Allowing Students to Touch a Bat, IAS_IX-259.
Altercation With Student, IAS_IX-260.
Angry Outburst — Claim For Reimbursement Delayed By Administrators, IAS_IX-261.
Application For —
Applicant Has Burden of Proof — By a Preponderance of the Evidence, IAS_IX-262.
Counselors Must Hold Educator Certification, IAS_IX-263.
Criminal Charge —
Failure to Comprehensively List — Intent to Mislead Found Lacking, IAS_IX-264.
Theft/Obstruction of a Law Enforcement Officer, IAS_IX-265.
Unlawful Sale of a Controlled Substance, IAS_IX-266.
Criminal Plea —
Conspiracy to Possess Marijuana/Petit Theft/Disorderly Conduct/Driving While License Suspended/Conspiracy to Distribute Marijuana, IAS_IX-267.
Shooting Into a Building, IAS_IX-268.
Good Moral Character —
Considered As of the Time of Application, IAS_IX-269.
Defined & Discussed, IAS_IX-270.
Difficulty In Applying This Standard, IAS_IX-271.
Distinguished From Moral Turpitude, IAS_IX-272.
Found Lacking, IAS_IX-273.
Not Found Despite Extensive Criminal History, IAS_IX-274.
Rehabilitation Found Established By a Preponderance of the Evidence, IAS_IX-275.
Gross Immorality (See Also Gross Immorality) —
Not Defined By Rule, IAS_IX-276.
Moral Turpitude (See Also Moral Turpitude), IAS_IX-277.
Physical Abuse of a Female, IAS_IX-278.
Checking & Acting Out In Regard to Students’ Negative Facebook Posts About the Teacher, IAS_IX-279.
Criminal Charge —
Controlled Substances — Failure to Timely Report, IAS_IX-280.
Deferred Prosecution Agreement, IAS_IX-281.
Driving While License Is Suspended or Revoked, IAS_IX-282.
Failure to Self Report In a Timely Manner — Controlled Substances, IAS_IX-283.
Felony — Comparison Between Federal Charges & Analogous Florida Provisions, IAS_IX-284.
Minor Traffic Violations, IAS_IX-285.
Operating a Vehicle Without a License, IAS_IX-286.
Organized Scheme to Defraud/Petit Theft/Grand Theft/Official Misconduct, IAS_IX-287.
Resisting an Officer, IAS_IX-288.
Unlawful Sexual Activity With a Minor, IAS_IX-289.
Criminal Conviction —
Enticing a Minor to Engage In Sexual Activity / Possession of Child Pornography, IAS_IX-291.
Criminal Plea —
Child Abuse/Simple Battery, IAS_IX-292.
Driving Under the Influence, IAS_IX-293.
Operating a Motor Vehicle Without a Valid License, IAS_IX-294.
Trafficking In Controlled Substances, IAS_IX-295.
Unemployment Compensation Fraud, IAS_IX-296.
Excessive Corporal Punishment, IAS_IX-297.
Exploitation of Professional Relationship For Personal Gain, IAS_IX-298.
Failure to Address Job Deficiencies, IAS_IX-299.
Failure to Maintain Confidentiality of Student Information, IAS_IX-300.
Failure to Make Reasonable Efforts to Protect Students —
Analagous to Negligence, IAS_IX-301.
Fact Question, IAS_IX-302.
Inferential Evidence Is Utilized, IAS_IX-303.
Rulemaking Regarding Found Likely Not to Be Practicable, IAS_IX-304.
Failure to Protect Students From Conditions Harmful to Learning, IAS_IX-305.
False Statements On Licensure Application, IAS_IX-306.
Fraudulent Conduct, IAS_IX-307.
Gross Immorality (See Also Application) —
2008 Statutory Amendment —
Comm. Has Not Defined Gross Immorality By Rule, IAS_IX-308.
Effect of Examined, IAS_IX-309.
Failure to Adopt Requisite Rule Precludes Discipline Based Upon, IAS_IX-310.
Pre 2008 Caselaw Is Inapplicable, IAS_IX-311.
Absence of Rule Definition Precludes Discipline Based Thereon, IAS_IX-312.
Can Arise Simply From the Nature of the Misconduct, IAS_IX-313.
Defined & Discussed, IAS_IX-314.
Found Lacking, IAS_IX-315.
Found Not Defined By Rule As Required By Statute — Pre-2008 Caselaw Found to Be Inapplicable, IAS_IX-316.
Immorality — Definition of Considered, IAS_IX-317.
Lapse of Judgment Does Not Constitute, IAS_IX-318.
Not Defined By Rule As Statutorily Required, Cannot Therefore Form the Basis For Discipline, IAS_IX-319.
Teachers Are Held to a High Standard, IAS_IX-320.
Verbal Abuse of Students, IAS_IX-321.
Gross Immorality, IAS_IX-322.
Inability (Positive Drug Screen (Adderall)), IAS_IX-324.
Inability (Under the Influence of Marijuana At School), IAS_IX-325.
Inadequate Supervision (Special Needs Student Wanders Off From Class), IAS_IX-326.
Inappropriate & Excessive Text Messages to a Female Student, IAS_IX-327.
Inappropriate & Threatening Physical Contact With Students, IAS_IX-328.
Inappropriate Behavior Toward Young Male Same-Sex Students Not Under His Supervision, IAS_IX-329.
Inappropriate Discipline —
Refusing to Allow a Student to Go to the Clinic For an Asthma Treatment, IAS_IX-330.
Requiring Students to Run Laps For an Entire Class Period, IAS_IX-331.
Requiring Students to Sit On Concrete, IAS_IX-332.
Spitting In Student’s Face In Retaliation, IAS_IX-333.
Within the Classroom, IAS_IX-334.
Defined & Discussed, IAS_IX-335.
Panel of Experts Is Discretionary Not Mandatory, IAS_IX-336.
Unsatisfactory Evaluations Alone Do Not Constitute Per Se, IAS_IX-337.
Insubordination — Criticism of Administrators, IAS_IX-339.
Misconduct Reducing Effectiveness —
Direct Evidence Is Not Required, IAS_IX-340.
Expert Opinion May Be Utilized, IAS_IX-341.
Incompetence Constitutes Per Se, IAS_IX-342.
Inferences Concerning Discussed, IAS_IX-343.
May Be Inferred From the Nature & Seriousness of the Conduct, IAS_IX-344.
Requires Intent — Incompetence Distinguished From, IAS_IX-345.
Two (2) Prong Test For, IAS_IX-346.
Misconduct Reducing Effectiveness, IAS_IX-347.
Moral Turpitude (See Also Application) —
2008 Statutory Amendment — Effect of Examined, IAS_IX-348.
2012 Statutory Amendment — Effect of Examined, IAS_IX-349.
Criminal Charge Is Not Required, IAS_IX-350.
Criminal Conduct Is Not Required, IAS_IX-351.
Criminal Conviction Is Not Required, IAS_IX-352.
Drug-Free Workplace Policy & Misrepresentations Appurtenant Thereto Do Not Constitute, IAS_IX-354.
Found Lacking, IAS_IX-355.
Intent Is Required, IAS_IX-356.
Measured Against the Standards In Effect When the Conduct Took Place, IAS_IX-357.
Not Defined By Rule As Is Statutorily Required, IAS_IX-358.
Rule Definition Found to Require Conduct That Is Criminal In Nature, IAS_IX-359.
Standard Governing Determination of, IAS_IX-360.
Moral Turpitude, IAS_IX-361.
Physical Abuse of Student, IAS_IX-362.
Sexual Misconduct —
Harassment of Colleague, IAS_IX-363.
Heterosexual Contact With Adult Female Student, IAS_IX-364.
Heterosexual Contact With Student, IAS_IX-365.
Heterosexual Harassment of Female Student, IAS_IX-366.
Heterosexual Harassment of Subordinates, IAS_IX-367.
Heterosexual Kissing of Female Student’s Lips, IAS_IX-368.
Inconsistent Testimony By Student Affected, IAS_IX-369.
Student Records —
Educational Records Subject to Confidentiality Requirements Examined, IAS_IX-370.
Teachers Are Held to a High Moral Standard, IAS_IX-371.
Providing Inappropriate Assistance to Students, IAS_IX-372.
Violation of Procedure, IAS_IX-373.
Threatening Remarks to Other Staff, IAS_IX-374.
Threatening Remarks to Other Teachers, IAS_IX-375.
Use of Institutional Privileges For Personal Gain, IAS_IX-376.
Verbal Abuse of Administrators, IAS_IX-377.
Verbal Abuse of Colleagues, IAS_IX-378.
Verbal Abuse of Special Needs Students, IAS_IX-379.
Verbal Abuse of Students, IAS_IX-380.
Verbal Abuse of Students — Various Slurs, IAS_IX-381.
Violation of Board Rule, IAS_IX-382.
Violation of Probation, IAS_IX-383.
Violation of Student Confidentiality, IAS_IX-384.
Amendment of Application —
New Theory For Approval of Both Competing Applications Despite Numeric Need For Only One Constitutes An Impermissible Amendment, IAS_IX-385.
Permissible Changes to Distinguished From, IAS_IX-386.
Prohibition On Examined, IAS_IX-387.
Revised Financial Reports Permissible Even Encouraged, IAS_IX-388.
Applicant Has the Burden of Proof —
By a Preponderance of the Evidence, IAS_IX-389.
Financial Information — Requirements Have Been Lessened But Not Eliminated, IAS_IX-390.
Preliminary AHCA Decision Not Entitled to Presumption of Correctness, IAS_IX-391.
Comparative Review —
Dual Approval Theory Absent Established Need, IAS_IX-393.
Mandated By Due Process, IAS_IX-394.
Health Care Administration (AHCA) —
Forty-Five (45) Day Deadline For Entry of a Final Order Cannot Be Stayed, IAS_IX-395.
Health Care Planning Should Not Be Done On an Institution-Specific Basis, IAS_IX-396.
Preliminary Determination In the SAAR Not Entitled to a Presumption of Correctness, IAS_IX-397.
Rules — Legislative Reaffirmation of Examined, IAS_IX-398.
There Is No Longer a Federal Law Component, IAS_IX-399.
Comparative Review, IAS_IX-400.
Fixed Need Pool — Confirmed As Zero, IAS_IX-401.
Fixed Need Pool — Determined to Be Zero After Challenge to Contrary Finding, IAS_IX-402.
Intervenor Protest, IAS_IX-403.
Population Not Being Served Includes Those Not Receiving a Service That Can Only Be Provided By a Hospice, IAS_IX-404.
Acute Care — Replacement Facility, IAS_IX-405.
Acute Care, IAS_IX-406.
Acute Care — Comprehensive Medical Rehabilitation (CMR) Beds, IAS_IX-407.
Comparative Review (See Comparative Review)
Need (See Need)
Pediatric Kidney Transplantation Program, IAS_IX-408.
Tertiary Service Defined, IAS_IX-409.
Intervenors (See Also PRACTICE & PROCEDURE) —
Burden of Proof Is By a Preponderance of the Evidence, IAS_IX-410.
CON Statute Disposed of Part of the Generic 120 Standing Test of Agrico Chemical Co., IAS_IX-411.
Substantially Affected Test Discussed, IAS_IX-412.
Two (2) Prong Test For, IAS_IX-413.
Unrelated to the Merits of a Case, IAS_IX-414.
2008 Statutory Amendments Examined, IAS_IX-415.
AHCA Is Authorized to Determine That a Particular Applicant Can Meet the Need “More Appropriately”, IAS_IX-416.
Acute Care Hospital — New —
2008 Streamlining of the CON Review Process Did Not Eliminate Need As a Review Criterion, IAS_IX-417.
CON Deregulation For Additions Examined, IAS_IX-418.
Community Desires Are Not Equivalent to “Need”, IAS_IX-419.
Competition & Market Position Considered, IAS_IX-420.
Consideration of the Availability & Utilization of Existing Hospitals, IAS_IX-421.
Indigent Care Is Considered, IAS_IX-422.
There Is No Formal Travel Time Standard, IAS_IX-423.
Balanced Consideration of All Statutory & Rule Criteria, IAS_IX-424.
Desires of Local Government or Citizens Are Not Dispositive, IAS_IX-425.
Disaster Preparedness Is Within the Concept of, IAS_IX-426.
Financial Feasibility No Longer a Review Criterion, IAS_IX-427.
Five (5) Part Test For Determining Need, IAS_IX-428.
Fixed Need Pool —
Challenge to AHCA Application of Its Need Rule Affects Substantial Interests, IAS_IX-429.
Challenge to AHCA Application of Its Need Rule Methodology Is Contemplated, IAS_IX-430.
Determination Regarding Can Be Separated From a Decision on the Merits of An Application, IAS_IX-431.
Integral to Due Process For Comparative Review of Competing Applications, IAS_IX-432.
Time Limit For Challenges to Examined, IAS_IX-433.
Geographic Access — Modest Improvements In Are Not Dispositive, IAS_IX-434.
Job Creation Is Not Within the Concept of, IAS_IX-435.
Replacement Facility —
Effect of Recent Statutory Amendment Examined, IAS_IX-436.
Need Analysis Is Different From That For a New Facility (Hospital), IAS_IX-437.
Research & Educational Needs Are No Longer Review Criteria But May Be Considered Nonetheless, IAS_IX-438.
Rule Methodology —
Absence of — Long Term Acute Care Hospital, IAS_IX-439.
Not Normal Exception — Defined & Discussed, IAS_IX-440.
Not Normal Exception — Found Inapplicable, IAS_IX-441.
Numeric Need — Alone Is Not Dispositive, IAS_IX-442.
Numeric Need — Creates a Legal Presumption of Need, IAS_IX-443.
Numeric Need Lacking — Creates Rebuttable Presumption of No Need, IAS_IX-444.
Pediatric Kidney Transplant Unit, IAS_IX-445.
Special Circumstances Are Considered Only When There Is No Need, IAS_IX-446.
Satellite Hospitals Do Not Undergo Less Scrutiny, IAS_IX-447.
Travel Time Standard — There Is None, IAS_IX-448.
Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IAS_IX-449.
Nursing Home —
Community — New — Comparative Review, IAS_IX-450.
Short Term & Rehabilitation Beds — Change In AHCA Policy Regarding Examined, IAS_IX-452.
Purpose of CON Review —
Elimination of Unnecessary Duplication & Rational Examination of Alternative Methods of Achieving Healthcare Goals, IAS_IX-453.
Quality of Care —
Parent or Umbrella Organization Is Examined, IAS_IX-454.
Status As a New Entity — Analysis Need Not Be Based On Past Events, IAS_IX-455.
State Agency Action Report (SAAR) —
Preliminary AHCA Decision Not Entitled to a Presumption of Correctness, IAS_IX-456.
Stay Pending Appellate Review (See Also APPELLATE REVIEW) —
Found Not Contemplated Under Applicable Statute, IAS_IX-458.
120 Right to a Hearing Examined, IAS_IX-459.
Abuse Report — Inadequate Supervision — Substance Abuse, IAS_IX-460.
Access From Biological Mother — Unsupervised, IAS_IX-461.
Adoption Is Preferred Over Permanent Guardianship, IAS_IX-462.
Adoption Is a Privilege — There Is No Entitlement to, IAS_IX-463.
Adoption Is the Legislatively-Preferred Permanency Goal For Dependent Children, IAS_IX-464.
Adoption Proceedings Are Purely Statutory — Adoption Was Unknown At Common Law, IAS_IX-465.
Adoption Review Committee — Role of Examined, IAS_IX-466.
Adoption Review Committee — Required to Meet Any Time There Is a Recommendation For Denial of An Application, IAS_IX-467.
Age of an Applicant Is Relevant, IAS_IX-468.
Applicant – Including Relatives – Have No Fundamental Right to Adopt, IAS_IX-470.
Applicant — Track Record As a Parent Is Probative, IAS_IX-471.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-472.
Applicant Need Only Address Issues Raised In the Dept. Notice of Intent to Deny, IAS_IX-473.
Application For — Competing Applications — Best Interest of the Child Determinations Examined, IAS_IX-474.
Application For — Competing Applications — Grandparents, IAS_IX-475.
Application For — Competing Applications, IAS_IX-476.
Application For — Denied — Aunt, IAS_IX-477.
Application For — Denied — Competing Applications, IAS_IX-478.
Application For — Denied — Foster Parent, IAS_IX-479.
Application For — Denied — Grandparent, IAS_IX-480.
Application For — Denied — Great Aunt, IAS_IX-481.
Application For — Denied — Maternal Aunt, IAS_IX-482.
Application For — Denied — Maternal Aunt & Uncle, IAS_IX-483.
Application For — Denied — Maternal Grandmother, IAS_IX-484.
Application For — Denied — Maternal Grandparents, IAS_IX-485.
Application For — Denied — Maternal Uncle, IAS_IX-486.
Application For — Denied — One of Four (4) Siblings, IAS_IX-487.
Application For — Denied — Paramour — Former — Biological Mother, IAS_IX-488.
Application For — Denied — Paternal Grandmother, IAS_IX-489.
Application For — Denied — Sister, IAS_IX-490.
Application For — Denied — Special Needs Foster Child, IAS_IX-491.
Application For — Denied — Stepfather, IAS_IX-492.
Application For — Denied — Stepgrandparent, IAS_IX-493.
Application For — Denied — Yamasi People, IAS_IX-494.
Application For — Denied, IAS_IX-495.
Application For — Governed By the Law In Effect At the Time of a Final Decision, IAS_IX-496.
Application For — Granted — Grandparents, IAS_IX-497.
Application For — Recommended Denial — Reviewed By the Adoption Review Committee, IAS_IX-498.
Best Interest of the Child — Is a Fact Finding, IAS_IX-499.
Best Interest of the Child — Is the Paramount Concern, IAS_IX-500.
Best Interest of the Child — Past Performance Is a Good Barometer of Future Behavior, IAS_IX-501.
Best Interest of the Child — Past Performance Is the Best Indicator, IAS_IX-502.
Best Interest of the Child — Standard Is Amorphous & Formidable, IAS_IX-503.
Best Interest of the Child — Three (3) Part Test For, IAS_IX-504.
Burden of Proof — Applicant Has Ultimate Burden By a Preponderance of the Evidence, IAS_IX-505.
Burden of Proof — Denial — Competing Applications, IAS_IX-506.
Burden of Proof — Denial — Dept. Must Give & Prove Specific Reasons, IAS_IX-507.
Circuit Court — Confirmation of Placement of Children With Grandparents Over Dept. Recommendation Adhered to, IAS_IX-508.
Circuit Court — Dependency Proceeding Is Not Reviewable, IAS_IX-509.
Circuit Court — Dependency Proceeding Is Probative, IAS_IX-510.
Circuit Court — May Review Dept. Action In Regard to An Application, IAS_IX-511.
Circuit Court Jurisdiction Under 39 & 63 Examined (See Also Child — Dependency — Circuit Court Jurisdiction Regarding), IAS_IX-512.
Circuit Court Order Consolidating Adoption Case With Dependency Proceeding Quashed, IAS_IX-513.
Circuit Court Order Denying Motion to Withdraw Maternal Consent to Adopt Quashed, IAS_IX-514.
Corporal Punishment — Improper, IAS_IX-515.
Criminal Charge — Larceny, IAS_IX-516.
Criminal Charge — Possession of Cocaine With Intent to Distribute, IAS_IX-517.
Criminal Charge — Possession of Marijuana, IAS_IX-518.
Criminal Charge — Sexual Battery By a Person In Custodial/Familial Authority/Lewd & Lascivious Conduct, IAS_IX-519.
Criminal Conviction — Delivery of Cannabis Within 1000 Feet of a School, IAS_IX-520.
Criminal Conviction — Grand Theft, IAS_IX-521.
Criminal Conviction — Petit Theft, IAS_IX-522.
Criminal History — Child Neglect / Domestic Violence / Disturbing the Peace / Resisting An Officer / Disorderly Conduct, IAS_IX-523.
Criminal History — Live-In Son, IAS_IX-524.
Criminal Plea — Fraudulent Use of a Credit Card/Violation of Probation, IAS_IX-525.
Current Adoptive Parents of Siblings Are “Relatives” By Statute, IAS_IX-526.
Current Caregivers Are “Current Family” By Statute, IAS_IX-527.
Dept. ARC Members Are Experts Entitled to Deference By DOAH ALJ, IAS_IX-528.
Dept. Concerns About the Safety & Well-Being of the Children In the Home, IAS_IX-529.
Dept. Decisions Regarding Are Subject to 120 Review, IAS_IX-530.
Dept. Evaluates the Suitability of An Applicant, IAS_IX-531.
Dept. Has Broad Discretion, IAS_IX-532.
Dept. Has Obligation to Conduct, Supervise & Administer a Program For Dependent Children, IAS_IX-533.
Dept. Has Ultimate Responsibility For Deciding Whether to Approve An Application, IAS_IX-534.
Dept. Has a Statutory Obligation to Provide a Program For Dependent Children & Their Families, IAS_IX-535.
Dept. Is Authorized to Contract For Home Study & Placement Services, IAS_IX-536.
Dept. Is Authorized to Contract Services to Community-Based Care Providers, IAS_IX-537.
Dept. Is the Legal Custodian of a Child Until An Adoption Takes Place, IAS_IX-538.
Dept. Notice of Intent to Deny Must Include Reasons For Denial & Advise Applicant of Right to Administrative & Judicial Review, IAS_IX-539.
Dept. Owes No Particular Deference to ALJ Conclusions Regarding Placement, IAS_IX-540.
Dept. Policy Favoring Grandparents Repealed Statutorily In 2003 — Rule Priority Given No Weight, IAS_IX-541.
Dept. Policy Favoring Relatives, IAS_IX-542.
Dept. Policy to Try to Keep Siblings Together, IAS_IX-543.
Dept. Preliminary Decision Is Not Entitled to Deference — De Novo Review, IAS_IX-544.
Dept. Preliminary Decision Is Not Presumed Correct, IAS_IX-545.
Dept. Responsibilities When Evaluating An Application Examined, IAS_IX-546.
Dept. Responsibilities to Conduct, Supervise & Administer a Program For Dependent Children Examined, IAS_IX-547.
Dept. Suitability Determination Examined, IAS_IX-548.
Divorce — Fact That Both Petitioners Are Now In Their Third Marriage Is a Concern, IAS_IX-549.
Documentation of Past Residences Not Provided, IAS_IX-550.
Domestic Violence, IAS_IX-551.
Driving Under the Influence (DUI), IAS_IX-552.
Ethnic Uniformity Is Preferred, IAS_IX-553.
Existing Bond Is Relevant But Not Dispositive, IAS_IX-554.
Failure to Be Forthcoming During Application Process, IAS_IX-555.
Failure to Comply With Court-Ordered Services, IAS_IX-556.
Failure to Cooperate With Dept. & Natural Parents, IAS_IX-557.
Failure to Cooperate With Dept., IAS_IX-558.
Failure to Disclose History of Drug Abuse & Alcoholism, IAS_IX-559.
Failure to Enter Treatment & Aftercare For Alcoholism, IAS_IX-560.
Failure to Have Support of Family Members, IAS_IX-561.
Failure to Maintain Contact With Child After Removal From Home, IAS_IX-562.
Failure to Provide Adequate Supervision, IAS_IX-563.
Failure to Provide Adequate Transportation, IAS_IX-564.
Failure to Provide Backup Caregiver, IAS_IX-565.
Financial Resources — Found Lacking, IAS_IX-566.
Financial Resources — Superior Resources Are Not Dispositive, IAS_IX-567.
Fitness Found Lacking — Drug Use / Criminal History / Mental Health Issues, IAS_IX-568.
Fitness of the Adoptive Parents Is a “Focal Issue”, IAS_IX-569.
Health Concerns Regarding Adoptive Parents, IAS_IX-570.
Health Problems — Significant, IAS_IX-571.
Hearing Is Limited to Reasons Relied On In Dept. Denial, IAS_IX-572.
Home Study Updated, IAS_IX-573.
Improper Discipline, IAS_IX-574.
Inability (Involuntary Committment — Baker Act — Mental Health Issues), IAS_IX-575.
Inability (Mental Health Issues of Applicant), IAS_IX-576.
Inability (Physical Problems), IAS_IX-577.
Inability (Pregnant & Caring For Other Children), IAS_IX-578.
Inability (To Properly Care For the Children), IAS_IX-579.
Inability (To Provide For Special Individualized Medical Needs), IAS_IX-580.
Inability (To Provide For Special Individualized Needs), IAS_IX-581.
Inability (To Provide Requisite Education), IAS_IX-582.
Inadequate & Unsafe Home, IAS_IX-583.
Inadequate Sleeping Arrangements, IAS_IX-584.
Indian Child Welfare Act Found to Be Inapplicable —
Yamasi People Found Not to Be an Indian Tribe, IAS_IX-585.
Lack of Candor About Past Abuse Reports, IAS_IX-586.
Lack of Candor During the Application Process Is a Concern, IAS_IX-587.
Lack of Commitment to Parent the Child, IAS_IX-588.
Lack of an Adoption Home Study Is Not Dispositive, IAS_IX-589.
Law In Effect At Time of Final Decision Controls (See Also STATUTES, Applicability), IAS_IX-590.
Married But Separated For Twenty (20) Years, IAS_IX-591.
Match-Staffing Committee Discussed, IAS_IX-592.
Mechanics of the DCF Adoption Review Process Examined, IAS_IX-593.
Neglect — Medical, IAS_IX-594.
Parenting Experience Found Lacking, IAS_IX-595.
Past Conduct of An Applicant Is An Indicator of Future Behavior, IAS_IX-596.
Past Drug Problems, IAS_IX-597.
Past Problems In the Home Are Relevant, IAS_IX-598.
Physical Abuse — Verified Finding — Rebuttal of, IAS_IX-599.
Physical Disability, IAS_IX-600.
Poor Health & Marital Problems, IAS_IX-601.
Poor Social Boundary Decisions / Sex Addict / Medical Problems / Back-Up Caregiver Long Distant / Home Conditions Unacceptable, IAS_IX-602.
Proof of Florida Residency Found Lacking, IAS_IX-603.
Refusal to Submit to Drug Screen, IAS_IX-604.
Relatives Are the Placement of Choice, IAS_IX-605.
Religious Preference of Children Is Pertinent, IAS_IX-606.
Sexual Abuse —
Minor Daughter, IAS_IX-608.
Sexual Abuse, IAS_IX-609.
Stable & Appropriate Placement Should Not Be Disturbed, IAS_IX-610.
Stealing Electricity, IAS_IX-611.
Trauma From Removal From Current Caregivers, IAS_IX-612.
Unsafe & Unsanitary Home, IAS_IX-613.
Unstable Home Life, IAS_IX-614.
Aftercare Support Services —
Cash Assistance — Monthly Expenses Found Properly Considered, IAS_IX-615.
Cost of Leasing a New Apartment — Denied, IAS_IX-616.
Failure to Establish Need — Petitioner Currently Incarcerated, IAS_IX-617.
Financial Need For Support Found to Be Lacking, IAS_IX-618.
Hearing Is De Novo, IAS_IX-619.
Insufficient Progress Toward Independent Living, IAS_IX-620.
Petitioner Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-621.
Central Abuse Registry (See Also PERSONS WITH DISABILITIES, Agency For (APD)) —
Abuse Report —
Cannot Be Challenged Collaterally, IAS_IX-622.
Findings Cannot Be Challenged In An Administrative Hearing, IAS_IX-623.
Fla. Safe Families Network, IAS_IX-624.
Name Clearing Hearing On Verified Abuse Report Is No Longer Available, IAS_IX-625.
Statement Made By a Party Is Not Hearsay, IAS_IX-626.
Threat of Physical Injury / Emotional Abuse / Inadequate Supervision, IAS_IX-627.
Abuse or Neglect —
415 — 1997 Abolition of Registry & Establishment of Hotline — There Is No Longer a Right to Challenge the Veracity of a Report, IAS_IX-628.
