550.054(14) Authorization to Change Permit From Jai-Alai to Greyhound Under Three (3) Enumerated Criterion — Authorization to Operate Remote Card Rooms —
Circuit Court Judgment Upholding This Statute As a Valid General Law Reversed, IAS_IX-2912.
This Statute Found to Be a Special Law Passed In the Guise of a General Law, IAS_IX-2913.
Appellate Order On Rehearing & Clarification: Debary Real Estate Holdings LLC et al. v. DBPR, IAS_IX-2914.
Cardroom Games —
Authorized Game Defined, IAS_IX-2915.
Banked Game Defined, IAS_IX-2916.
Games Must Be Conducted In Strict Adherence With Applicable Statutes & Rules, IAS_IX-2917.
Div. Jurisdiction Is Broad — Police Power Is More Arbitrary Because Gambling Is Inherently Dangerous, IAS_IX-2918.
Div. Permits & Licenses Are Generally Fixed to a Specific Location — Relocation Generally Requires Div. Approval, IAS_IX-2919.
License — Horse Track —
Barrel Match Racing Found to Have Been Improperly Authorized, IAS_IX-2920.
Horse Racing Defined & Discussed Exhaustively, IAS_IX-2921.
Quarter Horse Race Defined & Discussed, IAS_IX-2922.
License — Jai Alai —
Conversion of Quarter Horse Permit to Summer Jai Alai — Statutory Framework Exhaustively Explored, IAS_IX-2923.
Conversion to Greyhound Racing — Supreme Court Reverses 1st DCA & Holds That 550.054(14)(a) Was Not an Invalid Improperly Promulgated Special Law, IAS_IX-2924.
Denial of Application For a Summer Permit Reversed — Dispute Over Definition of the “Smallest Total Pool” Within the County, IAS_IX-2925.
Denial of Application to Conduct Summer Jai Alai In Miami-Dade County Reversed, IAS_IX-2926.
Denial of Summer Permit Affirmed & Reversed In Part, IAS_IX-2927.
Div. Denial of Request to Relocate a Converted Summer Jai Alai Permit Affirmed, IAS_IX-2928.
Florida’s Interest In This Type of Gaming Found to Be By Far the Greatest, IAS_IX-2929.
Priority Treatment of Applications For Summer Permits Are Not Contemplated, IAS_IX-2930.
Greyhound Racing —
Regulation of Horse & Dog Racing Need Not Be & Is Not Identical, IAS_IX-2931.
Trainers Are Held Strictly Liable For Drugs Detected In a Urine Test, IAS_IX-2932.
Para-Mutuel Wagering Defined, IAS_IX-2933.
Quarter Horse Racing —
Denial of Application For Quarter Horse Racing Permit Affirmed, IAS_IX-2934.
Slot Machines —
Application Denied In Gadsten County On Basis That Nonbinding Referendum Approval Was Not Authorized Nor Did It Trump Other Constitutional & Statutory Provisions, IAS_IX-2935.
Constitute Gambling Devices, IAS_IX-2936.
Denial of Application In Gasden County After Voter Approval In County-Wide Referendum Reversed, IAS_IX-2937.
History Behind Florida’s Regulation of Slot Machines Exhaustively Explored, IAS_IX-2938.
Order On Motion For Rehearing: Gretna Racing, LLC. v. DBPR, Pari-Mutuel Wagering, IAS_IX-2939.
Question Raised Regarding the Constitutional Authority of the Legislature to Expand Slot Machines Beyond Dade & Broward Counties, IAS_IX-2940.
State of Florida Interest In These Activities —
Constitutional Limitations On Gambling Exhaustively Explored, IAS_IX-2941.
Legislature Has Broad Discretion In Regulating & Controlling Wagering & Gambling, IAS_IX-2942.
Over Competition Is Avoided Via Geographic Restrictions, IAS_IX-2943.
Substantial Revenues Derived, IAS_IX-2944.
Agency Authority Is Constrained By Statute, IAS_IX-2945.
Applicant Has Burden of Proof, IAS_IX-2946.
Applicant’s Burden of Proof —
Exemption Found to Be a “License” — Third Party Challenger Therefore Has the Burden of Proof, IAS_IX-2947.
Has Both the Initial & Ultimate Burdens of Proof, IAS_IX-2948.
Has Only the Initial Burden of Proof Due to a 2011 Statutory Amendment —
Intervenor Has the Ultimate Burden of Proof, IAS_IX-2949.
Intervenor Now Has the Ultimate Burden of Proof, IAS_IX-2950.
Preponderance of the Evidence, IAS_IX-2951.
Shift to Intervenor After Filing of Challenge, IAS_IX-2952.
Additional Evidence Can Be Presented At a De Novo DOAH Hearing, IAS_IX-2953.
Admissible Evidence Not Subject to Hearsay Objection, IAS_IX-2954.
Agency Action On Must Be Based On Applicable Environmental Rules & Statutes Only, IAS_IX-2955.
DEP Is Not Limited to the Matters Addressed In Its Notice of Intent, IAS_IX-2956.
DOAH Can Issue One Recommended Order When There Are Challenges to Multiple Related Permits, IAS_IX-2957.
Modification of Permit — Substantial Changes —
Changes Found Not Substantial, IAS_IX-2958.
Notice — Publication of — Failure to Identify the Authorizing Agency or the Action Taken, IAS_IX-2959.
Past Violations — Can Form Basis For Denial If Repeated, IAS_IX-2960.
Preliminary Agency Approval Is Now Presumed Correct Unless An Intervenor Proves Otherwise, IAS_IX-2961.
Rules In Effect At the Time of Apply, IAS_IX-2962.
Circuit Court Enforcement Action (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP), Enforcement Action) —
Agency Has the Burden of Proof By a Preponderance of the Evidence When Assessing Monetary Penalties, IAS_IX-2963.
Coastal Construction Control Line (CCCL) (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
Coastal Armoring Structure —
After-the-Fact Revetments — County, IAS_IX-2964.
Revetment — Defined, IAS_IX-2965.
Ownership Requirement Found Lacking, IAS_IX-2966.
Post Size Requirement Found Lacking, IAS_IX-2967.
Repair & Maintenance to an Existing Beach Due Walkover Structure — Third Party Challenge, IAS_IX-2968.
DOAH ALJ Has No Duty to Devise Conditions to Remake a Defective Application, IAS_IX-2969.
Landfill — Class I — Private, IAS_IX-2970.
Wastewater Collection Transition System In Lower Fla. Keys — Third Party Challenge to System Design, IAS_IX-2971.
Consumptive Use (See N.W. FLA. WATER MANAGEMENT Dist.; SOUTH FLORIDA WATER MANAGEMENT Dist.)
Cumulative Impact (See Also Public Interest Test, Reasonable Assurances, Secondary Impacts) —
Standard Governing This Analysis — Examined, IAS_IX-2972.
Environmental Resource (ERP) (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP); SOUTH FLORIDA WATER MANAGEMENT Dist.) —
Air Quality Impacts Are Not Considered, IAS_IX-2973.
Dock — Exemption (See Exemption)
Earthen Dams On Fisheating Creek Near Cowbone Marsh, IAS_IX-2974.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2975.
Applicant Has the Burden of Proof, IAS_IX-2976.
Applicant Has the Ultimate Burden of Proof, IAS_IX-2977.
Artificially Created Waterway Defined & Discussed, IAS_IX-2978.
Boat Lift On Dock — Residential, IAS_IX-2979.
Boat Ramp — Canal — Dock — Shoreline Repair — Residence, IAS_IX-2980.
Cannot Be Based On a Permit Issued By Another Agency, IAS_IX-2981.
DEP Cannot Impose Criteria Beyond Those Found In the Statute, IAS_IX-2982.
Dock — Proof of Ownership Is Not Required, IAS_IX-2983.
Dock — Residence — De Minimus Exemption Found to Be Inapplicable, IAS_IX-2984.
Dock — Residence — Modification, IAS_IX-2985.
DOck — Residence — Self-Certification — Third Party Challenge Dismissed, IAS_IX-2986.
Functionality Test Examined, IAS_IX-2987.
Gauged Against Standards Found In Applicable & Current Statutes & Rules, IAS_IX-2988.
Maintenance Dredging — Existing Canal — Discussed, IAS_IX-2989.
Reasonable Assurances Need Not Be Provided, IAS_IX-2990.
Repair of Existing Seawall/Installation of New Dock & Boat Lift, IAS_IX-2991.
Status As a License, Permit or Conceptual Approval Subject to 120.569(2) Examined, IAS_IX-2992.
Geophysical Seismic Testing In Gulf & Calhoun Counties, IAS_IX-2993.
Hearing Canceled On Basis of An Absence of Disputed Issue of Material Fact & Res Judicata, IAS_IX-2994.
Mitigation Bank (See Mitigation Bank)
Natural Gas Pipeline, IAS_IX-2995.
Phosphate Mine & Reclamation Activities —
Local Use Regulations, Air Impacts, Noise, Dirt, Order & Radioactivity Are Irrelevant, IAS_IX-2996.
Reclamation Defined & Discussed, IAS_IX-2997.
Reclamation Distinguished From Mining Operations, IAS_IX-2998.
Recreation Site — Permanently Moored Platforms & Water Toys, IAS_IX-2999.
Residences (3) — Docks — Access Road, IAS_IX-3000.
Residential Development, IAS_IX-3001.
Water Quality Protection Is Not Limited to Period of Time During Which Construction Takes Place, IAS_IX-3002.
Everglades Works of the District (See SOUTH FLORIDA WATER MANAGEMENT Dist.)
Applicant Has the Burden of Proof, IAS_IX-3003.
DEP Cannot Impose Criteria Beyond Those Found In the Statute, IAS_IX-3004.
Fines — Activities Without Requisite Permit —
Clear & Convincing Evidence Is Required, IAS_IX-3005.
General Permits —
Applicable to Projects Subject to Permit Exemptions, IAS_IX-3006.
Boat Ramp, IAS_IX-3007.
Is a License, Permit or Conceptual Approval Therefore Is Subject to 120.569(2), IAS_IX-3009.
Noticed — Discussed, IAS_IX-3010.
Self-Certification Found Functionally Equivalent, IAS_IX-3011.
Third Party Challenge Found Not Contemplated, IAS_IX-3012.
Mitigation Bank —
Defined & Discussed, IAS_IX-3013.
Interim Success Criteria Discussed, IAS_IX-3014.
Performance Driven Approach Examined, IAS_IX-3015.
Uniform Mitigation Assessment Methodology, IAS_IX-3016.
Mitigation Plans —
Monetary Donations Discussed, IAS_IX-3017.
Out-of-Basin Credits Accepted, IAS_IX-3018.
Two (2) Step Analysis, IAS_IX-3019.
Notice of Violation (See Also Revocation of Permit; ENVIRONMENTAL PROTECTION, Dept. of (DEP)) —
Penalty — Monetary — Agency Burden of Proof Is By a Preponderance of the Evidence, IAS_IX-3020.
Modification — Underground Injection Well — Brine Waste Stream — Chlorine Bleach Manufacturing Facility, IAS_IX-3021.
Public Interest Test (See Also Cumulative Impact, Reasonable Assurances, Secondary Impacts) —
Compliance With Applicable Rules Raises Presumption In Favor of —
Rebuttal of This Presumption Discussed, IAS_IX-3022.
Environmental Impact Only Are to Be Considered — If Associated, With Proposed Activities, IAS_IX-3023.
