, IX-4185.
Injury-In-Fact — Cannot Be Speculative or Hypothetical, IX-4186.
Injury-In-Fact — Discussed, IX-4187.
Injury-In-Fact — Found Lacking, IX-4188.
Intervention Denied After AHCA Concedes Invalidity of Rule —
Rights of Intervenor Are Subordinate to Principal Parties, IX-4189.
Jurisdictional Issue, IX-4190.
Proposed Rule — Change In Effective Date Does Not Give Rise to Standing Absent Initial Challenge, IX-4191.
Recreational Activity In Affected Waters Can Give Rise to, IX-4192.
Standard Governing Rule Challenges “Is Less Demanding” Than For Actions of Law, IX-4193.
Substantial Interest — Unrelated to Who Will Prevail On the Merits, IX-4194.
Substantial Interest Test — Actual Regulation By A Rule Is Not Required, IX-4195.
Substantial Interest Test — Impact Must Be Actual & Immediate Not Speculative, IX-4196.
Substantial Interest Test — Licensure Applicants & Potential Future Licensure Applicants, IX-4197.
Substantial Interest Test, IX-4198.
Substantially Affected — Defined & Discussed, IX-4199.
Substantially Affected — Immediate & Actual Harm Not Required, IX-4200.
Third Party —
Lacks Standing When Agency Confesses Error & Intends to Repeal the Rule, IX-4201.
Two (2) Prong Test, IX-4202.
Violation of Rule At One’s Peril Not Prerequisite to, IX-4203.
Zone of Interest — Defined & Discussed, IX-4204.
Zone of Interest — Petitioner Found Within, IX-4205.
Zone of Interest — Test Found Not Satisfied, IX-4206.
Unpromulgated Rule (See Also PRACTICE & PROCEDURE, Nonrule Policy) —
120.56(4) Remedies Are Limited to Prospective Injunctive Relief — Past Agency Action Cannot Be Reached, IX-4207.
Abandoned or Rescinded Policy Cannot Be Assailed, IX-4208.
Administration, State Bd. of —
Florida Retirement System — Ability of Employee to Leave & Enroll In Alternative Investment Plan Via Telephone — DOAH Finding of Invalidity Affirmed & Reversed In Part, IX-4209.
Use of a Telephonic Hotline to Allow Eligible Public Employees to Transfer Their Fla. Retirement System (FRS) Assets Into Another Plan, IX-4210.
Administrative Complaint Alleging Facial Violations of a Rule or Statute Does Not Constitute, IX-4211.
Agency Concedes Error, IX-4212.
Agency Concedes Existence of, IX-4213.
Agency Initiation of Rulemaking Operates As a Stay of the Proceedings, IX-4214.
Agriculture & Consumer Services —
Pest Control — Enforcement Response Guidelines, IX-4215.
Pest Control — Procedures Governing Investigative Activities, IX-4216.
Broward County School Bd. —
Exclusion of Charter Schools From Consideration In the Distribution of Funds, IX-4217.
Budget Decisions of An Agency Do Not Constitute, IX-4218.
Burden of Proof —
Establishment & Effect of Prima Facie Case, IX-4219.
On Petitioner By a Preponderance of the Evidence, IX-4220.
Business & Professional Regulation (DBPR) (See Hotels & Restaurants)
Challenge Abated While Agency Commences Rulemaking That Ultimately Does Not Resolve the Challenge, IX-4221.
Children & Families —
Home & Community-Based Services Waiver — Access Policy Manual/Training Module 4/Request For Veteran’s Information Form, IX-4222.
Construction Industry Lic. Bd. —
Review of Licensure Applications By Appointed Committee — Reversed, IX-4223.
DBPR (Business & Professional Regulation) (See Hotels & Restaurants)
DEP (Environmental Protection, Dept. of) —
Beach Restoration Permitting Requirements, IX-4224.
Defined, IX-4225.
Education (DOE) —
Application of Class Size Statute to Charter Schools, IX-4226.
Guardianship Requirements For Out-of-State Families Utilizing Extra-Curricular Training Academies, IX-4227.
Effect of the Statement Must Be Taken Into Consideration, IX-4228.
Financial Regulation —
Insurance Company — Failure to Offer Converted
Life Insurance Policies, IX-4229.
Status of Registration As a Claimant’s Representative As a License, IX-4230.
Fish & Wildlife Conservation Comm. —
Seawalls Located More Than Twenty (20) Feet Seaward of the Foundation of a Structure Deemed to Be a “Take” of Marine Turtle Habitat, IX-4231.
