Biscayne Aquifer —
Hypersaline Intrusions From Turkey Point Nuclear Power Plant Cooling Canals, IAS_IX-1530.
Importance of This Resource Examined, IAS_IX-1531.
Petition Denied As Deficient, IAS_IX-1532.
Question As to Whether Evaluations to Determine If a Driver Is Physically Qualified to Drive a Commercial Vehicle In Interstate Commerce Are Within the Scope of Practice, IAS_IX-1533.
Question As to Whether the Responsibilities of a Certified Medical Examiner Are Within the Scope of Practice, IAS_IX-1534.
Agriculture & Consumer Services —
Div. of Licensing —
Question As to Propriety of Contractual Agreements For Recovery Services With Third Party Repossession Management Firms Referred to As Forwarding Companies — Denied, IAS_IX-1535.
Question As to Whether There Was Sufficient Probable Cause to Press a Criminal Charge For Issuing Fraudulent Certificates — Denied, IAS_IX-1536.
Question As to the Definition of the Statutory Terms “Recovery Agency” & “Recovery Agent” — Denied, IAS_IX-1537.
Appellate Review (See Also APPELLATE REVIEW) —
Is De Novo, IAS_IX-1538.
Is Deferential, IAS_IX-1539.
Applicable As of the Date of Issuance, IAS_IX-1540.
Children & Families (DCF) —
Girl Scout Councils — Question As to Whether Volunteers Must Be Screened —
Less Than Ten (10) Hours Monthly Volunteer Exempt If Subject to Direct Line-Of-Sight Oversight By Properly Screened Person At All Times, IAS_IX-1541.
Question As to Whether Eating Disorder With Children & Adolescents May Be Treated In a Resident Treatment Setting, IAS_IX-1542.
Petition Requesting Clarification On the Scope of Message Therapy — Denied, IAS_IX-1543.
Question As to Authority to Perform & Interpret Diagnostic Ultrasound For the Purpose of Diagnosing Neurological, Muscular, Skeletal or Vasculor Pathology, IAS_IX-1544.
Question As to Whether Additional Training & Certification In Acupuncture Is Required to Perform Dry Needling, IAS_IX-1545.
Question Regarding Advertising Model to Be Used Through Groupon, IAS_IX-1546.
Question Regarding Massage Therapy Practice Act — Petition Denied, IAS_IX-1547.
Question Regarding Propriety of Granting Franchise Rights to Use “System” & Trade Name “Joint Chiropractic Clinic”, IAS_IX-1548.
Question Regarding Wording & Information Allowable In Advertising — Petition Denied, IAS_IX-1549.
Clinical Laboratory Personnel —
Protocol Activities For Clinical Trials For Pharmaceutical Companies — Denied, IAS_IX-1550.
Question As to Licensure Requirements For Employees Titled As “Research Coordinators” 2496-2496.
Question As to Whether the Biennial Review By the Medical Director Be Delegated, IAS_IX-1551.
Question As to Authority to Dispense Hydrocodone In Light of 2011 Statutory Amendment, IAS_IX-1552.
Question As to Propriety of Establishing a Subsidiary LLC to Contract With Third Party Payors For Dental Specialty Services For Patients of the Referring Dentist Only, IAS_IX-1553.
Economic Opportunity —
Petition Denied As Inappropriate, IAS_IX-1554.
Health (See Also MEDICAL QUALITY ASSURANCE (MQA) Boards: By Board Name) —
Ambulance Service —
Paramedics & EMTs — Propriety of Chronic Disease Assessment & Care, IAS_IX-1555.
Health Care Administration (AHCA) —
Clinical Lab Technician — Authority of Anesthesiologist Assistant to Perform Clinical Lab Testing of Moderate Complexity Found Lacking, IAS_IX-1556.
Clinical Lab — Authority of to Perform Services For a Foreign Visitor Pursuant to an Order From a Foreign Practitioner Who Is Not Licensed In Fla., IAS_IX-1557.
Clinical Lab — Mycobacteriology Testing — Forwarding to Another Lab — Applicability of 24 Hour Deadline For Testing, IAS_IX-1558.
Medicaid (See Also MEDICAID)
Medicaid — Developmental Disabilities Waiver —
Autism — Various Questions — Denied, IAS_IX-1559.
Question As to Whether a Provider Can Serve Children Under 21 With Autism In a Leased Office Space In the Same Building At the Same Address As a School & Outpatient Therapy Clinic, IAS_IX-1560.
Medicaid — Provider — Home Health Services — Question As to Whether Conditions of Participation Have Been Met, IAS_IX-1561.
Medicaid — Provider — Question As to Whether Allergen Immunotherapy Preparation Services Are to Be Reimbursed, IAS_IX-1562.
Massage Therapy —
Propriety of Mobile Massage Unit — Granted, IAS_IX-1563.
Question As to Authority of Dually Certified Lymphedema Therapist Trained In Decongestive Therapy to Perform Bandaging On Patients, IAS_IX-1564.
Question As to Authority to Perform a Facial — Petition Denied, IAS_IX-1565.
Question As to Propriety of Utilizing Cold Low Level Laser Therapy (LLLT) to Accelerate Healing — Petition Denied, IAS_IX-1566.
Question As to Propriety of Working As an Independent Contractor With Mobile Massage Companies — Petition Denied, IAS_IX-1567.
Question As to Whether Administration of Steroid & Legend Drug Is Within the Scope of Practice, IAS_IX-1568.
Question As to Whether Myofascial Release On the Muscles of the Pelvic Floor Is Within the Scope of Massage Practice, IAS_IX-1569.
Question As to Whether Skin Beautification & Facials Are Within the Scope of Practice, IAS_IX-1570.
Question As to Whether a Licensee Can Work For Different Companies As An Independent Contractor For 70% of Fees Received, IAS_IX-1571.
Unlicensed Petitioner/Nail Technician Asks About Foot Relaxation — Denied, IAS_IX-1572.
Authority of Physician Providing Outpatient Opiate Addiction Treatment to Dispense Buprenorphine, IAS_IX-1573.
Authority of a Physician to Allow a Physician Assistant Under Indirect Supervision to Perform Lapband Adjustments In an Outpatient Clinical Setting, IAS_IX-1574.
Electrolisis Council —
Finding That Only One-Time Certification Is Required For Utilization of Lasers & Light Based Devices Affirmed, IAS_IX-1575.
Question As to Whether “Current Certification” Is Required If Laser Equipment Is Used, IAS_IX-1576.
Physician Recommendation & Sale of Focus Vitamins & Supplements From the Medical Office Found Not to Constitute “Health Care Items” or Violate That Prohibition On Self-Referral, IAS_IX-1577.
Propriety of Ophthalmologist Licensed In Florida Utilizing “Technology” to Conduct Remote Eye Exams, IAS_IX-1578.