Impede Implies an Adverse Impact to, IAS_IX-3024.
Navigational Hazard Discussed & Found to Require More Than a Mere Impediment, IAS_IX-3025.
Net Public Benefit Found, IAS_IX-3026.
Outstanding Fla. Waters —
Absence of Any Negative Impact or Net Public Benefit Need Not Be Shows, IAS_IX-3027.
Must Be Clearly In the Public Interest, IAS_IX-3028.
Outstanding Fla. Waters, IAS_IX-3029.
Seven (7) Part Test, IAS_IX-3030.
Water Use Permits, IAS_IX-3031.
Reasonable Assurances (See Also Cumulative Impact, Public Interest Test, Secondary Impacts) —
Application & Support Materials Are Sufficient Alone to Establish, IAS_IX-3032.
Burden of Proof —
Establishment & Effect of the Prima Facie Case Regarding, IAS_IX-3033.
Preponderance of the Evidence, IAS_IX-3034.
DEP Has Ultimate Responsibility Regarding, IAS_IX-3035.
DEP Need Not Re-Engineer Nor Re-Design An Assailed Project, IAS_IX-3036.
Defined & Discussed, IAS_IX-3037.
Exemption — Need Not Be Provided, IAS_IX-3038.
Mere Speculation Over What Might Occur Is Irrelevant, IAS_IX-3039.
Mixed Question of Fact & Law, IAS_IX-3040.
Never Absolute, IAS_IX-3041.
Worse Case Scenario — Not Presumed, IAS_IX-3042.
Revocation of Permit —
403 Is a Remedial Statute That Is to Be Liberally Construed, IAS_IX-3043.
403.121(2)(d) Is An Enforcement Tool That Is Rarely Used (Revocation), IAS_IX-3044.
A Permit Holder Has No Liberty or Property Interest In a Permit, IAS_IX-3045.
Failure to Abide By Consent Order, IAS_IX-3046.
Mitigating Evidence Need Not Be Considered, IAS_IX-3047.
Standard of Proof — Preponderance of the Evidence, IAS_IX-3048.
Secondary Impacts (See Also Cumulative Impact, Public Interest Test, Reasonable Assurances) —
Defined & Discussed, IAS_IX-3049.
Septic Tank (See Also HEALTH, Dept. of, Permit, Onsite Sewage Disposal System) —
Variance — Applicant Has the Burden of Proof, IAS_IX-3050.
Variance — Intentionally-Created Hardship — Found, IAS_IX-3051.
Variance — Residential — Minimum Lot Size — Applies to Post-1972 Plats, IAS_IX-3052.
Variance — Residential — Minimum Lot Size — Denied, IAS_IX-3053.
Stormwater Point Source Discharge — Renewal — Municipal, IAS_IX-3054.
Third Party Intervenors (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP), Enforcement; PRACTICE & PROCEDURE, Intervenors) —
Burden of Proof —
Have the Ultimate Burden of Proof Due to 2011 Statutory Amendment, IAS_IX-3055.
On Third Party By a Preponderance of the Evidence, IAS_IX-3056.
Cannot Collaterally Attack a Settlement In a Court Case Administratively, IAS_IX-3057.
Two (2) Different Permits Noticed In One Publication, IAS_IX-3058.
403.412(5) — Applicability Has Been Limited to Licensing or Permitting, IAS_IX-3059.
403.412(5) — Does Not Authorize Initiation of 120.569 or 120.57 Proceedings, IAS_IX-3060.
403.412(5) — Failure to Plead As a Basis For Standing, IAS_IX-3061.
403.412(5) — Inapplicable to 161 Coastal Construction Control Line Permitting, IAS_IX-3062.
403.412(5) — Inapplicable to Enforcement Action Settlements, IAS_IX-3063.
Allegations In Petition Are Initially Accepted As True, IAS_IX-3064.
Association — Evidence — Nonmerits — Sufficiency to Prove Standing, IAS_IX-3065.
Association — Membership Lists Can Be Protected From Discovery, IAS_IX-3066.
Association — Proof Requires Business Records, Service Area Map or Other Admissible Non-Hearsay Evidence, IAS_IX-3067.
Association — Substantial Corporate Interest Theory Rejected, IAS_IX-3068.
Association — Substantial Numbers Test — One Member Is Not Enough Out of 200, IAS_IX-3069.
Association — Substantial Numbers Test, IAS_IX-3070.
Association — Three (3) Part Test, IAS_IX-3071.
Bifurcated Hearing Addresses Standing Preliminarily, IAS_IX-3073.
Burden of Proof — On Petitioner By a Preponderance of the Evidence, IAS_IX-3074.
Burden of Proof — On Petitioner, IAS_IX-3075.
Corporation Can Participate Pro Se In a 120 Proceeding Through a Representative, IAS_IX-3076.
DEP Contractor, IAS_IX-3077.
Death of One of Multiple Petitioners — Estate Can Be Substituted, IAS_IX-3078.
Enforcement Action (See Also ENVIRONMENTAL PROTECTION, Dept. of (DEP), Enforcement) — Third Parties Are Without Standing, IAS_IX-3079.
Environmental Not Property Interests Must Be Asserted, IAS_IX-3080.
Establishment & Effect of the Prima Facie Case, IAS_IX-3081.
Forward Looking Concept Unrelated to the Merits of a Case, IAS_IX-3082.
General Permits, IAS_IX-3083.
Generalized Environmental Interest Found Insufficient, IAS_IX-3084.
Injury — Cannot Be Speculative, IAS_IX-3085.
Injury — Must Be Real & Immediate-Not Hypothetical, IAS_IX-3086.
Injury In Fact — Found, IAS_IX-3087.
Injury In Fact — Proof of, IAS_IX-3088.
Merits of the Claims Are Not Determinative, IAS_IX-3089.
Municipality Cannot Establish Via Doctrine of Parens Patriae, IAS_IX-3090.
Substantial Interest Test — Defined, IAS_IX-3091.
Substantial Interest Test — Economic or Business Interests Do Not Satisfy, IAS_IX-3092.
Substantial Interest Test — Found Not Satisfied, IAS_IX-3093.
Substantial Interest Test — Found Satisfied, IAS_IX-3094.
Substantial Interest Test — Mother’s Interest In Ecology Found Insufficient, IAS_IX-3095.
Substantial Interest Test — Proof Regarding Examined, IAS_IX-3096.
Substantial Interest Test, IAS_IX-3097.
Two (2) Prong Test, IAS_IX-3098.
Violation of Applicable Law Is a Separate Question, IAS_IX-3099.
Wastewater Treatment Plant —
Capacity Analysis Report Found Not Required, IAS_IX-3100.
Design Capacity Defined & Discussed, IAS_IX-3101.
Direct vs. Indirect Discharges — Applicable Permit Requirements, IAS_IX-3102.
Interplay Between State & Federal Law Examined, IAS_IX-3103.
Permitted Capacity Defined & Discussed, IAS_IX-3104.
Private — Expansion — Fla. Keys, IAS_IX-3105.
Water Quality Standards —
Dilution of Constituents In the Subsurface Is Considered, IAS_IX-3106.
State’s Anti-Degradation Policy Is a Component of, IAS_IX-3107.
Verified List of Impaired Waters —
DEP Documentation of Reasonable Assurance That An Impairment Will Be Effectively Addressed By Control Measures, IAS_IX-3108.
Water Use (See N.W. FLORIDA WATER MANAGEMENT Dist.; SOUTH FLORIDA WATER MANAGEMENT Dist.)
Attorney’s Fees & Costs On Remand — Final Order On (See Also PRACTICE & PROCEDURE) — Attorney’s Fees Award Affirmed/ Costs Award Adjusted Upon APD Confession of Error, IAS_IX-3109.
Central Abuse Registry (See Also CHILDREN & FAMILIES, Dept. of (DCF) —
Exemption From Disqualification (See Also CHILDREN & FAMILIES, Dept. of (DCF)) —
435 Was Enacted to Protect the Public, IAS_IX-3110.
435.07 Is Strictly Construed Against the Person Seeking An Exemption, IAS_IX-3111.
APD Has Absolute Discretion to Deny, IAS_IX-3112.
APD Internal Review Process Found Not to Be Prejudicial, IAS_IX-3113.
Abuse of Discretion Defined & Discussed, IAS_IX-3114.
Abuse of Discretion Standard — DOAH Hearing Is De Novo, IAS_IX-3115.
Abuse of Discretion Standard Is Highly Deferential, IAS_IX-3116.
Abuse of Discretion Standard Is Now Applicable — DOAH Review Is No Longer De Novo, IAS_IX-3117.
Abuse of Discretion Standard of Review, IAS_IX-3118.
Applicant Has No Entitlement to, IAS_IX-3119.
Applicant Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-3120.
Consideration of Nondisqualifying Offenses Prior to Disqualifying Offenses Found Prohibited, IAS_IX-3121.
Criminal Charge — Aggravated Battery With a Deadly Weapon/Child Neglect/Domestic Violence, IAS_IX-3122.
Criminal Charge — Assault / Battery / Stalking / Disorderly Intoxication / Aggravated Battery with a Deadly Weapon / Forgery / Domestic Battery / Reckless Driving / Child Abuse / Possession of Cocaine & Paraphernalia, IAS_IX-3123.
Criminal Charge — Attempted Assault, IAS_IX-3124.
Criminal Charge — Documentation of Discussed, IAS_IX-3125.
Criminal Charge — Domestic Violence, IAS_IX-3126.
Criminal Charge — Possession of Cocaine & Battery–Juvenile Offense, IAS_IX-3127.
Criminal Charge — Traffic Infractions Not Considered, IAS_IX-3128.
Criminal Charges — Petit Theft/ Resisting Detainment By a Retail Merchant, IAS_IX-3129.
Criminal Conviction — Assault/ Child Endangerment, IAS_IX-3130.
Criminal Conviction — Driving With a Suspended or Revoked License, IAS_IX-3131.
Criminal Conviction — Fraud, IAS_IX-3132.
Criminal Conviction — Misdemeanor Battery/DUI, IAS_IX-3133.
Criminal Conviction — Possession of Marijuana / Bail Jumping / Failure to Appear, IAS_IX-3134.
Criminal Conviction — Possession of Stolen Property/ Criminal Mischief, IAS_IX-3135.
Criminal Plea — Aggravated Assault / Violation of Probation / Fleeing & Attempting to Elude / Worthless Checks / Retail Theft / Possession of Drug Paraphernalia / DUI, IAS_IX-3136.
Criminal Plea — Aggravated Battery With a Deadly Weapon/Criminal Mischief/Reckless Driving/ Traffic Violations, IAS_IX-3137.
Criminal Plea — Battery on An Emergency Medical Care Provider, IAS_IX-3138.
Criminal Plea — Burglary of a Structure, IAS_IX-3139.
Criminal Plea — Burglary/ Robbery/ Battery By a Detainee/ Possession of Cocaine With Intent to Sell/ Possession of Cocaine/ Disorderly Conduct/ Trespass, IAS_IX-3140.
Criminal Plea — Domestic Violence/ Possession of Cocaine/ Failure to Appear, IAS_IX-3141.
Criminal Plea — Domestic Violence, IAS_IX-3142.
Criminal Plea — Fraudulent Use of a Credit Card, IAS_IX-3143.
Criminal Plea — Grand Theft/ Trespassing In a Structure/ Possession of Drug Paraphernalia, IAS_IX-3144.
Criminal Plea — Grand Theft, IAS_IX-3145.
