Bureau of Unclaimed Property —
Dept. Must Act Within Statutorily-Prescribed Time Frames, IAS_IX-2069.
Petition For Writ of Mandamus Dismissed As Moot, IAS_IX-2070.
Chief Financial Officer Has No Authority to Restrict Expenditures of Other State Officers or Agencies, IAS_IX-2071.
Fire Safety Inspector —
Denial of Recertification Due to 1993 Felony Criminal Plea On Basis of Subsequent Statutory Amendment Affirmed, IAS_IX-2072.
License — Agent —
Dept. Denial of Application & Permanent Bar to Licensure Reversed —
Criminal Conviction For Counterfeiting — Restoration of Civil Rights — Life & Variable Annuity, IAS_IX-2073.
Discipline Based On Sale of Viatical Settlement Purchase Agreements — Operating As Unregistered Security Dealer & Sale of Unregistered Securities —
Dept. Discipline Reversed Due to Improper Retroactive Application of Relevant Statutory Provisions, IAS_IX-2074.
Discipline Imposed After An Informal Hearing —
Reversed After Dept. Confesses Error In Failing to Convene a Formal Hearing, IAS_IX-2075.
Discipline Imposed After Untimely Petition For Hearing — $48,000 Fine —
Reversed & Remanded For Limited Issue Regarding Applicability of Equitable Tolling, IAS_IX-2076.
Emergency Suspension Order Regarding Non-Resident Quashed —
Requisite Particularized Facts Establishing An Immediate Danger Found Lacking, IAS_IX-2077.
Licensure Denied — Appeal Dismissed As Untimely — Appellant Alleged Nonreceipt of Final Order, IAS_IX-2078.
License — Money Services Business —
Revocation of License & Fine Due to Various Violations Affirmed, IAS_IX-2079.
Licensure — Loan Originator —
Criminal Plea — Organized Fraud/False Statement For Public Aid/Medicaid Provider Fraud, IAS_IX-2080.
Criminal Plea — Restoration of Civil Rights Except For Gun Possession or Ownership, IAS_IX-2081.
Unclaimed Property —
Claim of Former Spouse For Unpaid Child Support & Marital Settlement —
Child Support Arreage Is Treated Differently, IAS_IX-2082.
Judgment Creditor Can Bring a Claim, IAS_IX-2083.
Dept. Cannot Determine Priority of Claims By Judgment Creditors, IAS_IX-2084.
Workers’ Compensation —
Penalty For Failure to Maintain For Employees —
2013 Grace Period Examined, IAS_IX-2085.
Div. Imposition of Penalty Affirmed, IAS_IX-2086.
Status of Owner/Members, IAS_IX-2087.
Assessment — Trap Retrieval Fee —
Challenge Dismissed As Untimely, IAS_IX-2088.
Assistant Executive Director Has Final Order Authority, IAS_IX-2089.
Circuit Court Order Binds the Commission, IAS_IX-2090.
Circuit Court Order Enjoining Enforcement of Rules With Respect to Gill or Entangling Nets Reversed, IAS_IX-2091.
Comm. Dismissal of Petition For Hearing Challenging Alleged Decision to Backfill Navigation Channel In Cowbone Marsh In Fisheating Creek Reversed, IAS_IX-2092.
Criminal Liability For Violation of Comm. Rules —
379.401(2)(a)(2) Is Constitutional Since Any Violation Is Criminal —
Comm. Does Not Have Discretion Over Which Violations Are Criminal, IAS_IX-2093.
Exclusive Domain of the Legislature, IAS_IX-2094.
Shot & Killed a White Ibis — Motion to Dismiss Denied, IAS_IX-2095.
Public Safety, Animal Welfare, Documentation, & Needs of Owner, IAS_IX-2096.
Comm. Must Impose Any Suspension Ordered By a Court In a Parallel Criminal Proceeding, IAS_IX-2097.
Commercial Saltwater Fishing —
Blue Crab Hard-Shell Endorsement —
Failure to Document Requisite Landings, IAS_IX-2098.
Failure to Timely Renew & Requalify, IAS_IX-2099.
Commercial Dive Endorsement — Untimely Request For Renewal — Reinstatement Denied, IAS_IX-2100.
Criminal Plea — Blue Crab Theft, IAS_IX-2101.
Failure to Timely Renew Commercial Dive Endorsement, IAS_IX-2102.
First Major Violation — Illegal Net Gear, IAS_IX-2103.
Illegal Net Gear — First Flagrant Violation, IAS_IX-2104.
Illegal Net Gear — First Major Violation, IAS_IX-2105.
Illegal Net Gear — Fourth Flagrant Violation, IAS_IX-2106.
Illegal Net Gear — Second Flagrant Violation Within Seven (7) Years, IAS_IX-2107.
Illegal Net Gear, IAS_IX-2108.
Molestation of Spiny Lobster Trap, IAS_IX-2109.
Petition For Hearing Dismissed As Deficient, IAS_IX-2110.
Possession of a Net Over 2,000 Sq. Ft. Is a Felony, IAS_IX-2111.
Restricted Species Endorsement — Vessel Less Than 16 Feet — Denial Upheld, IAS_IX-2112.
Sale of Saltwater Products Without a Valid Retail License, IAS_IX-2113.
Sale or Attempted Sale While License Was Suspended, IAS_IX-2114.
Trap Retrieval Fee Upheld, IAS_IX-2115.