Propriety of Telemedicine Practice For After Hour Care & Patients In Rural Areas, IAS_IX-1579.
Question As to Applicability of 456.44(2) & (3) to Physicians Providing Palliative Care to Hospice Clients By Prescribing Controlled Substances — Chronic Nonmalignant Pain, IAS_IX-1580.
Question As to Authority to Delegate to Unlicensed But Supervised Personnel, IAS_IX-1581.
Question As to What Extent a Licensed Massage Therapist Operating Without Direct Supervision Can Provide Physical Therapy Services, IAS_IX-1582.
Question As to Whether Observership Training Would Qualify For Licensure Renewal, IAS_IX-1583.
Question As to Whether Payment of Termination Compensation Constitutes Fee-Splitting, IAS_IX-1584.
Question As to Whether Practice Constitutes a Pain-Management Clinic — Petition Denied, IAS_IX-1585.
Question As to Whether Treatment of Neuromuscular Skeletal Conditions Related to Spine & Joints By Prescribing Controlled Substances For Extended Use Constitutes Treatment of “Chronic Nonmalignant Pain”, IAS_IX-1586.
Question As to Whether a Physician Can Interpret Neuro-Diagnostic Data From Florida Technicians In California Office — Petition Denied, IAS_IX-1587.
Question As to Whether a Physician May Prescribe An Opioid Antagonist to At Risk Patients & Teach Overdose Prevention to Third Parties, IAS_IX-1588.
Question As to the Proper Utilization of ARNP’s In Provision of Care to Homebound & Skilled Nursing Facility Patients, IAS_IX-1589.
Authority of Advanced Registered Nurse Practitioner (ARNP) to Order Narcotics For Hospital Patients, IAS_IX-1590.
Authority of An Advanced Registered Nurse Practicioner (ARNP) to Provide Services to Out-of-State Patients Via Audio & Video Communications, IAS_IX-1591.
Authority of Registered Nurse (RN) to Administer Low Doses of Ketamine, IAS_IX-1592.
Authority of Registered Nurse (RN) to Administer Medications to Healthy Newborn Infants Promptly Upon Admission Pursuant to a Standing Order / Protocol, IAS_IX-1593.
Authority of Registered Nurse (RN) to Initiate Order Tests On Body of Deceased Organ Donor — Denied, IAS_IX-1594.
Authority of Registered Nurse (RN) to Perform Automated Digital Single View Chest X-Rays For the Purpose of Screening For Pulmonary Tuberculosis, IAS_IX-1595.
Authority of Registered Nurse (RN) to Perform a Ventriculostomy Catheter Flushing — Petition Dismissed As Inappropriate, IAS_IX-1596.
Authority of Registered Nurse (RN) to Perform Intraosseous Cannulation Under the Direct Supervision of a Physician, IAS_IX-1597.
Authority of Registered Nurse (RN) to Perform Punch & Shave Biopsies, IAS_IX-1598.
Authority of Registered Nurse (RN) to Perform Various Procedures In an Advanced Wound Care Program, IAS_IX-1599.
Authority of Registered Nurse (RN) With Masters Degree to Perform Visually-Guided Sclerotherapy & Administer FDA Approved Sclerosants In Veins on Patient Skin With Physician Order & Supervision, 1313b-1314
Authority of Registered Nurse (RN) With Specialized Training to Perform Laser Hair Removal, IAS_IX-1600.
Authority of Registered Nurse (RN) Working In a Wellness Center Owned & Operated By a Chiropractor to Recommend Diet & Lifestyle Changes With Vitamin Supplementation, IAS_IX-1601.
Authority of a Clinical Nurse Specialist to Assess, Diagnose & Treat Patients With Behavioral Problems Without Physician Supervision, IAS_IX-1602.
Authority to Provide Education to the Nursing Staff On How to Change the Continuous Epidural Solution & Reprogram the Volume to Be Fused On Epidural Pump — Petition Denied, IAS_IX-1603.
Need For Administrator At a Private Accredited Nursing College In Fla. to Be Licensed In Fla., IAS_IX-1604.
Petition Denied As Deficient, IAS_IX-1605.
Question Regarding Regulation of Post Licensure Educational Programs, IAS_IX-1606.
Registered Nurse Questions Scope of Practice of LPN, IAS_IX-1607.
Request For Without License Number, Citation to Applicable Rules or Statutes or Explanation of Particular Circumstances — Denied, IAS_IX-1608.
Request For Interpretation of 484.002(3) Denied, IAS_IX-1609.
Authority to Perform & Bill For Meibomian Gland Probing For Dry Eye Syndrome — Petition Denied, IAS_IX-1610.
Optometrist Utilizing an Online Appointment Book While a Lessee of Sears Optical World — Denied, IAS_IX-1611.
Propriety of Accepting Payment For Co-Managing a Patient Undergoing Enhanced Ocular Lens Treatment and Procedure, IAS_IX-1612.
Question As to Applicability of 463.009 to a Licensed Optician — Denied, IAS_IX-1613.
Question As to Whether the Use of a Specific Biological Contact Lens Bandage Is Within the Scope of Optometry, IAS_IX-1614.
Osteopathic Medicine —
Question As to Whether 456.44 Is Applicable to the Prescription of Controlled Substances In Connection With Pallative Care — Chronic Nonmalignant Pain, IAS_IX-1615.
Appropriateness of Already Installed Ceiling Tiles At a Compounding Pharmacy, IAS_IX-1616.
Authority of Pharmacy Students to Train to Administer the Flu Vaccine, IAS_IX-1617.
Authority to Use Facilities At Baptist Hospital Pharmacy to Compound Antineoplastic Drugs, IAS_IX-1618.
Question As to Legality of Central Fill Arrangement, IAS_IX-1619.
Question As to Monetary Dispute Regarding Dispensing of Transferred Prescriptions — Petition Dismissed As Inappropriate, IAS_IX-1620.
Question As to Propriety of Process of Giving an Electronic Version of a Prescription to a Patient — Granted, IAS_IX-1621.
Question As to Whether Prescription Assistance Program Medications Can Be Shipped Directly to a Physician’s Office, IAS_IX-1622.
Question As to Whether a Cashier Can Receive Written Prescriptions & Link Patient’s Name & a Specific Metric Into a Computerized Record — Granted, IAS_IX-1623.
Question As to Whether a Patient Can Be Discharged From a Hospital With Noncontrolled Substance Prescription Medicine Being Administered Through a Single Dose Pump, IAS_IX-1624.
Question As to the Requisite Supervision of a Pharmacy Technician — Denied, IAS_IX-1625.
Question Regarding Impending Fla. Medical Marijuana Legislation — Denied, IAS_IX-1626.
Physical Therapy Practice —
Authority of Physical Therapy Assistants to Remove Staples — Petition Denied, IAS_IX-1627.