Criminal Plea — Possession of Cocaine, IAS_IX-3146.
Criminal Plea — Possession of Marijuana, IAS_IX-3147.
Criminal Plea — Prostitution/ Petit Theft, IAS_IX-3148.
Criminal Plea — Solicitation of Prostitution, IAS_IX-3149.
Criminal Plea — Travelling to Meet a Minor For an Unlawful Sexual Act, IAS_IX-3150.
DCF Grant of an Exemption Is Probative But Not Dispositive, IAS_IX-3151.
Denial of Application Does Not Preclude Reapplication Based On Additional Evidence, IAS_IX-3152.
Disqualifying Offense — Additional Criminal Acts Can Be Considered Even If Not Disqualifying, IAS_IX-3154.
Disqualifying Offense — Status As a Juvenile Is Not a Defense, IAS_IX-3155.
Domestic Violence — Physical Injury Is Required, IAS_IX-3156.
Eligibility Distinguished From Entitlement To, IAS_IX-3157.
Exemption Strictly Construed Against Person Claiming Entitlement to, IAS_IX-3158.
Out-of-State Disqualifying Criminal Offense Must Be Shown to Be Equivalent to Analogous Florida Statute, IAS_IX-3160.
Positive Drug Screen (Cocaine), IAS_IX-3161.
Rehabilitation — Lack of Remorse, IAS_IX-3162.
Rehabilitation — Proof of — Eighteen (18) Years Lapsed Since Offense, IAS_IX-3163.
Rehabilitation — Proof of — Found Lacking, IAS_IX-3164.
Rehabilitation — Proof of — Fourteen (14) Years Lapsed Since Offense, IAS_IX-3165.
Rehabilitation — Proof of — Twelve (12) Years Lapsed Since Offense, IAS_IX-3166.
Rehabilitation — Proof of — Twenty Eight (28) Years Since Offense, IAS_IX-3167.
Rehabilitation — Proof of — Volunteer Work, IAS_IX-3168.
Rehabilitation — Proof of, IAS_IX-3169.
Community-Based Waiver Program (See Also MEDICAID) —
2007 Statutory Mandate For a Comprehensive Redesign of This Program Examined, IAS_IX-3170.
2010 Statutory Mandate For a Shift to the IBudget System Examined (See Also IBudget System), IAS_IX-3171.
APA Goals For This Program Examined, IAS_IX-3172.
APD Denial of Application For Benefits Reversed, IAS_IX-3173.
Agency Denial of Benefits Due to Absence of a Developmental Disability Affirmed, IAS_IX-3174.
Applicant Has the Burden of Proof Regarding Eligibility By a Preponderance of the Evidence, IAS_IX-3175.
Must Be Severe In Order to Be Eligible For Services, IAS_IX-3176.
IBudget System —
Actual Future Needs Can Always Diverge From Expected Future Needs Due to Unexpected Events, IAS_IX-3177.
Allocation Algorithm Examined, IAS_IX-3178.
Intended to Provide Clients With Greater Flexibility, IAS_IX-3179.
Medical Necessity Is Required, IAS_IX-3180.
Procedures Governing Establishment of Examined, IAS_IX-3181.
Purpose Is to Provide Greater Flexibility For Clients & Families to Choose Services Within the Established Budget Limit, IAS_IX-3182.
Questionnaire For Situational Information (QSI) Is the First Step, IAS_IX-3183.
Transportation As a Significant Additional Need Examined, IAS_IX-3184.
Ineligibility Found — Agency Duty to Ascertain Availability of Other Necessary Services That May Be Available, IAS_IX-3185.
Intellectual Disability —
Definition of Examined, IAS_IX-3186.
IQ Test Need Not Be Administered When An Applicant Is Eighteen (18) Years of Age or Younger, IAS_IX-3187.
Medicaid Is the Primary Funding Source, IAS_IX-3188.
Medicaid Waiver Program Discussed, IAS_IX-3189.
Developmental Services —
Agency Denial of Benefits On Basis of Applicant’s Failure to Appear At Hearing After an Apparent Settlement —
Reversed With Directions — Show Cause Issued Against Agency For a Frivolous Defense to the Appeal, IAS_IX-3190.
Agency Denies Placement On Crisis Tier I Waiting List —
Consideration As a Danger to Himself or Others — Denial of In An Amended Final Order Without Requisite Justification Reversed, IAS_IX-3191.
Agency Placement On Tier III Reversed With Directions —
Correlation Found Between Companion & Respite Services & Exceptional Behavioral Needs, IAS_IX-3192.
Agency Placement On Tier III —
Agency Found to Have Ignored Services In Agency-Approved Cost Plan — Reversed, IAS_IX-3193.
Agency Tier Placement Decisions —
Client Does Not Have the Burden of Proof When An Agency Attempts to Reduce Services In An Approved Cost Plan, IAS_IX-3194.
Four (4) Tiered Structure Examined, IAS_IX-3195.
Services Authorized In An Approved Cost Plan Are Key Indicators of a Tier Assignment, IAS_IX-3196.
Intensive Behavioral Residential Habilitation (IBRH) Treatment — Requisite Recipient Characteristics, IAS_IX-3197.
Medically Necessary Defined, IAS_IX-3198.
Included Vis. Excluded Employees, IAS_IX-3199.
Compensatory Leave Credits As Compensation For, IAS_IX-3200.
Recoupment of Overpayment —
Erroneous Overutilization of Administrative Leave, IAS_IX-3201.
Recoupment of Overpayment, IAS_IX-3202.
Involuntary Commitment —
Developmentally Disabled Individuals —
APD Is Not Statutorily-Required to Petition a Circuit Court For a Person’s Release From Admission Due to Changed Circumstances, IAS_IX-3203.
Procedural Due Process Challenge to Fla. Statutory Framework Governing, IAS_IX-3204.
Requirement For Periodic Review of An Involuntary Commitment, IAS_IX-3205.
Support Plan Review Does Not Require Consideration of Continued Propriety of An Involuntary Admission, IAS_IX-3206.
Supreme Court Addresses Certified Questions From Federal Court of Appeals, IAS_IX-3207.
Group Home —
Failure to Present Resident Financial Records For Review, IAS_IX-3208.
Failure to Prevent Injury of Client, IAS_IX-3209.
Failure to Properly Monitor Staff, IAS_IX-3210.
Failure to Provide Requisite Dental & Medical Care, IAS_IX-3211.
Inadequate & Unsanitary Facility, IAS_IX-3212.
Medication Administration Certification Credentials Lacking, IAS_IX-3213.
Renewal — Controlled Substances — Failure to Have Prescription On File — Mislabelling, IAS_IX-3214.
Renewal — Failure to Allow Agency Access to the Facility to Conduct an Investigation, IAS_IX-3215.
Renewal — Failure to Have a Facility Manager On Site & On Call At All Times, IAS_IX-3216.
Renewal — Failure to Maintain Adequate Personnel Records, IAS_IX-3217.
Renewal — Failure to Properly Account For Resident Finances, IAS_IX-3218.
Renewal — Failure to Properly Control Temperature Inside the Facility, IAS_IX-3219.
Renewal — Failure to Safeguard Residents From Hazardous Materials, IAS_IX-3220.
Renewal — Inadequate Supervision, IAS_IX-3221.
Renewal — Medical Neglect of a Client, IAS_IX-3222.
Renewal — Physical Abuse of Resident, IAS_IX-3223.
Small Group Home —
Agency Revocation For Inadequate Supervision (Employee Sexual Abuse) Reversed, IAS_IX-3224.
Foster Care Facility —
Abuse Reports — Verified — Neglect, IAS_IX-3225.
False or Incomplete Statements On Licensure Application, IAS_IX-3226.
Group Home —
DCF Abuse Report Per Se Constitutes Grounds For Denial, IAS_IX-3227.
DCF Finding of Abuse, Neglect or Abandonment — Child In Home Suffered Numerous Bites, IAS_IX-3228.
Rule Variance or Waiver —
Group Home — Height of Fence — Granted, IAS_IX-3229.
Requirement That Direct Service Providers Have At Least a High School Diploma — Granted, IAS_IX-3230.
Supported Living Provider —
Prohibition On Provider or Immediate Family Serving As Landlord or Having Any Ownership Interest In the Building, IAS_IX-3231.
Status As a Landlord or Owner of the Housing Unit — Granted, IAS_IX-3232.
Bd. Revocation Reversed After Confession of Error By Virtue of Failure to Notice the Meeting At Which Final Agency Action Was Taken, IAS_IX-3233.
Cashier — Unlicensed —
Can Ring Up & Deliver But Cannot “Recieve” the Prescription, IAS_IX-3234.
Declaratory Statement (See DECLARATORY STATEMENTS)
Criminal Plea — Conspiracy to Traffic In Controlled Substances, IAS_IX-3235.
Failure to Timely Report Criminal Plea to the Board, IAS_IX-3236.
Sufficiency of Providing a Patient With an “Electronic” Copy of the Prescription, IAS_IX-3237.
License — Institutional —
Parameters of Discussed, IAS_IX-3238.
Declaratory Statement (See DECLARATORY STATEMENTS)
Declaratory Statement (See DECLARATORY STATEMENTS).
Applies to All Agency Action Absent a Contrary Statutory Provision, IAS_IX-3239.
Administrative Comm. — Uniform Rules of Procedure —
Govern Each Agency Absent an Exception, IAS_IX-3240.
Agency Is Not Bound By But Can Be Guided By Parallel Civil Court Settlement, IAS_IX-3241.
Bifurcated Hearing Addresses Standing Preliminarily, IAS_IX-3242.
Cannot Enlarge, Reduce or Modify Its Jurisdiction, IAS_IX-3243.
Creature of Statute — No Inherent Powers, IAS_IX-3244.
Not Every Action Is Subject to the APA, IAS_IX-3245.
Private Entity That Contractually Agrees to Provide Services For a Local Government, IAS_IX-3246.
State University Constitutes When Acting Pursuant to Statutory Authority, IAS_IX-3247.
State University Does Not Constitute When Acting Pursuant to Constitutional Authority, IAS_IX-3248.
Agency Action —
Defined & Discussed, IAS_IX-3249.
Found Lacking, IAS_IX-3250.
Negotiated Rulemaking Process — Utilization of Does Not Constitute, IAS_IX-3251.
Preliminary Agency Investigation Distinguished From, IAS_IX-3252.
Attorney’s Fees & Costs (See Also Discovery; ADMINISTRATION Comm., Comprehensive Plan, Local; ADMINISTRATIVE HEARINGS, Div. of, Birth-Related Neurological Injury Compensation Plan, Discovery, Emergency Procedures, Exceptional Education Student; COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan; Discovery; HEALTH, Dept. of; MEDICINE, Bd. of; PERSONS WITH DISABILITIES, Agency For (APD); TAKING (CONDEMNATION) (INVERSE CONDEMNATION), Inverse Condemnation Claims) —
1999 Statutory Amendments Greatly Expanded the Statute’s Potential Use, IAS_IX-3253.
Applicable to Any Claim or Defense — Entire Action Need Not Be Frivolous, IAS_IX-3254.
Awarded Against an Agency (AHCA – Recoupment of Medicaid Overpayment), IAS_IX-3255.
Burden of Proof — On Petitioner By a Preponderance of the Evidence, IAS_IX-3257.
Claim For Is to Be Considered By DOAH ALJ, IAS_IX-3258.
Claim Supported By Material Facts Defined & Discussed, IAS_IX-3259.
