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ACCOUNTANCY, Bd. of
Prohibition On Competitive Bidding --
Competitive Bids Found Not to Be Inherently Misleading, IAS_I-0001-001.
Found Tantamount to Prohibition On Price Competition, IAS_I-0002-001.
Reversal of Affirmed As Violative of First Amendment to U.S. Constitution, IAS_I-0003-001.
Prohibition On In-Person Direct Solicitation --
Affirmed As Violative of First Amendment to U.S. Constitution, IAS_I-0004-001.

ADMINISTRATION Comm. (See Also COMMUNITY AFFAIRS (Comm. Aff.), Dept. of)

Amendments --
Challenge to Limited to Amendments -- Underlying Plan Cannot Also Be Assailed Ab Initio, IAS_I-0005-002.
Scrutinized Both Alone & In the Context of the Entire Plan, IAS_I-0006-001.
Subject to Scrutiny Regardless of Size, IAS_I-0007-001.
Broward County --
Dept. of Comm. Aff. & Intervenor Challenge to Amendment, IAS_I-0008-001.
City of St. Petersburg --
Intervenor Challenge to Amendment, IAS_I-0009-001.
Consistency With State Plan Discussed, IAS_I-0010-002.
Counties Are Required to Exercise Planning Authority For the Entire Unincorporated Area, IAS_I-0011-001.
Development Allowable Must Reflect Expected Future Growth, IAS_I-0012-001.
Hamilton County & Dept. of Comm. Aff. Stipulation -- Intervenor Challenge, IAS_I-0013-001.
Internal Consistency Discussed, IAS_I-0014-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) --
Amendment of Pleadings to Address Post-Petition Settlement Agreements, IAS_I-0015-001.
Burden of Proof Examined, IAS_I-0016-002.
Burden of Proof For Dept. of Community Affairs, IAS_I-0017-001.
Scope of Challenge In Face of Dept. of Community Affairs' Settlement, IAS_I-0018-001.
Standing -- Discussed, IAS_I-0019-001.
Standing -- Nonprofit Citizen Assoc., IAS_I-0020-001.
Lee County --
Intervenor Challenge to Amendment, IAS_I-0021-001.
Not In Compliance Determination --
Limited to Assailed Plan Amendment, IAS_I-0022-002.
Nature of Explored, IAS_I-0023-001.
Remedial Amendments Ordered In Lieu of Sanctions, IAS_I-0024-001.
Partial Noncompliance of a Plan --
An Entirely New Plan Need Not Be Resubmitted, IAS_I-0025-001.
Partial Revisions Are Expressly Provided For By Statute, IAS_I-0026-001.
Res Judicata Effect of Partial Approval, IAS_I-0027-001.
Sanctions Not Imposed -- Good Faith Effort to Address Issues Found, IAS_I-0028-001.
Presumption of Correctness, IAS_I-0029-001.
Requisite Data & Analysis In Support of, IAS_I-0030-001.
Santa Rosa County --
Dept. of Community Affairs Challenge, IAS_I-0031-001.
Sarasota County --
Intervenor Challenge, IAS_I-0032-001.
St. Lucie County --
Dept. of Comm. Aff. Challenge to Amendment, IAS_I-0033-001.
Urban Sprawl --
Defined, IAS_I-0034-001.
Plan Found to Fail to Discourage, IAS_I-0035-001.
Policy Disfavoring Discussed, IAS_I-0036-001.
Requisite Analysis Examined, IAS_I-0037-001.
Rules Regarding Found "Extraordinarily Complex & Unwieldly", IAS_I-0038-001.
Wakulla County --
Circuit Court Declares Null & Void, IAS_I-0039-001.
Intervenor Challenge, IAS_I-0040-001.
Walton County --
Intervenor Challenge -- Found Improperly Considered, IAS_I-0041-001.
Wetlands --
Counties Are Not Required to Duplicate State or Federal Regulations, IAS_I-0042-001.
Scope of Dept. of Community Affairs Review, IAS_I-0043-001.
Power to Reduce HRS Legislative Appropriation to Meet Revenue Shortfall -- None, IAS_I-0044-001.

ADMINISTRATION, Dept. of (See Also MANAGEMENT SERVICES, Dept. of; PUBLIC EMPLOYEES; RETIREMENT, Div. of)

Constitutional Defect Found In An Appropriations Bill That Modified Substantive Law, IAS_I-0045-001.
Jurisdiction Over Alleged Abandonment of Career Service Position, IAS_I-0046-001.

