Broker —
Comm. Imposition of Suspension Stayed —
Fraudulent Conduct On Part of a Subordinate, IAS_IX-3894.
Penalty Based On Facts Not Alleged In Administrative Complaint Reversed, IAS_IX-3895.
Statutory Scope of the License Examined, IAS_IX-3896.
Recovery Fund —
Denial of Claim On Sole Basis That Licensees Acted Outside Their Capacities Reversed, IAS_IX-3897.
Purpose of the Fund Examined, IAS_IX-3898.

Declaratory Statements (See DECLARATORY STATEMENTS)

72.011(2)(a) Challenge to Assessment —
Time Limit For Challenges —
Informal Dispute Resolution Procedures Tolls This Limit For Final Assessments, IAS_IX-3899.
Ad Valorem —
Assessment —
Bay County Property Appraiser Challenge to Value Adjustment Bd. Decisions — DOR Probable Cause Determination Must Be Rendered As a Final order, IAS_IX-3900.
Immunity — Claim of — Student Apartments Held In Trust For UF — Sixty (60) Jurisdictional Time Limit Is Inapplicable, IAS_IX-3901.
Value Adjustment Bd. Decision — Property Appraiser Challenge — DOR Probable Cause Determination Must Be Rendered As a Final Order, IAS_IX-3902.
Bay County Challenges DOR Finding of No Probable Cause In Its Challenge to 19 Board of Adjustment Determinations —
15% Deduction From Market Value — Reversed & Remanded With Directions to Find Probable Cause In Order to Allow Circuit Court Challenge, IAS_IX-3903.
State Is Constitutionally Prohibited From Imposing, IAS_IX-3904.
Amended Final Order: Rhinohart Equipment Co. v. Revenue, IAS_IX-3905.
Appellate Review (See Also APPELLATE REVIEW) —
Order on Remand From the Supreme Court: American Business USA Corp. v. Revenue, IAS_IX-3906.
Assessment (See Also Sales Tax) —
72 Challenge to Assessment —
Cannot Be Brought In Guise of a Challenge to Denial of a Refund, IAS_IX-3907.
Sixty (60) Day Time Limit Is a Jurisdictional Statute of Nonclaim That Cannot Be Circumvented, IAS_IX-3908.
120 Challenge to Assessment —
Challenger’s Burden of Proof, IAS_IX-3909.
DOR Burden of Proof — Examined, IAS_IX-3910.
Establishment & Effect of the Prima Facie Case, IAS_IX-3911.
Taxpayer Must Refute Presumption of Correctness, IAS_IX-3912.
Voluntary Dismissal of Challenge Renders Assessment Final, IAS_IX-3913.
DOR Authority to Compromise an Assessment Examined, IAS_IX-3914.
DOR Burden of Proof — Examined, IAS_IX-3915.
Establishment & Effect of the Prima Facie Case, IAS_IX-3916.
Failure to Remit —
Stipulated Time Payment Agreement Discussed, IAS_IX-3917.
Final & Nonfinal Assessments Are Contemplated, IAS_IX-3918.
Restitution In Parallel Criminal Case Does Not Compromise DOR Assessment, IAS_IX-3919.
Statute of Limitations (See Also PRACTICE & PROCEDURE) —
Examined, IAS_IX-3920.
Tolled If Taxpayer Does Not Acknowledge Liability In Writing Before Being Contacted By DOR, IAS_IX-3921.
Taxpayer Is Under No Obligation to Pay Until the Assessment Becomes Final, IAS_IX-3922.
Taxpayer’s Burden of Proof When Challenging — Explored, IAS_IX-3923.
Warrant — Stipulated Time Payment Agreement Does Not Invalidate or Withdraw, IAS_IX-3924.
Audits —
Absence of Adequate Available Taxpayer Records, IAS_IX-3925.
Compliance Agreements —
Failure to Abide By or Enter Into Requires the Filing of an Administrative Complaint, IAS_IX-3926.
Failure of Taxpayer to Make Records Available, IAS_IX-3927.
Sampling —
Good Faith Effort to Reach an Agreement With the Taxpayer Is a Prerequisite, IAS_IX-3928.
Is Appropriate If Taxpayer Fails to Maintain Adequate Records, IAS_IX-3929.
Plan Utilized Found to Be Fundamentally Flawed, IAS_IX-3930.
Taxpayer Failure to Keep Requisite Books & Records — DOR Utilizes Estimates — Taxpayer Must Refute, IAS_IX-3931.
Taxpayer Duty to Keep Requisite Books & Records, IAS_IX-3932.
Child Support Obligation —
409.256(2)(f) Creates a Supplemental Administrative Process — Judicial Remedies Remain Available, IAS_IX-3933.
Administrative Support Order —
Circuit Court Cannot Retroactively Modify Administrative Support Orders, IAS_IX-3934.
Circuit Court Petition Vacates DOAH Jurisdiction If Timely Served On DOR —
Calculation of Time Limit Examined — Service By U.S. Mail, IAS_IX-3935.
Deviation From Evidence Presented At Hearing Reversed, IAS_IX-3936.
DOAH Denies Motion For Rehearing & Grants In Part a Motion to Amend — Orders Quashed, IAS_IX-3937.
DOAH Failure to Hold Father Responsible For Share of Noncovered Medical Expense Reversed, IAS_IX-3938.
DOAH Final Administrative Support Modification Order Reversed As Not Supported By the Evidence Presented At Hearing or Fla. Law, IAS_IX-3939.
DOAH Has Jurisdiction to Make Fact Findings Necessary For Proper Determination of a Support Obligation, IAS_IX-3940.
DOAH Has the Same Jurisdiction to Modify a Child Support Order Retroactively to the Date of the Petition For Modification As Does a Circuit Court, IAS_IX-3941.
DOAH Limitation On the Hearing to Forty-Five (45) Minutes Reversed —
Denial of Credit For Additional Children, IAS_IX-3942.
Refusal to Consider Relevant Evidence, IAS_IX-3943.
DOAH Nonfinal Order Requiring a Downward Modification of Child Support Reversed —
DOR Cannot Begin Downward Modification Proceeding While DOAH ALJ Retains Jurisdiction, IAS_IX-3944.