Trap Retrieval Fees — Challenge to Assessment Dismissed As Deficient, IAS_IX-2116.
Illegal Take of a Doe, IAS_IX-2117.
Out-of-State (Iowa) — A Wildlife Violator Compact Statute, IAS_IX-2118.
Taking Wild Turkeys During the Closed Season, IAS_IX-2119.
Using a Gun & Light to Take Deer, IAS_IX-2120.
Hunting, Fishing & Trapping —
Out-of-State Suspension — Alabama — Hunting Deer At Night, IAS_IX-2121.
Taking Deer During Closed Season, IAS_IX-2122.
Taking Deer During the Closed Season — Repeat Offense — Permanent Suspension Upheld, IAS_IX-2123.
Notice of Administrative Penalties As Mandatory When In Fact They Are Discretionary Found Not Prejudicial, IAS_IX-2124.
Notice of Administrative Penalties In Addition to Criminal Sanctions Need Not Be Provided, IAS_IX-2125.
Petition For Hearing Dismissed As Deficient, IAS_IX-2126.
Recreational Fishing —
Illegal Net Gear, IAS_IX-2127.
Game Farm —
Caging, Maintenance & Sanitation Problems, IAS_IX-2128.
Failure to Maintain Accurate Records of Animal Acquisition, Sales & Transfers, IAS_IX-2129.
Reporting of Violations to States That Participate In the Wildlife Violator Compact Examined, IAS_IX-2130.
License — Saltwater Retail Dealer —
Unlawful Purchase of Saltwater Products, IAS_IX-2131.
License — Tampa Bay Commercial Shrimping —
Failure to Provide a Copy of Current Commercial Vessel Registration & Timely Signed Renewal Application, IAS_IX-2132.
Application — To Possess Class I and/or Class II Wildlife For Exhibition or Public Sale —
Caging & Fencing Deficiencies, IAS_IX-2133.
Failure to Provide Fresh Drinking Water, IAS_IX-2134.
Unsanitary Conditions, IAS_IX-2135.
Captured Wildlife —
Criminal Conviction — Operating Without a License, IAS_IX-2136.
Commercial Live Shrimp Production —
Failure to Timely File an Application, IAS_IX-2137.
Class I Wildlife —
Failure to Obtain Requisite USDA License — Extension of Time Accorded Then Renewal of Permit Denied With Leave to Amend, IAS_IX-2138.
Listed Species Incidental Take —
Least Tern — Environmental Resource — Habitat Modification or Degradation Due to Restoration of a River After a Storm, IAS_IX-2139.
Personal Pet —
Monkeys Are Not Considered “Service Animals” Under the ADA, IAS_IX-2140.
Racoon — Petition For Hearing Dismissed As Deficient, IAS_IX-2141.
Possession of Class I, II, & III Captive Wildlife —
Alligator Possessed Without a License, IAS_IX-2142.
Caging, Maintenance & Sanitation Problems, IAS_IX-2143.
Failure to Maintain Accurate Records of Animal Acquisitions, Sales & Transfers, IAS_IX-2144.
Possession of Class III Wildlife For Personal Use —
Capuchin Monkey — Petition For Hearing Withdrawn, IAS_IX-2145.
Possession of Wildlife For Exhibit Or Public Sale —
Criminal Conviction — Maintaining Captive Wildlife In Unsanitary Conditions, IAS_IX-2146.
Criminal Conviction — Maintaining Captive Wildlife Without a License, IAS_IX-2147.
Criminal Conviction — Rule Violations — Exhibition of Raccoon — Application Denied, IAS_IX-2148.
Failure to Correct Violations, IAS_IX-2149.
Racoon — Pet — Denied, IAS_IX-2150.
Racoons Are Not to Be Taken From the Wildlife to Be Possessed As Pets, IAS_IX-2151.
Revocation of USDA License, IAS_IX-2152.
Sale of Captive Bred & Hatched Eastern Indigo Snakes —
Challenge to Denial Dismissed As Deficient, IAS_IX-2153.
Transport of Wildlife —
Criminal Conviction — Cruelty to Animals — Out-of-State, IAS_IX-2154.
Criminal Conviction — Out-of-State Cruelty to Animals — Distinction Between Class I or II & Class III Wildlife, IAS_IX-2155.
Petition For Hearing Dismissed As Deficient, IAS_IX-2156.
Petition For Hearing Dismissed As Untimely, IAS_IX-2157.
Petition to Initiate Rulemaking —
Manatee Protection In Collier County — Doctor Pass & Moorings Bay System — Granted In Part, IAS_IX-2158.
Motorized Vessel Exclusion Zone Within Mastha Flats of Biscayne Bay, IAS_IX-2159.
Protected Species — Species of Special Concern —
Criminal Liability For Any Taking Upheld As Constitutional, IAS_IX-2160.
Failure to Follow Federal Procedural Rules Regarding Listing Does Not Necessarily Immunize Violators, IAS_IX-2161.
White Ibis Is Protected, IAS_IX-2162.
Rule Variance or Waiver —
Alligator Caging Requirements — Denied, IAS_IX-2163.
Rules Promulgated Pursuant to Commission’s Constitutional Authority Are Not Subject to 120.542, IAS_IX-2164.
Settlement Agreement Accepted, IAS_IX-2165.
Competitive Application Process —
Rejection of Application For Funding to Build Affordable Housing — Incomplete Application —
Final Order Affirmed On Basis That Irregularity Was Not Minor — Failure to Establish Site Control, IAS_IX-2166.