415 — Statutory History Behind Examined, IAS_IX-629.
Exemption From Disqualification (See Also HEALTH CARE ADMINISTRATION, Agency For (AHCA); MEDICAID, Provider; PERSONS WITH DISABILITIES, Agency For (APD)) —
120 Is Applicable to Challenges, IAS_IX-630.
435 — Does Not Limit Time Frame For Dept. Evaluation, IAS_IX-631.
435 — Is to Be Strictly Construed, IAS_IX-632.
435 — Purpose of Prohibition From Employment In a Position of Special Trust, IAS_IX-633.
435 — Was Enacted to Protect the Public Welfare Therefore Must Be Strictly Construed (See Also Statutory Provisions Regarding), IAS_IX-634.
435.07 Is Procedural Not Substantive, IAS_IX-635.
2016 Statutory Amendment Bars an Exemption & Requires Rescreening By 8/1/16, IAS_IX-636.
Absolute Prohibition On Grant of — Six (6) Enumerated Circumstances Examined, IAS_IX-637.
Abuse Registry Report, IAS_IX-638.
Abuse Registry Report (See Also Abuse Registry Report)
Abuse of Discretion (See Also CONTRACTS (Bids / Protests, Protest, Standard of DOAH Review))
Abuse of Discretion Standard — Conclusion of Law, IAS_IX-639.
Abuse of Discretion Standard — Defined & Discussed, IAS_IX-640.
Abuse of Discretion Standard — DOAH ALJ Cannot Merely Substitute Their Judgment, IAS_IX-641.
Abuse of Discretion Standard — DOAH Recommended Order Must Contain Legal Conclusion As to Whether There Was an Abuse of Discretion, IAS_IX-642.
Abuse of Discretion Standard — DOAH Review Is a Form of Intra-Department Review, IAS_IX-643.
Abuse of Discretion Standard — DOAH Review Remains De Novo to a Limited Extent, IAS_IX-644.
Abuse of Discretion Standard — Dept. Rejection of DOAH Finding That Discretion Was Abused Affirmed, IAS_IX-645.
Abuse of Discretion Standard Does Not Apply to Rehabilitation But Rather to the Ultimate Decision, IAS_IX-646.
Abuse of Discretion Standard Is Highly Deferential, IAS_IX-647.
Abuse of Discretion Standard Is Now Applicable — DOAH Conclusion of Law Regarding Rejected, IAS_IX-648.
Abuse of Discretion Standard Is Now Applicable — DOAH Review Can Be Based On Facts Newly Discovered At Final Hearing, IAS_IX-649.
Abuse of Discretion Standard Is Now Applicable — DOAH Review Is Analogous to Bid Protests, IAS_IX-650.
Abuse of Discretion Standard Is Now Applicable — DOAH Review Is De Novo, IAS_IX-651.
Abuse of Discretion Standard Is Now Applicable — DOAH Review Is No Longer De Novo, IAS_IX-652.
Abuse of Discretion Standard Is Now Applicable — DOAH Review Requires All Information Submitted With the Application, IAS_IX-653.
Abuse of Discretion Standard of Review, IAS_IX-654.
Abuse of Discretion Standard of Review Took Effect 8/1/10, IAS_IX-655.
Agency Head Must Grant the Exemption, IAS_IX-656.
Alcohol Abuse, IAS_IX-657.
Applicant Cannot Conceal Criminal History On Basis of a Request For Expunction, IAS_IX-658.
Applicant Failure to Appear At Hearing, IAS_IX-659.
Applicant Has No Entitlement to An Exemption, IAS_IX-660.
Applicant Has the Burden of Proof At All Times, IAS_IX-661.
Applicant Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-662.
Applicant’s Conduct Subsequent to Application For an Exemption Can Be Considered, IAS_IX-663.
Background Screening — Purpose Behind Examined, IAS_IX-664.
Civil Citation — Traffic Infractions Are Probative, IAS_IX-665.
Conditional or Limited Exemptions Are Not Contemplated, IAS_IX-666.
Controlled Substance Abuse — Heroin/Oxycodone/Percocet, IAS_IX-667.
Controlled Substance Abuse, IAS_IX-668.
Counseling Can Be Required As a Precondition of an Exemption, IAS_IX-669.
Criminal Behavior — Conduct Prior to Is Relevant, IAS_IX-670.
Criminal Charge — Aggravated Assault With a Deadly Weapon, IAS_IX-671.
Criminal Charge — Aggravated Assault, IAS_IX-672.
Criminal Charge — Aggravated Battery of a Child, IAS_IX-673.
Criminal Charge — Aggravated Battery/ Battery, IAS_IX-674.
Criminal Charge — Aggravated Battery/ Domestic Violence, IAS_IX-675.
Criminal Charge — Aggravated Battery/ Failure to Appear/ Driving With a Suspended License/ Giving False Information to Law Enforcement/Contributing to the Delinquency of a Minor, IAS_IX-676.
Criminal Charge — Battery & Disorderly Conduct/ Resisting Arrest Without Violence/ Failure to Appear/ Petit Theft/ Aggravated Battery With a Deadly Weapon, IAS_IX-677.
Criminal Charge — Battery On a Law Enforcement Officer, IAS_IX-678.
Criminal Charge — Battery On a Minor, IAS_IX-679.
Criminal Charge — Burglary / Petit Theft / Grand Theft, IAS_IX-680.
Criminal Charge — Child Abuse/ Theft/ Possession of Controlled Substances, IAS_IX-681.
Criminal Charge — Criminal Mischief, IAS_IX-682.
Criminal Charge — Cruelty Toward a Child, IAS_IX-683.
Criminal Charge — Dealing In Stolen Property, IAS_IX-684.
Criminal Charge — Disorderly Conduct, IAS_IX-685.
Criminal Charge — Domestic Violence, IAS_IX-686.
Criminal Charge — Driving With a Suspended License/Possession of Illegal Fish & Game/Battery/Possession of Controlled Substances & Paraphernalia, IAS_IX-687.
Criminal Charge — Driving With a Suspended License, IAS_IX-688.
Criminal Charge — Driving Without a Valid License / Domestic Battery / Petit Theft, IAS_IX-689.
Criminal Charge — False Imprisonment, IAS_IX-690.
Criminal Charge — False Statements, IAS_IX-691.
Criminal Charge — Fraudulent Use of Personal Identification, IAS_IX-692.
Criminal Charge — Grand Theft/ Possession of Cocaine/ Failure to Pay Child Support or Appear, IAS_IX-693.
Criminal Charge — Larceny, IAS_IX-694.
Criminal Charge — Loitering & Prowling, IAS_IX-695.
Criminal Charge — Loitering / Aggravated Assault / Grand Theft / Burglary / Trespass / Aggravated Battery, IAS_IX-696.
Criminal Charge — Passing a Worthless Check, IAS_IX-697.
Criminal Charge — Petit Larceny & Theft, IAS_IX-698.
Criminal Charge — Petit Larceny/Scheme to Defraud/Disorderly Conduct/DUI/Possession of a Controlled Substance/ Aggravated Harassment, IAS_IX-699.
Criminal Charge — Petit Theft, IAS_IX-700.
Criminal Charge — Possession of Cocaine & Paraphernalia, IAS_IX-701.
Criminal Charge — Possession of Cocaine & Tampering With Evidence, IAS_IX-702.
Criminal Charge — Possession of Cocaine, IAS_IX-703.
Criminal Charge — Possession of Drug Paraphernalia, IAS_IX-704.
Criminal Charge — Possession of Marijuana, IAS_IX-705.
Criminal Charge — Possession of Paraphernalia/Unarmed Robbery/Fraud/Possession of Crack Cocaine/Violation of Probation/Uttering a Forged Check/Aggravated Battery, IAS_IX-706.
Criminal Charge — Public Lewdness, IAS_IX-707.
Criminal Charge — Resisting An Officer Without Violence, IAS_IX-708.
Criminal Charge — Resisting Arrest With Violence, IAS_IX-709.
Criminal Charge — Resisting Arrest Without Violence, IAS_IX-710.
Criminal Charge — Robbery, Criminal Trespassing & Possession of Controlled Substances, IAS_IX-711.
Criminal Charge — Robbery, IAS_IX-712.
Criminal Charge — Sale of Cocaine Within 1000 Feet of a Church, IAS_IX-713.
Criminal Charge — Shoplifting / Contempt of Court / Sale of Cocaine / Possession of Marijuana / Trafficking In Oxycodone, IAS_IX-714.
Criminal Charge — Trafficking In Cocaine, IAS_IX-715.
Criminal Charge — Unlicensed Carrying of a Concealed Weapon, IAS_IX-716.
Criminal Charge — Violating a Domestic Violence Injunction, IAS_IX-717.
Criminal Charge — Violation of Adult Entertainment Code, IAS_IX-718.
Criminal Charge — Violation of Probation — Smoking Marijuana, IAS_IX-719.
Criminal Charge — Violation of Probation, IAS_IX-720.
Criminal Charge — Willful Killing, IAS_IX-721.
Criminal Conviction — Abusive Sexual Contact, IAS_IX-722.
Criminal Conviction — Acquiring a Controlled Substance By Fraud, IAS_IX-723.
Criminal Conviction — Aggravated Battery/Resisting An Officer Without Violence, IAS_IX-724.
Criminal Conviction — Aggravated Battery, IAS_IX-725.
Criminal Conviction — Armed Robbery, IAS_IX-726.
Criminal Conviction — Attempted Grand Larceny, IAS_IX-727.
Criminal Conviction — Attempted Murder/Armed Robbery/Use of a Firearm In the Commission of a Felony, IAS_IX-728.
Criminal Conviction — Battery / Domestic Violence, IAS_IX-729.
Criminal Conviction — Battery On a Law Enforcement Officer / Criminal Mischief, IAS_IX-730.
Criminal Conviction — Battery, IAS_IX-731.
Criminal Conviction — Breach of Peace / Disorderly Intoxication / Driving While License Suspended / Trespass-Habitual, IAS_IX-732.
Criminal Conviction — Burglary, IAS_IX-733.
Criminal Conviction — Cocaine Possession/Intent to Sell Near a School, IAS_IX-734.
Criminal Conviction — Contempt of Court, IAS_IX-735.
Criminal Conviction — DUI, IAS_IX-736.
Criminal Conviction — Domestic Battery/Aggravated Assault/ Aggravated Battery/Aggravated Assault With a Weapon/ Cruelty Toward a Child/False Report/Grand Larceny, IAS_IX-737.
Criminal Conviction — Domestic Violence, IAS_IX-738.
Criminal Conviction — Felony Battery, IAS_IX-739.
Criminal Conviction — Forgery/ Robbery, IAS_IX-740.
Criminal Conviction — Grand Larceny/Forgery of a Credit Card, IAS_IX-741.
Criminal Conviction — Grand Larceny, IAS_IX-742.
Criminal Conviction — Grand Theft/ Burglary/ Possession of Controlled Substances/ DUI, IAS_IX-743.
Criminal Conviction — Grand Theft/ False Statements to Obtain Unemployment Benefits/ Worthless Checks, IAS_IX-744.
Criminal Conviction — Grand Theft/ Possession of Cocaine, IAS_IX-745.
Criminal Conviction — Grand Theft/ Public Assistance Fraud/ Petit Theft, IAS_IX-746.
Criminal Conviction — Grand Theft/Possession of Cocaine/Uttering Forged Instruments, IAS_IX-747.
Criminal Conviction — Grand Theft, IAS_IX-748.
Criminal Conviction — Harassing Phone Calls, IAS_IX-749.
Criminal Conviction — Lewd & Lascivious Conduct (Streaking), IAS_IX-750.
Criminal Conviction — Manufacturing Cocaine Base, IAS_IX-751.
Criminal Conviction — Misdemeanor Battery On a Minor (Domestic), IAS_IX-752.
Criminal Conviction — Murder — Second Degree, IAS_IX-753.
Criminal Conviction — Petit Theft, IAS_IX-754.
Criminal Conviction — Possession & Sale of Cocaine/Criminal Mischief/Retail Theft/Worthless Checks/Violation of Probation, IAS_IX-755.
Criminal Conviction — Possession of Cocaine/Child Abuse, IAS_IX-756.
Criminal Conviction — Possession of Cocaine, IAS_IX-757.
Criminal Conviction — Possession of Crack Cocaine, IAS_IX-758.
Criminal Conviction — Possession, Manufacture & Delivery of a Controlled Substance, IAS_IX-759.
Criminal Conviction — Prostitution/ Possession of a Controlled Substance/ Assault With a Deadly Weapon, IAS_IX-760.
Criminal Conviction — Resisting Arrest With Violence, IAS_IX-761.
Criminal Conviction — Robbery, IAS_IX-762.
Criminal Conviction — Sale of Heroin, IAS_IX-763.
Criminal Conviction — Second Degree Murder, IAS_IX-764.
Criminal Conviction — Shoplifting, IAS_IX-765.
Criminal Conviction — Trafficking In Marijuana/Possession of Cocaine/Trafficking In Cocaine/Possession of Cocaine With Intent to Sell/Trespass, IAS_IX-766.
Criminal Conviction — Uttering a Forged Instrument/ Grand Theft, IAS_IX-767.
Criminal Conviction — Violation of Probation, IAS_IX-768.
Criminal Conviction — Worthless Check/Traffic Offenses, IAS_IX-769.
Criminal Plea — Acceptance of a Plea Results In a Conviction, IAS_IX-770.
Criminal Plea — Aggravated Assault & Battery, IAS_IX-771.
Criminal Plea — Aggravated Assault With a Deadly Weapon / Violation of Probation, IAS_IX-772.
Criminal Plea — Aggravated Assault, IAS_IX-773.
Criminal Plea — Aggravated Battery With a Deadly Weapon, IAS_IX-774.
Criminal Plea — Aggravated Battery/ Violation of Probation/ Larceny/ Discharge Missile Into Vehicle/ Driver’s License Suspension, IAS_IX-775.
Criminal Plea — Assault & Battery, IAS_IX-776.
Criminal Plea — Battery, IAS_IX-777.