DOAH Order Modifying Support Vacated Because Its Jurisdiction Was Not Properly Invoked, IAS_IX-3945.
DOAH Retroactive Child Support Order Reversed —
DOR Failure to Utilize Past Income Information In Its Possession — Appellant Waiver of This Issue — DOR Order Affirmed & Reversed In Part, IAS_IX-3946.
DOR Dismissal of Petition For Hearing As Untimely — Reversed, IAS_IX-3947.
Imputation of Income —
Voluntary Unemployment — Prisoner, IAS_IX-3948.
Is Preceeded By DOR Notice of Proceeding Which Frames the Issue & Parameters of the Matter, IAS_IX-3949.
Must Be Based On Consideration of All Available & Admissible Information, IAS_IX-3950.
Must Be Based On a Preponderance of Evidence In the Record or Officially Recognized, IAS_IX-3951.
Parent’s Earning Capacity Is Presumed to Be Equal to Federal Minimum Wage In Absence of Other Proof, IAS_IX-3952.
Prisoner — DOAH Denial of Current Support Affirmed / Certified Question, IAS_IX-3953.
Transcript Unavailable Due to Malfunction In Recording Equipment — Reversed For De Novo Hearing, IAS_IX-3954.
Upheld Over Due Process Challenge —
Inability to Telephonically Connect to Hearing On Basis of Failure to Preserve the Issue Below, IAS_IX-3955.
Child Support —
Children Should Be Maintained From the Resources of the Parents, IAS_IX-3956.
Is a Dual Obligation of Both Parents, IAS_IX-3957.
Is a Right That Belongs to the Child, IAS_IX-3958.
Child Support Statutory Guidelines —
Low Income Alone Does Not Establish an Inability to Pay — Monthly Expenses Must Also Be Considered, IAS_IX-3959.
Low Income Alone Does Not Provide a Sufficient Basis For a Deviation From, IAS_IX-3960.
Communication Services Tax —
Circuit Court Judgment Upholding Rate Differential Between Satellite & Cable Television Provider Reversed —
Commerce Clause Violation Found, IAS_IX-3961.
Circuit Court — Satellite Providers Facial Constitutional Challenge to 202.12(1)(b) Denied, IAS_IX-3962.
Contract (See CONTRACTS (Bids/Protests))
Documentary Stamp Tax —
Deferred Interest —
Found to Constitute An Exception to the General Rule of Taxability, IAS_IX-3963.
Future Advances — Taxability Examined, IAS_IX-3964.
Fla. Tax Credit Scholarship Program (FTCSP) (See EDUCATION, Dept. of (DOE))
Motor Fuel Tax —
Lawn Care Company Denied a Refund of Tax Used In Its Equipment — Affirmed, IAS_IX-3965.
Scope of This Tax Examined, IAS_IX-3966.
There Is No Rigid Rule of Equality, IAS_IX-3967.
There Is No Use Based Exemptions, IAS_IX-3968.
Penalty —
DOR Discretion to Compromise — Examined, IAS_IX-3969.
Refund —
Class Certification Denied —
Motor Fuel — Diesel Used In Self-Propelled Off-Road or Stationary Equipment, IAS_IX-3970.
Failure to Exhaust Administrative Remedies —
Direct File Exception For Facial Constitution Challenge Found Applicable, IAS_IX-3971.
Sales Tax (See Also Use Tax) —
Assessment (See Also Assessment) —
Automobile Dealer — Used — Failure to Remit Tax, IAS_IX-3972.
Convenience Store — Inordinate & Undocumented Exempt Sales, IAS_IX-3973.
Dealer Defined, IAS_IX-3974.
Failure to Comply With the Bracket System, IAS_IX-3975.
Flowers — Sale & Delivery to Out-of-State Customers, IAS_IX-3976.
Food — Perishable — Design & Construction of Storage & Handling System, IAS_IX-3977.
Furniture Retail Store, IAS_IX-3978.
Grocery Market, IAS_IX-3979.
Installation of Steel Gantries At a State Expressway Toll Plaza, IAS_IX-3980.
Internet Sales of Calling Cards to Out-of-State Customers, IAS_IX-3981.
Internet Sales of Flowers to Out-of-State Customers For Out-of-State Delivery, IAS_IX-3982.
Mail Order Sales of Flowers & Gifts From Fla. — Supreme Court Reverses 4th D.C.A. & Upholds Tax, IAS_IX-3983.
Online Flower Sales, IAS_IX-3984.
Out-of-State Dealer In New & Used Heavy Tractor Equipment, IAS_IX-3985.
Prepaid Calling Plan, IAS_IX-3986.
Tax Is On Engaging In Business Not the Tangible Personal Property Itself, IAS_IX-3987.
Telecommunications Services, IAS_IX-3988.
Certificate of Registration —
Auto Dealer — Failure to Remit Sales Tax, IAS_IX-3989.
Compliance Agreements Discussed, IAS_IX-3990.
DOR Agrees to Review the Account & Recent Efforts of the Taxpayer In Lieu of Immediate Revocation, IAS_IX-3991.
Dept. Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-3992.
Revocation — Conciliation Conference Is Required By Statute As the First Step, IAS_IX-3993.
Revocation — DOR Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-3994.
Revocation — Dept. Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-3995.
Revocation — Due to Failure to Conform to Compliance Agreement — Late Payments & Nonpayment, IAS_IX-3996.
Revocation — Due to Noncompliance With 212, IAS_IX-3997.
Revocation — Failure to Conform to Compliance Agreement, IAS_IX-3998.
Revocation — For Failure to Remit Taxes, IAS_IX-3999.
Revocation — Issuance of a Judgment Lien Certificate, IAS_IX-4000.
Stay of Revocation Proceeding–Implications of Examined, IAS_IX-4001.
Defined, IAS_IX-4002.
Distinguished From & Compared to the Use Tax, IAS_IX-4003.
Exemption —
Improvement to Real Property — Fixture Distinguished From Unattached Personal Property, IAS_IX-4004.
Improvement to Real Property — Mixed Contract Involving Both Fixtures & Unattached Personal Property, IAS_IX-4005.