Faculty Member Challenges Changes to Terms of Teaching Apppointment —
Correspondence Regarding Found Not to Constitue a Final Order — Appeal Dismissed, IAS_IX-2167.
408.7057 Dispute Resolution Process Between Medicaid Health Plans & Health Care Providers —
AHCA Final Order On HMO Failure to Pay Plan Benefits On Time Affirmed, IAS_IX-2168.
Amended Final Order: AHCA v. A+ Therapy Inc., IAS_IX-2169.
Appellate Court Affirms AHCA Final Order After Withdrawal of Petitions & DOAH Remand —
AHCA “Speculative Obiter Dicta” Regarding Future Petitioners Not Addressed, IAS_IX-2170.
Appellate Order On Motion For Rehearing: Giorgione v. Albertson’s Inc. et al., IAS_IX-2171.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE)
Central Abuse Registry —
Exemption From Disqualification —
AHCA Is Free to Weigh the Various Factors As It Sees Fit, IAS_IX-2172.
Abuse of Discretion Standard Defined & Discussed, IAS_IX-2173.
Abuse of Discretion Standard of Review Examined, IAS_IX-2174.
Applicant Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-2175.
Criminal Conviction — Failure to Report Elderly Abuse, IAS_IX-2176.
Criminal Plea — Medicaid Fraud, IAS_IX-2177.
Dept. Has Absolute Discretion to Deny, IAS_IX-2179.
Rehabilitation — AHCA Cannot Reject DOAH Conclusion of Law Regarding, IAS_IX-2180.
Certificate of Need (CON) (See CERTIFICATE OF NEED (CON)) —
Anti-Trust Considerations Examined, IAS_IX-2181.
Circuit Court Suit Denying Challenge to Extension of Expiration Date of a Certificate of a Competing Facility Reversed, IAS_IX-2182.
Expiration Date — AHCA Extension Found Impermissible, IAS_IX-2183.
Expiration Date — Grounds For Extension Examined, IAS_IX-2184.
Purpose of This Program Examined, IAS_IX-2185.
Contracts (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Abortion Clinic —
Failure to Keep Requisite Written Records, IAS_IX-2186.
Failure to Maintain a Consent Form On File, IAS_IX-2187.
Induced Termination of Pregnancy (ITOP) Reporting Form, IAS_IX-2188.
Operating Beyond Scope of License — Performing Abortions Beyond First Trimester, IAS_IX-2189.
Adult Family Care Home —
Criminal Plea — Operating An Unlicensed Assisted Living Facility, IAS_IX-2190.
Fraudulent Conduct, IAS_IX-2191.
Operating an Unlicensed Facility, IAS_IX-2192.
Assisted Living Facility (ALF) —
AHCA Must Provide Notice of an Opportunity to Correct Violations Before Imposing Penalties, IAS_IX-2193.
An Assisted Living Facility License Is a Public Trust & Priviledge – Not an Entitlement, IAS_IX-2194.
Class II & Class III Deficiencies Defined & Discussed, IAS_IX-2195.
Class II Deficiencies — Defined & Discussed, IAS_IX-2196.
Class III Deficiencies, IAS_IX-2197.
Class III Deficiencies — Defined & Discussed, IAS_IX-2198.
Classification of Deficiencies, IAS_IX-2199.
Direct Service Providers Need Not Speak English Fluently, IAS_IX-2200.
Each Resident Need Not Be Provided With an Individualized Residence, IAS_IX-2201.
Failure to Appropriately Discharge Five (5) Residents to a Licensed Provider, IAS_IX-2202.
Failure to Comply With Background Screening Requirements, IAS_IX-2203.
Failure to Correct Deficiencies, IAS_IX-2204.
Failure to Document An Employee As Free From Communicable Disease, IAS_IX-2205.
Failure to Ensure That Residents Wore Restraints, IAS_IX-2206.
Failure to Follow Own Elopement Policy, IAS_IX-2207.
Failure to Have Resident Contracts On File, IAS_IX-2208.
Failure to Keep Requisite Medical Records, IAS_IX-2209.
Failure to Maintain Employee Background Screening Results For Employees, IAS_IX-2210.
Failure to Maintain Proper Employee Files, IAS_IX-2211.
Failure to Maintain Requisite Written Records, IAS_IX-2212.
Failure to Maintain Service Plan For All Residents, IAS_IX-2213.
Failure to Maintain TB Test Results For Employees, IAS_IX-2214.
Failure to Maintain a Current Health Assessment, Resident Plan & Certification of Medical Necessity, IAS_IX-2215.
Failure to Maintain a Resident Health Assessment, IAS_IX-2216.
Failure to Maintain a Resident Service Plan, IAS_IX-2217.
Failure to Maintain a Safe Living Environment, IAS_IX-2218.
Failure to Prepare Adequate Meal Plans, IAS_IX-2219.
Failure to Properly Administer Medications, IAS_IX-2220.
Failure to Properly Notify Resident’s Health Care Provider of a Significant Change, IAS_IX-2221.
Failure to Properly Restrain Residents — Activity Board Attached to Wheelchair Does Not Constitute a Restraint, IAS_IX-2222.
Failure to Properly Supervise Administration of Medications, IAS_IX-2223.
Failure to Protect Residents From Threatening Conduct By Another Resident, IAS_IX-2224.
Failure to Provide Adequate Supervision, IAS_IX-2225.
Failure to Provide Employees With Requisite Training, IAS_IX-2226.