Criminal Plea — Battery On a Law Enforcement Officer / Resisting an Officer With Violence, IAS_IX-778.
Criminal Plea — Battery On a Law Enforcement Officer/ Obstructing a Law Enforcement Officer/Resisting Arrest/ Possession of Cocaine & Marijuana, IAS_IX-779.
Criminal Plea — Battery On a Law Enforcement Officer, IAS_IX-780.
Criminal Plea — Battery/ Violation of Probation, IAS_IX-781.
Criminal Plea — Burglary / Cocaine Possession / Petit Theft / Resisting Arrest Without Violence / Driving While License Suspended / Trespass / Aggravated Assault, IAS_IX-782.
Criminal Plea — Burglary of An Occupied Dwelling/Voyeurism, IAS_IX-783.
Criminal Plea — Burglary of a Conveyance, IAS_IX-784.
Criminal Plea — Cannot Be Collaterally Attacked, IAS_IX-785.
Criminal Plea — Child Abuse, IAS_IX-786.
Criminal Plea — Circumstances Surrounding Can Be Explained — Underlying Conduct Cannot Be Relitigated, IAS_IX-787.
Criminal Plea — Circumstances Surrounding Can Be Presented Only, IAS_IX-788.
Criminal Plea — Cocaine — Delivery, IAS_IX-789.
Criminal Plea — Cocaine — Possession of, IAS_IX-790.
Criminal Plea — Constitutes An Admission of the Underlying Facts, IAS_IX-791.
Criminal Plea — Criminal Mischief, IAS_IX-792.
Criminal Plea — Criminal Solicitation / Simple Assault & Harassment, IAS_IX-793.
Criminal Plea — DUI, IAS_IX-794.
Criminal Plea — Disorderly Conduct, IAS_IX-795.
Criminal Plea — Domestic Battery/Criminal Mischief, IAS_IX-796.
Criminal Plea — Domestic Battery, IAS_IX-797.
Criminal Plea — Domestic Violence/Criminal Mischief, IAS_IX-798.
Criminal Plea — Domestic Violence, IAS_IX-799.
Criminal Plea — Driving While License Is Suspended, IAS_IX-800.
Criminal Plea — Evidentiary Effect of, IAS_IX-801.
Criminal Plea — Exploitation of a Disabled Adult, IAS_IX-802.
Criminal Plea — Exploitation of an Elderly Person/Driving With Suspended License, IAS_IX-803.
Criminal Plea — Failure to Redeliver Hired or Leased Personal Property, IAS_IX-804.
Criminal Plea — False Statement to Obtain Property/Contempt of Court/Traffic Violations/Petit Theft, IAS_IX-805.
Criminal Plea — Forgery / Uttering a Forged Check / Grand Theft / Uttering a Forged Loan Application / Organized Fraud / Petit Theft, IAS_IX-806.
Criminal Plea — Found to Constitute a Conviction, IAS_IX-807.
Criminal Plea — Fraudulent Use of a Credit Card, IAS_IX-808.
Criminal Plea — Grand Larceny/Assault & Battery/Concealing Stolen Property/Driving With a Suspended License/Possession of Cocaine, 2569-2572 & 2573.
Criminal Plea — Grand Theft/ Burglary/ Carrying a Concealed Weapon/ Fleeing Police to Elude/ Resisting Arrest Without Violence/ Carrying a Concealed Weapon/ Disorderly Conduct/ Misdemeanor Theft/ Failure to Appear/ Vehicle Theft/ Discharge of Firearm In Public, IAS_IX-809.
Criminal Plea — Grand Theft, IAS_IX-810.
Criminal Plea — Guilty Plea Is Equivalent to a Conviction, IAS_IX-811.
Criminal Plea — Indecent Exposure (Breast Feeding Another’s Crying Child), IAS_IX-812.
Criminal Plea — Indecent Exposure (Urinating In Public), IAS_IX-813.
Criminal Plea — Lewd & Lascivious Act/ Scheme to Defraud/ Credit Card Fraud/ Grand Theft, IAS_IX-814.
Criminal Plea — Marijuana Possession, IAS_IX-815.
Criminal Plea — Misdemeanor Battery/ DUI/ Using a Firearm Under the Influence/ Improper Exhibition of a Firearm, IAS_IX-816.
Criminal Plea — Obtaining a Driver’s License By Fraud, IAS_IX-817.
Criminal Plea — Petit Theft, IAS_IX-818.
Criminal Plea — Possession of Cannabis / Possession of Cocaine With Intent to Sell / Trafficking Cocaine / Possession of a Firearm, IAS_IX-819.
Criminal Plea — Possession of Cocaine & Paraphernalia, IAS_IX-820.
Criminal Plea — Possession of Cocaine With Intent to Distribute, IAS_IX-821.
Criminal Plea — Possession of Cocaine With Intent to Sell/ Petit Theft, IAS_IX-822.
Criminal Plea — Possession of Cocaine, IAS_IX-823.
Criminal Plea — Possession of Controlled Substances & Paraphernalia/ Reckless Driving/ Violation of Probation, IAS_IX-824.
Criminal Plea — Possession of Controlled Substances/ DUI With Property Damage, IAS_IX-825.
Criminal Plea — Possession of a Controlled Substance / Grand Theft / Exploitation of the Elderly, IAS_IX-826.
Criminal Plea — Prostitution, IAS_IX-827.
Criminal Plea — Public Assistance Fraud, IAS_IX-828.
Criminal Plea — Receipt of Stolen Property & Failure to Return Rental Car, IAS_IX-829.
Criminal Plea — Resisting An Officer With Violence/Battery On a Police Officer, IAS_IX-830.
Criminal Plea — Sale & Possession of a Controlled Substance/ Failure to Appear In Traffic Court/ Resisting Arrest Without Violence/ Domestic Battery/ Disorderly Conduct, IAS_IX-831.
Criminal Plea — Solicitation to Deliver Cocaine, IAS_IX-832.
Criminal Plea — Soliciting Prostitution/ Resisting Arrest w/o Violence/ Possession of Cocaine, IAS_IX-833.
Criminal Plea — Traffic Offense, IAS_IX-834.
Criminal Plea — Trafficking Cocaine/ Grand Theft/ Petit Theft, IAS_IX-835.
Criminal Plea — Trespass/ Resisting Arrest w/o Violence/ Driving w/o License or Tag/ Domestic Violence, IAS_IX-836.
Criminal Plea — Underlying Facts & Circumstances Can Be Explained or Denied, IAS_IX-837.
Criminal Plea — Uttering a Forged Instrument, IAS_IX-838.
Criminal Plea — Violation of Probation — Inability to Pay Monetary Assessments Cannot Constitute, IAS_IX-839.
Denial Does Not Constitute a Sanction, IAS_IX-840.
Denial Does Not Preclude Reapplication Based On New Evidence of Rehabilitation, IAS_IX-841.
Denial Letter Must Give Specific Reasons So That That Applicant Has a Fair Opportunity to Refute Them, IAS_IX-842.
Dept Is Not Limited As to the Time Frame It Considers, IAS_IX-844.
Dept. Can Consider Civil Traffic Infractions, IAS_IX-845.
Dept. Cannot Amend Basis For Denial Right Before Hearing, IAS_IX-846.
Dept. Exemption Review Summary Is the Primary Source of Compiled Information That the Dept. Relies On, IAS_IX-847.
Dept. Has Absolute Discretion to Deny, IAS_IX-848.
Dept. Has No Authority or Capability to Condition An Exemption On Absentence From Illegal Drug Use, IAS_IX-849.
Dept. Has No Burden to Prove Anything, IAS_IX-850.
Dept. Has No Obligation to Meet In Person With the Applicant, IAS_IX-851.
Dept. Is Not Limited to Consideration of Disqualifying Offenses, IAS_IX-852.
Dept. Must Articulate Rationale Behind a Denial, IAS_IX-853.
Dept. Original Disqualification Is Not Reviewed – Just the Denial of an Exemption, IAS_IX-854.
Dept. Secretary Need Merely to Sign the Letter — There Is No Distinction Between Dept. & Its Secretary’s Review, IAS_IX-855.
Dept. Secretary Need Not Testify Personally At Hearing — Any Subordinate Staff With Actual Knowledge May Testify, IAS_IX-856.
Dept. Secretary Need Not Testify Personally At Hearing — Subordinate Staff Who Testify Need Not Have Personal Knowledge Regarding the Secretary’s Review, IAS_IX-857.
Dept. Staff Testimony Is Not Dispositive or Even Germane, IAS_IX-858.
Disqualifying Offense — 2016 Statutory Amendment Bars Exemption For Certain Offenses Retroactively, IAS_IX-859.
Disqualifying Offense — Consideration of Subsequent Nondisqualifying Offenses Is Proper, IAS_IX-860.
Disqualifying Offense — Dept. Determines Which Offenses Constitute Based Upon the Program For Which An Applicant Is Fingerprinted, IAS_IX-861.
Disqualifying Offense — Discussed, IAS_IX-862.
Disqualifying Offense — Failure to Pay Fines, IAS_IX-863.
Disqualifying Offense — Must Be Addressed, IAS_IX-864.
Disqualifying Offense — Nondisqualifying Offense Can Also Be Considered, IAS_IX-865.
Disqualifying Offense — Probative Fact Thereafter Can Be Considered, IAS_IX-866.
Disqualifying Offense — Purpose of Prohibition On Employment, IAS_IX-867.
Disqualifying Offense — Relevant Facts Before & After Can Be Considered, IAS_IX-868.
Disqualifying Offense — Sanction Includes Order to Pay Fees & Costs, IAS_IX-869.
Disqualifying Offense — Subsequent Nondisqualifying Criminal Charge Is Relevant, IAS_IX-870.
Disqualifying Offense — Three (3) Year Waiting Period — “Sanction” Defined, IAS_IX-871.
Disqualifying Offense — Three (3) Years Must Elapse Since Completion of All Sanctions, IAS_IX-872.
Domestic Violence — Injunction — Violation of, IAS_IX-873.
Domestic Violence, IAS_IX-874.
Exemption From Disqualification — Remand For a New Hearing, IAS_IX-875.
Exemption Granted By Another Agency Does Not Bind the DCF, IAS_IX-876.
Exemption Proceedings Are Analagous to Licensing Proceedings, IAS_IX-877.
Exemption Strictly Construed Against Person Claiming Entitlement to, IAS_IX-878.
Failure to Appear At Hearing, IAS_IX-879.
Failure to Disclose Criminal Charge, IAS_IX-880.
Full vs. Conditional or Limited Exemption Discussed, IAS_IX-881.
Inadequate Supervision (Child Received Numerous Bites From Another Child) Constitutes Neglect, IAS_IX-883.
Limited Exemption Granted Over Challenge, IAS_IX-884.
Limited Exemptions to Allow Work In Substance Abuse Treatment Programs Is Contemplated, IAS_IX-885.
Rehabilitation — Criminal Charge Without More Is Not Dispositive, IAS_IX-886.
Rehabilitation — DOAH Role In a Formal Hearing Examined, IAS_IX-887.
Rehabilitation — Defined & Discussed, IAS_IX-888.
Rehabilitation — Failure to Accept Personal Responsibility, IAS_IX-889.
Rehabilitation — Found to Have Been Properly Established, IAS_IX-890.
Rehabilitation — Lack of Candor, IAS_IX-891.
Rehabilitation — Lack of Remorse, IAS_IX-892.
Rehabilitation — Proof of — All Available Evidence Is Considered, IAS_IX-893.
Rehabilitation — Proof of — Application For Exemption — Admissibility of, IAS_IX-894.
Rehabilitation — Proof of — Case-By-Case Assessment of All Relevant Evidence, IAS_IX-895.
Rehabilitation — Proof of — Case-By-Case Assessment — Fact Specific — No Deference to DOAH Opinion On Precedent, IAS_IX-896.
Rehabilitation — Proof of — DOAH Findings Regarding Are Fact Findings, IAS_IX-897.
Rehabilitation — Proof of — DOAH Is Required to Make Findings Regarding Based On Evidence Presented At Hearing, IAS_IX-898.
Rehabilitation — Proof of — DUI Convictions Suggest Lack of, IAS_IX-899.
Rehabilitation — Proof of — Entire Disqualifying History Is Considered, IAS_IX-900.
Rehabilitation — Proof of — Failure to Address Disqualifying Offense, IAS_IX-901.
Rehabilitation — Proof of — Fifteen (15) Years Lapsed Since Offense, IAS_IX-902.
Rehabilitation — Proof of — Found Insufficient, IAS_IX-903.
Rehabilitation — Proof of — Keyed to the Disqualifying Offense, IAS_IX-904.
Rehabilitation — Proof of — New Evidence Can Be Considered, IAS_IX-905.
Rehabilitation — Proof of — New Evidence Is Not Limited to Criminal Arrests or Convictions, IAS_IX-906.
Rehabilitation — Proof of — Nine (9) Years Lapsed Since Offense, IAS_IX-907.
Rehabilitation — Proof of — Not Subject to Abuse of Discretion Test, IAS_IX-908.
Rehabilitation — Proof of — Petitioner’s Self-Serving Testimony Is Competent Substantial Evidence & Probative When Remorseful & Responsibility Is Accepted, IAS_IX-909.
Rehabilitation — Proof of — Recent Criminal Problems, IAS_IX-910.
Rehabilitation — Proof of — Remorse Alone Is Insufficient, IAS_IX-911.
Rehabilitation — Proof of — Seven (7) Years Lapsed Since Offense, IAS_IX-912.
Rehabilitation — Proof of — Seventeen (17) Years Lapsed Since Offense, IAS_IX-913.
Rehabilitation — Proof of — Six (6) Years Lapsed Since Offense, IAS_IX-914.
Rehabilitation — Proof of — Sixteen (16) Years Lapsed Since Offense, IAS_IX-915.
Rehabilitation — Proof of — Thirteen (13) Years Lapsed Since Offense, IAS_IX-916.
Rehabilitation — Proof of — Thirty (30) Years Lapsed Since Offense, IAS_IX-917.