Authority of a Physical Therapist to Refer Patients to “Alternative Treatment Providers”, IAS_IX-1628.
Eligibility of a College’s Students to Sit For the Licensure Exam, IAS_IX-1629.
Insurance Company Inquiry Into the Proper Scope of Message Therapy Denied, IAS_IX-1630.
Licensure Requirements For Foreign Educated Applicant — Denied As Unnecessary, IAS_IX-1631.
Question As to What Constitutes the Initial Day of the Treatment Period, IAS_IX-1632.
Question As to Whether Assessments & Treatment Through Electronic Information & Telecommunication Technologies Constitute Physical Therapy, IAS_IX-1633.
Question As to Whether Specific Activities Could Be Performed During a Conference & Remain Within the Scope of the Statutory Exemption From Licensure — Petition Dismissed As Deficient, IAS_IX-1634.
Question As to the Proper Scope of Practice, IAS_IX-1635.
Question Regarding Whether Specific Activities Performed During a Research Project (6 Minute Walk Test & Strength Testing During a Study On Barth Syndrome) Fall Within the Scope of Licensed Practice, IAS_IX-1636.
Request For a List of All Authorized Examining Boards & Examinations In the European Union — Petition Denied, IAS_IX-1637.
Question As to Whether It Is Within the Scope of Practice to Inject Varicose Veins Under Ultrasound Guidance In the Thigh, IAS_IX-1638.
Question As to Whether Pinpoint Laser Treatment of Fungal Toenails Is Within the Scope of Practice, IAS_IX-1639.
Authority of Out-of-State Licensee to Practice In Fla. For Short Durations, IAS_IX-1640.
Authority to Offer Videoconference Sessions to an Out-of-State Patient — Denied, IAS_IX-1641.
Authority to Utilize Hypnosis Under Various Scenarios Questioned — Petition Denied, IAS_IX-1642.
Authority to Write Consultation Order to Practitioners of Other Disciplines, IAS_IX-1643.
Question As to Perceived Conflict Between 61.122 & 490.009(1)(N) In Regard to Assailed Parenting Plan Recommendations, IAS_IX-1644.
Authority to Relocate to California and Practice In Fla. By Means of “Telepsychology” — Denied, IAS_IX-1645.
Question As to the Definition of “Approximately Trained”, Authority to Conduct Psychological Testing & Supervise Certain Graduate Students Who Conduct Assessments, IAS_IX-1646.
Question As to Propriety of Testing In Evaluating Minors Involved In Child Custody / Residence / Visitation Disputes, IAS_IX-1647.
Question As to Whether Certain Employs Involve the Potential For Ethical Violations, IAS_IX-1648.
Question As to Whether Continuing Supervised Practice Once the Required Number of Hours Is Reached Is Permissible — Denied As Moot, IAS_IX-1649.
Request That Animal Assisted & Pet Therapy Be Included In the Definition of Mental Health Counseling — Denied, IAS_IX-1650.
Purpose of —
Requirements For —
Actual Controversy, IAS_IX-1652.
Agency Cannot Interpret Statutes Governing Other Agencies, IAS_IX-1653.
Applicable Statutory Provisions Must Be Specified, IAS_IX-1654.
Available When Contradictory Orders From an Agency Create Uncertainty, IAS_IX-1655.
Cannot Be Utilized As a Substitute Mechanism For Another Specific Adequate Legal Remedy, IAS_IX-1656.
Cannot Be Utilized When Statutes & Rules Are Unambiguous, IAS_IX-1657.
Cannot Be Utilized to Amend a Statute, IAS_IX-1658.
Cannot Be Utilized to Clarify Vague Statutory Provision, IAS_IX-1659.
Cannot Be Utilized to Determine Contractual Issues, IAS_IX-1660.
Cannot Be Utilized to Determine Matters Pending In Civil Court Proceeding, IAS_IX-1661.
Cannot Be Utilized to Determine Propriety of Conduct By Third Parties, IAS_IX-1662.
Cannot Be Utilized to Determine Propriety of Conduct That Has Already Occurred, IAS_IX-1663.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, IAS_IX-1664.
Cannot Be Utilized to Interpret Federal Law, IAS_IX-1665.
Cannot Be Utilized to Interpret Statutes Outside the Agency’s Jurisdiction, IAS_IX-1666.
Cannot Be Utilized For Speculative Questions, IAS_IX-1667.
Cannot Be Utilized to Question Hypothetical Circumstances, IAS_IX-1668.
Fact Findings — Must Be Sufficient, IAS_IX-1669.
Facts Alleged May Be Taken As True Without Proof, IAS_IX-1670.
Facts Must Be Narrowly Drawn & Unique, IAS_IX-1671.
Initiation of Rulemaking to Address Issues Raised Does Not Preclude Issuance of a Declaratory Statement, IAS_IX-1672.
Must Be Based On Prospective Course of Action, IAS_IX-1673.
Petition Denied As Moot, IAS_IX-1674.
Petition For Cannot Be Withdrawn As a Matter of Right, IAS_IX-1675.
Petition For Denied As Uneccesary, IAS_IX-1676.
Purpose of — Examined, IAS_IX-1677.
Relevant Statutes, Rules or Orders Must Be Cited, IAS_IX-1678.
Specific Facts & Circumstances Must Be Set Forth, IAS_IX-1679.
There Is No Longer a Requirement That the Issue Only Apply to the Petitioner, IAS_IX-1680.
Validity of Referenced Statutes, Rule or Order Assumed, IAS_IX-1681.
Respiratory Therapy —
Request For Interpretation of 468.352 Denied, IAS_IX-1682.
South Florida Water Management Dist. —
Question As to Whether the District Has the Authority to Pursue Penalties For Perjury By a Permit Applicant, IAS_IX-1683.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
1996 Statutory Amendment Expanded Availability to Third Parties, IAS_IX-1684.
Found Lacking, IAS_IX-1685.
Limited to Petitioner In Their Particular Set of Circumstances Only, IAS_IX-1686.
Standards Governing Examined, IAS_IX-1687.
Substantially Affected Test, IAS_IX-1688.
Unlicensed Person Not Seeking Licensure Cannot Petition Health Care Board, IAS_IX-1689.
Appellate Order Vacates Final Order & Remands Case For Further Fact Findings: Health v. Borges, IAS_IX-1690.
Declaratory Statement (See DECLARATORY STATEMENTS)
Aiding & Abetting Unlicensed Personnel —
Irremediable Task Defined & Discussed, IAS_IX-1691.
Aiding & Abetting Unlicensed Personnel, IAS_IX-1692.
Bd. Revocation For Criminal Conviction For Child Pornography — Relationship to Profession — Reversed Due to Insufficient Fact Findings, IAS_IX-1693.
Controlled Substances —
Administration By Unlicensed Personnel, IAS_IX-1694.