Improvement to Real Property, IAS_IX-4006.
Out-of-State Sellers — Substantial Nexus Test, IAS_IX-4007.
Failure to Remit, IAS_IX-4008.
Use Tax Is Separate But Complimentary, IAS_IX-4009.
Taxing Enactment (See Also STATUTES) —
Tax Statutes Are to Be Strictly Construed In Favor of Taxpayer, IAS_IX-4010.
Use Tax (See Also Sales Tax) —
Auto Manufacturer (GM) Case By Case Repair Program Beyond the Base Warranty —
Circuit Court Reversal of DOR Assessment Affirmed, IAS_IX-4011.
Defined & Discussed, IAS_IX-4012.
Distinguished From & Compared to Use Tax, IAS_IX-4013.
Intended to Compliment the Sales Tax, IAS_IX-4014.
Not Intended to Pyramid On Top of the Sales Tax, IAS_IX-4015.

Agency Action —
Cause of Action Has Applicability to Administrative Proceedings, IAS_IX-4016.
Agency Bound By Own Rule, IAS_IX-4017.
Appellate Review (See Also APPELLATE REVIEW, Rules) —
Courts Cannot Compel Adoption of a Particular Rule, IAS_IX-4018.
Courts Cannot Repair Faulty Rules, IAS_IX-4019.
Invalidation of Rule Is Stayed By Agency Appeal, IAS_IX-4020.
Applicability —
Amendment — 120 Procedures — Burden of Proof — Retroactive Application Is Permissible, IAS_IX-4021.
Those In Effect — At Time of Alleged Violation, IAS_IX-4022.
Arbitrary & Capricious —
All Evidence From Any Source Obtained At Any Time Is Considered, IAS_IX-4023.
Defined, IAS_IX-4024.
Proposed Rule — Found Not to Be, IAS_IX-4025.
Proposed Rule — Found to Be, IAS_IX-4026.
Rule — Found Not to Be, IAS_IX-4027.
Rule — Found to Be, IAS_IX-4028.
Standard For Determining — Discussed, IAS_IX-4029.
As Applied —
Challenge to Must Be In 120.57(1) Proceeding, IAS_IX-4030.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE)
Burden of Proof (See Also Unpromulgated Rule; PRACTICE & PROCEDURE) —
Establishment & Effect of the Prima Facie Case, IAS_IX-4031.
On Petitioner By a Preponderance of the Evidence, IAS_IX-4032.
On Those Who Challenge Validity, IAS_IX-4033.
Constitutional Challenge (See Also CONSTITUTION (Fla.) (U.S.)) —
DOAH Cannot Consider, IAS_IX-4034.
Construction (See Also STATUTES) —
Agency Construction Entitled to Great Weight, IAS_IX-4035.
Agency Scientific Determinations Within Area of Special Expertise Command Extra Weight, IAS_IX-4036.
An Agency Cannot Redefine Statutory Terms So As to Change the Meaning of a Statute, IAS_IX-4037.
Exemption — Strictly Construed Against Party Seeking to Utilize, IAS_IX-4038.
Penal Provisions Do Not Encompass Exemption From License, IAS_IX-4039.
Penal Provisions Strictly Construed, IAS_IX-4040.
Plain & Ordinary Terms — Defined By Dictionary, IAS_IX-4041.
Plain Meaning of Ordinary Terms Is the First Consideration, IAS_IX-4042.
Related Statutory Provisions Construed In Para Materia, IAS_IX-4043.
Should Connotes an Expectation Instead of a Command, IAS_IX-4044.
Typographical Errors Defined & Discussed, IAS_IX-4045.
Emergency Rule —
Grounds For an Emergency Challenge Found Lacking, IAS_IX-4046.
Invalidity (120.54(4)), Proposed Rule —
Children & Families (DCF) —
Relative Caregiver Funds — Requirement That No Parent Reside In the Home Rejected By a Circuit Court, IAS_IX-4047.
DEP (Environmental Protection, Dept. of) —
Minimum Flows For the Lower Santa Fe & Ichetucknee Rivers & Associated Priority Springs, IAS_IX-4048.
Education (DOE) —
Procedures & Standards Governing the Submission, Review & Approval of Each District’s Instructional Personnel & Administrator Evaluation Systems, IAS_IX-4049.
Health (See Also Medical Quality Assurance (MQA) Boards: By Board Name) —
Medical Marijuana — Regulatory Framework Necessary to Authorize Establishment of Five (5) Dispensing Organizations For Low-THC Cannabis, IAS_IX-4050.
Pediatric Cardiac Facilities — Deregulation of, IAS_IX-4051.
Juvenile Justice (DJJ) —
Detention Cost Shares With Counties, IAS_IX-4052.
Medicine —
Fee For Reproducing Certain Medical Records, IAS_IX-4053.
Nursing —
Unprofessional Conduct / Minimal Education Requirements / Guidelines For Administration of Conscious Sedation, IAS_IX-4054.
Pari-Mutuel Wagering —
Cardroom Operators — Designated Player Rules — Prohibition On Player Banked Games, IAS_IX-4055.
Jai Alai Court Dimension & Roster Size Standards, IAS_IX-4056.
Jockey Rules, Publication Rule, Standard Governing Review of, IAS_IX-4057.
South Florida Water Management Dist. (SFWMD) —
Water Reservation For a Comprehensive Everglades Restoration Plan, IAS_IX-4058.
Standard Governing Review of, IAS_IX-4059.
Invalidity (120.56), Adopted Rule —
Children & Families (DCF) —
Authorization For Issuance of a Formal Warning Letter Without Availability of a Point of Entry to Contest the Agency Action, IAS_IX-4060.
DBPR (Business & Professional Regulation, Dept. of) —
Pilot Commissioners — Rate Review Committee Procedures, IAS_IX-4061.
Financial Regulation —
Check Cashier — Record-Keeping Requirements, IAS_IX-4062.
Restrictions On Expenditures of State Funds — Affirmed, IAS_IX-4063.
Health (See Also Medical Quality Assurance (MQA) Boards: By Board Name) —
Limitation On Transitional Living Facility Services to Persons With Brain or Spinal Cord Injuries, IAS_IX-4064.