Costs Are Not Recoverable, IAS_IX-3260.
DOAH ALJ Issues a Final Order That Is Subject to Appellate Review, IAS_IX-3261.
DOAH Award In Favor of School Bd. In Exceptional Education Case Reversed For Lack of Jurisdiction, IAS_IX-3262.
DOAH Recommendation Regarding Rejected As Premature, IAS_IX-3263.
Failure to Comply With Safe Harbor Provision Precludes Recovery, IAS_IX-3265.
Fee For Litigating the Amount of Fees May Be Recovered, IAS_IX-3266.
Frivolousness Is to Be Determined As of When the Claim Was Originally Filed, IAS_IX-3267.
Frivolousness Need Not Be Shown, IAS_IX-3268.
Lack of a Basis In Law or Fact At the Time of Filing Must Be Shown, IAS_IX-3269.
Lack of a Basis In Material Facts or Existing Law At Time of Filing Examined, IAS_IX-3270.
Lodestar Multiplier — Use of Is Improper If an Award Is a Sanction, IAS_IX-3271.
Mistaken Statement of Law In an Unsettled Area Does Not Give Rise to, IAS_IX-3272.
Motion For Found to Be Premature, IAS_IX-3273.
Notice of Intent to File Motion For Not Satisfied By a Letter After Conclusion of the Underlying Administrative Proceeding, IAS_IX-3274.
Prejudgment Interest Should Be Awarded, IAS_IX-3275.
Prevailing Party Only Can Recover, IAS_IX-3276.
Procedural Prerequisites — Motion For Must Be Served on Opposing Party At Least Twenty-One (21) Days Before Filing the Motion, IAS_IX-3277.
Purpose of Examined, IAS_IX-3278.
Safe Harbor Provision Requires Filing of Motion For Preliminarily So As to Afford an Opportunity to Cure Defects, IAS_IX-3279.
Standards Governing Awards Are Applied On a Case-By-Case Basis, IAS_IX-3280.
Standards Governing Awards Examined, IAS_IX-3281.
Supported By the Material Facts Defined & Discussed, IAS_IX-3282.
When or How the Motion For Must Be Made Is Unclear, IAS_IX-3283.
Available to Presiding Officer Even If Not a DOAH ALJ, IAS_IX-3284.
Awarded — In Favor of Agency, IAS_IX-3285.
DOAH – Not the Referring Agency – Has Exclusive Jurisdiction to Award, IAS_IX-3287.
DOAH Enters a Separate Final Order, IAS_IX-3288.
Frivolous Claim Defined, IAS_IX-3290.
Frivolous Purpose — Found Lacking, IAS_IX-3291.
Improper Purpose — Defined & Discussed, IAS_IX-3292.
Improper Purpose — Fact Question, IAS_IX-3293.
Improper Purpose — Found Lacking, IAS_IX-3294.
Improper Purpose — Objective Standard Is Utilized In Determining, IAS_IX-3295.
Intervenor Can Recover, IAS_IX-3296.
Not a Prevailing Party Statute, IAS_IX-3297.
A Prevailing Party Statute, IAS_IX-3298.
Appellate Mandate Regarding, IAS_IX-3299.
Burden of Proof — Petitioner — Preponderance of the Evidence, IAS_IX-3301.
Claim For Is Limited to the Amount of Fees Incurred Up to the Date of Notice of Pertinent Rulemaking, IAS_IX-3302.
DOAH Award of — Affirmed, IAS_IX-3303.
DOAH Denial of — Affirmed, IAS_IX-3304.
DOAH Has Exclusive Jurisdiction to Award — Agency Hearing Officer Cannot Award, IAS_IX-3305.
DOAH Lacks Jurisdiction to Award If Motion Is Filed After DOAH Closes the File & Relinquishes Jurisdiction, IAS_IX-3306.
Does Not Affect Availability of Attorney’s Fees Under Other Statutes, IAS_IX-3307.
Employee — Public — Extraordinary Dismissal Rescinded — Agency Found Not to Be a “Nonprevailing Adverse Party”, IAS_IX-3309.
Failure to State a Cause of Action Alone Is Insufficient, IAS_IX-3310.
Financial Services — Div. of Funeral Services — Disciplinary Case, IAS_IX-3311.
Frivolous Action Defined & Discussed, IAS_IX-3312.
Frivolous Purpose — Definition Found Problematic, IAS_IX-3313.
Gross Abuse of Agency Discretion Defined & Discussed, IAS_IX-3314.
Gross Abuse of Agency Discretion Is Extremely Difficult to Establish, IAS_IX-3315.
Gross Abuse of Agency Discretion Not Found, IAS_IX-3316.
Human Relations, IAS_IX-3317.
Improper Purpose — Defined & Discussed, IAS_IX-3318.
Improper Purpose — Found Lacking, IAS_IX-3319.
Inapplicable When An Agency Acts Pursuant to Constitutional Authority, IAS_IX-3320.
Legislative Intent & History Examined, IAS_IX-3321.
Motion For Found to Be Premature, IAS_IX-3322.
Multiple Petitioners Bringing Identical Challenges Treated As One Case For Purposes of $50,000 Cap On Award, IAS_IX-3323.
Nonprevailing Adverse Party Defined & Discussed, IAS_IX-3324.
Nonprevailing Party — Defined & Discussed, IAS_IX-3325.
Not Restricted to Fees Incurred Prior to Notice of Publication, IAS_IX-3326.
Public Employees Relations Comm. (PERC), IAS_IX-3327.
Reasonable Basis In Law & Fact — Defined & Discussed, IAS_IX-3328.
Reasonable Basis In Law & Fact — Lone Expert’s Opinion Can Suffice, IAS_IX-3329.
Special Circumstances Found Lacking, IAS_IX-3330.
Split Decisions Defined & Discussed, IAS_IX-3331.
Substantially Justified Agency Action — Agency Has the Burden of Proof Regarding, IAS_IX-3332.
Substantially Justified Agency Action — Defined & Discussed, IAS_IX-3333.
Substantially Justified Agency Action — Determined As of the Time an Action Was Initiated, IAS_IX-3334.
Substantially Justified Agency Action — Found Lacking, IAS_IX-3335.
284.30 Notice to State of Fla. Dept. of Financial Services Not Required For APA Attorney’s Fees Motion —
120 Motions Are Not “Pleadings”, IAS_IX-3336.
120 Proceedings Are Not a “Suit In Any Court”, IAS_IX-3337.
766.31(1)(c) (See Birth-Related Neurological Injury Compensation Plan, Attorney’s Fees & Costs)
Appellate Fees —
Belated Voluntary Dismissal Found Inadequate to Preclude Award of, IAS_IX-3338.
Must Be Requested In a Separate Motion, IAS_IX-3339.
Available Only If Authorized By Statute or Agreement of Parties, IAS_IX-3340.
Award of Is In Abrogation of Common Law — Statute Regarding Is Strictly Construed, IAS_IX-3341.
Costs (See Also HEALTH, Dept. of) —
Adjusted Downward After Objection From Respondent, IAS_IX-3342.
Adjusted Upon APD Confession of Error, IAS_IX-3343.
Agency Has Substantive Jurisdiction Over Statute Allowing Recovery of Its Costs, IAS_IX-3344.
Bifurcated Hearing Regarding Granted, IAS_IX-3345.
Broad Discretion Regarding Tempered By Supreme Court Admonition to Hold Down, IAS_IX-3346.
Burden of Proof — Preponderance of the Evidence, IAS_IX-3347.
Cannot Be Summarily Imposed In Lieu of a Fine, IAS_IX-3348.
DOAH Cannot Award, IAS_IX-3349.
Determination of Amount Referred to DOAH, IAS_IX-3350.
Expert Testimony In Support of Found Not Required, IAS_IX-3351.
Expert Witness Fees — Allowable Fees Examined, IAS_IX-3352.
Medicaid — AHCA Investigative, Legal & Expert Witness Costs, IAS_IX-3353.
Medicaid — Installment Payment Plan Is Available In Case of Extreme Hardship, IAS_IX-3354.
Must Be Reasonable In Relation to Seriousness of the Violation & Means of the Violation, IAS_IX-3355.
Necessary & Reasonable Defined & Discussed, IAS_IX-3356.
Nonappearance At Deposition — Denied, IAS_IX-3357.
Prevailing Party Discussed, IAS_IX-3358.
Pro Rata Award When Petitioner Prevails On One of Three (3) Counts of Disciplinary Complaint, IAS_IX-3359.
Uniform Guidelines Examined, IAS_IX-3361.
Uniform Guidelines On the Taxation of Costs Examined & Found Inapplicable to Administrative Actions, IAS_IX-3362.
Written Objections to, IAS_IX-3363.
DOAH Recommended Order Contains No Reservation of Jurisdiction Regarding, IAS_IX-3364.
Discovery — Motion to Compel — Granted, IAS_IX-3365.
Equal Access to Justice Act (57.111) —
AHCA — Assisted Living Facility, IAS_IX-3366.
Award Is Mandatory Absent Substantial Justification or Special Circumstances, IAS_IX-3367.
Burden of Proof — Petitioner — Preponderance of the Evidence, IAS_IX-3368.
Burden of Proof — Petitioner, IAS_IX-3369.
Caselaw Under Analogous Federal Provision — Fla. Act Is Similar But Not Identical, IAS_IX-3370.
Children & Families — Child Care Facility — Discipline, IAS_IX-3371.
DBPR — Div. of Alcoholic Beverages — License Transfer Fee Dispute, IAS_IX-3372.
DBPR — State Boxing Comm., IAS_IX-3373.
DOAH Denial of Reversed — Financial Services — Sale of Viatical Settlement Purchase Agreements, IAS_IX-3374.
Establishment & Effect of Prima Facie Case, IAS_IX-3375.
Human Relations — Housing Discrimination, IAS_IX-3376.
Initiated By a State Agency Defined & Discussed, IAS_IX-3377.
Persons With Disabilities (APD) — Denial of Group Home Licensure, IAS_IX-3378.
Private Nonprofit Entity (FEMC) As Prosecutor — Implications of Examined, IAS_IX-3379.
Probable Cause Panel — Requisite Proof, IAS_IX-3380.
Purpose of Examined, IAS_IX-3381.
Settlement of Case — Effect of, IAS_IX-3382.
Small Business Party — Defined & Discussed, IAS_IX-3383.
Small Business Party — Limited Liability Co. Found to Constitute, IAS_IX-3384.
Special Circumstances — Defense Discussed, IAS_IX-3385.
Special Circumstances — Found Lacking, IAS_IX-3386.
Special Circumstances — Found, IAS_IX-3387.
Substantially Justified Agency Action — Agency Has the Burden of Proof Regarding, IAS_IX-3388.
Substantially Justified Agency Action — Agency Reliance On Caselaw Does Not Automatically Provide, IAS_IX-3389.
Substantially Justified Agency Action — Defined & Discussed, IAS_IX-3390.
Substantially Justified Agency Action — Discussed, IAS_IX-3391.
Substantially Justified Agency Action — Evidence Discovered After Initiation of Proceeding Cannot Be Discovered, IAS_IX-3392.
Substantially Justified Agency Action — Found Lacking, IAS_IX-3393.
Substantially Justified Agency Action — Found, IAS_IX-3394.
Substantially Justified Agency Action — New Evidence Cannot Be Considered At Fees Hearing, IAS_IX-3395.
Substantially Justified Agency Action — Test For Examined, IAS_IX-3396.