Authority to Dispense Schedule II or III Controlled Substances Examined, IAS_IX-1695.
Failure to Keep Requisite Written Records —
Scope of Requisite Records Examined, IAS_IX-1696.
Failure to Keep Requisite Written Records, IAS_IX-1697.
Fraudulent Conduct, IAS_IX-1698.
Improper Delegation to Unlicensed Personnel, IAS_IX-1699.
Prohibition On Self-Referral —
Subsidiary LLC Contracting With Third Party Payors For Dental Specialty Services For Patients of the Referring Dentist Only, IAS_IX-1700.
Unacceptable Level of Care, IAS_IX-1701.
Violation of Rule, IAS_IX-1702.
Aiding & Abetting Unlicensed Personnel —
Actual Fault of Licensee Involving Negligence, Intentional Wrongdoing or Lack of Due Diligence Must Be Shown, IAS_IX-1703.
Ambiguities Must Be Construed Against the Prosecuting Agency, IAS_IX-1704.
Charges Are Strictly Constured In Favor of Licensee, IAS_IX-1705.
Charges Outside of Cannot Be Prosecuted, IAS_IX-1706.
Expiration of License (See Expiration of License)
Facts Outside of the Complaint Cannot Be Considered, IAS_IX-1707.
Factual Allegation Must Be Tied to a Specific Disciplinary Statute, IAS_IX-1708.
License Is Presumed to Know the Law —
Corporate Citizen Is Not Exempt From This, IAS_IX-1709.
Licensee Need Not Be Informed During Investigative Stage Prior to the Filing of, IAS_IX-1710.
Multiple Counts — Found Contrived From Single Act, IAS_IX-1711.
Multiple Counts — Proper Calculation of Penalty, IAS_IX-1712.
Must Give Adequate Notice of Assailed Conduct, IAS_IX-1713.
Must Give Notice What Penalties Are Being Sought, IAS_IX-1714.
Procedural Failures Constitute Harmless Error Unless Prejudicial, IAS_IX-1715.
Requisite Specificity, IAS_IX-1716.
Service of Notice of —
Notice By Publication Deemed Deficient — Prerequisites For Not Satisfied, IAS_IX-1717.
Regular Mail At Last Known Address Is Sufficient, IAS_IX-1718.
Consent Order —
Constitutes Previous Discipline Without Specific Language As to Culpability, IAS_IX-1719.
Criminal Charges —
Exercise of Protected Rights In Criminal Proceeding May Have Adverse Consequences In Collateral Civil Context, IAS_IX-1720.
Failure to Comprehensively List — Intent to Mislead Found Lacking, IAS_IX-1721.
Moral Turpitude —
Nonhearsay Evidence Is Required, IAS_IX-1723.
Comparison to Fla. Provisions — Elements of the Offense Are Dispositive – Not Historical Facts, IAS_IX-1724.
Criminal Conviction —
Agency Reviews Jurisdiction to Vacate Discipline In Event of Appellate Reversal, IAS_IX-1725.
Any Judicial Disposition Other Than Acquittal or Dismissal, IAS_IX-1726.
Appeal Pending — Not Probative As to Proper Penalty, IAS_IX-1727.
Child Pornography, IAS_IX-1728.
Driving Under the Influence (DUI), IAS_IX-1729.
Federal Appeal Pending — Health Care Fraud —
Denial of Request For Indefinite Suspension In Lieu of Revocation After Informal Hearing Pending Outcome of the Appeal Affirmed, IAS_IX-1730.
Felony — Comparison Between Federal Charges & Analogous Florida Provisions, IAS_IX-1731.
Relationship to Profession Construed, IAS_IX-1732.
Relationship to the Profession — Requisite Factual Basis Found Lacking, IAS_IX-1733.
Spouse Operating Together Who Is Not Convicted, IAS_IX-1734.
Criminal Court Mandate For License Suspension Must Be Obeyed Otherwise There Would Be Contempt, IAS_IX-1735.
Criminal Plea —
Circumstances Surrounding Can Be Presented But Facts Which Are Necessary Elements of the Crime Cannot Be Relitigated, IAS_IX-1736.
Circumstances Surrounding the Plea Can Be Explained, IAS_IX-1737.
Creates a Rebuttable Presumption of a Conviction, IAS_IX-1738.
Does Not Constitute An Admission of Guilt or Direct Evidence of Guilt, IAS_IX-1739.
Facts Surrounding Cannot Be Used As Direct Evidence, IAS_IX-1740.
Found to Be an Admission As to the Underlying Facts, IAS_IX-1741.
Found to Constitute a Conviction, IAS_IX-1742.
Guilty Plea As Proof of Underlying Facts, IAS_IX-1743.
Guilty Plea Is Equivalent to a Conviction Whether an Alford Plea or Not, IAS_IX-1744.
Licensee Must Be Given a Chance to Explain the Circumstances Surrounding the Plea, IAS_IX-1745.
Not Conclusive Proof of Underlying Facts, IAS_IX-1746.
Out-of-State (Possession of Phenobarbital) —
Misdemeanor Status In Location of Violation Prevails Over Conflicting Fla. Felony Classification For Purpose of Ascertaining a Disqualifying Offense, IAS_IX-1747.
Pretrial Intervention — No Plea Colloquy — No Guilty Plea — No Basis For Discipline, IAS_IX-1748.
Relationship to the Profession Construed, IAS_IX-1749.
Restoration of Civil Rights —
Found to Trump Statutory Per Se Prohibition On Licensure, IAS_IX-1750.
Underlying Criminal Case Does Not Get Relitigated, IAS_IX-1751.
Exacerbating Factors (See Also Mitigating Factors) —
Abuse of a Confidential Patient Relationship — Sexual Relation, IAS_IX-1752.
Actual Knowledge of Violation, IAS_IX-1753.
Attempting to Conceal a Violation, IAS_IX-1754.
Deceptive or Fraudulent Conduct, IAS_IX-1755.
Deterrent Effect of the Penalty, IAS_IX-1756.
Egregious Misconduct, IAS_IX-1757.
Failure to —
Accept Responsibility, IAS_IX-1758.
Correct Deficiencies, IAS_IX-1759.
Failure to Keep Requisite Written Records, IAS_IX-1760.
Make Effort Towards Rehabilitation, IAS_IX-1761.
Prove Rehabilitation, IAS_IX-1762.
Understand the Violation, IAS_IX-1764.
Harm to Public, IAS_IX-1765.
Intentional Misconduct, IAS_IX-1766.
Lack of Judgment, IAS_IX-1767.
Lack of Remorse, IAS_IX-1768.
Long Period of Noncompliance With Applicable Regulations, IAS_IX-1769.
Multiple Counts Found Established, IAS_IX-1770.
Operating Without a License, IAS_IX-1771.