Fla. Gulf Coast Univ. —
Organizational Structure & Delegation of Authority, IX-4232.
Process & Criteria For Faculty Performance Evaluation, IX-4233.
Health Care Administration —
License — Home Health Agency — Decision to Deny Renewal Due to Previous Discipline, IX-4234.
Medicaid — Letter Establishing $24.00 Payment For Hospital Outpatient Services, IX-4235.
Hotels & Restaurants —
Policies Regarding Enforcement of Elevator Safety Code, IX-4236.
Insurance Regulation —
Examination of Viatical Settlement Providers — DOAH Rejection of Challenge — Affirmed, IX-4237.
Internal Improvement Trust Fund —
Prohibition On Fish Cleaning Stations Over Sovereign Submerged Land, IX-4238.
Internal Management Memorandum —
Discussed & Found, IX-4239.
Exception — Examined, IX-4240.
Exception — Found Inapplicable, IX-4241.
Letter Expressing Legal Opinion of Staff Attorney Found Not to Constitute, IX-4242.
Need Not Be Reduced to Writing In Order to Be Invalid As Such —
Absence of Written Document Can Make Proof of the Existence or a Policy Difficult, IX-4243.
Persons With Disabilities —
Medicaid Disabilities Waiver Program — Criteria For Eligibility For Classification, IX-4244.
Remedy Is Immediate Discontinuance of Reliance On the Unadopted Statement, IX-4245.
Revenue —
Value Adjustment Bd. Consideration of Eighth Criterion Found In Property Tax Oversight Bulletin & VAB Training Material, IX-4246.
Rulemaking Found to Be Feasible & Practicable, IX-4247.
St. Johns River Water Management Dist. —
Agricultural Exemption — Surface Water Management Permitting — DOAH Rejection of Challenge Affirmed, IX-4248.
Standards Governing — Determination of, IX-4249.
Statement of General Applicability Defined, IX-4250.
Statutory Interpretation Found Not to Constitute, IX-4251.
Statutory Reiteration Does Not Constitute, IX-4252.
Workforce Innovation — Early Learning Coalition of Duval —
Quality Improvement Rating System — Guiding Stars Program, IX-4253.
Vagueness (See Also CONSTITUTION (Fla.)) —
Defined & Discussed, IX-4254.
Proposed Rule — Found Not Vague, IX-4255.
Proposed Rule — Found to Be Vague, IX-4256.
Test For — Examined, IX-4257.
Validity (120.54(4)), Proposed Rule —
Agency For Persons With Disabilities (APD) —
Medicaid — Developmental Disability Waiver Tier Eligibility, IX-4258.
Children & Families —
Supplemental Security Income Cash Assistance Benefit Recovery Policy In Regard to Overpayments, IX-4259.
Community Affairs —
Comprehensive Plan — Local — Santa Rosa County — Intervenor Challenge to Amendment, IX-4260.
Fla. Communities Trust — Cap On Amount of Award Under Stan Mayfield Working Waterfront Grant Program, IX-4261.
Corrections —
Inmate Medical & Substance Abuse Clinical Files, IX-4262.
DEP (Environmental Protection, Dept. of) —
Identification of Impaired Surface Waters, IX-4263.
Education (DOE) —
Challenge Dismissed As Untimely, IX-4264.
Financial Services —
Amendment of Proposed Rule Found Insufficient to Give Rise to Standing, IX-4265.
Div. of State Fire Marshal — Requirement For Spill Control On Petroleum Storage Tanks Greater Than 12,000 Gallons, IX-4266.
Fla. Housing Finance Corp. —
Requirement That Applicants In Universal Application Funding Cycle Designate Their Applications As Priority I or II, IX-4267.
Health Care Administration (AHCA) —
Medicaid — Reimbursement to Nursing Homes — Title XIX Long Term Care Plan, IX-4268.
Seminole County School Bd., IX-4269.
Standards Governing Challenges — Discussed, IX-4270.
Transportation (DOT) —
Approval of Wall Murals Displaying Commercial Messages Within 660 Feet of the Right of Way of An Interstate or Federal Aid Primary Highway, IX-4271.
Validity (120.56), Adopted Rule —
DEP (Environmental Protection, Dept. of) (See Also Internal Improvement Trust Fund) —
Definition of Public Interest In Context of Antidegradation Policy For Surface Water Quality, IX-4272.