Rehabilitation — Proof of — Twelve (12) Years Lapsed Since Offense, IAS_IX-918.
Rehabilitation — Proof of — Twenty (20) Years Lapsed Since Offense, IAS_IX-919.
Rehabilitation — Proof of — Twenty Nine (29) Years Lapsed Since Offense, IAS_IX-920.
Rehabilitation — Proof of — Twenty Seven (27) Years Lapsed Since Offense, IAS_IX-921.
Rehabilitation — Proof of — Twenty Three (23) Years Lapsed Since Offense, IAS_IX-922.
Rehabilitation — Proof of, IAS_IX-923.
Rehabilitation — Threshold Not Ultimate Issue, IAS_IX-924.
Statutory Amendment — Law At the Time of the Final Decision Applies, IAS_IX-925.
Statutory List of Five (5) Disqualifying Offenses, IAS_IX-926.
Statutory Provisions Regarding Are to Be Strictly Construed Against the Person Claiming the Exemption (See Also 435 — Was Enacted To …), IAS_IX-927.
Traffic Infractions Are Probative, IAS_IX-928.
Voluntary Relinquishment of a Professional License, IAS_IX-929.
Child — Dependency — Circuit Court Jurisdiction Regarding (See Also Adoption, Circuit Court Jurisdiction) —
39 Gives the Circuit Court Primary & Continuing Jurisdiction, IAS_IX-930.
Authority to Order DCF to Expend Funds In a Particular Manner Found Lacking, IAS_IX-931.
Authority to Order a Child Placed In a Particular Facility Found Lacking, IAS_IX-932.
Circuit Court Dependency Proceedings Are Not Cognizable Under 120.57, IAS_IX-933.
Court Must Promote the Enforcement of a Child’s Rights & Require Accountability From the Agency Involved, IAS_IX-934.
DCF Cannot Invalidate the Actions of a Dependency Court, IAS_IX-935.
Dependency Is a Creature of Statute, IAS_IX-936.
Sexually Abused Girl At Hands of Adoptive Father Who Repeatedly Eloped & Accrued Criminal Charges & Drug Issues, IAS_IX-937.
Termination of Parental Rights —
Circuit Court Has Primary Responsibility, IAS_IX-938.
Circuit Court Order Directing Dept. to Pay Travel Costs of Pro Bono Attorney At Litem Representing Child In Dept. Custody —
Order Quashed On Basis of a Violation of the Separation of Powers Doctrine, IAS_IX-939.
DCF Hearing Officer —
Can Consider Unpromulgated Rule Challenge Outside the Scope of a 120.56 Challenge, IAS_IX-940.
Declaratory Statements (See DECLARATORY STATEMENTS)
Recoupment of Overpayment, IAS_IX-941.
Formal 120.57(1) Hearings —
120.80(7) Allows DCF to Use Its Own Hearing Officers Instead of DOAH ALJ’s In Its Execution of Certain Social & Economic Programs —
All 120 Rights Apply, IAS_IX-942.
Institutional Care Program (See MEDICAID)
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-943.
Body Piercing Salon — Failure to Keep Requisite Written Records, IAS_IX-944.
Child Care Facility —
Active Abuse Report, IAS_IX-945.
Administrative Warning Does Not Trigger Right to Hearing, IAS_IX-946.
Application For Licensure Submitted With a Forged Notarized Signature, IAS_IX-947.
Class I & II Violations Defined & Discussed, IAS_IX-948.
Class I Violations Defined & Discussed, IAS_IX-949.
Dept. Grants Renewal of Family Day Care & Denies Application For Large Family Dare Care License — Reversed & Remanded/Certified Conflict Question, IAS_IX-950.
Dept. Regulatory Jurisdiction Preempts County Government, IAS_IX-951.
Emergency Final Order of Suspension, IAS_IX-952.
Exemption — After School Program — Four (4) Types Examined — Application For Denied, IAS_IX-953.
Failure to Conduct Background Check On Staff — Certain Volunteers Are Exempt Under Certain Circumstances, IAS_IX-954.
Failure to Conduct Background Screening of Staff, IAS_IX-955.
Failure to Correct Deficiencies, IAS_IX-956.
Failure to Document Injuries to Children, IAS_IX-957.
Failure to Document Requisite Training, IAS_IX-958.
Failure to Follow Written Instructions For Dispensing a Medication, IAS_IX-959.
Failure to Have Minimum Experience, IAS_IX-960.
Failure to Install Pool Alarm In Unfenced Backyard Pool, IAS_IX-961.
Failure to Maintain On File Appropriate Immunization Records, IAS_IX-962.
Failure to Maintain Parental Consent Forms For Minors, IAS_IX-963.
Failure to Maintain Personnel Screening Records — Repeat Offenses, IAS_IX-964.
Failure to Maintain Personnel Screening Records, IAS_IX-965.
Failure to Properly Administer Medications, IAS_IX-966.
Failure to Properly Train Staff, IAS_IX-967.
Falsification of Licensure Application, IAS_IX-968.
Family Day Care Home —
Failure to Meet Minimum Experience Requirement, IAS_IX-969.
Operate Without the Requirements of Minimum Standards, IAS_IX-971.
Fine — Suspended So Long As Facility Remain Closed, IAS_IX-972.
Gold Seal Designation —
Benefits of Examined — Not Required For Licensure — Cannot Be Delegated to County Government, IAS_IX-973.
Class I Violation — Revoked, IAS_IX-974.
Is a License, IAS_IX-976.
Is Merely a Mark of Quality That May Be Applied For, IAS_IX-977.
Is Not a License — Termination of Is Merely a Collateral Consequence of a Class I Violation, IAS_IX-978.
Left Child Unattended In Vehicle — Termination, IAS_IX-979.
Must Be Free of Class I Designations For Two (2) Years, IAS_IX-980.
Revocation of — Leaving Child Unattended In Car, IAS_IX-981.
Termination of Is a Ministerial & Collateral But Separate Consequence of a Disciplinary Action, IAS_IX-982.
Termination of, IAS_IX-983.
Inadequate & Unsafe Facility, IAS_IX-984.
Inadequate Staffing Ratios — Found to Be a Serious Violation, IAS_IX-985.
Inadequate Staffing Ratios, IAS_IX-986.
Inadequate Supervision — Ability to Avoid the Harm Is Crucial, IAS_IX-987.
Inadequate Supervision — Child Allowed to Leave the Facility Unsupervised, IAS_IX-988.
Inadequate Supervision — Child Falls From Piece of Play Equipment, IAS_IX-989.
Inadequate Supervision — Child Out-of-Sight — Inappropriate Touching, IAS_IX-990.
Inadequate Supervision — Child Sustains Serious Injuries, IAS_IX-991.
Inadequate Supervision — Duty of Care At Drop Off Examined, IAS_IX-992.
Inadequate Supervision — Failure to Meet Child At Bus Stop, IAS_IX-993.
Inadequate Supervision — Infant Burned From Hot Tea, IAS_IX-994.
Inadequate Supervision — Toddler Never Checked In, IAS_IX-995.
Inadequate Supervision — Two (2) Class I Violations In Two (2) Years — Revocation Imposed, IAS_IX-996.
Inadequate Supervision — Unscreened Person Supervising Alone, IAS_IX-997.
Inadequate Supervision — When Constituting a Class I Violation, IAS_IX-998.
Inadequate Supervision, IAS_IX-999.
Inappropriate Discipline — Withheld Food From a Child As a Form of Punishment, IAS_IX-1000.
Inappropriate Discipline — Withheld Food From a Child, IAS_IX-1001.
Large Family Day Care Licenses Constitute a Step Up & May Be Provisional, IAS_IX-1002.
Membership/Accreditation Organization — Application For DCF Acknowledgement of Denied For Failure to Prove Existence, IAS_IX-1003.
Physical Abuse, IAS_IX-1004.
Previous Violations, IAS_IX-1005.
Renewal — DCF Reinspection Is Requisite Prior to, IAS_IX-1006.
Renewal — Failure to Correct Deficiencies, IAS_IX-1007.
Renewal — Failure to Document Employee Educational Courses, IAS_IX-1008.
Renewal — Failure to Employ a Credentialed Director, IAS_IX-1009.
Renewal — Failure to Maintain Records of Immunizations, IAS_IX-1010.
Renewal — Failure to Maintain Staff Personnel Records, IAS_IX-1011.
Renewal — Failure to Post Menus, IAS_IX-1012.
Renewal — Failure to Provide Appropriate Nap Time, IAS_IX-1013.
Renewal — Failure to Screen Resident, IAS_IX-1014.
Renewal — Failure to Screen Staff, IAS_IX-1015.
Renewal — Filing a False Report, IAS_IX-1016.
Renewal — Fraudulent Information Filed Regarding Annual Physical Exams & Vehicle Inspections, IAS_IX-1017.
Renewal — History of Violations, IAS_IX-1018.
Renewal — Inadequate Facility, IAS_IX-1019.
Renewal — Inadequate Staffing Ratios, IAS_IX-1020.
Renewal — Inadequate Supervision — Left Children Unattended In Vehicle/Jumping Off Tables/Balloon In Mouth, IAS_IX-1021.
Renewal — Inadequate Supervision, IAS_IX-1022.
Renewal — Intent to Deny Is Inter-Related Yet Distinct From Concurrent Disciplinary Action, IAS_IX-1023.
Renewal — Physical Abuse, IAS_IX-1024.
Renewal — Transporting Children In an Unsafe Manner, IAS_IX-1025.
Renewal — Unsafe & Unsanitary Facility, IAS_IX-1026.
Renewal — Untimely Application For, IAS_IX-1027.
Renewal — Violation of Previous Order, IAS_IX-1028.
Repetitious Violations, IAS_IX-1029.
Revocation — Appeal From Circuit Court Nonfinal Order Denied, IAS_IX-1030.
Screening — Violations of Any Kind Are Serious, IAS_IX-1031.
Strict Liability For Accidental Injuries Is Not Imposed, IAS_IX-1032.
Strict Liability Is Not Imposed On Operator, IAS_IX-1033.
Threatened Harm, IAS_IX-1034.
Transporting Children In An Unsafe Manner, IAS_IX-1035.
Vicarious Liability of Operator For Actions of Staff, IAS_IX-1036.
Volunteer — Properly Supervised Volunteer Need Not Be Screened, IAS_IX-1037.
Domestic Abuse Shelter —
Emergency Suspension — Serious Management & Fiscal Problems, IAS_IX-1038.
Foster Parent —
Abuse Report — Child Burned With a Cigarette, IAS_IX-1039.
Abuse Report — DOAH Has Access to — Hearsay Which Alone Is Insufficient to Establish Underlying Allegations, IAS_IX-1040.
Abuse Report, IAS_IX-1041.
Actual Harm Is Not Required As a Prerequisite to a Revocation Proceeding, IAS_IX-1042.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1043.
Child Dies In the Home Under Unclear Circumstances, IAS_IX-1044.
Circuit Court Dependency Proceedings Are Not Cognizable Under 120.57 (See Also Child — Dependency — Circuit Court Jurisdiction Regarding), IAS_IX-1045.
Corporal Punishment — Religious Exemption From Dept. Prohibition On Rejected, IAS_IX-1046.
DCF Cannot Invalidate the Actions of a Dependency Court, IAS_IX-1047.
Dept. Decisions Must Not Be Arbitrary or Capricious, IAS_IX-1048.
Dept. Has Particularly Broad Discretion — Mitigating Circumstances Can Be Considered, IAS_IX-1049.
Dept. Has Particularly Broad Discretion — Not an Occupational License, IAS_IX-1050.
Dept. Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1051.
Dept. Issuance of a Privilege — Not a Right, IAS_IX-1052.
Different Rules Apply Than For Other Licenses, IAS_IX-1053.
Expired License Found Not to Be Subject to Discipline, IAS_IX-1054.
Failure to Demonstrate Home Safety & Stability, IAS_IX-1055.
Failure to Document Sufficient Income, IAS_IX-1056.
Failure to Notify Dept. or Lead Agency of Intent to Accept New Placement, IAS_IX-1057.
Failure to Provide Nutritional Needs, IAS_IX-1058.
Inadequate Supervision — Foster Infant Left Unattended In Car In Hot Weather, IAS_IX-1059.
Inadequate Supervision, IAS_IX-1060.
License Is a Public Trust & Not a Privilege, IAS_IX-1061.
Therapeutic Foster Parent Provides Mental Health Services to Address Emotional & Behavioral Disturbances, IAS_IX-1062.
Unsafe & Unsanitary Conditions, IAS_IX-1063.
Foster Parent — Renewal —
Applicant Has the Burden of Proof — By a Preponderance of the Evidence, IAS_IX-1064.
Dept. Has Particularly Broad Discretion — Not An Occupational License, IAS_IX-1065.
Dept. Has the Burden of Proof — By a Preponderance of the Evidence, IAS_IX-1066.
Failure to Correct Deficiencies, IAS_IX-1067.
Failure to Document Medical History, IAS_IX-1068.
Failure to Document Review of the Menus, IAS_IX-1069.
Failure to Document Sufficient Income, IAS_IX-1070.
Failure to Maintain Requisite Written Records, IAS_IX-1071.
Failure to Properly Train Volunteers, IAS_IX-1072.
Failure to Provide Requisite Counseling, IAS_IX-1073.
Financial Information Incomplete & Inaccurate, IAS_IX-1074.
Inadequate Supervision, IAS_IX-1075.
Inappropriate Behavior Management, IAS_IX-1076.
Involuntary Committment Under Baker Act — Mental Health Issues, IAS_IX-1077.
Provisional License — Requirements For, IAS_IX-1078.
Safety Plan Discussed, IAS_IX-1079.
Unsafe & Unsanitary Conditions, IAS_IX-1080.
Child Care Facility —
Abuse Registry Report, IAS_IX-1081.
Dept. Must Prove the Allegations Contained In the Abuse Report In Order to Rely On, IAS_IX-1082.
Inadequate Supervision, IAS_IX-1083.
Medical Neglect, IAS_IX-1084.
Multiple Previous Investigations — Failure to Appear at Hearing, IAS_IX-1085.