Pecuniary Gain, IAS_IX-1772.
Potential Harm to Patient, IAS_IX-1773.
Previous Discipline, IAS_IX-1774.
Repetitious Misconduct, IAS_IX-1775.
Severity of the Offense, IAS_IX-1776.
Sexual Misconduct, IAS_IX-1777.
Expiration of License (See Also LICENSING; PRACTICE & PROCEDURE, Moot Case) —
Application For Renewal Tolls, IAS_IX-1778.
Does Not Divest Agency of Jurisdiction to Impose, IAS_IX-1779.
Does Not Necessarily Occur On Expiration Date, IAS_IX-1780.
Found Not to Bar Discipline For Conduct When License Was Active, IAS_IX-1781.
Exploitation of Patient For Financial Gain —
Arranging Unrelated & Self-Serving Financial Transfers — Elderly Client, IAS_IX-1782.
Ordering Unnecessary and Excessive Tests, IAS_IX-1783.
Failure to Timely Report a Violation —
Calculated From the Date Written Decision Is Received, IAS_IX-1784.
Fraudulent Conduct —
Circumstantial Evidence Is Frequently Utilized In Lieu of Direct Evidence, IAS_IX-1785.
Circumstantial Evidence Usually Must Be Utilized, IAS_IX-1786.
Defined & Discussed, IAS_IX-1787.
False or Misleading Information On an Application Constitutes a Separate Offense, IAS_IX-1788.
Five (5) Part Common Law Test Examined, IAS_IX-1789.
Four (4) Part Test For, IAS_IX-1790.
Intent Is An Essential Element, IAS_IX-1791.
Requisite Proof Examined, IAS_IX-1792.
Three (3) Part Test For, IAS_IX-1793.
Inability In Profession —
Actual Harm to a Patient Is Not Required, IAS_IX-1794.
Impairment Distinguished From Inability, IAS_IX-1795.
Jurisdiction (See Expiration of License)
License Issued In Error Cannot Be Revoked On That Basis Alone Under the Relevant Statute, IAS_IX-1796.
Mitigating Factors (See Also Exacerbating Factors) —
Absence of —
Actual Harm to Public, IAS_IX-1797.
Controlled Substance Abuse, IAS_IX-1798.
Danger to the Public, IAS_IX-1799.
Pecuniary Benefit, IAS_IX-1800.
Previous Discipline — After Many Years of Service, IAS_IX-1801.
Previous Discipline, IAS_IX-1802.
Restrictions on Practice, IAS_IX-1803.
Controlled Substances Found Not Involved, IAS_IX-1804.
Cooperation With Criminal Prosecution of Co-Conspirators Does Not Constitute, IAS_IX-1805.
Corrective Action — During Difficult Economic Times, IAS_IX-1806.
Corrective Action — Prompt, IAS_IX-1807.
Criminal Court Recommendation For Leniency, IAS_IX-1808.
Defined & Discussed, IAS_IX-1809.
Distinguished Career, IAS_IX-1810.
Effect of Severe Penalty On Livelihood, IAS_IX-1811.
Gravity of Offense Not Established, IAS_IX-1812.
Health Problems, IAS_IX-1813.
Incarceration Prevents Compliance With Legal Requirements, IAS_IX-1814.
Isolated Incident In Long Career, IAS_IX-1815.
Isolated Infraction, IAS_IX-1816.
Long & Distinguished Career, IAS_IX-1817.
Long Time Since Previous Discipline, IAS_IX-1818.
Loss of Livelihood Compounds Parallel Criminal Problems, IAS_IX-1819.
Marital or Immigration Status Do Not Constitute, IAS_IX-1820.
Medical Problems, IAS_IX-1821.
Must Be Proven By Clear & Convincing Evidence, IAS_IX-1822.
One (1) Count Complaint, IAS_IX-1823.
One (1) of Three (3) Counts Found Proven, IAS_IX-1824.
Payment of Court Costs, IAS_IX-1825.
Positive Contributions to the Profession, IAS_IX-1826.
Previous Violation Not Resolved At Time of Current Violation, IAS_IX-1827.
Pro Se Status At Hearing Does Not Constitute, IAS_IX-1828.
Rehabilitation — Effects Towards, IAS_IX-1829.
Subordinate Role In Violations, IAS_IX-1830.
Suspension From Employment, IAS_IX-1831.
Turmoil In Personal Life, IAS_IX-1832.
Voluntary Corrective Action, IAS_IX-1833.
Moral Character —
Distinguished From Moral Turpitude, IAS_IX-1834.
Found Lacking, IAS_IX-1835.
Good Moral Character — Discussed, IAS_IX-1836.
Out-of-State Discipline —
Comparable Substitute Violation That Would Have Been Charged In Fla. Need Not Be Established, IAS_IX-1837.
Report From Federation of State Licensing Boards Does Not Relieve Licensee of Duty to Self Report to Fla. Board, IAS_IX-1838.
Underlying Allegations Are Not Relitigated, IAS_IX-1839.
Penalty (See Also APPELLATE REVIEW; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Review — Need Merely Be Within Permissible Range, IAS_IX-1840.
Cannot Be Based On Facts Not Alleged In the Administrative Complaint, IAS_IX-1841.
Complaint Must Give Notice of What Penalties Are Being Sought, IAS_IX-1842.
Costs Waived In Exchange For Waiver of Right to Appellate Review, IAS_IX-1843.
Each Day Constitutes a Seperate Violation, IAS_IX-1844.
Environmental Permitting — Clear & Convincing Evidence Is Required, IAS_IX-1845.
Exceeding Statutory Limits, IAS_IX-1846.
Circumventing Statutory Maximum By Charging Multiple Violations, IAS_IX-1847.
Found Inappropriate For An Impairment Issue, IAS_IX-1848.
Imposition of After an Informal Hearing — Appellate Review Is Limited, IAS_IX-1849.
When Not Appropriate, IAS_IX-1850.
Must Be Within Permissible Range Established By Statute or Rule, IAS_IX-1851.
Must Not Exceed Limitations In Effect At the Time of the Violations, IAS_IX-1852.
Purpose Is Correctional Remediation — Specific Terms Must Be Established, IAS_IX-1853.
Restitution Ordered, IAS_IX-1854.
Rule Guidelines —
Agency Duty to Explain By Reference to, IAS_IX-1855.
Agency Failure to Promulgate Rule Guidelines Mandated By Statute, IAS_IX-1856.
Penalty Imposed Must Be Consistent With, IAS_IX-1857.
Penalty Must Be Consistent With, IAS_IX-1858.
Those In Effect At the Time of Violation Apply, IAS_IX-1859.
Granted For Thirty (30) Days to Allow For Transfer of Residents After Renewal of License Was Denied, IAS_IX-1861.
Progressive Discipline Defined & Found Not to Constitute Double Jeopardy, IAS_IX-1862.