ADMINISTRATIVE HEARINGS, Div. of (DOAH) (See Also PRACTICE & PROCEDURE, Attorney's Fees & Costs, DOAH, Recommended Order; RULES & RULEMAKING)

Birth-Related Neurological Injury Compensation Plan --
1993 Statutory Amendment Transferring Jurisdiction to DOAH --
Found to Divest Judge of Claims Jurisdiction Subsequent to Hearing, IAS_I-0047-001.
Administrative Remedy -- Exclusivity (See Also DOAH Has Exclusive Jurisdiction) -- Certified Question to Fla. Supreme Court, IAS_I-0048-002.
Administrative Remedies Discussed In Detail, IAS_I-0049-001.
Administrator's Narrow Construction of Pertinent Statute Assailed By Appellate Court, IAS_I-0050-001.
Analogous to Workers' Compensation Claim System -- Construed In Pari Materia, IAS_I-0051-002.
Apportionment of Award Between Parents Divorced Since the Injury Examined, IAS_I-0052-001.
Attorney's Fees --
Awarded -- Calculation of Amount, IAS_I-0053-002.
Awarded -- Relatively "Simple No-Fault" Nature of This Proceeding Examined, IAS_I-0054-001.
Awards Are Available to Claimants Only - Not Hospitals, IAS_I-0055-001.
Attorney's Fees -- Motion For §55.03 Post-Judgment Award of Interest on Attorney's Fees Denied, IAS_I-0056-001.
Availability of Relief Through Collateral Sources, IAS_I-0057-001.
Basis For Calculating Damages Examined, IAS_I-0058-002.
Birth-Related Injury (See Also Birth-Related Neurological Injury) --
AIDS Babies -- Do Not Constitute, IAS_I-0059-001.
Catastrophic Defined & Discussed, IAS_I-0060-001.
Complications From Premature Birth Do Not Constitute, IAS_I-0061-001.
Defined & Discussed, IAS_I-0062-006.
Deformities Causes By Drug Abuse Do Not Constitute, IAS_I-0063-001.
Delivery Defined, IAS_I-0064-001.
Disparate Treatment of Injuries Found "Legitimate", IAS_I-0065-001.
Found Involved -- Certified Question to the Supreme Court, IAS_I-0066-001.
Found Involved, IAS_I-0067-003.
Found Lacking, IAS_I-0068-013.
Infant Found Ineligible Due to Birth Weight Less Than 2,500 Grams, IAS_I-0069-002.
Injury Found Congenital Therefore Not Birth-Related, IAS_I-0070-001.
Injury Found Not Permanent & Substantial, IAS_I-0071-002.
Injury Found Not to Constitute Substantial Physical Impairment, IAS_I-0072-002.
Injury Further Must Be "Neurological", IAS_I-0073-001.
Injury Predating Onset of Labor Is Not "Birth-Related", IAS_I-0074-001.
Judge of Compensation Claims Refusal to Transfer Case to DOAH Remedied, IAS_I-0075-001.
Labor Defined, IAS_I-0076-001.
Mental & Physical Impairment -- Conjunctive Nature of This Requirement, IAS_I-0077-002.
Must Be Catastrophic In Order to Be Covered, IAS_I-0078-001.
Birth-Related Injury Found Not Involved, IAS_I-0079-003.
Birth-Related Neurological Injury (See Also Birth-Related Injury) --
Brain or Spinal Cord Injury Found, IAS_I-0080-001.
Brain or Spinal Cord Injury Found Not Involved, IAS_I-0081-012.
Defined & Discussed -- Rebuttable Presumption of § 766.309(1) Discussed, IAS_I-0082-001.
Found Lacking, IAS_I-0083-004.
Permanent & Substantial Impairment Found Lacking, IAS_I-0084-001.
Permanent & Substantial Injury Defined & Discussed, IAS_I-0085-002.
Permanent Defined & Discussed, IAS_I-0086-001.
Post-Delivery Injuries Are Not Compensable, IAS_I-0087-001.
Presumptions Regarding Examined, IAS_I-0088-002.
Birth-Related Neurological Injury Defined & Discussed -- Mental and/or Physical, IAS_I-0089-002.
Claimant Has the Burden of Proof, IAS_I-0090-025.
Common Law Damages Examined, IAS_I-0091-001.
Compensation -- Claim Found to Be Non-Compensable, IAS_I-0092-002.
Compensation -- Determination of Amount -- Statutory Guidelines, IAS_I-0093-001.
DOAH Has Exclusive Jurisdiction --
Cannot Be Circumvented By Petitioner Alleging That the Injury Is Not Covered By the Plan, IAS_I-0094-004.
Certified Question to the Supreme Court Regarding, IAS_I-0095-002.
Circuit Court Abatement Pending DOAH Review, IAS_I-0096-001.
Circuit Court Suit Not Automatically Abated By Administrative Claim Under the Plan, IAS_I-0097-004.
DOAH Determination Is Not Prerequisite to Circuit Court Suit, IAS_I-0098-002.
DOAH Intrusion On Circuit Court Jurisdiction Carefully Surveyed, IAS_I-0099-001.
DOAH Jurisdiction -- Jury Must Decide Factual Issue Requisite to Determination of Whether DOAH Jurisdiction Attaches, IAS_I-0100-001.
Exclusivity of This Administrative Remedy Noted, IAS_I-0101-001.
Failure of Physician to Give Notice of NICA Limitations On Liability (See Notification of NICA Limitation on Liability), IAS_I-0102-002.