Failure to Provide Proper Care For Residents, IAS_IX-2227.
Failure to Provide Requisite Medical Care, IAS_IX-2228.
Failure to Screen New Residents, IAS_IX-2229.
Failure to Submit Written Comprehensive Management Plan For Review, IAS_IX-2230.
Failure to Treat Residents With Respect, IAS_IX-2231.
Inadequate Staffing, IAS_IX-2232.
Pattern Defined For Purposes of Deficiencies, IAS_IX-2234.
Renewal — Admission of an Ineligible Resident — Inability to Transfer From Wheelchair to Bed Without Assistance, IAS_IX-2235.
Renewal — Controlling Interest In Another Facility With an Unpaid Fine, IAS_IX-2236.
Renewal — Denial — Expiration Date Extended With Conditions to Allow Orderly Discharge of Clients, IAS_IX-2237.
Renewal — Denial — Stayed For Thirty (30) Days to Allow For Orderly Closure, IAS_IX-2238.
Renewal — Eviction of Residents Without Proper Advance Notice, IAS_IX-2239.
Renewal — Failure to Act On Resident Complaints, IAS_IX-2240.
Renewal — Failure to Correct Deficiencies — AHCA Claim of Found Fabricated, IAS_IX-2241.
Renewal — Failure to Correct Deficiencies, IAS_IX-2242.
Renewal — Failure to Document Employee First Aid Training, IAS_IX-2243.
Renewal — Failure to Document Resident’s Informed Consent Regarding Nurse Oversight of Self-Medication, IAS_IX-2244.
Renewal — Failure to Document Staff’s Current CPR & First Aid Training, IAS_IX-2245.
Renewal — Failure to File Adverse Incident Report When a Resident Eloped, IAS_IX-2246.
Renewal — Failure to Have a Resident Sign a Contract, IAS_IX-2247.
Renewal — Failure to Keep Requisite Written Records, IAS_IX-2248.
Renewal — Failure to Maintain Requisite Written Policies Regarding Hospice Contact In Event of Medical Emergencies, IAS_IX-2249.
Renewal — Failure to Properly Assist Residents With Medications, IAS_IX-2250.
Renewal — Failure to Properly Stock & Maintain Requisite Records of Administered Medications, IAS_IX-2251.
Renewal — Failure to Provide Accessible Inspection Report to Visitors, IAS_IX-2252.
Renewal — Failure to Provide Requisite Medical Care, IAS_IX-2253.
Renewal — Failure to Provide Requisite Medical Exam After a Significant Change, IAS_IX-2254.
Renewal — Failure to Provide Substitution Log For Meals, IAS_IX-2255.
Renewal — Failure to Screen All Employees, IAS_IX-2256.
Renewal — Missing AHCA Health Assessment Form, IAS_IX-2257.
Renewal — Pet Cat Without Documentation of Vaccination, IAS_IX-2258.
Renewal — Resident Went Missing, IAS_IX-2259.
Renewal — Unlabelled Medications, IAS_IX-2260.
Renewal — Unsafe & Unsanitary Facilities, IAS_IX-2261.
Renewal — Use of Expired Medical Supplies, IAS_IX-2262.
Renewal — Utilization of Bed Rails Without Doctor Orders In Order to Confine a Patient, IAS_IX-2263.
Renewal — Violation of Food Service – Dietary Standards, IAS_IX-2264.
Resident Bill of Rights Encompasses Right to Be Free From Abuse, IAS_IX-2265.
Revocation Stayed For Thirty (30) Days to Allow Orderly Discharge of Clients, IAS_IX-2266.
Termination From Medicaid Provider Network, IAS_IX-2267.
Unsafe & Unsanitary Conditions, IAS_IX-2268.
Zero Tolerance of Abuse, Neglect or Exploitation Discussed, IAS_IX-2269.
Health Care Clinic — Renewal —
Failure of Director to Document Full Compliance With Records For Two (2) Years of “When & What Action” Was Taken, IAS_IX-2270.
Failure to Have Employer Attest to Qualification For Employment, IAS_IX-2271.
Failure to Verify That All Practitioners Have Active Unencumbered Florida Licenses, IAS_IX-2272.
Trauma Center — Dept. Allocation of & Establishment of Service Areas Examined, IAS_IX-2273.
Medicaid (See MEDICAID)
Nursing Home —
Attempting to Revive a Patient Despite a Valid Do Not Resuscitate Order, IAS_IX-2274.
Class I Deficiencies Defined & Discussed, IAS_IX-2275.
Class I, II, III & IV Deficiencies — Defined & Discussed, IAS_IX-2276.
Conditional License — Basis For — Implications of — Purpose of, IAS_IX-2277.
Conditional Rating — AHCA Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2278.
Failure to Correct Deficiencies, IAS_IX-2279.
Failure to Demonstrate Financial Ability to Operate Lawfully, IAS_IX-2280.
Failure to Follow Physician Orders, IAS_IX-2281.
Failure to Implement Requisite Plan For Medical Care, IAS_IX-2282.
Failure to Properly Screen Staff — Volunteers — Third Party Staffing Agency Hires, IAS_IX-2283.
Failure to Provide Adequate & Appropriate Medical Care, IAS_IX-2284.
Failure to Report Verbal Abuse From Resident’s Roommate, IAS_IX-2285.
Improper Discharge or Transfer of a Resident, IAS_IX-2286.
Physician Orders Must Always Be Followed, IAS_IX-2287.