Trauma Centers — Statewide Allocation of — Affirmed, IAS_IX-4065.
Health Care Administration, Agency For (AHCA) —
Medicaid — Lowest Charge Rule For Providers, IAS_IX-4066.
Highway Safety & Motor Vehicles (HSMV) —
Prohibition On the Sale of Alcoholic Ignition Interlock Devices (IID) In Florida Unless Franchised By HSMV, IAS_IX-4067.
Insurance —
Premium Discounts On Homeowner’s Policies For Certain Wind-Mitigation Fixtures, Construction Techniques & Pertinent Notice Requirements, IAS_IX-4068.
Juvenile Justice (DJJ) —
Cost Sharing For Secure Detention — Definition of Final Court Disposition & Actual Costs — Affirmed, IAS_IX-4069.
Medicine — Electrology —
Requirement That Declaratory Statement & Rulemaking Petitions Be First Considered By the Electrology Council, IAS_IX-4070.
St. Lucie County School Bd. —
Requirement For Charter School to Offer Regular School Busing to All Students Residing More Than Two (2) Miles Away, IAS_IX-4071.
Standard Governing Review of, IAS_IX-4072.
Proposed Rules —
Advisory Opinion Will Not Be Rendered If a Proposed Rule Is Invalidated On the Basis of Material Procedural Flaws, IAS_IX-4073.
Agency Has the Burden of Proof — By a Preponderance of the Evidence, IAS_IX-4074.
Burden of Proof —
Challenger Has the Burden of Going Forward, IAS_IX-4075.
Establishment & Effect of the Prima Facie Case, IAS_IX-4076.
Changes — Material — Standing, IAS_IX-4077.
Invalidity Is Not Cured By Agency Ability to Amend the Rule In the Future, IAS_IX-4078.
Invalidity Is Not Cured By Contradictory or Offsetting Other Laws, IAS_IX-4079.
Material Failure to Follow Rulemaking Procedures Found Not Established, IAS_IX-4080.
Material Procedural Flaws Found to Have Invalidated the Proposed Rule In Its Entirety, IAS_IX-4081.
No Presumption of Validity, IAS_IX-4082.
Notice of Found to Be Inadequate, IAS_IX-4083.
Notice of Found to Provide an Adequate Description of the Subject Matter, IAS_IX-4084.
Proposed Repeal — Elimination of All Interpretive Rules Found Invalid, IAS_IX-4085.
Rule (See Also Construction, Unpromulgated Rule) —
120.56 Challenge Is Facial, IAS_IX-4086.
Abatement Order — Found to Be Merely Procedural & Not a Rule, IAS_IX-4087.
Allegations In an Administrative Complaint Do Not Constitute Per Se, IAS_IX-4088.
Amendment —
Statutory Amendment Is Not Requisite to a Substantive Change, IAS_IX-4089.
Can Be Challenged At Any Time —
Statutory Amendment Regarding Requisite Rulemaking Authority Can Render a Previously Valid Rule Invalid, IAS_IX-4090.
Cannot Ignore Clear Legislature Mandate, IAS_IX-4091.
Cannot Trump a Statute, IAS_IX-4092.
DOAH Can Invalidate In Whole or In Part, IAS_IX-4093.
Defined, IAS_IX-4094.
Discretionary Agency Policy Does Not Constitute, IAS_IX-4095.
Effect Not Agency Characterization Controls, IAS_IX-4096.
Facts Are Not Off Limits In a Challenge to Validity, IAS_IX-4097.
Failure to Establish Adequate Standards —
Claim of — Examined & Rejected, IAS_IX-4098.
Practical Limits to the Requisite Level of Detail Examined, IAS_IX-4099.
Sufficiency of Standards Vary With the Subject Matter, IAS_IX-4100.
Failure to Establish Adequate Standards, IAS_IX-4101.
Failure to Promulgate Statutorily-Mandated Rule, IAS_IX-4102.
Feasibility of Rulemaking Is Essentially a Ripeness Concern, IAS_IX-4103.
Forms — Status As a Rule Examined, IAS_IX-4104.
General Applicability — Requirement For — Discussed, IAS_IX-4105.
Incorporation of Documents By Reference —
Defined & Discussed, IAS_IX-4106.
Forms, IAS_IX-4107.
Incorporated Materials Cannot Contain Incorporative References, IAS_IX-4108.
Limited to Material In Existence On the Date of Such Incorporation, IAS_IX-4109.
Incorporation of Documents By Reference, IAS_IX-4110.
Incorporation of Federal Regulations By Reference, IAS_IX-4111.
Internal Management Memoranda Distinguished From, IAS_IX-4112.
Internal Management Memoranda Does Not Constitute, IAS_IX-4113.
Invalidated Rule — Omission vis. Commission — Remedy Examined, IAS_IX-4114.
Invalidated Rule — Severance of Invalid Provisions, IAS_IX-4115.
Legislative Ratification — Explanation As to Why This Is Not Required Found Lacking, IAS_IX-4116.
Legislative Reaffirmation of Shields a Rule From a 120.56 Challenge, IAS_IX-4117.
Limits On the Level of Detail Required, IAS_IX-4118.
Need Not Be Reduced to Writing —
Circumstantial Evidence Is Utilized, IAS_IX-4119.
Need Not Be the Best Possible Rule, IAS_IX-4120.
Omission Found Not to Form a Basis For Challenge, IAS_IX-4121.
Petition Must Include the Text or a Description of the Statement, IAS_IX-4122.
Petitioner Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-4123.
Policy of General Applicability Cannot Be Established Through the Issuance of Expedient Licenses Steathly, IAS_IX-4124.
Regional Water Supply Plan Does Not Fall Within the Definition of, IAS_IX-4125.
Remedy Is Immediate Discontinuance of Reliance On the Unadopted Statement, IAS_IX-4126.
Repeal (See Also Rulemaking Authority)
Repeal — Enabling Statute — Vitiates Rules Derived From, IAS_IX-4127.
Repeal — Found to Render Challenge Moot, IAS_IX-4128.