Substantially Justified Agency Action Is Measured As of Time Action Is Initiated, IAS_IX-3397.
Workers’ Compensation, IAS_IX-3398.
Methodology For Determining —
Accurate Detailed Records of Work Performed Must Be Maintained, IAS_IX-3399.
Across-The-Board Reduction In Hours Found Appropriate, IAS_IX-3400.
Agency Attorney Who Did Not Submit Invoices or Keep Records of Time Expended, IAS_IX-3401.
Appellate — Remand to DOAH For Final Order Limited to Assessment of the Amount, IAS_IX-3402.
Award Is Ancillary to the Main Adjudication — Prevailing Party Must First Be Ascertained, IAS_IX-3403.
Bid Protest — Both An Agency & Intervenor Can Recover, IAS_IX-3404.
Bifurcation of This Issue & Reservation of Jurisdiction Regarding Found Appropriate, IAS_IX-3405.
Burdens of Proof of Respective Parties Examined, IAS_IX-3406.
Commencement of Claim Examined, IAS_IX-3407.
DOAH Can Address All Theories of Recovery Regardless of Whether Its Authority Is Recommended or Final, IAS_IX-3408.
Effective & Competitive Representation – Not Perfect Representation – Is Compensable, IAS_IX-3409.
Factors Which May Be Considered — Examined, IAS_IX-3410.
Federal Lodestar Multiplier Discussed, IAS_IX-3411.
Fees For Litigating Entitlement Are Recoverable — Fees For Litigating Amount of Fees Are Not Recoverable, IAS_IX-3412.
Fees For Litigating Entitlement But Not Amount, IAS_IX-3413.
Fees For Litigating the Amount of Fees May Be Recovered If the Award Is a Sanction, IAS_IX-3414.
Fees For Litigating the Amount of Fees To Be Recovered Are Not Awarded, IAS_IX-3415.
Fla. Supreme Court Guidelines Examined, IAS_IX-3416.
Lodestar Method — Eight (8) Part Standard Examined, IAS_IX-3417.
Loadstar Multiplier — Discussed But Not Utilized, IAS_IX-3418.
Lodestar Multiplier — Use of Is Improper If an Award Is a Sanction, IAS_IX-3419.
New Evidence First Introduced At a Fees Hearing Cannot Be Considered, IAS_IX-3420.
Petitioner Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-3421.
Reasonable Hourly Rate — Determination of Examined, IAS_IX-3422.
Remand to DOAH From Appellate Court Without Specification of the Statutory Bases For An Award, IAS_IX-3423.
Statutes Providing For Are Strictly Construed As In Derogation of Common Law, IAS_IX-3424.
Undecided Substantive Legal Issues Arising From the Merits Case Should Not Be Addressed In Attorney’s Fees Proceeding, IAS_IX-3425.
Authorized Representative — Non Fla. Attorney —
Attorney Disbarred In Another State Cannot Be Authorized, IAS_IX-3426.
Corporate Representative — Requisite Authorization Examined, IAS_IX-3427.
Must Be Accepted By Agency Prior to Hearing, IAS_IX-3428.
Burden of Proof (See Also Evidence, Penal Nature of Revocation Proceeding; RULES & RULEMAKING) —
Affirmative Defense —
Preponderance of the Evidence, IAS_IX-3429.
Award In Favor of An Agency — Private Sector Rates Utilized For Agency Attorney, IAS_IX-3430.
Hearing Officer Discretion Over Found Preferable to Statutory or Judicial Specifications, IAS_IX-3431.
On Party Asserting the Affirmative of An Issue, IAS_IX-3432.
Standard of Review Compared to, IAS_IX-3433.
Standard of Review Distinguished From, IAS_IX-3434.
Class Action —
Exhaustion of Administrative Remedies As a Prerequisite to the Filing of a Suit — Tax Refund, IAS_IX-3435.
Four (4) Part Test For, IAS_IX-3436.
Numerosity Test — Forty (40) Members, IAS_IX-3437.
Plaintiff Has the Burden of Proof Regarding, IAS_IX-3438.
Rigorous Analysis of Fla. R. Civ. P. 1.220(a) & (b) Is Required, IAS_IX-3439.
Settlements Must Be Approved By the Court After a Class Is Certified —
Class Representatives & Fiduciaries Discussed — Incentive Award Approved, IAS_IX-3440.
Formal Discovery Found Not to Be Required, IAS_IX-3441.
Notice & Hearing Is Required, IAS_IX-3442.
Numerosity of Objectors Is Considered But Is Not Controlling, IAS_IX-3443.
Six (6) Factor Test Governing Analysis of Settlements, IAS_IX-3444.
Collateral Estoppel (See Also Equitable Estoppel, Estoppel, Estoppel By Judgment, Res Judicata) —
Applies Only In Rare Instances Under Exceptional Circumstances, IAS_IX-3446.
Applies to Administrative Proceedings With Great Caution, IAS_IX-3447.
Bar Imposed Is Applicable to All Persons In Privity With the Petitioner, IAS_IX-3448.
Clear Cut Adjudication On the Merits Is Required, IAS_IX-3449.
Defined & Discussed, IAS_IX-3450.
Five (5) Part Test For, IAS_IX-3451.
Found Applicable, IAS_IX-3452.
Found Inapplicable, IAS_IX-3453.
Identical Causes of Action Are Required, IAS_IX-3454.
Identical Causes of Action Must Be Actually Litigated, IAS_IX-3455.
Identity of the Parties Is Required, IAS_IX-3456.
Inapplicable If There Are Changed Circumstances, IAS_IX-3457.
Three (3) Part Test For, IAS_IX-3458.
Constitutional Issues (See Also CONSTITUTION (Fla.) (U.S.)) —
Agencies Cannot Adjudicate, IAS_IX-3459.
DOAH (See Also Attorney’s Fees & Costs, Evidence, Expert Testimony, Harmless Error, Official Recognition, Penal Nature of Revocation Proceeding; ADMINISTRATIVE HEARING (DOAH); RULES & RULEMAKING) —
Hearing Officer —
An ALJ Who Did Not Conduct the Hearing Can Issue the Recommended Order, IAS_IX-3460.
Cannot Consider Matters Outside of the Record, IAS_IX-3461.
Continuance — Denial of — Reversed, IAS_IX-3462.
Continuance — Denial of — Three (3) Part Test For Propriety of, IAS_IX-3463.
Continuance — Grant or Denial of Within the Sound of Discretion of DOAH — Not a Substantive Agency Issue, IAS_IX-3464.
Costs — DOAH Cannot Award (See Also Attorney’s Fees & Costs, Costs), IAS_IX-3465.
Dispositive Rulings Are Required to Be In Writing, IAS_IX-3466.
Helped By Provision of Legal Authorities Not Available Through Research Tools Available at DOAH, IAS_IX-3467.
Oral Rulings Are Preliminary & Can Be Changed When Reduced to Writing, IAS_IX-3468.
Statements By DOAH ALJ Do Not Constitute Evidence, IAS_IX-3469.
Summary Hearing, IAS_IX-3470.
Agency Motion to Relinquish Jurisdiction Back Is Not Limited to the Four (4) Corners of the Petition For Hearing, IAS_IX-3471.
Can Be Considered At Any Time, IAS_IX-3472.
Cannot Do Anything a Court Cannot Do, IAS_IX-3473.
Cannot Reach Constitutional Questions — Ruling On Federal Medicaid Preemption Vis. Ruling On Preemption Caselaw, IAS_IX-3474.
Cannot Reach Constitutional Questions, IAS_IX-3475.
Cannot Reach Issue Regarding Trade Secrets, IAS_IX-3476.
Cannot Review Proprietary Action of the Internal Improvement Trust Fund, IAS_IX-3477.
DOAH Is Not a Court, IAS_IX-3478.
Party Cannot Divest DOAH or Referring Agency of Jurisdiction After Issuance of Recommended Order, IAS_IX-3479.
Summary Final Order Authority, IAS_IX-3480.
Recommended Order —
A Party Cannot Unilaterally Divest a Referring Agency of Jurisdiction After Issuance of, IAS_IX-3481.
Agency Review Is Analogous to An Appellate Proceeding, IAS_IX-3482.
Cannot Be Expunged From DOAH Website, IAS_IX-3483.
Cannot Be Used to Assail Title to a Section of the Recommended Order, IAS_IX-3484.
Conclusions of Law — Abuse of Discretion Standard of Review, IAS_IX-3485.
Conclusions of Law — Agency Can Reject Even If No Exception Is Filed, IAS_IX-3486.
Conclusions of Law — Agency Must Reject an Erroneous Conclusion of Law, IAS_IX-3487.
Conclusions of Law — Agency Rejection of — Affirmed, IAS_IX-3488.
Conclusions of Law — Agency Rejection of — Reversed, IAS_IX-3489.
Conclusions of Law — Agency Rejects, IAS_IX-3490.
Conclusions of Law — Agency Restricted In Rejecting, IAS_IX-3491.
Conclusions of Law — Appellate Review (See APPELLATE REVIEW)
Conclusions of Law — Attorney’s Fees Provision, IAS_IX-3492.
Conclusions of Law — Burden of Proof, IAS_IX-3493.
Conclusions of Law — DOAH Labeling As Fact Findings Is Immaterial, IAS_IX-3494.
Conclusions of Law — DOAH Procedural Rulings, IAS_IX-3495.
Conclusions of Law — Evidentiary Issue Outside Agency’s Substantive Jurisdiction, IAS_IX-3496.
Conclusions of Law — Limited to the Facts At Bar For Precedential Purposes, IAS_IX-3497.
Conclusions of Law — Procedural Rulings, IAS_IX-3498.
Conclusions of Law — Public Records Law, IAS_IX-3499.
Conclusions of Law — Question Involving Admissibility of Evidence, IAS_IX-3500.
Conclusions of Law — Question Involving Collateral Estoppel, IAS_IX-3501.
Conclusions of Law — Question Involving Credibility of a Witness, IAS_IX-3502.
Conclusions of Law — Question Involving Equitable Estoppel, IAS_IX-3503.
Conclusions of Law — Question Involving Equitable Tolling, IAS_IX-3504.
Conclusions of Law — Question Involving Res Judicata, IAS_IX-3505.
Conclusions of Law — Question Involving Whether Factual Findings Constitute a Violation of Law, IAS_IX-3506.
Conclusions of Law — Question Involving the Standard of Review, IAS_IX-3507.
Conclusions of Law — Unpromulgated Rule Determination, IAS_IX-3508.
Consideration of Though Untimely Filed Found Not Prejudicial, IAS_IX-3509.
Exceptions — A Party Must Alert the Reviewing Agency to Any Perceived Defects In the Hearing Process By the Proper Filing of, IAS_IX-3510.
Exceptions — Alleged Irregularities In DOAH Proceeding Cannot Be Raised In Exceptions For the First Time, IAS_IX-3511.
Exceptions — Cannot Be Purely Argumentative, IAS_IX-3512.
Exceptions — Cannot Be Used to Raise New Issues, IAS_IX-3513.
Exceptions — Cross Referencing, IAS_IX-3514.
Exceptions — Do Not Constitute Evidence, IAS_IX-3515.
Exceptions — Fact Findings — Must Be Accompanied By Official Typed Transcript — No Entitlement to “Free Copy”, IAS_IX-3516.
Exceptions — Fact Findings — Must Be Accompanied By Official Typed Transcript, IAS_IX-3517.