Renewal — Failure to Follow Procedures Governing Do Not Resuscitate (DNR) Orders, IAS_IX-2288.
Renewal — Failure to Maintain Current, Accurate & Accessible Information Regarding End of Life Choices, IAS_IX-2289.
Strict Liability For Harm to Residents Found Not Imposed, IAS_IX-2290.
Medicaid (See MEDICAID)
Public Medical Assistance Trust Fund (See MEDICAID)
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
DOAH Cannot Award, IAS_IX-2291.
Proper Scope of Examined, IAS_IX-2292.
Written Objections to, IAS_IX-2293.
Dept. of Health Assessment of Costs Discussed, IAS_IX-2294.
Depth of Health Costs to Be Determined In a Bifurcated Proceeding, IAS_IX-2295.
Compassionate Use —
Background Screening — Criminal Plea (Possession of Phenobarbital), IAS_IX-2296.
Background Screening — Distinguished From Exemption From Disqualification Proceeding, IAS_IX-2297.
Background Screening — Required Only For “Owners” or “Managers” — Not For a “Consultant”, IAS_IX-2298.
Contract (See CONTRACTS (Bids/Protests))
Declaratory Statements (See Also DECLARATORY STATEMENTS)
Recoupment of Salary Overpayment — Ordered, IAS_IX-2299.
Body Piercing Salon —
Failure to Keep Requisite Written Records, IAS_IX-2300.
Failure to Maintain Parental Consent Forms For Minors, IAS_IX-2301.
Emergency Medical Technician —
Criminal Plea — Indecent Exposure, IAS_IX-2302.
Hospital — Approval to Serve As Pediatric Level I or II Trauma Centers —
Provisional Status Discussed, IAS_IX-2303.
Third Party Challenge to Does Not Rescind or Stay Approval, IAS_IX-2304.
Hospital — Trauma Center —
Challenge to Denial of 2015 Annual Provisional License Dismissed As Moot, IAS_IX-2305.
Dept. Dismissal of Third Party Challenges to Grant of Provisional License Reversed, IAS_IX-2306.
Dept. Grant of a Provisional License Found to Constitute Final Agency Action, IAS_IX-2307.
Legislative History of Pertinent Statutes Examined, IAS_IX-2308.
Statutory Framework Governing Examined, IAS_IX-2309.
Pain Management Clinic —
Violation of Requirement For Physician Ownership, IAS_IX-2310.
Radon Mitigation & Measurement Specialist —
Failure to Install Requisite Measurement Devices, IAS_IX-2311.
Fraudulent Conduct, IAS_IX-2312.
Performing Radon Measurements Without Proper Certification, IAS_IX-2313.
Septic Tank Contractor —
Creation of a Sanitary Nuisance, IAS_IX-2314.
Dept. Statutes & Rules Are to Be Strictly Construed, IAS_IX-2315.
Dumping of Untreated Sewage Onto the Ground Illegally, IAS_IX-2316.
Failure to Call For Requisite Inspection, IAS_IX-2317.
Failure to Obtain a Permit Prior to Conducting Repairs, IAS_IX-2318.
Fraudulent Conduct, IAS_IX-2319.
Gross Negligence, IAS_IX-2320.
Permit (See Also PERMITS) —
Onsite Sewage Disposal System (Septic Tanks) (See Also PERMITS, Septic Tanks) —
Alternative Systems Exhaustively Explained, IAS_IX-2321.
Innovative System Test Requirements — Denied, IAS_IX-2322.
Prohibition On Smaller Alternative Drainfield System — Granted, IAS_IX-2323.
Septic Tank (See PERMITS, Septic Tank)
Rule Variance or Waiver —
Tattoo Education Courses — Requirement That Internet-Based Course Incorporate Identity Verification & Validation Technology — Granted, IAS_IX-2324.
Emergency Suspension —
Criminal Plea — Possession of Methamphetamine & Testosterone, IAS_IX-2325.
Exploitation of Patient For Financial Gain — Ordering Unnecessary & Excessive Tests Constitute, IAS_IX-2326.
Furnishing a Sales Receipt Without the Serial Number of the Hearing Aid, IAS_IX-2327.
Unprofessional Conduct, IAS_IX-2328.
Application — Specialist Training Program — Criminal Plea (Racketeering / Grant Theft / Sale of Unregistered Securities), IAS_IX-2329.
Dismissal of Whistle-Blower Complaint Against Dept. of Connection (DOC) As Untimely Reversed, IAS_IX-2330.
Teacher Challenge to Termination —
Termination Based On Treatment of Special Needs Student Affirmed, IAS_IX-2331.
Bd. Cannot Resolve Real Property Disputes or Alter Local Land Use Regulations, IAS_IX-2332.
Bd. Proprietary Decisions Are Not Subject to 120 —
Third Party Challenge Dismissed For Lack of Standing, IAS_IX-2333.
Bd. Propriety Decisions Are Not Subject to 120, IAS_IX-2334.
Circuit Court Stipulated Final Judgment Regarding Attorney’s Fees, Costs & Disbursements, IAS_IX-2335.
Deed — Modification to —
DOAH Lacks Jurisdiction Regarding, IAS_IX-2336.
Sovereign Submerged Land Found Not Implicated, IAS_IX-2337.
Sovereign Submerged Land —
Agricultural Lease — Everglades — Seven (7) Thirty (30) Year Extensions —
Legislation Ratifying the Bd. Action Found to Nullify Third Party Challenge, IAS_IX-2338.