Provisional Licensure Granted Pending Further Review, IAS_IX-1086.
Standard of Review Is a Preponderance of the Evidence — Supreme Court Conflict Jurisdiction, IAS_IX-1087.
Foster Parent —
Abuse Report, IAS_IX-1088.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1089.
Dept. Has Broad Discretion, IAS_IX-1090.
Dept. Has the Burden of Proof Regarding Specific Acts Alleged As Misconduct, IAS_IX-1091.
Domestic Violence — Application For an Injunction Alone Is Not Probative, IAS_IX-1092.
Exemption From Disqualification Inconsistent With Preemptive Denial of an Application, IAS_IX-1093.
Foster Parent License Is a Public Trust Not a Professional License, IAS_IX-1094.
Good Moral Character — Absence of Must Be Based On Screening, IAS_IX-1095.
Homestudy Need Not Be Undertaken If Conducted Recently, IAS_IX-1096.
Lack of Fitness or Trustworthiness — Baker Act Commitment, IAS_IX-1097.
Medicaid Foster Parent — Requirement Governing Examined, IAS_IX-1098.
Must Comply With All Statutory Requirements For Licensure, IAS_IX-1099.
Previous Voluntary Relinquishment of License, IAS_IX-1100.
Rehabilitation — Connotes Eligibility Not Entitlement, IAS_IX-1101.
Medicaid (See MEDICAID)
Mental Health & Substance Abuse Services — Grant Awarded —
Request For Applications — Protest, IAS_IX-1102.
Petition For Hearing Dismissed As Untimely, IAS_IX-1103.
Petition to Initiate Rulemaking —
Amended Final Order: In Re Gary Perrot, IAS_IX-1104.
Designation of Name & Location of Facilities Used For Persons Committed Under the Ryce Act — Granted, IAS_IX-1105.
Involuntary Examination Under the Baker Act — Specific Criterion Governing — Petition Denied, IAS_IX-1106.
Statewide Auxillary Aids & Service Plan For Persons With Disabilities & Limited English Proficiency — Granted, IAS_IX-1107.
Relative Caregiver Benefits —
Circuit Court Order Invalidating DCF Rule Reversed, IAS_IX-1108.
Circuit Court Order to DCF to Make Payments Reversed, IAS_IX-1109.
DCF Eligibility Determinations Are Not Entitled to Absolute Deference By Circuit Courts, IAS_IX-1110.
DCF Termination of Due to Residency of Natural Mother In the Home Rejected — Stay & Reconsideration Denied, IAS_IX-1111.
Road to Independence (RTI) Stipend (See Rule Variance or Waiver) —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1112.
Applicant Has the Burden of Proof, IAS_IX-1113.
Failure to Satisfy Fla. Residency Requirement, IAS_IX-1114.
Florida Residency Found Lacking, IAS_IX-1115.
Burden of Proof —
Application — On Applicant By a Preponderance of the Evidence, IAS_IX-1116.
On Petitioner By a Preponderance of the Evidence, IAS_IX-1117.
Termination or Reduction of Benefits — On Dept. By a Preponderance of the Evidence, IAS_IX-1118.
College — Student Has the Responsibility of Providing an Individualized Cost of Attendance, IAS_IX-1119.
Cost of Attendance (COA) —
Applicant Has the Responsibility to Request That the School’s Financial Aid Office Make Appropriate Adjustments, IAS_IX-1120.
Computation Questioned, IAS_IX-1121.
Petitioner Should Be Given the Opportunity to Provide Updated Information, IAS_IX-1122.
Denial of Application For Affirmed, IAS_IX-1123.
Dept. Has the Burden of Proof When Terminating Benefits, IAS_IX-1124.
Disenrollment In School, IAS_IX-1125.
Dismissal From Vocational/Educational Program, IAS_IX-1126.
Educational Attendance Requirements Are Not a Permissible Basis For Terminating a Scholarship, IAS_IX-1127.
Eligibility — Disability — Can Excuse Failure to Maintain Full-Time Enrollment But Not Failure to Make Academic Progress, IAS_IX-1128.
Eligibility — Enrollment In Postsecondary Educational Institution — There Is No Good Cause Exception, IAS_IX-1129.
Eligibility — Failure to Be In Foster Care For Six (6) Months Prior to Adoption, IAS_IX-1130.
Enrollment In Vocational Program Despite Completion of Two (2) Such Programs, IAS_IX-1131.
Failure to Attend School Full Time or Make Appropriate Academic Progress, IAS_IX-1132.
Failure to Document Enrollment In an Eligible School, IAS_IX-1133.
Failure to Enroll In School —
Interim Termination Is Contemplated, IAS_IX-1134.
Program Cancellation — No Exception In This Circumstance, IAS_IX-1135.
Suspension For Poor Grades, IAS_IX-1136.
There Is No Exception to the Enrollment Requirement, IAS_IX-1137.
There Is No Good Cause Exception, IAS_IX-1138.
Failure to Enroll In School, IAS_IX-1139.
Failure to Maintain Enrollment —
Attendance Requirements Are the Domain of the Educational Institute, IAS_IX-1140.
Is Defined By the School Attended, IAS_IX-1141.
Passing Grade In Requisite Number of Classes Is Not Required, IAS_IX-1143.
Suspension For Poor Grades, IAS_IX-1144.
There Is No Good Cause Exception — Poor Grades — Father In Poor Health, IAS_IX-1145.
Failure to Maintain Full Time Enrollment —
Alleged Disability — Part-Time Status Must Be Determined By the Institution to Be an ADA Requirement, IAS_IX-1146.
Being One (1) Hour Short Due to Class Cancellation Excused, IAS_IX-1147.
Documented Disability Exception, IAS_IX-1148.
Excessive Absences — Withdrawal, IAS_IX-1149.
Good Cause Exception Found Lacking, IAS_IX-1150.
Part Time Enrollment Is Acceptable Under Certain Circumstances, IAS_IX-1152.
There Is No Good Cause Exception, IAS_IX-1153.
Failure to Maintain Full Time Enrollment, IAS_IX-1154.
Failure to Make Adequate Progress On the Transition Plan, IAS_IX-1155.
Failure to Make Appropriate Academic Progress, IAS_IX-1156.
Failure to Provide Proof of Current Enrollment In School or an Active Search For a Summer Job, IAS_IX-1157.
Hearing Is De Novo, IAS_IX-1158.
Ineligibility Due to Adoption Prior to 16th Birthday, IAS_IX-1159.
Ineligibility Due to Lack of Placement In Licensed Foster Care For At Least Six (6) Months & Current Florida Residency, IAS_IX-1160.
Notice of Termination or Nonrenewal — Requirements Examined, IAS_IX-1161.
Purpose of the Stipend Examined, IAS_IX-1162.
Reduction In Benefits —
Based On Current Needs Assessment, IAS_IX-1163.
Based On Living & Educational Needs, IAS_IX-1164.
Funding Cannot Exceed Cost of Attendance, IAS_IX-1165.
Notice Must Be Provided At Least (10) Days In Advance of Adverse Action, IAS_IX-1166.
Reduced Cost of Living Assessment, IAS_IX-1167.
Reduction In Living Expenses Treated As an Alternative Source of Funding, IAS_IX-1168.
Reinstatement Is No Longer Available As of 1/1/14, IAS_IX-1169.
Reinstatement Is Not Available After Second Termination, IAS_IX-1170.
Academic Progress Is Measured Over the Course of the Academic Year, IAS_IX-1171.
Academic Progress Requirement — Grade Improvement — Applicant Must Demonstrate, IAS_IX-1172.
Academic Progress Requirement — There Is No Good Cause Exception, IAS_IX-1173.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1174.
Award Does Not Have to Be Issued the Summer Month Following Notice of Noncompliance, IAS_IX-1175.
Dept. Has the Burden of Proof, IAS_IX-1176.
Eligibility Found Exhausted By Two (2) Vocational Certifications, IAS_IX-1177.
Failure to Demonstrate Appropriate Academic Progress — GED Program Is No Longer a Qualifying Educational Program As of 1/1/14, IAS_IX-1178.
Failure to Demonstrate Appropriate Academic Progress — Opportunity to Improve Within the Review Period, IAS_IX-1179.
Failure to Demonstrate Appropriate Academic Progress, IAS_IX-1180.
Failure to Document Full Time Enrollment — Student With Documented Disability Can Be Enrolled Part Time, IAS_IX-1181.
Failure to Maintain Full Time Enrollment —
There Is No Good Cause Exception, IAS_IX-1182.
Failure to Maintain Full Time Enrollment, IAS_IX-1183.
Failure to Make Appropriate Academic Progress, IAS_IX-1184.
Failure to Meet Eligibility Criteria, IAS_IX-1185.
Failure to Provide Documentation of Satisfactory Academic Progress, IAS_IX-1186.
Failure to Provide Documentation of School Enrollment, IAS_IX-1187.
Lack of Academic Progress, IAS_IX-1188.
Proceeding Is De Novo, IAS_IX-1189.
Reinstatement — Application For Is Allowed One (1) Time, IAS_IX-1190.
Time Limit Governing Examined, IAS_IX-1191.
Two (2) Provisions Must Be Met, IAS_IX-1192.
Requirement For Continuous Enrollment In an Educational Institution Is Not Subject to a Good Cause Exception, IAS_IX-1193.
Requisite Foster Placement Examined — Non-Relative Placements, IAS_IX-1194.
Residency — Determination of, IAS_IX-1195.
Termination of Benefits —
Dept. Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1196.
Eligibility Found Vitiated After Two (2) Vocational Certifications Were Obtained, IAS_IX-1197.
Two (2) Avenues — Interim Termination — Denial of Annual Renewal, IAS_IX-1198.
Termination of Transitional Funding Affirmed, IAS_IX-1199.
There Is No Exception to Statutory Eligibility Requirement, IAS_IX-1200.
There Is No Good Cause Exception For Program Requirements, IAS_IX-1201.
Third Party Intervention Without a Substantial Interest Is Contemplated, IAS_IX-1202.
University Found Not to Be an Eligible Postsecondary Institution, IAS_IX-1203.
Withdrew From School, IAS_IX-1204.
Rule Variance or Waiver —
Training Requirements — Denied, IAS_IX-1205.
Child Care Facility —
Bedroom Ceiling Height Minimum — Granted, IAS_IX-1206.
Bedroom Space Requirements, IAS_IX-1207.
Director — Educational & Work Experience Requirements — Granted, IAS_IX-1208.
Director — Educational & Work Experience Requirements, IAS_IX-1209.
Director — Educational Requirements — Limited Waiver Granted, IAS_IX-1210.
Requirement For At Least 50 Sq. Ft. of Floor Space Per Child In Bedrooms — Temporary Variance Granted, IAS_IX-1211.
Requirement For Fingerprinting & Screening of Adult Household Members, IAS_IX-1212.
Requirement That Drivers of Vehicles Used to Transport Children Have an Annual Physical Exam & Medical Approval to Drive — Granted, IAS_IX-1213.
Staff-to-Children Ratios — Denied, IAS_IX-1214.
Staff-to-Children Ratios — Sleeping Hours — Emergency — Denied, IAS_IX-1215.
Child Placing Agency — Licensure —
Director — Educational & Work Experience Requirements — Granted, IAS_IX-1216.
Director — Educational Requirements — Granted, IAS_IX-1217.
Director — Licensure Requirements — Granted, IAS_IX-1218.
Educational & Work Experience Requirements — Granted, IAS_IX-1219.
Educational & Work Experience Requirements — Limited Waiver Granted, IAS_IX-1220.
Educational & Work Experience Requirements — Petition Dismissed As Moot, IAS_IX-1221.
Educational Requirements — Granted, IAS_IX-1222.
Educational Requirements — Limited Waiver Granted, IAS_IX-1223.
Educational Requirements — Petition Dismissed As Moot, IAS_IX-1224.
Financial Audit Requirements — Denied, IAS_IX-1225.
Financial Audit Requirements — Granted With Conditions, IAS_IX-1226.
Financial Audit Requirements — Granted, IAS_IX-1227.
Financial Audit Requirements, IAS_IX-1228.
Licensure Requirements — Granted With Conditions, IAS_IX-1229.
Limited Waiver Granted, IAS_IX-1230.
Requirement to Maintain Records of Children Placed In Foster Homes — Granted, IAS_IX-1231.
Subcontractors — Prohibition On Use of to Perform Home Studies — Waiver Granted With Conditions, IAS_IX-1232.
Child Welfare Service Provider —
Director — Educational & Work Experience Requirements — Granted, IAS_IX-1233.
Educational & Work Experience Requirements — Denied, IAS_IX-1234.
Educational & Work Experience Requirements — Granted, IAS_IX-1235.
Educational & Work Experience Requirements — Limited Rule Waiver Granted, IAS_IX-1236.
Educational & Work Experience Requirements — Petition Dismissed As Moot, IAS_IX-1237.
Educational Requirements — Denied, IAS_IX-1238.
Educational Requirements — Granted, IAS_IX-1239.
DCF Employee —
Requirement For Proof of Selective Service System Registration — Denied, IAS_IX-1240.
Dually-Licensed Foster Care/Family Day Care Facility —
Limit On Hours of Operation From 6:00 a.m. to 7:00 p.m., IAS_IX-1241.
Emergency Shelters — Contracted —
Male and Female Clients Over 12 — Requirement For Both Male & Female Staffing At All Times — Granted, IAS_IX-1242.
Requirement For Both Male & Female Staff If There Are Clients Over 12 Yrs. of Age — Emergency Waiver Granted, IAS_IX-1243.
Federal Supplemental Nutrition Assistance Program —
Income Eligibility Requirements — Denied, IAS_IX-1244.
Foster Care Home Studies —
Requirement For Certification As a Child Protection Counselor — Temporary Variance Granted, IAS_IX-1245.
Foster Home — Family —
Five (5) Child Capacity Limit — Petition Dismissed On Basis of Specific Statutory Scheme For Variances, IAS_IX-1246.
Foster Parent —
Community-Based Care Agency — Lead Agency — Maintaining an Employee As a Foster Parent — Petition Dismissed As Moot, IAS_IX-1247.