Exceptions — Fact Findings — Must Cite With Particularity to Specific Portions of a Transcript, IAS_IX-3518.
Exceptions — Failure to File Waives Objection, IAS_IX-3519.
Exceptions — Failure to Identify the Legal Basis, IAS_IX-3520.
Exceptions — Filing With DOAH Instead of Agency — Not Considered, IAS_IX-3521.
Exceptions — Footnote — Not Proper, IAS_IX-3522.
Exceptions — Letter Not Titled As Such Treated As, IAS_IX-3523.
Exceptions — Must Contain Citations to Specific Findings of Fact or Conclusions of Law, IAS_IX-3524.
Exceptions — Preliminary Statement — Denied, IAS_IX-3525.
Exceptions — Preliminary Statement, IAS_IX-3526.
Exceptions — Statement of Issues, IAS_IX-3527.
Exceptions — Time Limit For Filing — Filing At DOAH Instead of Agency, IAS_IX-3528.
Exceptions — Untimely — Considered Nonetheless, IAS_IX-3529.
Exceptions — Untimely — Need Not Be Considered, IAS_IX-3530.
Exceptions — Untimely Filing With DOAH ALJ & Agency Executive Director Instead of Agency Clerk Excused, IAS_IX-3531.
Fact Findings — Agency Cannot Make Additional Findings, IAS_IX-3532.
Fact Findings — Agency Rejection of — Relevancy Is Not a Factor, IAS_IX-3533.
Fact Findings — Agency Rejection of — Reversed, IAS_IX-3534.
Fact Findings — Agency Rejection of Requires Review of the Entire Record, IAS_IX-3535.
Fact Findings — Agency Rejection of When Susceptible to Ordinary Methods of Proof, IAS_IX-3536.
Fact Findings — Agency Rejects, IAS_IX-3537.
Fact Findings — Agency Special Expertise As Basis For Rejection, IAS_IX-3538.
Fact Findings — Appellate Review (See APPELLATE REVIEW)
Fact Findings — Cannot Be Rejected As Incomplete, IAS_IX-3539.
Fact Findings — Cannot Be Rejected If Supported By “Some” Competent Substantial Evidence, IAS_IX-3540.
Fact Findings — Credibility Assessments of Expert Witnesses (See Also Evidence, Expert Testimony), IAS_IX-3541.
Fact Findings — DOAH ALJ Required to Make Specific Findings On Substantial Issues, IAS_IX-3542.
Fact Findings — DOAH Labeling As Conclusion of Law Is Immaterial, IAS_IX-3543.
Fact Findings — DOAH Must Identify Record Evidence In Support of — Agency Cannot Cure Defect, IAS_IX-3544.
Fact Findings — Evidentiary Ruling, IAS_IX-3545.
Fact Findings — Internal Consistency Is Not a Valid Ground For Rejection of, IAS_IX-3546.
Fact Findings — Standard of Care, IAS_IX-3547.
Fact Findings — Ultimate Fact Findings Defined & Discussed (See Also Mixed Question of Fact & Law), IAS_IX-3548.
Fact Findings — Whether a Finding Is Inaccurate or Misleading Is Irrelevant, IAS_IX-3549.
Mixed Question of Fact & Law – Also Known As Ultimate Facts (See Also Fact Findings — Ultimate Fact Findings), IAS_IX-3550.
Mixed Question of Fact & Law, IAS_IX-3551.
Penalty (See Also APPELLATE REVIEW; DISCIPLINE; ENVIRONMENTAL PROTECTION, Dept. of (DEP); MEDICAID, Health Care Administration)
Penalty — Agency Imposition of Is a Complex Task Requiring Consideration of Numerous Factors, IAS_IX-3552.
Penalty — Agency Rejection of, IAS_IX-3553.
Penalty — Agency Rejection of — Cannot Be Merely Based On a Party’s Exception, IAS_IX-3554.
Penalty — Agency Rejection of — Reversed, IAS_IX-3555.
Penalty — Agency Rejection of Requires Adequate Explanation, IAS_IX-3556.
Penalty — Agency Rejection of Requires a Review of the Complete Record, IAS_IX-3557.
Penalty — Court Cannot Review If Within Statutory Range, IAS_IX-3558.
Penalty — Court Review Governed By the Abuse of Discretion Standard, IAS_IX-3559.
Penalty — Found In Excess of Statutory Limits, IAS_IX-3560.
Permit Denial — Agency Rejection of This Recommendation, IAS_IX-3561.
Statement of Issue Rejected (See Also Exceptions, Statement of Issue), IAS_IX-3562.
Remand to —
Agency Authority For Is Limited, IAS_IX-3563.
Agency’s Inherent Authority For — Examined, IAS_IX-3564.
Costs — Determination of Amount, IAS_IX-3565.
For Further Fact Finding — DOAH Denial of Reversed Via Writ of Mandamus, IAS_IX-3567.
For Further Fact Finding, IAS_IX-3568.
Found Appropriate, IAS_IX-3569.
Only Available In Exceptional Circumstances, IAS_IX-3570.
Default (120.60(2)) —
Agency Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-3571.
Complete Application Occurred Upon Receipt Absent a Timely Agency Request For Additional Information, IAS_IX-3572.
Default License Can Be Issued Subject to Reasonable Conditions, IAS_IX-3573.
License Renewal — Granted, IAS_IX-3574.
Notice to Clerk Prior to Taking Any Action Based Upon a Default License Is Required —
Applicability of 120.60(2) Can Be Litigated Absent This Notice, IAS_IX-3575.
Preempts Statutorily – Conferred Responsibilities Regarding Licensure Absent An Express Exemption, IAS_IX-3576.
Verbal Notice of Decision Is Sufficient to Avoid Default License, IAS_IX-3577.
Association — Membership Lists In Dispute Over Third Party Standing, IAS_IX-3578.
Attorney’s Fees & Costs (See Also Attorney’s Fees & Costs) —
Motion to Compel Granted — Awarded, IAS_IX-3579.
Failure to Appear — Attorney’s Fees, IAS_IX-3580.
Introduction of In Lieu of Live Testimony, IAS_IX-3581.
Fla. Rules of Civil Procedure Are Applicable, IAS_IX-3582.
Investigative Subpoena of An Agency —
Privilege Against Self-Incrimination (See CONSTITUTION (U.S.))
Trade Secrets, IAS_IX-3583.
Due Process (See Also CONSTITUTION (Fla.); CONSTITUTION (U.S.)) —
Adequate Factual Findings Supporting the Ultimate Action Taken Must Be Provided, IAS_IX-3584.
Emergency Procedures —
All Requisite Factual & Legal Allegations Must Appear On the Face of the Order, IAS_IX-3585.
Appellate Review (See Also APPELLATE REVIEW) —
Scope of Is Limited, IAS_IX-3586.
Attorney’s Fees & Costs — Appellate —
Must Be Requested In a Separate Motion, IAS_IX-3587.
Emergency Suspension of Accountant License Quashed, IAS_IX-3588.
Emergency Suspension of Child Care License, IAS_IX-3589.
Explanation of Why Less Harsh Remedies Such As Fine, Probation or Notice of Non-Compliance — Found to Be Required, IAS_IX-3590.
Facts Sufficient to Demonstrate Immediate Danger Found, IAS_IX-3591.
Facts Sufficient to Demonstrate Immediate Danger Found Lacking, IAS_IX-3592.
Immediacy of the Harm Must Be Alleged, IAS_IX-3593.
Likelihood of Continued Violations Found, IAS_IX-3594.
Remedy Must Be Narrowly Tailored to Properly Address the Alleged Harm — Reversed, IAS_IX-3595.
Remedy Must Be Narrowly Tailored to Properly Address the Alleged Harm, IAS_IX-3596.
Request For Emergency Hearing Denied, IAS_IX-3597.
Request For Formal Hearing — Must Be Granted or Denied Within Fifteen (15) Days, IAS_IX-3598.
Requisite Level of Urgency — Found Lacking, IAS_IX-3599.
Sexual Misconduct — Failure to Explain Why a Restriction On The License Would Not Suffice, IAS_IX-3600.
Three (3) Part Test For Propriety of, IAS_IX-3601.
Equitable Estoppel (See Also Collateral Estoppel, Estoppel By Judgment, Estoppel, Res Judicata) —
Applies Only In Rare Instances Under Exceptional Circumstances, IAS_IX-3602.
Cannot Be Based On Unauthorized or Mistaken Acts By State Officers or Employees, IAS_IX-3603.
Does Not Apply to Transactions That Are Contrary to Public Policy, IAS_IX-3605.
Rarely Applies Against State, IAS_IX-3607.
Three (3) Part Test For, IAS_IX-3608.
Estoppel (See Also Collateral Estoppel, Equitable Estoppel, Estoppel By Judgment, Res Judicata) —
Administrative Finality Discussed, IAS_IX-3609.
Affirmative Conduct Beyond Negligence Must Be Shown, IAS_IX-3610.
Application of the Rules of Fair Play, IAS_IX-3611.
Applies to Every Issue Presented or That Could Have Been Properly Presented, IAS_IX-3612.
Found Applicable, IAS_IX-3613.
Three (3) Part Test For, IAS_IX-3615.
Estoppel By Judgment (See Also Collateral Estoppel, Estoppel, Equitable Estoppel, Res Judicata) —
Also Known As Estoppel By Verdict, IAS_IX-3616.
Defined & Discussed, IAS_IX-3617.
Exhaustively Explored, IAS_IX-3618.
Found Applicable, IAS_IX-3619.
Found Inapplicable, IAS_IX-3620.
Inapplicable If Unanticipated Subsequent Events Create a New Legal Situation, IAS_IX-3621.
Evidence (See Also Burden of Proof, Penal Nature of Revocation Proceeding) —
Exclusion of Relevant Scientific Evidence Found to Be Reversible Error, IAS_IX-3622.
Inadmissible Evidence In an Admitted Court File Remains Inadmissible, IAS_IX-3623.
Polygraph Test Results Are Inadmissible Absent Written Stipulation, IAS_IX-3624.
Routine Practice of an Organization, IAS_IX-3625.
Clear & Convincing Evidence (See Also Penal Nature of Revocation Proceeding) —
Intermediate Standard of Proof — Status As Examined, IAS_IX-3627.
Competent Substantial Evidence (See Also Expert Testimony) —
DOAH ALJ Is Permitted to Draw Reasonable Inferences, IAS_IX-3628.
DOAH Credibility Assessments, IAS_IX-3629.
Exculpatory Testimony of Respondent, IAS_IX-3631.
FDLE Criminal History Report, IAS_IX-3632.
Respondent’s Exculpatory Testimony Can Constitute, IAS_IX-3633.
Summaries of Documents, IAS_IX-3634.
Expert Testimony —
DOAH Credibility Assessments Are Fact Findings, IAS_IX-3635.
DOAH Credibility Assessments (See Also Competent Substantial Evidence), IAS_IX-3636.
Failure to Proffer As Does Not Preclude Probative Value, IAS_IX-3637.
Opinion Based On Inadmissible Records & Testimony, IAS_IX-3638.
Admissible & Probative With Other Proof, IAS_IX-3639.
Admission Against Interest Exception — Witness Is Unavailable, IAS_IX-3640.
Admission Against Interest Exception, IAS_IX-3641.
Alone Is Probative If Admissible Over Objection In Civil Proceedings, IAS_IX-3642.
Alone Is Not Probative, IAS_IX-3643.