Repeal — Subject to Challenge — Found Invalid, IAS_IX-4129.
Rule Challenge — Based On Procedural Defects, IAS_IX-4130.
Rule Challenge — Based On the Lack of a Detailed Written Statement of Facts & Circumstances Justifying — Rejected, IAS_IX-4131.
Rule Challenge — Relief Available Examined, IAS_IX-4132.
Rule Challenge — Rule Can Only Be Declared Invalid Prospectively — Not Retroactively — By DOAH, IAS_IX-4133.
Rule Challenge — Rule Declared Invalid Becomes Void When the Time For Filing an Appeal Expires, IAS_IX-4134.
Self-Executing Standard Discussed, IAS_IX-4135.
Statement of Estimated Regulatory Costs (SERC) —
Challenge to Rejected, IAS_IX-4136.
Deficiencies In Can Provide a Basis For Challenge, IAS_IX-4137.
Failure to Prepare Found to Be a Material Failure to Follow Applicable Procedures, IAS_IX-4138.
Failure to Prepare Without Justification, IAS_IX-4139.
Found Not Required, IAS_IX-4140.
Requirements Governing Petitions Assailing the Validity of, IAS_IX-4141.
Statutory Interpretation That Is Permissible Does Not Constitute, IAS_IX-4142.
Time Limit For Statutory-Mandated Rulemaking Examined, IAS_IX-4143.
Rulemaking —
120.54(5) Petition to Initiate —
Denied, IAS_IX-4144.
Granted, IAS_IX-4145.
Relationship to Parallel Petition For Declaratory Statement Examined, IAS_IX-4146.
Standing (See Also PRACTICE & PROCEDURE, Intervenors)
Standing — Test For Examined, IAS_IX-4147.
Standing — Two (2) Prong Test, IAS_IX-4148.
Test For Examined, IAS_IX-4149.
Two (2) Prong Test For Standing, IAS_IX-4150.
APA (120) Provides a Complex & Detailed Yet Flexible Process, IAS_IX-4151.
Drafting Process Is Not Subject to Specific Requirements, IAS_IX-4152.
Is No Longer a Matter of Agency Discretion — It Is Mandatory, IAS_IX-4153.
Legislative Function Subject to Legislative Standards, IAS_IX-4154.
Legislative Preference For Adoption of Policies As Rules Examined, IAS_IX-4155.
Negotiated Process —
Cannot Form a Basis For a Challenge to the Validity of a Rule, IAS_IX-4156.
Decision to Utilize Does Not Constitute Agency Action Thus Is Not Subject to Challenge, IAS_IX-4157.
Utilization of Does Not Preclude a Challenge to Validity But Cannot Provide a Separate Ground For Such Challenge, IAS_IX-4158.
No Longer a Matter of Agency Discretion, IAS_IX-4159.
Notice to Affected Parties Is a Fundamental Prerequisite, IAS_IX-4160.
Required Whenever Possible, IAS_IX-4161.
Statement of Estimated Regulatory Costs (SERC) (See Rule)
Rulemaking Authority —
1999 APA Amendment —
Can Render a Previously Valid Rule Invalid, IAS_IX-4162.
Citation to a Rule As “Implemented” Is Inadequate, IAS_IX-4163.
Compliance With Federal Law — Mandate For Is Dubious, IAS_IX-4164.
Contravene Defined, IAS_IX-4165.
Environmental Regulation (DEP) —
Flexibility Is Required to Accommodate the Infinite Variety of Complex Situations That Occur, IAS_IX-4166.
General Terms Such As “Harmful” or “Significant” Are a Practical Necessity In Regulating Complex Subjects, IAS_IX-4167.
Executive Branch Cannot Usurp This Authority, IAS_IX-4168.
Explicit Rulemaking Authority — Is Now Required, IAS_IX-4169.
Found Exceeded, IAS_IX-4170.
Found Not Exceeded, IAS_IX-4171.
Limit to Requisite Details of the Statutory Delegation Examined, IAS_IX-4172.
Limited to That Conferred By Statute, IAS_IX-4173.
Lottery Process For Choosing Between Competing Applications Found to Be an Abdication of Such Authority, IAS_IX-4174.
Must Be Referenced In the Rule — Cannot Be Relied Upon If Not Referenced, IAS_IX-4175.
No Agency Has Inherent Authority, IAS_IX-4176.
Occupations of Privilege Vis. Right Require Agency Discretion, IAS_IX-4177.
Repeal (See Also Rule) —
Lack of Authority to Repeal a Rule Indicates Lack of Authority to Adopt In the First Place Thus Requiring Repeal, IAS_IX-4178.
Standing (See Also PRACTICE & PROCEDURE, Intervenors; Rulemaking, 120.54(5) Petition to Initiate) —
A Matter of Subject Matter Jurisdiction That Cannot Be Conferred By the Parties, IAS_IX-4179.
Analagous Federal Caselaw Is Pertinent, IAS_IX-4180.
Associations —
Encroachment By Other Professions, IAS_IX-4181.
Mission Fact Test Is Not Utilized, IAS_IX-4182.
Substantial Number Test, IAS_IX-4183.
Three (3) Part Test For, IAS_IX-4184.
Burden of Proof —
Examined, IAS_IX-4185.
On Petitioner, IAS_IX-4186.
Preponderance of the Evidence, IAS_IX-4187.
Consideration of Limited to the Four (4) Corners of the Petitioner & Attachments Thereto, IAS_IX-4188.
Economic Interest —
Can Be Sufficient For, IAS_IX-4189.
Found Outside of the Zone of Interest, IAS_IX-4190.
Equivalent to Jurisdiction, IAS_IX-4191.
Factual Allegations Concerning Are Taken As True, IAS_IX-4192.
Forward-Looking Concept Unrelated to the Merits of a Case, IAS_IX-4193.
Injury-In-Fact — Actual Injury Not Required, IAS_IX-4194.
Injury-In-Fact — Cannot Be Speculative or Hypothetical, IAS_IX-4195.
Injury-In-Fact — Discussed, IAS_IX-4196.
Injury-In-Fact — Economic Injury (See Economic Interest), IAS_IX-4197.