Petitioner Utilizes As An Affirmative Defense to Circuit Court Action, IAS_I-0103-001.
Strictly Construed Because It Is In Derogation of Common Law, IAS_I-0104-003.
Failure of Dept. of Insurance Panel to Prepare §766.308(1) Report No Bar to Recovery, IAS_I-0105-001.
Failure of Physician to Give Notice of NICA Limitations On Liability (See Notification of NICA Limitation on Liability), IAS_I-0106-002.
Funding of the Plan Examined, IAS_I-0107-001.
Funds Are Imbued With the Public Trust, IAS_I-0108-001.
Language of Statute Found In Conflict With Stated Legislative Policy, IAS_I-0109-001.
Legal Representative Defined & Discussed, IAS_I-0110-001.
Mechanics of Plan Examined, IAS_I-0111-044.
Medically Necessary & Reasonable Defined & Discussed, IAS_I-0112-002.
Medically Necessary & Reasonable Services Defined, IAS_I-0113-001.
Natural Father -- No Marriage -- No Support -- No Claim, IAS_I-0114-001.
Notification of NICA Limitation On Liability --
Condition Precedent to NICA Exclusivity, IAS_I-0115-001.
DOAH Hearing Officer Refuses to Rule On This Issue, IAS_I-0116-001.
Failure to Provide Creates Normal Circuit Court Civil Liability, IAS_I-0117-005.
Failure to Provide, IAS_I-0118-005.
Informed Patient Choice Is Mandatory, IAS_I-0119-001.
Medicaid Patients At Public Health Unit, IAS_I-0120-001.
Notice On Behalf of Hospital Does Not Satisfy the Physician's Separate Obligation, IAS_I-0121-001.
Patient's Alleged Inability to Make An "Effective Choice", IAS_I-0122-001.
Purpose of Discussed, IAS_I-0123-001.
On Motion For Rehearing: Dr. Fred A. Turner, et al., IAS_I-0124-001.
On Motion For Rehearing: Dr. Fred A. Turner, et al., IAS_I-0125-001.
Petitioner Pursuing Parallel Circuit Court Suit --
Petition to Establish Injury As Ineligible Under the Plan Dismissed, IAS_I-0126-001.
Physician Choice to Opt In Or Out of Plan Discussed, IAS_I-0127-001.
Physician Found Not to Be a "Participating Physician", IAS_I-0128-008.
Physician Found to Be a "Participating Physician", IAS_I-0129-021.
Physician Or Health Care Provider Lacks Standing to Pursue Claim On Behalf of Infant, IAS_I-0130-001.
Physician Who Only Participated In a Post-Delivery Resuscitation Found to Be a Participating Physician, IAS_I-0131-001.
Purpose of Plan Examined, IAS_I-0132-053.
Purpose of the Plan Exhaustively Explained, IAS_I-0133-001.
Quote From a Court: "Unfortunately, NICA Is Not Without Defects", IAS_I-0134-001.
Relatively "Simple No-Fault" Nature of This Proceeding Examined, IAS_I-0135-001.
Settlement Approved -- DOAH Reserves Jurisdiction, IAS_I-0136-001.
Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IAS_I-0137-003.
Substantial Defined & Discussed, IAS_I-0138-001.
Tolling of Medical Malpractice Statute of Limitations -- Administrative Petition Under the Plan -- Effect On, IAS_I-0139-001.
Worker's Compensation -- Parallels -- Statutory Substitute For Common Law, IAS_I-0140-001.
Workers' Compensation -- Caselaw Thereunder Found Analogous, IAS_I-0141-001.
Budgeting of Agency Operating Expenses For DOAH Hearings --
Hourly As Opposed to Lump-Sum Budgeting Appropriation For School Boards Upheld, IAS_I-0142-001.
Public Entity Crime -- Fla. Convicted Vendor List (See Also CONTRACTS (Bids/Protests); MANAGEMENT SERVICES, Dept. of) --
Convicted Persons Found Not Actively Involved In Management, IAS_I-0143-001.
Criminal Plea, IAS_I-0144-001.
Dept. of Management Services Has the Ultimate Burden of Proof, IAS_I-0145-001.
Exclusion From List Granted, IAS_I-0146-001.
Inclusion On List Cancelled By Stipulation, IAS_I-0147-001.
Inclusion On List Denied Due to Insufficient Proof, IAS_I-0148-004.
Report of Public Hearing --
Banking & Finance --
Application For Authority to Organize a Proposed New Trust Company, IAS_I-0149-001.
Land & Water Adjudicatory Comm. --
Rule to Establish Central Viera Community Development Dist., IAS_I-0150-001.
Vested Rights Determination Against the Provisions of the 2010 Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of) --
Equitable Vesting Is Equivalent to Equitable Estoppel, IAS_I-0151-001.
Not All Costs Need Be Exclusively Attributed to Each and Every Part of the Overall Project, IAS_I-0152-001.
Residential Subdivision -- Clay County, IAS_I-0153-002.
Statutory Vis Common Law Vesting, IAS_I-0154-001.
There Is No Reasonable Time to Develop Rule For Large Projects, IAS_I-0155-001.
Violation of Job Search Regulations -- Labor & Employment Security --
Bogus Job Search, IAS_I-0156-001.
Federal Caselaw Is Pertinent, IAS_I-0157-001.