Lower St. Johns River — Type II Site Specific Alternative Criterion (SSAC) For Dissolved Oxygen, IX-4273.
Narrative Nutrient Rule, IX-4274.
Site Specific Alternative Criteria (SSAC) For a Specific Water Body, IX-4275.
Water Quality Degradation Rule, IX-4276.
Financial Regulation —
Denial of Application For Licensure of Agents On Basis of a Criminal Record, IX-4277.
Public Adjuster — Contracts — Fee Cap — Retroactive & Perpetual, IX-4278.
Public Adjuster — Effect of Loss or Restoration of Civil Rights, IX-4279.
Fla. Housing Finance Corp. —
Credit Underwriting Rule, IX-4280.
Fla. Safety Council —
Maximum Number of Treatment Providers — Petition Dismissed Because the Council Is Not An “Agency”, IX-4281.
Health Care Administration (AHCA) —
Medicaid — Exclusion of Nonemergency Services Rendered In the Emergency Room, IX-4282.
Nursing Home — Skilled — Cap On Number of Pediatric Residents, IX-4283.
Hillsborough County Public Transportation Comm. —
Definition of the Term “Limousine”, IX-4284.
Internal Improvement Trust Fund —
Prohibition On Non-Water Dependent Uses Over Sovereign Submerged Land, IX-4285.
Law Enforcement —
Approval of Blood Alcohol Test Methods / Labeling / Collection / Permits, IX-4286.
Pari-Mutuel Wagering —
Requirement That Slot Machines Contain An Internal Random Number Generator, IX-4287.
Revenue —
Exchange of Evidence With Value Adjustment Bd., IX-4288.
Sales Tax — Trade-Ins of Used Articles of Tangible Personal Property, IX-4289.
St. Johns River Water Management Dist. —
Agricultural Exemption — Surface Water Management Permitting — Affirmed & Reversed In Part, IX-4290.
Agricultural Exemption From Stormwater Management Permitting — Order On Motion For Rehearing: A. Duda & Sons, Inc., IX-4291.
Standards For Determining — Discussed, IX-4292.
Transportation (DOT) —
Adjustment of Nonconforming Outdoor Advertising Signs, IX-4293.
Pilot Project to Reduce Traffic Congestion Along I-95 In South Fla., IX-4294.
Variance or Waiver —
Administration Comm. (See ADMINISTRATION Comm.)
Children & Families (See CHILDREN & FAMILIES, Dept. of (DCF))
Community Affairs, Dept. of (See COMMUNITY AFFAIRS, Dept. of)
Environmental Protection (See ENVIRONMENTAL PROTECTION, Dept. of (DEP)), IX-4295.
Health (See HEALTH, Dept. of)
Health Care Administration (AHCA) (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Petition Denied As Legally Insufficient, IX-4296.
Petition Denied As Moot, IX-4297.
Procedural Rules — Agency Finds Inherent Authority Outside of 120 to Grant Variances or Waivers, IX-4298.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) — Found, IX-4299.
Statutes Cannot Be Waived, IX-4300.
Substantial Hardship — Defined & Discussed, IX-4301.
Substantial Hardship — Failure to Submit Requested Additional Information, IX-4302.
Substantial Hardship — Found, IX-4303.
Substantial Hardship — Found Lacking, IX-4304.
Substantial Hardship — Found Self-Inflicted, IX-4305.
Temporary Variance Granted, IX-4306.
Circuit Court Dismissal of Instructor Suit Seeking Copy of Student Complaint Over His Teaching Techniques Affirmed & Reversed In Part, IX-4307.
120 Definition of An “Agency” Is Applicable, IX-4308.
Chartered School (See EDUCATION, Dept. of (DOE))
Constitutional Entities —
Authority to Maintain a Statewide Uniform System of Education Is Reposed In the Legislature, IX-4309.
Authority to Operate, Control & Supervise Schools Is Constitutionally Reposed in School Boards, IX-4310.
Dade County —
Dept. of Education (DOE) Denial of Exclusive Authority to Sponsor Charter Schools Set Aside, IX-4311.
Manatee County —
Teacher Challenges Termination On Basis That Counsel Was Not Allowed During An Investigatory Interview —
Reversed & Remanded With Directions, IX-4312.
Student —
Enrollment —
Authority to Regulate Enrollment Within Their District Schools, IX-4313.
Teacher —
Right to Counsel During An Investigatory Interview Found, IX-4314.