Legislative Determination of the Public Interest Is Binding, IAS_IX-2339.
Burden of Proof In a Contested Proceeding — Examined, IAS_IX-2340.
Circuit Court Stipulated Final Judgement For Attorney’s Fees, Costs & Disbursements, IAS_IX-2341.
Consent of Use —
Applicant — Burden of Proof In a Contested Proceeding — Examined, IAS_IX-2342.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2343.
Can Be Denied While the Corresponding Permit Is Granted In a Consolidated Proceeding, IAS_IX-2344.
Consolidated Application With Environmental Resources Permit Must Be Denied If All Permit Criteria Are Not Satisfied, IAS_IX-2345.
DEP Secretary Has Been Delegated Authority From The Bd. to Take Final Agency Action On Consent of Use Applications For Activities Over Which the Dept. Has Permitting Authority, IAS_IX-2346.
Dock — Installation of Boat Lift, IAS_IX-2347.
Dock — Minimum Size — Defined & Discussed, IAS_IX-2348.
Dock — Presumption As Not Contrary to the Public Interest, IAS_IX-2349.
Dock — Residential — One (1) Dock Per Parcel Rule, IAS_IX-2350.
Dock — Residential — Shoreline Repairs — Boat Ramp — Mooring Piles, IAS_IX-2351.
Dock — Residential, IAS_IX-2352.
Does Not Constitute a License, Permit or Conceptual Approval Subject to 120.569(2), IAS_IX-2353.
Earthen Dams On Fisheating Creek Near Cowbone Marsh, IAS_IX-2354.
Geophysical Seismic Testing In Gulf & Calhoun Counties, IAS_IX-2355.
Hearing Canceled On Basis of An Absence of Disputed Issue of Material Fact & Res Judicata, IAS_IX-2356.
Least Amount of Authorization Necessary For the Proposed Activity Is Granted, IAS_IX-2357.
Natural Gas Pipeline — Easement, IAS_IX-2358.
Navigational Hazard — Includes Navigation Appurtenant to Adjacent Dock, IAS_IX-2359.
Not a “License” — Third Party Challenger Does Not Have the Burden of Proof, IAS_IX-2360.
Public Interest Test Examined, IAS_IX-2361.
Reasonable Assurance Standard For Permitting Is Applicable, IAS_IX-2362.
Recreation Site — Permanently Moored Platforms & Water Toys, IAS_IX-2363.
Residential Development, IAS_IX-2364.
Riparian Rights — Defined & Discussed, IAS_IX-2365.
Riparian Rights — Four (4) Classes of Rights Examined, IAS_IX-2366.
Riparian Rights — Inferior to Public Right to Navigate & Adjoining Landowner’s Riparian Reasonable Uses, IAS_IX-2367.
Riparian Rights — Obstruction of View, IAS_IX-2368.
Riparian Rights — Right of Navigation, IAS_IX-2369.
Standards Governing Review of an Application For Examined, IAS_IX-2370.
Wharfing Out, IAS_IX-2371.
Written Notice to Adjacent Landowners — Requirement For, IAS_IX-2372.
Limited to the Natural Physical Limits of the Waterbody, IAS_IX-2373.
Three (3) to Six (6) Inches will Suffice, IAS_IX-2374.
Notice of Violation/Order For Corrective Action —
Bd. Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-2375.
Construction of a Walkway & Dock On State Uplands & Sovereign Submerged Land Without a Permit, IAS_IX-2376.
Penalty — Bd. Can Consider Aggravating & Mitigating Factors, IAS_IX-2377.
Restoration of Lake & Adjacent Canals, Third Party Challenge to Bd. Amendment of Lease Dismissed, IAS_IX-2378.
Assessment For Secure Juvenile Detention Care —
Allocation of the Financial Obligation Between County & State Examined, IAS_IX-2379.
Challenge to 2008-2009 Assessment For Secure Juvenile Detention Costs Denied — Volusia County, IAS_IX-2380.
Challenge to 2008-2009 Assessment For Secure Juvenile Detention Costs Denied, IAS_IX-2381.
Challenges to 2009-2010 Annual Reconciliation of Detention Costs, IAS_IX-2382.
Challenges to 2010-2011 Annual Reconciliation of Detention Costs, IAS_IX-2383.
Challenges to 2011-2012 Annual Reconciliation of Detention Costs, IAS_IX-2384.
Claim That Legislature’s Alleged Failure to Appropriate Requisite Funds Precluded Dept. Compliance With Judicial Mandate to Apply Appropriate Credit Rejected, IAS_IX-2385.
Counties Are Responsible For Predisposition Actual Costs, IAS_IX-2386.
Dept. 12/7/09 Annual Reconciliation Was Binding On Counties That Did Not Challenge It, IAS_IX-2387.
Dept. Is Responsible For Post-Disposition Actual Costs, IAS_IX-2388.
Dept. Must Deny Belated Challenge to 12/7/09 Annual Reconciliation, IAS_IX-2389.
Dept. Must Reconcile Estimated Payments With Counties’ Actual Costs of Predisposition, IAS_IX-2390.
Broward County Appeal From Department Annual Reconciliation of Juvenile Detention Facility Utilization For 2008-2009 —
State-County Cost Sharing & Allocation Framework For Secure Detention Facilities — Dept. Allocation Affirmed, IAS_IX-2391.
Final Court Disposition —
Actual Costs Are Not Defined By Statute, IAS_IX-2392.