Injury-In-Fact — Exhaustion of Remedies Not Required, IAS_IX-4198.
Injury-In-Fact — Found Lacking, IAS_IX-4199.
Injury-In-Fact — Immediacy Requirement, IAS_IX-4200.
Injury-In-Fact — Immediate or Actual Harm Need Not Be Shown – But You Must Show Something, IAS_IX-4201.
Jurisdictional Issue, IAS_IX-4202.
Law of Hard to Define & Subject to Dispute —
Standing Is Broad But Not Limitless, IAS_IX-4203.
Measured As of the Time of Hearing – Not the Time of Filing, IAS_IX-4204.
Proposed Rule — Changes to, IAS_IX-4205.
Substantial Interest Test — Distinguished From Substantially Affected, IAS_IX-4206.
Substantial Interest Test — Does Not Require That a Party Prevail On the Merits, IAS_IX-4207.
Substantial Interest Test — Less Demanding Standard Than In Regulatory Cases, IAS_IX-4208.
Substantial Interest Test, IAS_IX-4209.
Substantially Affected — Allows Facial Challenge Without Consideration of Specific Factual Scenario, IAS_IX-4210.
Substantially Affected — Defined & Discussed, IAS_IX-4211.
Substantially Affected — Distinguished From Substantial Interests, IAS_IX-4212.
Substantially Affected — Exhaustively Explored, IAS_IX-4213.
Substantially Affected — Found Not Satisfied, IAS_IX-4214.
Substantially Affected — Injury In Fact Found to Establish, IAS_IX-4215.
Substantially Affected — Lesser Standard Than Substantial Interests Standard of a Licensure or Permit Proceeding, IAS_IX-4216.
Substantially Affected — Party Need Be Actually Regulated, IAS_IX-4217.
Substantially Affected — Regulated Professional Directly Impacted, IAS_IX-4218.
Substantially Affected Under 120.56(1) Distinguished From Substantial Interest Under 120.57(1), IAS_IX-4219.
Threshold Issue, IAS_IX-4220.
Two (2) Prong Test, IAS_IX-4221.
Zone of Interest — Defined & Discussed, IAS_IX-4222.
Zone of Interest — Encompasses Any Law – Not Merely the Assailed Rule & Enabling Legislation, IAS_IX-4223.
Zone of Interest — Petitioner Found Within, IAS_IX-4224.
Zone of Interest — Test Found Not Satisfied, IAS_IX-4225.
Zone of Interest — Test Found to Be Useless At Best, IAS_IX-4226.
Unpromulgated Rule (See Also Rule; PRACTICE & PROCEDURE, Nonrule Policy) —
120.56(4) Remedies Are Limited to Prospective Injunctive Relief — Past Agency Action Cannot Be Reached, IAS_IX-4227.
120.56(4) Remedies Serve An Important Public Interest Distinct From the Interests of the Petitioner, IAS_IX-4228.
120.57(1) Is the Correct Vehicle to Assail a Nonrule Policy, IAS_IX-4229.
120.57(1) Proceeding Involving the Assailed Policy Concurrently Is Not Precluded, IAS_IX-4230.
A Narrow & Limited Inquiry — Whether a Rule Was Established Outside of the Rulemaking Process —
Validity of the Policy Is Not Reached, IAS_IX-4231.
Abandoned or Rescinded Policy Cannot Be Assailed, IAS_IX-4232.
Agency Completion of Rulemaking Nullifies the Challenge, IAS_IX-4233.
Agency Initiation of Rulemaking Found Not to Render Challenge Moot, IAS_IX-4234.
Agency Statement (See Also Rule) —
Ad Hoc Directives Distinguished From, IAS_IX-4235.
All or Part of a Statement Can Be Declared Invalid, IAS_IX-4236.
Broadly Defined, IAS_IX-4237.
Challenge Can Be Considered By DCF Hearing Officer Outside the Scope of 120.56, IAS_IX-4238.
Effect of the Statement Must Be Taken Into Consideration, IAS_IX-4239.
Enforcement of Existing Rules After Years of Neglect Does Not Constitute, IAS_IX-4240.
Feasibility Is a Ripeness Concern, IAS_IX-4241.
General Applicability — Defined & Discussed, IAS_IX-4242.
General Applicability — Policy of Cannot Be Established Through the Issuance of Expedient Licenses Stealthy, IAS_IX-4243.
Must Be Properly Established, IAS_IX-4244.
Need Not Be Reduced to Writing, IAS_IX-4245.
Off-Hand or Erroneous Comment By Agency Employee Does Not Suffice, IAS_IX-4246.
Petition Must Include the Text or a Description of the Statement, IAS_IX-4247.
Policy Assailed As Such Must Be Fully Described, IAS_IX-4248.
Policy Assailed Must Be Proven to Exist, IAS_IX-4249.
Policy Assailed Must Be That of the Institution and Not Merely That of an Unauthorized Agent, IAS_IX-4250.
Regarding How an Existing Policy Will be Applied Does Not Constitute, IAS_IX-4251.
Remedy Is Immediate Discontinuance of Reliance On the Unadopted Statement, IAS_IX-4252.
Statutory Interpretation Found Not to Constitute, IAS_IX-4253.
Agriculture & Consumer Services —
Div. of Licensing — 2008 Firearms Instructors Training Manual — 2011 Certificate of Firearms Proficiency, IAS_IX-4254.
Fertilizer — Exemption From Registering & Labeling Requirements — Unmanipulated Manures — Denied, IAS_IX-4255.
Alcoholic Beverages & Tobacco —
Surcharge & Excise Tax on Tobacco Products Other Than Cigarettes & Cigars — Utilization of Best Available Info In Lieu of Actual Documentation, IAS_IX-4256.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE, 120.595)
Burden of Proof (See Also Burden of Proof, Variance or Waiver) —
Establishment & Effect of Prima Facie Case, IAS_IX-4257.
On Petitioner By a Preponderance of the Evidence, IAS_IX-4258.
Children & Families (DCF) —
Gold Seal Quality Care Designation For Child Care Facilities, IAS_IX-4259.