Employee of Community Care Lead Agencies or Subcontractors — Requirement For Home Study From Outside the Service Area — Granted, IAS_IX-1248.
Licensure Requirements — Submittal of Copy of Marriage License — Granted, IAS_IX-1249.
Limit On Number of Children In Dually-Licensed Foster Care / Family Day Care Homes, IAS_IX-1250.
Maximum Number of Children For a Dually-Licensed Family Day Care — Denied, IAS_IX-1251.
Pre-Service Training — Requirement For Certification As Child Protection Professionals Through Florida’s Designated Program — Granted, IAS_IX-1252.
Prohibition On Child Older Than Twelve (12) Months From Sharing a Bedroom With an Adult — Granted With Conditions, IAS_IX-1253.
Prohibition On Child Older Than Twelve (12) Months From Sharing a Bedroom With an Adult — Granted, IAS_IX-1254.
Prohibition On Child Older Than Twelve (12) Years From Sharing a Bedroom With an Adult, IAS_IX-1255.
Prohibition On Children Older Than Three (3) Years From Sharing a Bedroom With a Child of the Opposite Sex — Granted Temporarily, IAS_IX-1256.
Prohibition On Children Older Than Three (3) Years From Sharing a Bedroom With a Child of the Opposite Sex — Granted, IAS_IX-1257.
Prohibition On More Than Five (5) Children In the Same Home, IAS_IX-1258.
Prohibition On More Than Two (2) Children Under Twenty Four (24) Months In the Same Home — Petition Dismissed As Moot, IAS_IX-1259.
Requirement For Demonstration of a Source of Income Other Than Child Support or Alimony — Granted, IAS_IX-1260.
Requirement That At Least One Caregiver In the Home Be Fluent In English, IAS_IX-1261.
Requirement That Both Married People Residing Together Sign the Application, IAS_IX-1262.
Requirement That Child Care Be Received In a Licensed Facility — Petition Dismissed As Moot, IAS_IX-1263.
Requirement That Foster Children Attend Only Licensed or Registered Facility — Church-Affiliated Exempt Facility — Granted, IAS_IX-1264.
Requirement That Swimming Pools Have a Barrier At Least Four (4) Feet High On All Sides — Conditional Variance Granted, IAS_IX-1265.
Therapeutic — Limitation to Two (2) Children — Granted, IAS_IX-1266.
Licensed Residential Treatment Centers For Children —
Requirement For One (1) Nurse On Duty During Working Hours For Every Thirty (30) Children, IAS_IX-1267.
Mental Health Residential Facilities —
Eating Disorder Clinic — Licensure Requirements — Granted, IAS_IX-1268.
Out-of-Home Caregiver —
Exemption From Pre-Service Training — Granted, IAS_IX-1269.
Limit Of Five (5) Children Total — Granted, IAS_IX-1270.
Requirement For Current Vaccination of Animals — Denied, IAS_IX-1271.
Residential Treatment Facility —
Group Facility — Minimum Basement Heights — Granted, IAS_IX-1272.
Numerous Provisions — Petition Dismissed As Moot, IAS_IX-1273.
Numerous Provisions — Petition Dismissed As Unnecessary, IAS_IX-1274.
Road-to-Independence Stipend (See Also Road-to-Independence Stipend) —
Requirement That a Child Be In Foster Care For At Least Six (6) Months Prior to Reaching Age 18 In Order to Be Eligible — Denied, IAS_IX-1275.
Student Loan Forgiveness Program — Child Welfare Service Provider —
Denial of Application Upheld, IAS_IX-1276.
Transitional Services Funds —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1277.
Applicant Has the Burden of Proof, IAS_IX-1278.
Applicant Must Demonstrate That the Assistance Is Critical to An Individualized Effort Toward Self-Sufficiency & a Personal Support System, IAS_IX-1279.
Applicant Must Provide a Detailed Transition Plan, IAS_IX-1280.
Case Management Agency Must Develop a Transitional Support Plan, IAS_IX-1281.
Failure to Attend School Full Time or Make Appropriate Academic Progress, IAS_IX-1282.
Failure to Attend School, IAS_IX-1283.
Failure to Demonstrate That Requested Funds Were Critical to Progress Toward Self-Sufficiency, IAS_IX-1284.
Replacement of Furniture Allegedly Damaged By Roaches, IAS_IX-1285.
Declaratory Statement (See DECLARATORY STATEMENTS)
Has Not Been Defined By the Board Through Rulemaking, IAS_IX-1286.
Groupon Coupon Is Not a “Kickback”, IAS_IX-1287.
Disciplinary Action Affirmed — Fine Reduced As In Excess of Statutory Maximum As Charged, IAS_IX-1288.
Failure to Keep & Provide Upon Request Requisite Written Records —
Penalty Reversed Due to Consideration of Matters Not Charged In the Administrative Complaint, IAS_IX-1289.
Failure to Keep Requisite Written Records —
Finding of a Violation Reversed Due to Insufficient Evidence, IAS_IX-1290.
The Course of Treatment Need Not Be Justified On Every Single Visit That Is Part of an Ongoing Treatment Plan, IAS_IX-1291.
Falsification of Medical Records, IAS_IX-1292.
Fraudulent Conduct, IAS_IX-1293.
Submitted Claims For Medical Services Never Provided, IAS_IX-1294.
Presumption of — Constitutionality, IAS_IX-1295.
Surcharge On Emergency Medical Transportation Services For Nonresidents —
Circuit Court Ruling That the Surcharge Was an Unauthorized Tax Reversed, IAS_IX-1296.
Declaratory Statements (See DECLARATORY STATEMENTS)
Access to Courts —
No Fault System For Compensation —
Two (2) Part Test For Validity, IAS_IX-1297.
Amendment By Voter Initiative —
Appellate Review — Supreme Court —
Citizens Have a Right to Formulate Their Own Organic Law, IAS_IX-1298.
Clearly & Conclusively Defective Standard of Review Applies, IAS_IX-1299.
Deferential Standard of Review, IAS_IX-1300.
Limited Scope of Review, IAS_IX-1301.
Multiple Functions of Government — Effect On, IAS_IX-1302.
Three (3) Part Test, IAS_IX-1303.
Without Authority to Rule On the Merits of the Proposal, IAS_IX-1304.
Ballot Title & Summary —
Found Adequate, IAS_IX-1305.
Found Not Misleading, IAS_IX-1306.
Must Be Clear & Unambiguous, IAS_IX-1307.
Must Not Exceed a Certain Number of Words, IAS_IX-1308.
Need Not Explain Every Detail, IAS_IX-1309.
Political or Emotional Rhetoric Is Improper, IAS_IX-1310.
Purpose of Examined, IAS_IX-1311.
Two (2) Part Test For Adequacy, IAS_IX-1312.
Fair District Amendment —
Circuit Court Adoption of a Remedial Map Fully Approved, IAS_IX-1313.
Compactness Cannot Be Trumped By Creation of Communities of Interest, IAS_IX-1314.
Compactness Defined & Discussed, IAS_IX-1315.
Compactness Does Not Require the Highest Possible Mathematical Score, IAS_IX-1316.
Details Regarding the Improper Partisan Nature of the Process Behind the Legislature’s Original Map Examined, IAS_IX-1317.
Found to Require a Neutral Map With No Improper Intent Not a Fair Map, IAS_IX-1318.
Improper Legislative Intent Is Inferred From a Disregard of Tier Two (2) Constitutional Requirements Which Are Absolute, IAS_IX-1319.
Lack of Judicial Precedent Noted, IAS_IX-1320.
Legislature Found to Have the Burden of Proof After Its Map Was Drawn With Improper Intent, IAS_IX-1321.
Obligation of the Supreme Court to Provide Certainty, An End Point & to Effectuate the Will of the Voters, IAS_IX-1322.
Previous Ruling Did Not Require the Legislature to Redraw the Entire Map, IAS_IX-1323.
Purpose Behind This Amendment Examined, IAS_IX-1324.
Retrogression Analysis Was Less Intensive In Drawing the Original Map Than When Attacking Alternatives, IAS_IX-1325.
Supreme Court Never Anticipated That the Legislature Would Be Unable to Agree On a Final Remedial Redistricting Plan, IAS_IX-1326.
Tier-One Standards — Three (3) Requirements Examined, IAS_IX-1327.
Tier-Two Standards — Three (3) Requirements Examined, IAS_IX-1328.
Fiscal Impact Statement —
Appellate Review Is Narrow, IAS_IX-1329.
For All Initiatives, IAS_IX-1330.
Found Adequate, IAS_IX-1331.
Standard Governing Appellate Review of, IAS_IX-1332.
Medical Marijuana, IAS_IX-1333.
Single-Subject Test —
Discussed & Found Satisfied, IAS_IX-1334.
Logical & Natural Oneness of Purpose Is Required, IAS_IX-1335.
Logrolling — Prohibition On — Examined, IAS_IX-1336.
Multiple Branches of Government — Substantial Altering or Performing the Functions of — Test For, IAS_IX-1337.
Purpose of — Discussed, IAS_IX-1338.
Requirement Is Necessary Because the Opportunity For Public Hearing & Debate On a Proposal Available For Other Processes Is Lacking, IAS_IX-1339.
Resigned to Prevent Logrolling Which Is Discussed, IAS_IX-1340.
Solar Energy Choice & Rights of Electricity Consumers, IAS_IX-1341.
Water & Land Conservation — Dedication of Funds to Acquire & Restore, IAS_IX-1342.
Due Process (See Also CONSTITUTION (U.S.); PRACTICE & PROCEDURE) —
Administrative Proceedings Are Governed By 120 — Requirements Are Not As Stringent As For Judicial Proceedings, IAS_IX-1343.
Emergency Suspension of License — Defective Complaint, IAS_IX-1344.
Essential Fairness Doctrine, IAS_IX-1345.
Notice Must Adequately Identify the Matter to Be Considered, IAS_IX-1346.
Procedural — Examined, IAS_IX-1347.
Procedural — Flexible Depending On What the Particular Situation Demands, IAS_IX-1348.
Procedural — Found Violated By Holding Record Open For Submission of Additional Evidence, IAS_IX-1349.
Procedural — Notice & an Opportunity to Be Heard Are Essential Elements, IAS_IX-1350.
Procedural — Rule Violations — Test For Material Error or Impairment of the Fairness of a Proceeding, IAS_IX-1351.
Procedural — Time Limit On Hearing Precludes Consideration of Relevant Evidence, IAS_IX-1352.
Prosecuting Attorney Cannot Serve In Dual Role As Legal Advisor Also, IAS_IX-1353.
Quasi-Judicial Proceeding —
Strict Rules of Evidence & Civil Procedure Are Inapplicable, IAS_IX-1354.
Three (3) Elements For Such Claims Examined, IAS_IX-1355.
Equal Protection Clause (See Also CONSTITUTION (U.S.)) —
Examined & Found Not to Have Been Violated, IAS_IX-1356.
Executive Branch —
Pardon or Restoration of Rights Under Clemency —
Cannot Be Nullified By Automatic Statutory Bar Against Licensure, IAS_IX-1357.
Full & Public Financial Disclosure Requirement For Public Officials —
Genesis of This Provision Examined, IAS_IX-1358.
Purpose of This Provision Examined, IAS_IX-1359.
Statutory Authorization For Utilization of Qualified Blind Trust —
Circuit Court Declaratory Judgment Regarding Reversed Due to Absence of a Justiciable Controversy, IAS_IX-1360.
Defined & Discussed, IAS_IX-1361.
Claims Bill —
Defined & Discussed, IAS_IX-1362.
Distinguished From Seeking An Appropriation Pursuant to 11.066(3), IAS_IX-1363.
Procedure Governing Examined, IAS_IX-1364.
Criminal Liability —
Exclusive Domain of the Legislative Branch, IAS_IX-1365.
Power to Grant Franchises Is Reserved to, IAS_IX-1366.
Taxing Enactment (See TAXATION)
Nondelegation of Legislative Powers (See Separation of Powers)
Operates As a Limitation On State Power, IAS_IX-1367.
Police Power —
Inherent Though Frequently Is Limited By the Constitution, IAS_IX-1368.
Presumptions (See Also PRACTICE & PROCEDURE, Evidence) —
Irrebuttable Presumption Found Invalid, IAS_IX-1369.
Religious Freedom —
No Aid Privision —
Distinction Between Tax Credit & State Revenues Examined, IAS_IX-1370.
Does Not Limit Legislature’s Taxing Authority or Power to Create Tax Exemptions or Credits, IAS_IX-1371.
Right to an Attorney —
Administrative Proceeding — None, IAS_IX-1372.
Rulemaking Is Exclusively a Legislative Power That Cannot Be Usurped By the Executive Branch, IAS_IX-1373.
Rules (See APPELLATE REVIEW; RULES & RULEMAKING, Constitutional Challenge)
Separation of Powers —
A Branch of Government Cannot Encroach Upon a Power That the Other Branch Does Not Have, IAS_IX-1374.
Agency Cannot Redefine Statutory Terms, IAS_IX-1375.
Blanket Criminal Penalties For Any Violation of Fish & Wildlife Conservation Rules Found Not to Offend, IAS_IX-1376.
Circuit Court Order For DCF to Pay Travel Costs of Pro Bono Attorney Ad Litem Quashed, IAS_IX-1377.
Circuit Court Rejection of DCF Caregiver Funds Determination Does Not Constitute, IAS_IX-1378.
Counts Cannot Construe An Ambiguous Statute In a Way Which Would Extend, Limit, or Modify Express Terms or Necessary Implications, IAS_IX-1379.
Expenditure of Appropriated Funds —
Judicial Branch Must Not Interfere With the Discretionary Functions of the Legislative or Executive Branches Absent Statutory or Constitutional Violations, IAS_IX-1381.
Judicial Directive That an Agency Expend Funds Is Not a Per Se Violation, IAS_IX-1382.
Judicial Inability to Appropriate Funds Does Not Preclude Decisions Requiring Expenditure of Already Appropriated Funds, IAS_IX-1383.