School Board Right to Conduct Investigatory Interviews Found, IX-4315.
Applicant Has the Burden of Proof —
Establishment & Effect of a Prima Facie Case, IX-4316.
Reasonable Assurances Defined & Discussed, IX-4317.
To Establish Reasonable Assurances, IX-4318.
Ultimate Burden of Proof Discussed, IX-4319.
Biomass Power Plant Found to Encourage Sustainability of Florida’s Forests, IX-4320.
F.P.&L. Bobwhite-Manatee Transmission Line, IX-4321.
F.P.&L. Cape Canaveral Energy Center Power Plant, IX-4322.
F.P.&L. Riveria Beach Energy Center, IX-4323.
F.P.&L. West County Energy Center Power Plant, IX-4324.
Florida Municipal Power Agency & Kissimmee Utility Authority Cane Island Power Unit, IX-4325.
Palm Beach County Renewable Energy Facility No. 2, IX-4326.
Progress Energy Crystal River Unit 3 Uprate Project, IX-4327.
Progress Energy Florida Levy Nuclear Project Units 1 & 2, IX-4328.
Seminole Electric Cooperative Generating Station Unit 3 Plant — Appellate Remand, IX-4329.
Site Certification Process —
Air Quality Impacts Are Not Subject to a De Minimus Exception, IX-4330.
Air Quality Impacts Broadly Considered In a Balancing Test Without Usurping DEP Authority Over the Air Permit, IX-4331.
Burden of Proof —
On Applicant to Provide Reasonable Assurance of Compliance With Applicable Certification Criteria, IX-4332.
DEP Coordinates the Permitting & Certification Process & Considers the Substantive Requirements of All Concerned Agencies, IX-4333.
DOAH Hearing —
DOAH ALJ Can Cancel If All Parties Stipulate There Are No Disputed Issues, IX-4334.
DOAH Must Relinquish Jurisdiction Absent a Material Issue of Fact, IX-4335.
DOAH Proceeding Is De Novo, IX-4336.
Does Not Consider Issues Related to Radiological Safety, IX-4337.
PSC Has Exclusive Jurisdiction Over the Cost-Effectiveness of a Project, IX-4338.
PSC Is the Sole Forum For Determination of Need — PSC Determination Is Final & Binding, IX-4339.
PSC Need Determination Nonetheless Does Not Preclude Balancing of Need & Impacts, IX-4340.
Previously Certified Site —
No Land Use Consistency Determination Is Required, IX-4341.
Reasonable Assurances (See Also PERMITS) —
Compliance With Conditions of Certification Constitutes, IX-4342.
Third Party Intervenors (See Also PRACTICE & PROCEDURE, Intervenor) —
Standing — Impact From Air Pollution Found to Give Rise to, IX-4343.
Transmission Line Siting Act (TSLA) —
Alternative Proposed Corridor — Burden of Proof, IX-4344.
Alternative Proposed Corridors Can Be Considered & Approved In Whole or Part, IX-4345.
Balancing Need vs. Impact, IX-4346.
Corridor Defined, IX-4347.
Environmental Mitigation Can Be Considered, IX-4348.
Geographic Separation Found to Improve System Reliability, IX-4349.
Gainesville Renewable (Biomass) Energy Center, IX-4350.
Location of Transmission Lines Proximate to Residences — Electric & Magnetic Fields, IX-4351.
Maintenance In Water vs. Land Discussed, IX-4352.
Matters That Would Probably Be Addressed Under An Agency’s Substantive Permitting Requirements Are Germane, IX-4353.
PSC Determination On Enhancement of Reliability By Geographic Separation Is Binding, IX-4354.
Right-of-Way May Be Selected After a Corridor Is Established, IX-4355.
Tampa Electric Co. & Progress Energy Lake Agnes-Gifford Transmission Line Siting, IX-4356.
Tampa Electric Co. Willow Oak-Wheeler-Davis Transmission Line, IX-4357.
Permit (See Also PERMITS) —
Environmental Resource (ERP) (See Also PERMITS) —
Biotechnology Research Park In Palm Beach County, IX-4358.
Commercial Development — Redevelopment — Stormwater Management System, IX-4359.
Commercial Marina & Related Structures, IX-4360.
Operation & Retrofit of County Surface Water Management System, IX-4361.
Road & Bridge Modifications, IX-4362.
Surface Water Management System (See Also PERMITS) —
Road & Bridge Modifications, IX-4363.