Business Records Exception — Abuse Report, IAS_IX-3644.
Business Records Exception, IAS_IX-3645.
Criminal Records Regarding a Plea, IAS_IX-3646.
Defined & Discussed, IAS_IX-3647.
Deposition In Lieu of Live Testimony, IAS_IX-3648.
Employee Statement Regarding Matter With Scope of Employment, IAS_IX-3649.
Exceptions Are to Be Strictly Construed, IAS_IX-3650.
Exculpatory Statement of a Party, IAS_IX-3651.
Hearsay Within Hearsay, IAS_IX-3652.
Medical Records, IAS_IX-3653.
Police Officer Personal Observation, IAS_IX-3654.
Police Report — No Criminal Case — Public Records Exemption, IAS_IX-3655.
Prior Testimony Exception, IAS_IX-3656.
Public Records & Reports — Absent Testimony of Custodian, IAS_IX-3657.
Public Records & Reports — Based On Information Supplied By Outside Sources, IAS_IX-3658.
Public Records & Reports — Police Report, IAS_IX-3659.
Public Records & Reports, IAS_IX-3660.
Records of Regularly Conducted Business Activities, IAS_IX-3661.
Statement Made By a Party, IAS_IX-3662.
Preponderance of the Evidence —
Defined & Discussed, IAS_IX-3663.
Presumptions (See Also CONSTITUTION (Fla.), Presumptions) —
Conclusive Presumption Established — Sexual Relationship With Medical Patient, IAS_IX-3664.
Rebuttable — Defined — Permissible, IAS_IX-3665.
Final Order (See Also Res Judicata) —
Adequate Factual Findings Supporting the Ultimate Action Taken Must Be Provided, IAS_IX-3666.
Agency Action Defined & Discussed, IAS_IX-3667.
Agency Can Reopen a Case to Reconsider Its Action or Correct Mistakes, IAS_IX-3668.
Amended Final Order Found to Have Improperly Amended Fact Findings & Conclusions of Law Without Requisite Explanation, IAS_IX-3669.
An Agency Can Correct Inadvertent or Clerical Error, IAS_IX-3670.
An Agency Can Vacate In the Event of a Substantial Change In Or Extraordinary Circumstances, IAS_IX-3671.
An Agency Can Vacate, IAS_IX-3672.
Brevity Found to Frustrate Appellate Review — 120 Is Inapplicable, IAS_IX-3673.
Correspondence Regarding Changes to the University Faculty Teaching Appointment Found Not to Constitute, IAS_IX-3674.
Doctrine of Administrative Finality —
Inapplicable If a Party Does Not Receive Proper Notice of a Dispositive Consolidated Proceeding, IAS_IX-3676.
Inapplicable If There Has Been a Significant Change of Circumstances or Demonstrated Public Interest, IAS_IX-3677.
Is a “Counterpart”, IAS_IX-3678.
Requires Filing With Agency Clerk, IAS_IX-3679.
Test For, IAS_IX-3680.
Fact Findings Cannot Be Circumvented By Relying On a “Concession” In a Proposed Recommended Order that Was Not Adopted, IAS_IX-3681.
Fact Findings That Are Specific & Which Support the Ultimate Action Taken Are Requisite For Due Process, IAS_IX-3682.
Failure to Render & File With Agency Clerk — DOR — Reversed, IAS_IX-3683.
Found to Lack Requisite Foundation, IAS_IX-3684.
Future Filing Speculation Found Not Subject to Appellate Review, IAS_IX-3685.
Letter From Agency Found to Constitute, IAS_IX-3686.
Must Be Based Only On Evidence Received By DOAH, IAS_IX-3687.
Not “Rendered” Until Filed With Agency Clerk, IAS_IX-3688.
Not Date-Stamped By the Agency Clerk — DCF, IAS_IX-3689.
Notice of Proposed Agency Action — Found Not Given, IAS_IX-3690.
Partial Final Order — No Appeal — Binding On All Parties, IAS_IX-3691.
Partial Final Order Entered, IAS_IX-3692.
Provisional License — Grant of Found to Constitute, IAS_IX-3693.
Related to Doctrine of Res Judicata, IAS_IX-3694.
Formal Hearing (120.57(1)) (See Also Intervenors, Informal Hearing, Rehearing) —
An Agency Need Not Refer a Petition to DOAH If Standing Is Lacking or the Petition Is Deficient, IAS_IX-3695.
Cannot Be Used to Collaterally Attack a Previous Administrative Decision, IAS_IX-3696.
Clear Point of Entry (See Also Notice of Right to) —
Actual Notice — No Entitlement to Unless Requested In Writing, IAS_IX-3697.
Administrative Warning Does Not Constitute, IAS_IX-3698.
Agency Action Triggering Right to Need Not Implicate Revocation, Suspension, Probation, Fine etc., IAS_IX-3699.
Cannot Be So Remote From the Corresponding Agency Action As to Be Meaningless, IAS_IX-3700.
Defective Notice Cured By Full Participation At Hearing, IAS_IX-3701.
Defined & Discussed, IAS_IX-3702.
Formal Warning Letter With Consequences Triggers a Right to, IAS_IX-3703.
Letter of Guidance Triggers Right to, IAS_IX-3704.
Must Be Accorded to Persons Whose Substantial Interests Are Affected, IAS_IX-3705.
Need Not Be Specifically Mandated By Statute — It Is a Fundamental Right, IAS_IX-3706.
Notice By Publication Deemed Deficient — Prerequisites For Not Satisfied, IAS_IX-3707.
Notice Must Inform a Party of the Right to a Hearing, IAS_IX-3708.
Publication of Notice, IAS_IX-3709.
Statement of Deficiencies Triggers a Right to, IAS_IX-3710.
Continuance (See DOAH, Hearing Officer)
De Novo In Nature —
Designed to Give Affected Parties an Opportunity to Change the Agency’s Position, IAS_IX-3711.
New Evidence Can Be Considered, IAS_IX-3712.
Not to Review Preliminary Agency Action, IAS_IX-3713.
De Novo In Nature, IAS_IX-3714.
Dismissal of Petition For As Deficient With Prejudice Reversed —
At Least One Opportunity to Cure Must Be Accorded If the Petition Is Curable, IAS_IX-3715.
Disputed Issue of Material Fact Is Required But Found Lacking, IAS_IX-3716.
Disputed Issue of Material Fact Is Required, IAS_IX-3717.
Failure to Appear — After an Apparent Settlement, IAS_IX-3718.
Failure to Appear — Going to Wrong Location, IAS_IX-3719.
Intervenors (See Intervenors)
Issues Not Raised In the Pleadings Can Be Considered to Have Been Waived, IAS_IX-3720.
Motion to Reopen Case —
Power Must Be Given By Statute or Inherent By Virtue of the Nature of Agency Functions, IAS_IX-3721.
Notice of Right to (See Also Clear Point of Entry, Time Limit For Requesting Is Not Jurisdictional) —
Actual Notice — When Required, IAS_IX-3722.
Adequacy of Notice Is Determined On a Case-By-Case Basis, IAS_IX-3723.
Attorney’s Request For Actual Notice In Advance, IAS_IX-3724.
Attribution of Notice Based On Attorney-Client Relationship, IAS_IX-3725.
Certified Mail Returned Unclaimed Found to Have Required Another Attempt at Notice, IAS_IX-3726.
Is Required, IAS_IX-3727.
License Revocation Reversed Due to Failure to Provide, IAS_IX-3728.
Must Be Reasonably Calculated to In Fact Inform, IAS_IX-3729.
Permits That Apply In Multiple Counties, IAS_IX-3730.
Petition For —
Administrative Dissolution of Corporate Petitioner, IAS_IX-3731.
Amendment of — Leave to Amend Should Be Liberally Accorded, IAS_IX-3732.
Deficient Petition — At Least One Opportunity to Amend Must Be Accorded, IAS_IX-3733.
Withdrawn After Hearing But Before Final Order Is Issued, IAS_IX-3734.
Post-Hearing Supplementation of Record —
Prehearing Stipulation —
Failure to Identify Issues to Be Tried Amounts to a Binding Waiver, IAS_IX-3736.
Purpose of —
Burden of Proof Regarding Timeliness Is On the Petitioner, By a Preponderance of the Evidence, IAS_IX-3737.
Rehearing (See Rehearing)
Right to Is Statutory Unless a Fundamental Interest Triggers a Constitutional Right, IAS_IX-3738.
Time Limit For Requesting Is Not Jurisdictional —
Agency Rules Regarding Are Binding Unless Violative of Due Process, IAS_IX-3739.
Amended Petition, IAS_IX-3740.
Burden of Proof Regarding Is On the Petitioner, IAS_IX-3741.
Equitable Tolling — Burden of Proof — On Party Asserting By a Preponderance of the Evidence, IAS_IX-3742.
Equitable Tolling — Discussed, IAS_IX-3743.
Equitable Tolling — Due Diligence Is Required, IAS_IX-3744.
Equitable Tolling — Employee Telephone Conversation, IAS_IX-3745.
Equitable Tolling — Found Applicable, IAS_IX-3746.
Equitable Tolling — Found Inapplicable, IAS_IX-3747.
Equitable Tolling — Remand For Hearing On, IAS_IX-3748.
Excusable Neglect — Found Inapplicable, IAS_IX-3749.
Time Limit — Bifurcated Hearing On, IAS_IX-3750.
Time Limit — Failure to Challenge Violation of Operates As a Waiver, IAS_IX-3751.
Tolled When an Amend Petition Is Being Prepared After the Initial Dismissal, IAS_IX-3752.
Untimely Request For — Facts Alleged In a Complaint Are Deemed Admitted, IAS_IX-3753.
Untimely Request For — Found Not Curable, IAS_IX-3754.
Untimely Request For Operates As Waiver, IAS_IX-3755.
Waiver of Right to Is Disfavored & Must Be Clearly Established, IAS_IX-3756.
Free Copy of Denied, IAS_IX-3757.
Unavailable Due to Malfunction In Recording Equipment — Reversed For De Novo Hearing, IAS_IX-3758.
Free Form Agency Action —
Defined & Discussed, IAS_IX-3759.
Harmless Error —
Incorrect Standard of Proof Is Not But Rather Is Reversible Error, IAS_IX-3760.
Expert Testimony Based On Inadmissible Records & Testimony, IAS_IX-3762.
Failure of Agency Head to Make the Required Initial Determination — DCF — Central Abuse Registry, IAS_IX-3763.
Failure to Provide Statutory Notification — DCF — Adoption, IAS_IX-3764.
Improper Denial of Third Party Challenge By a Secretary of a Collegial Body Acting Alone, IAS_IX-3765.
Notice That the Proposed Penalty Was Mandatory When In Fact It Was Discretionary, IAS_IX-3766.
Procedural Failures, IAS_IX-3767.
Procedural Time Limit Violation Without Prejudice, IAS_IX-3768.
Test For Examined, IAS_IX-3769.
Informal Hearing (120.57(2)) —
Denial of Mitigation of Proposed Penalties — Affirmed, IAS_IX-3770.
Election of Waives Right to Dispute Alleged Facts, IAS_IX-3771.
Formal Hearing Must Be Convened If a Disputed Issue of Material Fact Arises, IAS_IX-3772.
Mitigating Circumstances Are Considered — Appellate Review Is Limited, IAS_IX-3773.
Petitioner Must Actually Request a Formal Hearing If Disputed Issues of Material Fact Arise, IAS_IX-3774.