Egregious Misconduct Found to Warrant Despite Absence of Previous Discipline, IAS_IX-1863.
Expired License (See Expired License)
Jurisdiction to Impose Later On After Conclusion of Appellate Review of Criminal Conviction Is Not Contemplated, IAS_IX-1864.
Reversed On the Basis of Insufficient Evidence, IAS_IX-1865.
Stayed to Allow Orderly Discharge of Residents, IAS_IX-1866.
Upward Departure From the Rule Penalty Violations Found Partially Unsupported By Competent Substantial Evidence, IAS_IX-1867.
Sexual Misconduct —
Exploitation of Patient For Personal Gain Charge Cannot Be Added On, IAS_IX-1868.
Medical Patient Is Conclusively Presumed Incapable of Free, Full and Informed Consent, IAS_IX-1869.
Obstetrical Patient Should Rarely If Ever Be Treated Without a Chaperon, IAS_IX-1870.
There Is No Distinction Between Different Types of Sexual Misconduct, IAS_IX-1871.
Expired License (See Expired License)
Unavailable For An Expired License, IAS_IX-1872.
Unacceptable Level of Care —
Best Practice Is Not Required, IAS_IX-1873.
Expert Testimony — Use of to Establish Examined, IAS_IX-1874.
Failure to Establish Found, IAS_IX-1875.
Standard of Care Must Be Established With Expert Testimony, IAS_IX-1876.
Unprofessional Conduct —
Financial Exploitation of a Patient Constitutes, IAS_IX-1877.
Indecent Exposure Found to Constitute, IAS_IX-1878.
Need Not Be Within the Scope of a Professional Practice, IAS_IX-1879.
Vicarious Liability —
Common Law & Tort Concepts Found Not Directly Applicable to Administrative Licensing & Regulatory Proceedings —
Requisite Statutory Basis Examined, IAS_IX-1880.
Employee Sexual Misconduct — Licensee Is Not Strictly Liable — Fault Must Be Established, IAS_IX-1881.
Failure of Third Party Employment Agency to Properly Screen Staff, IAS_IX-1882.
Piercing the Corporate Veil Discussed, IAS_IX-1883.
Requisite Statutory Basis For Examined, IAS_IX-1884.
Requisite Statutory Basis For Found, IAS_IX-1885.
Spousal Immunity, IAS_IX-1886.
Voluntary Relinquishment —
Eligibility to Reapply — Factored In to a New Disciplinary Case, Eligibility to Reapply — Factored In to a New Disciplinary Case, IAS_IX-1887.
Failure to Appear At Hearing Does Not Constitute, IAS_IX-1888.
Motion to Reinstate Denied, IAS_IX-1889.
Comprehensive Plan (See Also ADMINISTRATION Comm.) —
Dept. & DOAH Jurisdiction to Review Is Limited, IAS_IX-1890.
Dept. Must Either Find an Amendment In Compliance or Refer the Case to the Administrative Comm. For Final Review, IAS_IX-1891.
Executive Director Must Either Find In Compliance or Submit Recommended Order to the Administrative Comm., IAS_IX-1892.
Existing Provision Previously Found to Be In Compliance Cannot Be Attacked, IAS_IX-1893.
Expedited Review Process — Purpose of Found to Be Limitation On Scope of State Review, IAS_IX-1894.
Expedited Review Process — Utilized, IAS_IX-1895.
Must Discourage Urban Sprawl, IAS_IX-1896.
Procedural Errors Are Only Germane If Prejudicial, IAS_IX-1897.
Procedure or Motives Are Not Consolidated, IAS_IX-1898.
Exceptions Are Not Prohibited, IAS_IX-1899.
Internal Consistency — Discussed In Context of an Amendment, IAS_IX-1900.
Internal Consistency — Discussed, IAS_IX-1901.
Internal Consistency — No De Minimus Exception, IAS_IX-1902.
Internal Inconsistency — Not Found, IAS_IX-1903.
County Interpretation of Its Comprehensive Plan Is Entitled to Great Deference, IAS_IX-1904.
Defined & Discussed, IAS_IX-1905.
In Compliance —
Defined & Discussed, IAS_IX-1906.
Dept. Determination of Not In Compliance Must Be Submitted to the Admin. Comm. For Final Action, IAS_IX-1907.
Expedited State Review Process Examined, IAS_IX-1908.
Local Determination Regarding Presumed to Be Correct, IAS_IX-1909.
Not Even Fairly Debatable Standard, IAS_IX-1910.
Plan Need Not Be the Best Plan, IAS_IX-1911.
Public Participation Is Not Germane, IAS_IX-1912.
Review Limited to Statutory Provisions Within 163.3184(1)(b), IAS_IX-1913.
Speculation About the Future Is Insufficient, IAS_IX-1914.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Persons — Defined, IAS_IX-1915.
Burden of Proof — Fact Findings — Preponderance of the Evidence, IAS_IX-1916.
Burden of Proof — Not Even Fairly Debatable Standard, IAS_IX-1917.
Limited to the Issues Timely & Properly Raised In the Petition, IAS_IX-1918.
Standing — Affected Person Defined & Discussed, IAS_IX-1919.
Time Limit For Filing Challenge — Calculated From Time Local Ordinance Actually Takes Effect, IAS_IX-1920.
Time Limit For Filing Challenge — Untimely Challenge Filed In Wrong Forum – Circuit Court, IAS_IX-1921.
Purpose of Examined, IAS_IX-1922.
Requisite Data, Studies, Etc. —
Amendment — All Data Available At Time of Amendment Is Germane Even If Not Actually Considered, IAS_IX-1923.
Amount or Type of Data Varies With the Nature of the Plan Amendment, IAS_IX-1925.
Aspirational Provisions Require Less, IAS_IX-1926.
Can Support Multiple Policy Decisions, IAS_IX-1927.
Citizen With Requisite Expertise Can Provide Expert Testimony, IAS_IX-1928.
Data Must Be Taken From Professionally-Accepted Sources, IAS_IX-1929.
Expert Testimony — Reliance On Facts & Data Examined, IAS_IX-1930.
Local Government Need Not But May Collect Original Data, IAS_IX-1931.
Requisite Data, Studies, etc. —
Failure to Make Available to the Public, IAS_IX-1932.
Comprehensive Plan — Local
Eatonville — Intervenor Challenge to Amendment, IAS_IX-1933.
Hialeah — Intervenor Challenge to Small Scale Plan Amendment, IAS_IX-1934.
Martin County — Intervenor Challenge to Amendment, IAS_IX-1935.
Palm Beach County — Intervenor Challenge to Amendment, IAS_IX-1936.
Pompano Beach — Intervenor Challenge to Amendment, IAS_IX-1937.
South Pasadena — Intervenor Challenge to Amendment, IAS_IX-1938.