DBPR (Business & Professional Regulation, Dept. of) —
Drugs, Devices & Cosmetic Program — Assertion of Jurisdiction Over Universal Pharmaceutical Waste (UPW), IAS_IX-4260.
DEP (Environmental Protection, Dept. of) —
Uniform Mitigation Assessment Methodology, IAS_IX-4261.
Defined, IAS_IX-4262.
Education (DOE) —
Reassignment of Student Without Parental Consent to Comply With Class Size Requirements, IAS_IX-4263.
Engineers —
Administrative Complaint Assailing Negligence, IAS_IX-4264.
Procedures Governing Disciplinary Actions, IAS_IX-4265.
Responsibility Rules, IAS_IX-4266.
Feasibility of Rulemaking Is Essentially a Ripeness Concern, IAS_IX-4267.
Feasible & Practicable — Rulemaking Found to Be, IAS_IX-4268.
Feasible & Practicable — Rulemaking Suggested to Be Despite Absence of Requite Rulemaking Authority, IAS_IX-4269.
Financial Regulation —
Check Cashers — Record-Keeping Requirements, IAS_IX-4270.
Florida International Univ. (FIU) —
Notice of Right to Judicial Review of Decision Outside the Scope of the APA, IAS_IX-4271.
Health Care Administration (AHCA) —
AHCA Belated Voluntary Dismissal Found Insufficient to Avoid Attorney’s Fees, IAS_IX-4272.
Abortion Clinic — Induced Termination of Pregnancy (ITOP) Reporting Form, IAS_IX-4273.
License — Assisted Living Facility — Requirement For Access to Adequate & Appropriate Health Care, IAS_IX-4274.
License — Nursing Home — Requirements Governing Reporting of Abuse or Neglect, IAS_IX-4275.
Medicaid (See Also Persons With Disabilities (APD))
Medicaid — Denial of Compensation For Emergency Medicaid Services For Undocumented Aliens After a Point of Stabilization, IAS_IX-4276.
Medicaid — Developmental Services Waiver Billing Code Matrix, IAS_IX-4277.
Medicaid — Limitation On Reimbursement For Services Provided to Undocumented Aliens, IAS_IX-4278.
Medicaid — Physician — Reimbursement For Long-Term Electroencephalograph Monitoring, IAS_IX-4279.
Human Relations —
Forms Required For Housing Discrimination Cases: Authorization For Release & Disclosure of Medical Information, IAS_IX-4280.
Insurance —
Workers’ Compensation — Evaluation, Recalculation & Disposition of Excessive Profit, IAS_IX-4281.
Internal Improvement Trust Fund —
Definition of a Liveaboard Vessel, IAS_IX-4282.
Internal Management Memorandum —
Discussed & Found, IAS_IX-4283.
Law Enforcement (FDLE) —
Forms Related to Inspection & Operation of Breath Test Instruments, IAS_IX-4284.
Medicine — Electrology —
Requirement That Declaratory Statement & Rulemaking Petitions Be First Considered By the Electrology Council, IAS_IX-4285.
Nursing —
Policy That Botox Injection Is Beyond the Scope of Practice For a Registered Nurse (RN), IAS_IX-4286.
Pari-Mutuel Wagering —
Barrel Match Racing Gretna-Style — Div. Policy of Licensing This As Quarter Horse Racing Affirmed As Being An Unpromulgated Rule, IAS_IX-4287.
Barrel Match Racing Permitted As Quarter Horse Racing, IAS_IX-4288.
Evaluation of Permit Application For a Pari-Mutuel Facility, IAS_IX-4289.
Greyhound Racing — Absolute Insurer Rule Regarding Drugs & the Trainer, IAS_IX-4290.
Remedy Is Immediate Discontinuance of Reliance On the Unadopted Statement, IAS_IX-4291.
Totalisator Reports — Requirement That Fla. Permit Holders Be Identified As Both Guest & Host When Applicable, IAS_IX-4292.
Persons With Disabilities (APD) —
Medicaid — Developmental Disabilities Waiver — Criteria For Transition Out of Intensive Behavioral Residential Habilitation (IBRH) Treatment, IAS_IX-4293.
St. Lucie County School Bd. —
Requirement For Charter School to Offer Regular School Busing to All Students Residing More Than Two (2) Miles Away, IAS_IX-4294.
Standards Governing — Determination of, IAS_IX-4295.
Vagueness (See Also CONSTITUTION (Fla.), Statutes) —
Defined & Discussed, IAS_IX-4296.
Proposed Rule — Found Not Vague, IAS_IX-4297.
Proposed Rule — Found to Be Vague, IAS_IX-4298.
Rule — Found Not Vague, IAS_IX-4299.
Rule — Found to Be Vague, IAS_IX-4300.
Rules Need Not Be Plain & Unambiguous, IAS_IX-4301.
Test For — Examined, IAS_IX-4302.
Validity (120.54(4)), Proposed Rule —
DEP (Environmental Protection, Dept. of) —
Minimum Flows For the Ichetucknee & Santa Fe Rivers — Amended Version, IAS_IX-4303.
Minimum Flows For the Lower Santa Fe & Ichetucknee Rivers & Associated Priority Springs, IAS_IX-4304.
Public Water Systems — Cross-Connection Control, IAS_IX-4305.
Financial Services —
Unclaimed Property — Repeal of Rule Governing Procedure For Making a Claim, IAS_IX-4306.
Health (See Also Medical Quality Assurance (MQA) Boards: By Board Name) —
Approval of Trauma Agencies, IAS_IX-4307.
Establishment of Nineteen (19) Trauma Service Areas (TSAs) & Allocation Scoring System For Each Area, IAS_IX-4308.
Implementation of the Compassionate Medical Cannabis Act of 2014, IAS_IX-4309.
Pediatric Cardiac Facilities — Deregulation of, IAS_IX-4310.
Regulatory Framework Governing Medical Marijuana Dispensing Organization Application, Approval & Authorization, IAS_IX-4311.
Insurance Regulation —
Requirement That Insurers Provide Consumers Notice of the Impact of Federal Health Care Reform On Health Plan Costs, IAS_IX-4312.
Juvenile Justice (DJJ) —
Detention Cost Shares With Counties, IAS_IX-4313.