Purpose of Examined, IAS_IX-3775.
Purpose of Is to Afford Submission of Written or Oral Evidence In Opposition to the Proposed Agency Action, IAS_IX-3776.
Right to a Formal Hearing Found — Waived, IAS_IX-3777.
Test For Examined & Found Not Satisfied, IAS_IX-3778.
Written Statement Submitted In Lieu of Personal Appearance, IAS_IX-3779.
Intervenors (See Also ADMINISTRATION Comm., Comprehensive Plan; APPELLATE REVIEW, Standing; CERTIFICATE OF NEED (CON); CONTRACTS (Bids/Protests), Standing; DECLARATORY STATEMENTS, Standing; ECONOMIC OPPORTUNITY, Dept. of, Comprehensive Plan; ENVIRONMENTAL PROTECTION, Dept. of, Enforcement Action; PERMITS, Third Party Intervenors; RULES & RULEMAKING, Rulemaking, 120.54, Petition to Institute, Standing, Variance or Waiver, Standing) —
Laches (See Laches)
A Matter of Subject Matter Jurisdiction, IAS_IX-3780.
Agency Has Substantive Jurisdiction Over DOAH Conclusions Regarding, IAS_IX-3781.
Association — Test For, IAS_IX-3782.
Bifurcated Hearing Addresses Standing Preliminarily, IAS_IX-3783.
Distinguished & Compared to Substantially Affected Test For Rule Challenges, IAS_IX-3784.
Economic Injury Alone Is Insufficient Unless Within the Zone of Interest, IAS_IX-3785.
Economic Injury Found to Be Within the Zone of Interest, IAS_IX-3786.
Jurisdictional Issue That Can Result In Dismissal Whenever Properly Established, IAS_IX-3787.
Specific Statute Found to Dispose of Part of the Generic 120 Standing Test of Agrico Chemical Co., IAS_IX-3788.
Substantially Affected — Defined & Discussed, IAS_IX-3789.
Substantially Affected — Distinguished From Substantial Interests, IAS_IX-3790.
Threshold Issue, IAS_IX-3791.
Two (2) Prong Test, IAS_IX-3792.
Unrelated to the Merits of a Case, IAS_IX-3793.
Judicial Estoppel (See Estoppel By Judgment)
Laches (See Also Statute of Limitations) —
Applicable to Administrative Proceedings, IAS_IX-3794.
Laches Is Inapplicable to Administrative License Discipline Proceedings Without Specific Legislative Authority, IAS_IX-3796.
Party Asserting Must Prove Laches, IAS_IX-3797.
Limine — Motion In —
Moot Case —
Circuit Court Dependency Ruling, IAS_IX-3800.
Defective Notice Followed By Full Participation At Hearing, IAS_IX-3801.
Erroneous Legal Conclusion, IAS_IX-3802.
Exception For Situations In Which Collateral Legal Consequences May Exist, IAS_IX-3803.
Expired License (See Also DISCIPLINE) — Disciplinary Case, IAS_IX-3804.
Expired License, IAS_IX-3805.
Grant of a Contested Annual Provisional License, IAS_IX-3807.
Licensure Initially Denied Was Granted During Appeal —
Case Decided On Basis That the Controversy Was Capable of Being Repeated, IAS_IX-3808.
Petition For Denied As Moot, IAS_IX-3809.
Public Records Request By Dismissed College Instructor In Regard to Student E-Mail Complaint From Student Who Graduated, IAS_IX-3810.
Rehearing — Motion For After DOAH Recommended Order, IAS_IX-3811.
Rule Variance or Waiver Not Required, IAS_IX-3812.
Standing Issue After a Party Is Afforded Full Participation At Hearing, IAS_IX-3813.
Test For Examined, IAS_IX-3814.
Unnecessary Rule Waiver, IAS_IX-3815.
Nonrule Policy (See Also RULES & RULEMAKING, Unpromulgated Rule) —
Agency Burden When Deviating From, IAS_IX-3816.
Agency Burden When Relying On, IAS_IX-3817.
Agency Deviation From Should Be Prospective Only, IAS_IX-3818.
Official Recognition —
Court Can Accord On Its Own Motion, IAS_IX-3819.
Granted In Part, IAS_IX-3822.
Proper Scope of Examined, Proper Scope of Examined, IAS_IX-3823.
Records In Disciplinary Case File — Denied, IAS_IX-3824.
Penal Nature of Revocation Proceeding (See Also Evidence) —
Standard of Proof —
Clear & Convincing Evidence (See Also Evidence), IAS_IX-3825.
Clear & Convincing Evidence Defined & Discussed, IAS_IX-3826.
Clear & Convincing Evidence Found Not Required For Environmental Regulatory Monetary Penalties, IAS_IX-3827.
Pro Se Petitioners —
Corporation Can Be Represented By Nonlawyer In a 120 Proceeding, IAS_IX-3828.
Reconsideration (See Rehearing)
Issue Regarding Must Be Preserved In Order to Obtain Appellate Review, IAS_IX-3829.
Motion For Denied —
Requirements For, IAS_IX-3830.
Writ of Prohibition Entered, IAS_IX-3831.
Motion For Denied, IAS_IX-3832.
Motion For Should Be Ruled On By the Person Who Is the Subject of the Motion – Not the Collegial Head of the Agency, IAS_IX-3833.
Standards Are Less Stringent Then For a Judicial Officer — Significantly Different Duties Noted, IAS_IX-3834.
Test For Examined, IAS_IX-3835.
Time Limit For Fling of Motion For, IAS_IX-3836.
Agency Has Inherent Power to Rehear a Case —
Absence of APA or Rule Authorization of Is Not Dispositive, IAS_IX-3837.
Motion to Amend to Correct Inadvertence or a Clerical Error Distinguished From, IAS_IX-3838.
Motions For Are Not Contemplated For Administrative Proceedings, IAS_IX-3839.
Must Take Place Prior to Filing of Notice of Appeal or Expiration of Time Limit For Filing of Such Notice, IAS_IX-3840.
Res Judicata (See Also Collateral Estoppel, Equitable Estoppel, Estoppel, Estoppel By Judgment, Final Order, Doctrine of Administrative Finality) —
Applied With Great Caution In Administrative Proceedings, IAS_IX-3842.
Bar Imposed Is Applicable to All Persons On Privity With the Petitioner, IAS_IX-3843.
Defined & Discussed, IAS_IX-3844.
Doctrine of Administrative Finality (See Final Order)
Four (4) Part Test For, IAS_IX-3845.
Identical Causes of Action Are Required, IAS_IX-3846.
Inapplicable If There Are New Facts, Changed Circumstances & Additional Submissions, IAS_IX-3847.
Subsequent Application Based On New Facts, Changes Circumstances & or Additional Submissions Is Not Barred, IAS_IX-3849.
Stare Decisis —
Agency Deviation From Precedent Should Be Prospective Only, IAS_IX-3850.
Applicability to Administrative Proceedings, IAS_IX-3851.
Conclusions of Law — Limited to the Facts At Bar, IAS_IX-3852.
Conclusions of Law — Precedential Impact Limited to the Facts At Bar, IAS_IX-3853.
Deviation From Precedent Must Be Explained, IAS_IX-3854.
Mistake of Law Not Entitled to, IAS_IX-3855.
Rehabilitation — Proof of — DCF — Exemption From Disqualification —
Each Decision Found to Be a “Distinct Discretionary Act” That Is Fact-Intensive, IAS_IX-3856.
Statute of Limitations (See Also Laches; REVENUE, Dept. of, Assessment) —
Administrative Enforcement Actions — Inapplicable to, IAS_IX-3857.
Civil or Criminal Limitations Such As Those Found In 95.11 Are Inapplicable to Administrative Proceedings, IAS_IX-3858.
Immunity Claim Distinguished From Exemption, IAS_IX-3859.
Stay (See APPELLATE REVIEW)
Can be Withdrawn Prior to Final Agency Action, IAS_IX-3860.
DOAH Not Bound By As to Matters of Fact, IAS_IX-3861.
Nonbinding As to Legal Issues, IAS_IX-3862.
Nonbinding If In Derogation of Law, IAS_IX-3863.
Nonbinding If Refuted By Competent Substantial Evidence, IAS_IX-3864.
Parties Are Bound By Absent Fraud, Misrepresentation or Mistake, IAS_IX-3865.
Parties Are Bound By, IAS_IX-3866.
Voluntary Dismissal (See Also DISCIPLINE, Voluntary Relinquishment) —
Renders Free Form Action Final, IAS_IX-3867.
Declaratory Statements (See DECLARATORY STATEMENTS)
Criminal Conviction —
Health Care Fraud — Federal Appeal Pending —
Denial of Request For Indefinite Suspension In Lieu of Revocation After Informal Hearing Pending Outcome of the Appeal Affirmed, IAS_IX-3868.
Unacceptable Level of Care —
Bd. Expert Found Not to Have Established the Minimum Standard, IAS_IX-3869.
Unacceptable Level of Care, IAS_IX-3870.
License — Mental Health Intern —
Credentialing Error — Motion to Reinstate Voluntarily-Relinquished License Denied, IAS_IX-3871.
By Endorsement —
Bd. Denial of Application On Basis of a Lack of Accreditation By the Educational Institution & Rejection of a Comparability Study Affirmed, IAS_IX-3872.
Educational Requirement — Degree From Unaccredited Institution — Comparability Study Found Not Allowed, IAS_IX-3873.
Career Service Employee —
Included Vis. Excluded Status After Reclassification — Notice of, IAS_IX-3874.
Children & Families (See CHILDREN & FAMILIES, Dept, of (DCF))
Health (See HEALTH, Dept. of)
Persons With Disabilities (See PERSONS WITH DISABILITIES, Agency For)
Salary Overpayment —
Agency Cannot Waive or Forgive Overpayments, IAS_IX-3875.
Agency’s Burden of Proof Is By a Preponderance of the Evidence, IAS_IX-3876.
Burden of Proof Is By a Preponderance of the Evidence, IAS_IX-3877.
Recoupment — Burden of Proof, IAS_IX-3878.
Recoupment — Ordered, IAS_IX-3879.
119 Construed —
Constitutionality Based, IAS_IX-3880.
Exemption (See Exemption)
Motivation of the Person Who Makes the Requests Is Immaterial, IAS_IX-3881.
Violation of 119 Has No Effect On Appurtenant Governmental Action, IAS_IX-3882.
Narrowly Construed, IAS_IX-3883.
Student’s Educational Records —
Distinction Between Student Record Directly Related Vis. Tangentially or Indirectly Related to the Student, IAS_IX-3884.
Fla. Has Adopted The Federal Family Educational Rights & Privacy Act (FERPA) Definition, IAS_IX-3885.
Private Entity —
Two (2) Part Test For Applicability of 119 —
Economic Development Is a Traditional and Long-Accepted Function of Government, IAS_IX-3886.
Has a Statutorily-Authorized Governmental Function Been Transferred, IAS_IX-3887.
Was a Statutorily-Authorized Governmental Function Contractually Delegated to the Entity Subject to the 119 Request, IAS_IX-3888.
Public Records —
List of Current/Pending Closed Cases — School Bd., IAS_IX-3890.
Motive Behind Request Is Not Relevant, IAS_IX-3891.
Physical Format of a Document Is Irrelevant, IAS_IX-3892.
Denial of Public Counsel’s Petition For Declaratory Statement Regarding Its Right to Conduct Discovery In Rate Cases Reversed, IAS_IX-3893.