Counties Are Responsible For a Large Majority of Detention Stays, IAS_IX-2393.
Dept. Is Not Responsible Unless the Youth Is Committed to the State, IAS_IX-2394.
Dept. Makes No Effort to Calculate Each County’s Actual Costs, IAS_IX-2395.
Dept. Methodology Has Changed Over the Years, IAS_IX-2396.
Detention Center Costs Are Fixed & Unrelated to the Actual Number of Clients, IAS_IX-2397.
Not Defined By Statute, IAS_IX-2398.
Probation Disposition Cannot Be Deemed “Final”, IAS_IX-2399.
Joint Nature of County & State Obligation Noted, IAS_IX-2400.
Post-Disposition Care Defined & Discussed, IAS_IX-2401.
Pre-Disposition Care Defined & Discussed, IAS_IX-2402.
State Is Only Responsible For Youths Awaiting Placement As With the Adult Counterpart System, IAS_IX-2403.
Order On Motion For Clarification & Rehearing: Pinellas County v. DJJ, IAS_IX-2404.
Appeals (380.07(3)) —
Challenge to Fourth Addendum to St. Johns River Water Management Dist. 2005 Water Supply Plan Denied, IAS_IX-2405.
Comm. Must Rely On the Record Developed At DOAH, IAS_IX-2406.
Comm. Review Is De Novo, IAS_IX-2407.
Determinations By a Water Management Dist. Are Entitled to Great Deference, IAS_IX-2408.
Three (3) Members of the Comm. Must Accept Review, IAS_IX-2409.
Comm. Denial of Third Party Petition For Review Through Its Secretary Acting Alone Reversed, IAS_IX-2410.
St. Johns River Water Management Dist. 2005 Water Supply Plan — 4th Addendum (See Also ST. JOHNS RIVER WATER MANAGEMENT Dist.) —
Comm. Denial of Third Party Petition For Review Through Its Secretary Acting Alone Reversed, IAS_IX-2411.
Water Supply Plans —
Comm. Authority to Order Rulemaking On Anything Other Than Approval Examined, IAS_IX-2412.
Blood Alcohol Testing Rule —
DOAH Finding of Rule Validity Affirmed, IAS_IX-2413.
Comm. Suspended Law Enforcement Certification —
Misconduct During the Course of An Investigation — Prosecuting Attorney Serves In Dual Role As Legal Advisor Also — Reversed & Remanded, IAS_IX-2414.
Criminal Justice Standards & Training Comm. —
Comm. Suspension of Law Enforcement Officer Certification Affirmed & Reversed In Part, IAS_IX-2415.
Good Moral Character Requirement —
Statutorily-Required Rulemaking Regarding Found to Be Adequate, IAS_IX-2416.
Misuse of Official Position —
Charges of Witness Tampering or Harassment Found to Lack Requisite Mens Rea (Intent), IAS_IX-2417.
Investigation of Child Sexual Abuse Allegation Involving a Friend, IAS_IX-2418.
Prohibition Against Sweeps Broadly, IAS_IX-2419.
Abortion Clinic (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Accountant (See ACCOUNTANCY, Bd. of)
Adult Family Care Home (See HEALTH CARE ADMINISTRATION, Agency for (AHCA))
Assisted Living Facility (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Body Piercing Salon (See HEALTH, Dept. of)
Certificate (Teaching) (See CERTIFICATE (Teaching))
Child Care (See CHILDREN & FAMILIES, Dept. of (DCF))
Chiropractor (See CHIROPRACTIC, Bd. of)
Dentist (See DENTISTRY, Bd. of)
Emergency Medical Technician (See HEALTH, Dept. of)
Expiration of License (See Also DISCIPLINE) —
Application For Renewal Tolls, IAS_IX-2421.
Does Not Necessarily Occur On Expiration Date, IAS_IX-2422.
Fishing (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Fishing, Hunting or Trapping (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Foster Parent (See CHILDREN & FAMILIES, Dept. of)
Group Home (See PERSONS WITH DISABILITITES, Agency For (APD))
Hearing Aid Specialist (See HEARING AID SPECIALISTS, Bd. of)
Home Health Agency (See HEALTH CARE ADMINISTRATION, Agency For)
Hospital (See HEALTH, Dept. of)
Hunting (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Massage Therapist (See MASSAGE, Bd. of)
Nurse (See NURSING, Bd. of)
Nursing Home (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Osteopathic Physician (See OSTEOPATHIC MEDICINE, Bd. of)
Pain Management Clinic (See HEALTH, Dept. of)
Pharmacist (See PHARMACY, Bd. of)
Physician (See MEDICINE, Bd. of)
Physician Assistant (See MEDICINE, Bd. of)
Psychologist (See PSYCHOLOGICAL EXAMINERS, Bd. of)
Radon Mitigation & Measurement Specialist (See HEALTH, Dept. of)
Denial — Burden of Proof —
Agency Cannot Rely On Grounds Not Previously Noticed, IAS_IX-2423.
Agency Grounds & Reasons Must Be Strictly Construed, IAS_IX-2424.
Agency Must Provide & Prove Specific Reasons, IAS_IX-2425.
Applicable Evidentiary Standard Varies With the Nature of the Underlying Agency Action, IAS_IX-2426.
Application Instead For a New & Expanded License, IAS_IX-2427.
Caselaw Regarding Found to be Unsettled, IAS_IX-2428.