Circuit Court Dismissal of Suit Assailing Damages Allegedly Caused By Permitted Agricultural Flood Irrigation Runoff —
Circuit Court Holding That Injunctive Relief Was Unavailable Reversed, IX-4364.
Circuit Court Holding That Sovereign Immunity Barred An Inverse Condemnation Claim Reversed, IX-4365.
License —
Emergency Suspension —
Alcohol Abuse While On Duty, IX-4366.
Criminal Charges — Driving Under the Influence (DUI) / Disorderly Intoxication, IX-4367.
Inability In Profession (Alcoholism), IX-4368.
Refusal to Submit to An Evaluation, IX-4369.
Refusal to Submit to Drug & Alcohol Screen, IX-4370.
Permit —
Consumptive Use —
Circuit Court Sunshine Law Challenge to Public Participation & Size of Meeting Room In Meetings Regarding Final Order After DOAH Hearing Dismissed, IX-4371.
District Approval Over Marion County Objection Affirmed, IX-4372.
Seminole County Potable Water & Reclaimed Water Augmentation — Third Party Standing Found Over Contrary Finding Below — Grant of Permit Affirmed, IX-4373.
Order On Motion For Rehearing: Marion County v. Green III, et. al., IX-4374.
Surface Water Management (See Also PERMITS) —
Final Order Requiring After-the-Fact Permit For Certain Enforcement Ditches Affirmed & Reversed In Part, IX-4375.
Applicability (See Also Retroactive Application) —
Amendment (See Also Construction) —
During Pendency of — Exemption From Disqualification Proceeding, IX-4376.
During Pendency of — License Renewal Proceeding, IX-4377.
During Pendency of — Licensure Application, IX-4378.
During Pendency of — Permit Application, IX-4379.
Law At Time Grounds For Disciplinary Action Arise, IX-4380.
Law At Time of Complete Application For a Permit, IX-4381.
Law At Time of Final Decision, IX-4382.
Presumed to Apply Prospectively Absent Contrary Legislative Intent, IX-4383.
Constitutionality (See Also Presumption of — Constitutionality; CONSTITUTION (Fla.), Statutes) —
Agency or DOAH Cannot Reach, IX-4384.
As Applied Challenge —
Exhaustion of Administrative Remedies, IX-4385.
Standard For Determining, IX-4386.
Facial Constitutionality —
Standard For Determining, IX-4387.
Presumption of Constitutionality, IX-4388.
Construction (See Also COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan; CONSTITUION (Fla.); RULES & RULEMAKING) —
Access to Courts — Ambiguities Are to Be Resolved In Favor of, IX-4389.
Agency Construction Cannot Be Contrary to Express Terms of the Statute, IX-4390.
Agency Construction Entitled to Great Weight —
Agency Found to Have Erroneously Interpreted a Provision of Law, IX-4391.
Agency Special Expertise Is Germane, IX-4392.
Clearly Erroneous Construction — Reversed, IX-4393.
Exception Exists For Interpretation of Statutory Terms Not Infused With Policy Considerations, IX-4394.
Exception Exists For Statutes Outside the Agency’s Jurisdiction, IX-4395.
Is Not Entitled to Great Weight If It Has No Substantive Jurisdiction Over the Statutory Provision, IX-4396.
Agency Construction Entitled to Great Weight, IX-4397.
Amendment (See Also Applicability) —
Presumed to Change Meaning — Unless Contrary Intent Is Clearly Expressed, IX-4398.
Bill Analysis Does Not Override Clear Mandate In Another Statute, IX-4399.
Common Law —
Statutes In Derogation of Are Strictly Construed, IX-4400.
Common Sense Should Be Applied, IX-4401.
Conflict —
Bill Analysis Does Not Override Clear Mandate In Another Statute, IX-4402.
Latest Enactment Controls, IX-4403.
Most Specific Controls, IX-4404.
Rules Must Yield to Conflicting Statutory Provision, IX-4405.
To Be Avoided If Possible, IX-4406.
Courts Cannot Add Words, IX-4407.
Courts Cannot Judicially Alter the Wording of Statutes, IX-4408.
Different Terms In Different Sections Imply Different Meanings, IX-4409.
Every Word or Phrase Must Be Given Meaning, IX-4410.
Exceptions —
Enacting Clause Vis. Subsequent Clause or Statute, IX-4411.
Exemptions —
Are to Be Narrowly Construed Against Party Seeking to Utilize, IX-4412.