Southwest Ranches — Intervenor Challenge to Amendment, IAS_IX-1939.
Surfside — Intervenor Challenge to Amendment, IAS_IX-1940.
Venice — Intervenor Challenge to Amendment, IAS_IX-1941.
Consistency of Local Ordinance With Local Comprehensive Plan —
Dept. Determination of Not In Compliance Must Be Submitted to the Admin. Comm. For Final Action, IAS_IX-1942.
Key West, City of —
Land Development Regulations Upheld As Consistent With the Comprehensive Plan, IAS_IX-1943.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Rule Variance or Waiver —
Community Development Block Grant —
Improvements to Wastewater Treatment Facility — Granted, IAS_IX-1944.
Film Production Tax Credit Award Letter — Time Limit For Filing of Election Form — Granted, IAS_IX-1945.
Film Production Tax Credit Award Letter — Time Limit For Filing of Election Form — Temporary Waiver Granted, IAS_IX-1946.
Corrected Final Order: Bennet v. Henson, IAS_IX-1947.
Gross Immorality, IAS_IX-1948.
Misconduct Reducing Effectiveness, IAS_IX-1949.
Moral Turpitude, IAS_IX-1950.
Motion For Reconsideration Granted — Informal Hearing Accorded For Presentation of Mitigating Evidence, IAS_IX-1951.
Revocation of Certificate — Notice of Informal Hearing Assailed — Reversed & Remanded, IAS_IX-1952.
Verbal Abuse of Colleague, IAS_IX-1953.
Verbal Abuse of Colleague —
Increased Penalty Over DOAH Recommendation of Dismissal Reversed With Direction to Dismiss the Complaint, IAS_IX-1954.
Verbal Abuse of Colleague, IAS_IX-1955.
120 Is Inapplicable to the State Board of Education, IAS_IX-1956.
Best & Brightest Teacher Scholarship —
Speech-Language Pathologist Who Does Classroom Teaching Found to Be Eligible, IAS_IX-1957.
Teacher — Definition of — School Bd. Cannot Insert the Term “Classroom”, IAS_IX-1958.
Charter School —
120 Found Inapplicable to Disputes Regarding, IAS_IX-1959.
DOE Authorization Over Objections of Local School Bd. —
Burden of Proof Is On the Local School Bd. By Clear and Convincing Evidence, IAS_IX-1960.
Educational Program Found Not to Substantially Replicate High-Performing Charter School, IAS_IX-1961.
Findings of Fact & Conclusions of Law Are Not Required, IAS_IX-1962.
High-Performing Charter School Is Limited to One Application Per Year, IAS_IX-1963.
DOE Reversal of Seminole School Bd. Denial Reversed, IAS_IX-1964.
Employees Are Not School Bd. Employees, IAS_IX-1965.
Failure to Substantially Replicate High-Performing Charter School, IAS_IX-1966.
Flexibility & Parental Choice Are Paramount Statutory Goals, IAS_IX-1967.
Public Nonsectarian Schools That Operate Pursuant to a Contract With a Public Sponsor, IAS_IX-1968.
Standard of Review Found Unworkable and Deficient, IAS_IX-1969.
Statutory Framework Regarding Found to Be Deficient & Incomprehensible, IAS_IX-1970.
Substantially Similar Defined & Discussed, IAS_IX-1971.
Transportation of Students —
Busing of Students Residing More Than Two (2) Miles Away Is Not Mandatory
Variety of Mechanisms Found to Be Contemplated, IAS_IX-1972.
Constitutional Challenge to Student Success Act Regarding Evaluation of Teachers —
Circuit Court Rejection of Challenge Affirmed, IAS_IX-1973.
Legislature Found to Have Provided Sufficient Standards & Direction, IAS_IX-1974.
DOE Acts As the Administrative & Supervisory Education Agency Under the State Board of Education, IAS_IX-1975.
Disabled Students Scholarship Programs —
Challenge to Scoring of Matrices — Statutory Appeals Procedure, IAS_IX-1976.
Fla. Tax Credit Scholarship Program (FTCSP) —
Circuit Court Dismissal of Complaint For Lack of Standing Affirmed, IAS_IX-1977.
Mechanics of This Program Examined, IAS_IX-1978.
Predecessor Program That Was Declared Unconstitutional Examined, IAS_IX-1979.
Employee Challenges Termination As the South Regional Ombudsman — Circuit Court Denies Dept. Motion For Judgment On the Pleadings —
Ombudsman Program Examined, IAS_IX-1980.
Reversed & Remanded On Basis That Sovereign Immunity Was Applicable, IAS_IX-1981.
Bd. Denial of Application For Upgrade of License Suspended For Failure to Pay Child Support Affirmed, IAS_IX-1982.
Fla. Engineers Management Corp. (FEMC) — Role As a Prosecutorial Entity Examined, IAS_IX-1983.
Remedial Statute Containing Some Penal Provisions, IAS_IX-1984.
Central Everglades Planning Project Comprehensive Everglades Restoration Plan Approved, IAS_IX-1985.
Circuit Court Finding of a Regulatory Taking Reversed on Basis That the Claim Was Not Ripe —
DEP Denial of a Coastal Construction Control Line (CCCL) Permit, IAS_IX-1986.
Enforcement — Circuit Court (See Also PERMITS, Circuit Court Enforcement Action) —
Abatement of Saltwater Intrusion From Cooling Canals For Turkey Point Nuclear Power Plant, IAS_IX-1987.
Administrative Order Utilized As An Enforcement Instrument —
Need Not Be a Charging Document, IAS_IX-1988.
Agency Has the Burden of Proof By a Preponderance of the Evidence When Assessing Monetary Penalties, IAS_IX-1989.
Circuit Court Dismissal of Third Party Action For Affirmed, IAS_IX-1990.
Commercial Clam Farmer Alleges Violations of DEP Permit By the St. Johns River Water Management Dist. —
Excavation / Restoration Project In Mosquito Lagoon In Vicinity of Plaintiff’s Clam Farm — Injunction Denied, IAS_IX-1991.
DEP Discretionary Choice of an Authorized Remedy Is Unsuitable For DOAH or Judicial Review, IAS_IX-1992.
Diligence Defined & Discussed, IAS_IX-1993.
Investigative Costs Awarded, IAS_IX-1994.
Judicial Deference Examined, IAS_IX-1995.
Power Plant — Conditions of Certification — Violation of Found Cognizable In This Type of Proceeding Over Contrary DOAH Recommendation, IAS_IX-1996.
Saltwater Intrusion In Dade County (See DADE COUNTY)
Third Parties Cannot Intervene In Administrative Action Regarding, IAS_IX-1997.
Third Party Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Two (2) Prong Test, IAS_IX-1998.
Final Order — Amended: DEP v. South Palafox Properties, Inc., IAS_IX-1999.