Clear & Convincing Evidence — Certified Conflict Question, IAS_IX-2429.
Clear & Convincing Evidence, IAS_IX-2430.
Differs Qualitatively From a Revocation Proceeding, IAS_IX-2431.
Found to Be Penal In Nature, IAS_IX-2432.
Inter-Related Yet Distinct From Concurrent Disciplinary Action, IAS_IX-2433.
Not a Penal Proceeding Per Se, IAS_IX-2434.
Not a Penal Proceeding, IAS_IX-2435.
On Applicant, IAS_IX-2436.
Past Violations, IAS_IX-2437.
Preponderance of the Evidence, IAS_IX-2438.
Standard of Review Distinguished From Burden of Proof, IAS_IX-2439.
Septic Tank Contractor (See HEALTH, Dept. of)
Teacher (See CERTIFICATE (Teaching); EDUCATION PRACTICES Comm. (EPC))
Trapping (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Applicant Has Burden of Proof —
At Each & Every Step of the Proceeding, IAS_IX-2440.
By a Preponderance of the Evidence — Supreme Court Conflict Jurisdiction, IAS_IX-2441.
By a Preponderance of the Evidence, IAS_IX-2442.
Establishment & Effect of the Prime Facie Case, IAS_IX-2443.
Failure to Appear At Properly Noticed Hearing — Unexcused, IAS_IX-2444.
Licensure Proceeding Is Not Penal —
Preponderance of Evidence Standard Found Applicable, IAS_IX-2445.
Regarding Fitness, IAS_IX-2446.
Applicant Has the Burden of Proof, IAS_IX-2447.
Application (See Also LICENSING, Renewal) —
Agency Denial of Otherwise Qualified Applicant Requires Clear & Convincing Evidence, IAS_IX-2448.
Agency Denial of Otherwise Qualified Applicant, IAS_IX-2449.
Agency Denial Will Be Upheld If Supported By Competent Substantial Evidence, IAS_IX-2450.
Agency Has Broad Authority to Determine the Fitness of Applicants, IAS_IX-2451.
Agency Limited to Grounds Stated In Its Reasons For Denial, IAS_IX-2452.
Agency Reason For Denial Must Be Proven, IAS_IX-2453.
Agency Reasons For Denial Must Be Specifically Stated, IAS_IX-2454.
By Endorsement (See By Endorsement)
Competing Mutually Exclusive Licenses Defined & Discussed, IAS_IX-2455.
Constitutional Right to Earn a Living Examined —
Conditions Can Be Imposed For the Protection of the Public, IAS_IX-2456.
Criminal Charge —
Failure to Comprehensively List — Intent to Mislead Found Lacking, IAS_IX-2457.
Criminal Conviction —
Failure to Disclose — Found Actionable, IAS_IX-2458.
Failure to Disclose — Found Unintentional Therefore Not Actionable, IAS_IX-2459.
Failure to Disclose — Must Be Shown to Be Intentional, IAS_IX-2460.
Pardon or Clemency Cannot Be Nullified By An Automatic Statutory Bar Against Licensure, IAS_IX-2461.
Criminal Conviction — Felony —
Permanent Bar to Licensure Found Unconstitutional, IAS_IX-2462.
Restoration of Civil Rights Vis Nonrestoration of Civil Rights, IAS_IX-2463.
Educational Credentials Cannot Be Assailed Collaterally In 120.57(1) Formal Hearings, IAS_IX-2464.
False or Misleading Information —
Intentional Misrepresentation Must Be Proven — Criminal Charges Not Reported, IAS_IX-2465.
Failure to Disclose Criminal History Found to Be Unintentional, IAS_IX-2466.
Intent Must Be Proven, IAS_IX-2467.
Must Be Shown to Be Intentional, IAS_IX-2468.
False or Misleading Information, IAS_IX-2469.
Good Moral Character —
Agency Claim of Special Expertise Rejected, IAS_IX-2470.
Considered As of the Time of Application, IAS_IX-2471.
Defined & Discussed, IAS_IX-2472.
Difficulty In Applying This Standard, IAS_IX-2473.
Measured As of the Time of Application, IAS_IX-2474.
Pardon — Criminal Conviction, IAS_IX-2475.
Question of Fact, IAS_IX-2476.
Good Moral Character, IAS_IX-2477.
Preemptive Denial of Rescinded, IAS_IX-2478.
Provisional License Granted Pending Further Review, IAS_IX-2479.
Requisite Educational Requirements — Found Lacking, IAS_IX-2480.
Statutory Ambiguity Resolved In Favor of Applicant (See Also STATUTES, Applicability), IAS_IX-2481.
Time Limit For Agency Action On — Error or Omissions, IAS_IX-2482.
Trainees Are Subject to the Same Requirements As Licensees, IAS_IX-2483.
Withdrawn After Hearing But Before Final Order Is Issued, IAS_IX-2484.
By Endorsement —
Degree From Unaccredited Institution —
Comparability Study Cannot Substitute For Requisite Accreditation of an Educational Institution, IAS_IX-2485.
Comparability Study Found Not Allowed, IAS_IX-2486.
Mistaken Acceptance of a Comparability Study In Lieu of Accreditation Does Not Bind the Bd. on Future Applications, IAS_IX-2487.
Rule Variance or Waiver Denied, IAS_IX-2488.
Foreign Medical School Graduate, IAS_IX-2489.
Challenge to Grading —
Dept. Revocation Affirmed, IAS_IX-2490.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2491.