Strictly Construed Against Taxpayer, IX-4413.
Fairness, Due Process & Logic Are Germane, IX-4414.
Federal Statute & Caselaw —
Fla. Statute Modeled Upon Federal Provision — Federal Caselaw Is Analogous, IX-4415.
Federal Statute — No Preemption Found, IX-4416.
Legal Terms Must Be Given Their Technical Meaning, IX-4417.
Legislative Intent —
After-the-Fact Communication With Legislative Staff Is Not Competent Indicia, IX-4418.
Can Be Determined By Examining Other Uses of a Particular Word In Similar Contexts, IX-4419.
Derived Primarily From the Words Expressed In the Statute, IX-4420.
Determined From the Statute as a Whole, IX-4421.
Determined Primarily From the Language of The Statute, IX-4422.
Inadmissable Evidence of Examined, IX-4423.
Is the Polestar, IX-4424.
Legislative History Can Be Used, IX-4425.
Purpose of the Enactment Must Be Considered, IX-4426.
Legislature Is Presumed to Know of Existing Law, IX-4427.
Literal Meaning Must Be Considered In Context of Purpose of Statute, IX-4428.
Meaning Must Be Accorded Every Word, IX-4429.
Meaning Should Be Accorded to All Parts of a Statute, IX-4430.
Mention of One Thing Implies Exclusion of Another, IX-4431.
Mention of a Term In One Section But Not In Another — Should Not Be Implied, IX-4432.
Mention of a Term In One Section But Not In Another, IX-4433.
Penal Statutes Are Strictly Construed, IX-4434.
Penal Statutes Distinguished From Regulatory Statutes Designed to Protect the Public Interest, IX-4435.
Plain & Ordinary Terms Defined By Dictionary, IX-4436.
Plain & Unambiguous Language —
No Room For Construction, IX-4437.
Plain Meaning of Ordinary Words Is the First Consideration, IX-4438.
Preemption —
Express Preemption — Cannot Be Implied or Inferred, IX-4439.
Federal Statute — No Preemption Found, IX-4440.
Present Perfect Tense Unaccompanied By Any Temporal Qualifier, IX-4441.
Presumption of — Constitutionality, IX-4442.
Presumption of — Effectuality, IX-4443.
Qualifying Phrase Is Read As Including All Items Listed Between the Last of the Series & the Qualifying Phrase, IX-4444.
Qualifying Phrase Is Read As Limited to the Last Item In a Series When the Phrase Follows That Item Without a Comma, IX-4445.
Related Provisions Construed In Pari Materia, IX-4446.
Remedial Statutes Are Liberally Construed, IX-4447.
Ridiculous Result Necessarily Erroneous, IX-4448.
Shall — Meaning Found to Be Mandatory, IX-4449.
Taxing Enactment (See REVENUE, Dept. of; TAXATION)
Temporal Reach Is Indicated By Verb Tense, IX-4450.
Term Mentioned In Two (2) Different Sections Implies the Same Meaning, IX-4451.
Terms Mentioned In Multiple Sections Are Given Uniform Meanings, IX-4452.
Undefined Statutory Terms — A Dictionary May Be Utilized to Ascertain the Plain Meaning, IX-4453.
Words of Common Usage Given Plain & Ordinary Meaning, IX-4454.
Retroactive Application (See Also Applicability) —
Constitutional Restriction Governing, IX-4455.
Defined & Discussed, IX-4456.
Procedural — Permissible, IX-4457.
Remedial — Permissible, IX-4458.
Substantive Statutes —
Apply Prospectively, IX-4459.
Defined & Discussed, IX-4460.
Legislative Intent Regarding Retroactive Application Is a Matter of Statutory Construction, IX-4461.
Presumption of Prospective Application, IX-4462.
Retroactive Application of — Reversed, IX-4463.
Retroactive Application of — Two (2) Part Test For, IX-4464.
Retroactive Application of Can Be Unconstitutional Even If Expressly Mandated By Statute, IX-4465.
Vagueness (See CONSTITUTION (Fla.))
286 Is to Be Liberally Construed, IX-4466.
Contract —
Violation of In the Procurement Process — Dept. of Children & Families, IX-4467.
Exemption —
Advisory Committee — Fact Finding Only, IX-4468.
Public Meeting —
Every Member In An Association Which Brought a Legal Challenge Regarding the Matter Being Heard Need Not Be Heard, IX-4469.
Venue Chosen Need Not Accommodate Everyone Who Arrives In