Judiciary Cannot Direct an Agency to Expend Finite Funds In a Particular Manner, IAS_IX-1384.
There Is No Doctrine of Inherent Judicial Power With Respect to, IAS_IX-1385.
There Must Be Constitutional or Statutory Authorization For Judicial Intrusions, IAS_IX-1386.
Founded On Mutual Respect of the Three (3) Branches of Government, IAS_IX-1387.
Nondelegation of Legislative Powers Doctrine (See Also STATUTES) —
An Agency Cannot Redefine Statutory Terms So As to Change the Meaning of a Statute, IAS_IX-1388.
Blanket Criminal Penalties For Any Violation of Fish & Wildlife Conservation Rules Found Not to Offend, IAS_IX-1389.
Courts Cannot Construe An Ambiguous Statute In a Way Which Would Extend, Limit, or Modify Express Terms or Necessary Implications, IAS_IX-1390.
DOE Teacher Evaluation Process Found Not to Violate, IAS_IX-1392.
Is a Corollary of Separation of Powers (See Also Statutes), IAS_IX-1393.
Particular Level of Detail Required Varies With the Circumstance, IAS_IX-1394.
Sufficiency of the Standards Depends On the Complexity of the Subject Matter & Degree of Difficulty In Articulating Standards, IAS_IX-1395.
Sufficiency of the Standards Discussed, IAS_IX-1396.
Redistricting — Supreme Court Affirmance of Circuit Court Order Adopting a Remedial Map Found Not to Offend, IAS_IX-1397.
Taxpayer Suits (See APPELLATE REVIEW, Standing) — Special Injury Rule For Standing Is Grounded In, IAS_IX-1398.
Sovereign Immunity —
Absolute Absent a Clear, Specific & Unequivocal Waiver By Legislative Enactment, IAS_IX-1399.
Issue Regarding Waiver Is a Conclusion of Law, IAS_IX-1400.
Waiver Cannot Be Found By Inference or Implication —
Statutory Waiver Provisions Are Strictly Construed, IAS_IX-1401.
Statutes (See Also APPELLATE REVIEW; PRACTICE & PROCEDURE, DOAH, Jurisdiction; STATUTES, Constitutionality, Presumption of Constitutionality) —
As-Applied Challenge —
Issue Found Not to Be Ripe, IAS_IX-1402.
Mixed Question of Fact & Law —
Two (2) Part Test For Validity, IAS_IX-1403.
Vis. Facial Validity, IAS_IX-1404.
Available Constitutional Construction Is Obligatory, IAS_IX-1405.
Challenger Has a Heavy Burden of Persuasion, IAS_IX-1406.
Constitutional Issue Not Reached If Case Can Be Decided On Other Grounds, IAS_IX-1407.
Constitutionality of a Statute Is a Conclusion of Law Subject to De Novo Review, IAS_IX-1408.
Entire Taxing Scheme Should Be Considered When Analyzing a Challenge to a Particular Section, IAS_IX-1409.
Facial Validity —
Analysis Is Limited to the Text of the Enactment, IAS_IX-1410.
Challenger Has a Heavy Burden of Proof, IAS_IX-1411.
Exhaustion of Administrative Remedies Is Not Required, IAS_IX-1412.
Fla. Communications Services Tax Upheld In Challenge By Satellite Television Providers, IAS_IX-1413.
Presumption Regarding — Invalidity Must Be Established Beyond a Reasonable Doubt, IAS_IX-1414.
Vis As Applied Challenge, IAS_IX-1415.
Non-Delegation of Legislative Powers (See Separation of Powers)
Presumed to Be Constitutional, IAS_IX-1416.
Severance of An Unconstitutional Provision Found Appropriate, IAS_IX-1417.
Special Law Cannot Grant a Private Corporation a Special Priviledge, IAS_IX-1418.
Special Law (See Also STATUTES, Constitutionality), IAS_IX-1419.
Vagueness (See Also RULES & RULEMAKING) —
Incorporation of a Federal Rule By Reference Does Not Offend Prohibition On, IAS_IX-1420.
Statute — Found Not to Violate Prohibition On, IAS_IX-1421.
Test For — Examined, IAS_IX-1422.
Commerce Clause —
Commerce Clause & Due Process Clauses Impose Distinct But Parallel Limitations On a State’s Taxing Power —
Distinct From But Parallel to Due Process Clause, IAS_IX-1423.
Minimum Contacts Distinguished From Substantial Nexus, IAS_IX-1424.
Communications Services Tax Rate Differental Between Cable & Satellite Television Providers Struck Down, IAS_IX-1425.
Communications Services Tax Rate Differential Between Cable & Satellite Television Providers Upheld Against Facial Challenge, IAS_IX-1426.
Discriminatory Purpose —
Domiciles of the Competitors Is Not Dispositive, IAS_IX-1428.
Mere Differences In How a Similar Service Is Provided Are Not Dispositive, IAS_IX-1429.
Requires Substantially Similar Entities, IAS_IX-1430.
Three (3) Modes Examined, IAS_IX-1431.
Fair But Not Necessarily Quantified Relation Between Tax Paid & Benefits Received Is Required, IAS_IX-1432.
Formal Language of Enactment & Actual Impact Are Both Considered, IAS_IX-1433.
Four (4) Part Test For — All Four (4) Parts Must Be Met, IAS_IX-1434.
Four (4) Part Test For — As Applied Challenges, IAS_IX-1435.
Local Taxation of One Competing Service But Not Another Cannot Cure a Discriminatory State Tax Scheme, IAS_IX-1436.
Mail Order Sales of Flowers & Gifts From Fla. —
Supreme Ct. Reverses 4th D.C.A. & Upholds Tax, IAS_IX-1437.
Protection of National Economy Is the Purpose — Not Individual Fairness, IAS_IX-1438.
Substantial Nexus Test —
Double Taxation Is Not a Violation Per Se, IAS_IX-1439.
Found Not Satisfied, IAS_IX-1440.
Found Satisfied, IAS_IX-1441.
Mail Order Businesses Examined, IAS_IX-1442.
Merely Registering In Fla. Alone Is Insufficient, IAS_IX-1443.
Minimum Contacts Distinguished From, IAS_IX-1444.
Sales Tax — Examined & Found Not Satisfied, IAS_IX-1445.
Due Process (See Also CONSTITUTION (Fla.)) —
Centrally Concerned With Fundamental Fairness, IAS_IX-1446.
Distinct From But Parallel to Commerce Clause, IAS_IX-1447.
Sales Tax On Prepaid Calling Cards, IAS_IX-1448.
Equal Protection Clause (See Also CONSTITUTION (Fla.)) —
Communications Services Tax On Satellite Television Providers Upheld, IAS_IX-1449.
Merely Different Treatment Alone Is Not Enough, IAS_IX-1450.
Motor Fuel Tax Found Not to Offend, IAS_IX-1451.
No Fault System For Compensation Distinguished From Fault-Based System, IAS_IX-1452.
Rational Basis Test —
Discussed & Applied, IAS_IX-1453.
Two (2) Part Test, IAS_IX-1454.
Suspect Class — Residency (or Nonresidency) Does Not Constitute, IAS_IX-1455.
Privilege Against Self-Incrimination —
Applicable to Administrative Proceeding, IAS_IX-1456.
Subpoena For Medical Records, IAS_IX-1457.
Right to Travel —
Surcharge On Emergency Medical Transportation Services For Nonresidents, IAS_IX-1458.
Construction Recovery Fund —
Bankruptcy Action —
Claim Filed Against the Fund Within One (1) Year of Discharge of the Bankruptcy Action Found to Be Timely, IAS_IX-1459.
Constitutes the Filing of a “Civil Action”, IAS_IX-1460.
Bd. Award of $50,000 For Abandonment of a Residential Construction Contract Affirmed, IAS_IX-1461.
Challenge to Amount of Recovery Approved Granted In Part, IAS_IX-1462.
Purpose of the Fund Examined, IAS_IX-1463.
Architectural Services Within Context of a Design-Build Project —
Contractor Is Not Required to Identify a Named Architect Actually Utilized, IAS_IX-1464.
Exemption Available to Contractors Examined, IAS_IX-1465.
Found Ubiquitous In Fla. — Mandatory Disclosure Requirements Deserve Rulemaking or Legislative Initiatives, IAS_IX-1466.
Bd. Finding of a Violation For Offering Non-Exempt Architectural Services In the Context of a Design-Build Project Reversed, IAS_IX-1467.
Marine Specialty Contractor —
Denial of Licensure Due to Lack of Requisite Work Experience Affirmed, IAS_IX-1468.
Agency Need Not Correspond With Person Regarding a Request, IAS_IX-1469.
Agency Has Wide Discretion In Soliciting & Accepting Competitive Proposals, IAS_IX-1470.
Arbitrary or Capricous Agency Action —
Three (3) Part Test For, IAS_IX-1472.
Bid Specifications —
Failure to Timely Challenge Waives Objection to, IAS_IX-1473.
Rejection of All Bids — If Process Is Confusing Or Ambiguous, IAS_IX-1474.
Rejection of All Bids — Scope of DOAH Review, IAS_IX-1475.
Responsive Bid Defined — Does Not Matter What Procurement Method Is Utilized, IAS_IX-1476.
Facsimile Copy of In Lieu of Timely Posting, IAS_IX-1477.
Posting of One (1) Day Late, IAS_IX-1478.
Economic Opportunity —
Invitation to Negotiate —
Workplace Solutions — Protest Dismissed For Failure to Bid, IAS_IX-1479.
Fla. Housing Finance Corp —
Application Affirmed As Incomplete — Failure to Establish Site Control, IAS_IX-1480.
Grant Award —
Distinguished From Procurement of Commodities or Contractual Services, IAS_IX-1481.
Involves No More Than a Unilateral Expectation of a Benefit — Distinguished From an Exempt Procurement, IAS_IX-1482.
Clinical Laboratory Services to the Dept. & County Health Departments, IAS_IX-1483.
Clinical Laboratory Services For All County Health Departments, IAS_IX-1484.
Health Care Administration, Agency For (AHCA) —
Managed Care Services — Long Term — Little Havana Activities & Nutrition Centers of Dade County, IAS_IX-1485.
Managed Medical Assistance Services As a Provider Service Network, IAS_IX-1486.
Invitation to Negotiate —
Award Can Be Posted Before a Contract Is Finalized, IAS_IX-1487.
Requires Same Approach As Invitation to Bid or Request For Proposals, IAS_IX-1488.
Management Services —
Telecommunication Infrastructure Data Network — Invitation For Bid —
Award of Contract Over Protest Affirmed, IAS_IX-1489.
Material Irregularities (See Also Minor Irregularities) —
Defined & Discussed, IAS_IX-1490.
Failure to Use the Required Forms, IAS_IX-1491.
False Certification, IAS_IX-1492.
Minor Irregularities (See Also Material Irregularities) —
Bond Posted One (1) Day Late, IAS_IX-1493.
Defined & Discussed, IAS_IX-1494.
Found Not Proven, IAS_IX-1495.
Incomplete Application Found Not to Constitute, IAS_IX-1496.
Minor Irregularities, IAS_IX-1497.
Protest (See Also PRACTICE & PROCEDURE, Intervenors) —
Burden of Proof —
Clearly Erroneous, IAS_IX-1498.
Burden of Proof, IAS_IX-1499.
Standard of DOAH Review —
Abuse of Discretion (See Also CHILDREN & FAMILIES, Dept. of (DCF), Central Abuse Registry, Exemption From Disqualification)
Abuse of Discretion Defined & Discussed, IAS_IX-1500.
Clearly Erroneous Defined & Discussed, IAS_IX-1501.
Contrary to Competition —
Defined & Discussed, IAS_IX-1502.
Four (4) Part Test For, IAS_IX-1503.
DOAH Deference to Preliminary Agency Action — Discussed, IAS_IX-1504.
DOAH Must Conduct a De Novo Hearing On a Protest, IAS_IX-1505.
De Novo Hearing Is Not Necessarily As Comprehensive As Other 120.57(1) Proceedings, IAS_IX-1506.
Intra-Agency Hybrid of Appellate Review, IAS_IX-1507.
Protestant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-1508.
Solely to Ascertain Fraudulent, Arbitrary, Illegal or Dishonest Agency Action, IAS_IX-1509.
Statutory Term Standard of Review Is Analogous to, IAS_IX-1510.
Three (3) Different Standards of Review Examined: Abuse of Discretion, Clearly Erroneous & Arbitrary/Capricious, IAS_IX-1511.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Distinguished From Being Simply Aggrieved, IAS_IX-1512.
Failure to Bid Generally Vitiates, IAS_IX-1513.
Injury Alone Is Insufficient
Nonresponsive Bidder Does Not Have, IAS_IX-1514.
Petitioner Has the Burden to Allege & Prove, IAS_IX-1515.
Substantial Interest Defined, IAS_IX-1516.
Two (2) Prong Test, IAS_IX-1517.
Time Limits —
72 Hours After Post of Notice of Decision, IAS_IX-1518.
Purpose Behind Competitive Private Bids — Discussed, IAS_IX-1519.
Request For Proposals (RFP) —
Cannot Be Used As an Initial Ranking Tool to Determine a Preferred Provider Without Regard For the Original Proposal, IAS_IX-1520.
Collecting, Processing, and Disbursement of Child Support Payments, IAS_IX-1522.
Health Care For Indigents —
Counties Are Not Required to Provide Under General Law, IAS_IX-1523.
Hospitals Are Required to Provide Emergency Room Services As a Condition For Receiving Federal Medicare & Medicaid Funds, IAS_IX-1524.
Special Law Requiring Reimbursement of Private Hospitals Found Unconstitutional As a Grant of a Special Privilege to a Private Corporation, IAS_IX-1525.
Constitution Expressly Provides That Only the Legislature Can Authorize, IAS_IX-1526.
Defined & Discussed, IAS_IX-1527.
Normally Does Not Include Nonbinding Public Questions, IAS_IX-1528.
Straw or Voter Sentiment Vote Distinguished From, IAS_IX-1529.
Tourist Development Tax (See TAXATION)