None to Consider Compliance With Local Setback Requirements, IAS_IX-2000.
None to Resolve Property Disputes or Ownership Rights, IAS_IX-2001.
Notice of Violation/Order For Corrective Action (See Also PERMITS) —
Coastal Construction Control Line (CCCL) — County Road — Unauthorized Placement of Construction & Other Debris & Granite Boulders Seaward of the CCCL Without a Permit, IAS_IX-2002.
Construction & Demolition Debris Landfill — Failure to Comply With Consent Order — Permit Revoked, IAS_IX-2003.
DEP Costs Awarded, IAS_IX-2004.
DEP Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2005.
DOAH Final Order Authority Examined, IAS_IX-2006.
DOAH Has Final Order Jurisdiction If Penalties Are Sought, IAS_IX-2007.
Diesel Fuel Discharge, IAS_IX-2008.
Dredge & Fill Without a Permit, IAS_IX-2009.
Final Order Vacated In Order to Facilitate Further Negotiations, IAS_IX-2010.
Financial Status Is Not a Defense to Liability — Governmental Entity, IAS_IX-2011.
Mitigation of the Statutory Penalty Found Warranted, IAS_IX-2012.
Penalty (See Also APPELLATE REVIEW; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
DEP Discretion Is Not Subject to DOAH or Appellate Review If Within Permissible Range, IAS_IX-2013.
DOAH Has Final Order Authority If Sought, IAS_IX-2014.
Revocation of Permit (See PERMITS)
Stormwater Facility — Failure to Maintain In Compliance With Its Permit & State Law, IAS_IX-2015.
Water Treatment Plant —
Failure to Analyze For Secondary Contaminants, IAS_IX-2016.
Failure to Employ an Operator, IAS_IX-2017.
Failure to Issue Tier 3 Notices, IAS_IX-2018.
Failure to Provide a Consumer Confidence Report, IAS_IX-2019.
Failure to Sample For Nitrate, IAS_IX-2020.
Failure to Sample For Primary Inorganic Contaminants, IAS_IX-2021.
Failure to Sample For Synthetic Organic Contaminants, IAS_IX-2022.
Failure to Submit Test Results, IAS_IX-2023.
Failure to Take Monthly Total Coliform Sample, IAS_IX-2024.
Coastal Construction Control Line (CCCL) (See Also PERMITS) —
Coastal Armoring Structure —
Revetment — After-the-Fact — Franklin County — Affirmed, IAS_IX-2025.
Erosion Control Line (ECL) — Rule Methodology Governing Examined, IAS_IX-2026.
Exemption — Beach Dune Walkover — Repairs to the Foundation — Third Party Challenge — DEP Grant of Exemption Over Contrary DOAH Conclusion Affirmed, IAS_IX-2027.
Statutory Framework Governing Examined, IAS_IX-2028.
Environmental Resource (See Also PERMITS; SOUTH FLORIDA WATER MANAGEMENT Dist.) —
Exemption — Boat Lift Adjacent to Existing Finger Pier — Third Party Challenge Denied, IAS_IX-2029.
Manual Revegetation Is Not Normally Required, IAS_IX-2030.
Petition For Hearing —
Dismissed For Lack of Standing & As Deficient, IAS_IX-2031.
Request For Extension of Time to File Denied As Likewise Untimely, IAS_IX-2032.
Petroleum Product Cleanup (See Also Notice of Violation / Order For Corrective Action, Petroleum Storage Tanks) —
Abandoned Tank Restoration Program (ATRP) —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2033.
Application Deadlines As Amended By Statute Examined, IAS_IX-2034.
Does Not Cover Closure of Storage Tank Systems, IAS_IX-2035.
Failure to Meet Application Deadline, IAS_IX-2036.
Cleanup Participation Program (PCPP) —
Cap On Funding Is Per Discharge Not Per Site, IAS_IX-2037.
Discovery Defined, IAS_IX-2038.
Failure to Timely File Requisite Written Report, IAS_IX-2039.
Reporting Deadlines Examined, IAS_IX-2040.
Separate Report For Each Independent Discovery Must Be Timely Filed, IAS_IX-2041.
Petroleum Storage Tanks —
Appropriate Inquiry Into Previous Ownership Examined, IAS_IX-2042.
Assessment Reports — Evidentiary Value, IAS_IX-2043.
Innocent Purchaser Defense — Environmental Professional Must Conduct the Inquiry, IAS_IX-2044.
Liability of Previous Owner Examined, IAS_IX-2045.
Soil Contamination Typically Does Not Migrate Horizontally, IAS_IX-2046.
Underground — Improperly Abandoned, IAS_IX-2047.
Statutes Regarding Are Strictly Construed In Favor of the Government & Against the Applicant, IAS_IX-2048.
Rule Variance or Waiver —
Coastal Armoring — Domestic Wastewater System Protection — Granted, IAS_IX-2049.
Coastal Armoring — Eligible Structures — Granted, IAS_IX-2050.
Mitigation Bank — Financial Responsibility Requirements — Denied, IAS_IX-2051.
Southwest Fla. Water Management Dist. Rules Establishing Minimum Flows & Levels For Chassahowitzka & Homosassa River Systems —
Found Consistent With Dept. Water Resource Implementation Rule, IAS_IX-2052.
Water Resource Implementation Rule —
Consumptive Use Permits — Three (3) Prong Test Governing, IAS_IX-2053.
Interplay With Consumptive Use Permits Examined, IAS_IX-2054.
Mechanics Governing Establishment of Minimum Flows & Levels By the Water Management Districts Examined, IAS_IX-2055.
Minimum Flow Defined & Discussed, IAS_IX-2056.
Minimum Level Defined & Discussed, IAS_IX-2057.
No Right to Use Water Is Granted Here, IAS_IX-2058.
Shared Responsibility With Water Management Districts Examined, IAS_IX-2059.
Statewide Applicability Examined, IAS_IX-2060.
Water Quality Standards Examined & Are Separate From Establishment of Minimum Flows & Levels —
Fla. Antidegradation Policy Is Inapplicable, IAS_IX-2061.
Water Supply Planning & Regulation of Water Withdrawals Examined, IAS_IX-2062.
Comm. Order Affirmed Without Prejudice to Pursue Constitutional Challenge In a Separate Circuit Court Action, IAS_IX-2063.
Constitutional Challenge to Comm. Adoption of DOAH Recommended Order Finding Violations, IAS_IX-2064.
Attorney General Is Required to Recover Any Penalty or Restitution Awarded, IAS_IX-2065.
Comm. Action Is Not Final Until Acted Upon By the Pertinent Body, IAS_IX-2066.
Comm. Reports Its Findings & Recommendations to the Pertinent Body For Final Action, IAS_IX-2067.
Comm. Shall Investigate An Alleged Violation, IAS_IX-2068.