Law Enforcement (FDLE) —
Approval & Oversight of Alcohol Breath Test Instruments, IAS_IX-4314.
Pari-Mutuel Wagering —
Standards For Quarter Horse Racing — Jockey Rules — Publication Rule, IAS_IX-4315.
Persons With Disabilities (APD) —
Developmental Disabilities Waiver Program — i (Individual) Budget System — Reversed, IAS_IX-4316.
Medicaid — Developmental Disabilities Waiver — Tier Assessment — Allocation Algorithm & Methodology, IAS_IX-4317.
Medicaid — Establishment of a Client’s IBudget, IAS_IX-4318.
South Fla. Water Management Dist. (SFWMD) —
Mitigation Bank — Unavailablity For Private Driveway, IAS_IX-4319.
Standards Governing Challenges — Discussed, IAS_IX-4320.
Validity (120.56), Adopted Rule —
Business & Professional Regulation (DBPR) (See Condominiums)
Children & Families (DCF) —
Gold Seal Quality Care Designation For Child Care Facilities, IAS_IX-4321.
Collier County School Bd. —
Before & After School Child Care, IAS_IX-4322.
Condominiums —
Div. of Condominiums — Abatement of Certain Requests For Arbitration, IAS_IX-4323.
Education (DOE) —
Definition of Incompetency For Instructional Personnel, IAS_IX-4324.
Process Governing Continuing Contracts For College Faculty, IAS_IX-4325.
Standards & Criteria For Continuing Contracts Will Full-Time College Faculty Affirmed, IAS_IX-4326.
Financial Regulation —
Prohibition On Expenditure of State Funds For Decorative Items, IAS_IX-4327.
Health Care Administration (AHCA) —
Certificate of Need (CON) — Hospice — Fixed Need Pool, IAS_IX-4328.
Medicaid — Limitation On Reimbursement For Services Provided to Undocumented Aliens, IAS_IX-4329.
Insurance —
Premium Discounts On Homeowner’s Policies For Certain Wind-Mitigation Fixtures, Construction Techniques & Pertinent Notice Requirements, IAS_IX-4330.
Juvenile Justice (DJJ) —
Shared Costs of Juvenile Detention Between State of Fla. & Various Counties — Definitions & Procedures For Calculating, IAS_IX-4331.
Law Enforcement (FDLE) —
Approval of Blood Alcohol Test Methods / Labeling / Collection / Permits, IAS_IX-4332.
Approval of Intoxilyzer 8000 As an Alcohol Breath Test Instrument, IAS_IX-4333.
Approval of Intoxilyzer 8000 For Use As an Evidentiary Breath Test Instrument, IAS_IX-4334.
Definitions Used In Implied Consent Program, IAS_IX-4335.
Medicine — Electrology —
Requirement That Declaratory Statement & Rulemaking Petitions Be First Considered By the Electrology Council, IAS_IX-4336.
Pari-Mutuel Wagering —
Greyhound Veterinary Assistant Procedures Manual On Urine Testing, IAS_IX-4337.
South Florida Water Management Dist. (SFWMD) —
Water Reservation For a Comprehensive Everglades Restoration Plan, IAS_IX-4338.
Standards For Determining — Discussed, IAS_IX-4339.
Transportation (DOT)
Nonconforming Signs Abandoned or Discontinued — Revocation of Permit, IAS_IX-4340.
Variance or Waiver —
120.542 Requires Grant of When Statutory Criteria Are Satisfied, IAS_IX-4341.
Agency (DCF) Confers With Another Agency (AHCA) With Parallel Jurisdiction, IAS_IX-4342.
Burden of Proof (See Also Burden of Proof) —
On Petitioner By a Preponderance of the Evidence, IAS_IX-4343.
Respective Burdens of Petitioner & Intervenor Protestant Examined, IAS_IX-4344.
Children & Families (See CHILDREN & FAMILIES, Dept. of (DCF))
Conditional Variance Granted, IAS_IX-4345.
Does Not Constitute a License, Permit or Approval Thus the 120.569(2)(p) Modified Third Party Burden of Proof Is Inapplicable, IAS_IX-4346.
Economic Opportunity (See ECONOMIC OPPORTUNITY, Dept. of)
Emergency Petition — Alleged Economic & Legal Hardships Found Not to Constitute, IAS_IX-4347.
Emergency Petition — Found Inappropriate, IAS_IX-4348.
Emergency Petition, IAS_IX-4349.
Environmental Protection (See ENVIRONMENTAL PROTECTION, Dept. of (DEP))
Fish & Wildlife Conservation Comm. (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Health (See HEALTH, Dept. of) (See Also Medical Quality Assurance (MQA) Boards: By Board Name)
Limited Rule Variance Granted, IAS_IX-4350.
Limited Rule Waiver Granted, IAS_IX-4351.
Persons With Disabilities (See PERSONS WITH DISABILITIES, Agency For)
Petition Denied As Legally Insufficient, IAS_IX-4352.
Petition Denied As Moot, IAS_IX-4353.
Petition Denied As Unecessary, IAS_IX-4354.
Psychological Examiners (See PSYCHOLOGICAL EXAMINERS, Bd. of), IAS_IX-4355.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Substantial Interest — Determination of Is Prospective Not Retrospective, IAS_IX-4356.
Substantial Interest — Independent From Merits of the Case, IAS_IX-4357.
Substantial Interest — Two (2) Prong Test For Examined, IAS_IX-4358.
Statutes Cannot Be Waived, IAS_IX-4359.
Substantial Hardship — Found, IAS_IX-4360.
Substantial Hardship — Found Lacking, IAS_IX-4361.
Substantial Hardship —
Defined & Discussed, IAS_IX-4362.
Disparate Treatment of Similarly-Situated Persons Is Germane, IAS_IX-4363.
Economic Impact Need Not Be Analyzed, IAS_IX-4364.
Scope of Accepted Hardships Is Broad & Examined, IAS_IX-4365.
Temporary Variance Granted, IAS_IX-4366.
Temporary, IAS_IX-4367.
Three (3) Requirements For Examined, IAS_IX-4368.