AGRICULTURE & CONSUMER SERVICES, Dept. of

Applicability of Found Not Raised Below Therefore Not Subject to Appellate Review, IAS_I-0158-001.
Contract (See Also CONTRACTS) --
Failure to Pay --
Citrus, IAS_I-0159-001.
Pesticide - Sensitive Designation --
Statutory Framework Governing Examined, IAS_I-0160-001.

ALACHUA COUNTY

Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-0161-001.
Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-0162-001.

ALACHUA COUNTY SCHOOL BOARD (See SCHOOL BOARDS)

ALCOHOLIC BEVERAGE LICENSE (See Also DBPR (BUSINESS & PROFESSIONAL REGULATION, Dept. of)

Package Store -- Assessment Dismissed, IAS_I-0163-001.
Excise Tax Exemption Struck Down --
Alcohol Produced From Locally Grown Products, IAS_I-0164-001.
Remedy Fashioned Which Is Prospective In Nature, IAS_I-0165-001.
Notice to Show Cause --
Criminal Conviction -- Federal Tax Violations, IAS_I-0166-001.
Criminal Conviction -- Felony -- Absence of Corresponding Florida Felony Statute, IAS_I-0167-001.
Failure of Licensee to Appear -- Revocation Reversed, IAS_I-0168-001.
Lewd & Lascivious Behavior Defined & Discussed, IAS_I-0169-001.
Lewd & Lascivious Behavior On Licensed Premises -- § 561.29(1)(a) Found Constitutional, IAS_I-0170-001.
Lewd & Lascivious Behavior On Licensed Premises, IAS_I-0171-001.
Obstruction of Investigation By Law Enforcement Officers, IAS_I-0172-001.
Sale of Alcoholic Beverages Outside of Allowable Hours, IAS_I-0173-001.
Vicarious Liability of Licensee For Misconduct of Employees Examined, IAS_I-0174-001.
Strict Regulation of --
Authority to Sell Alcohol Is a Privilege Not a Right, IAS_I-0175-001.
Purpose of Examined, IAS_I-0176-001.
State Has Absolute Power to Totally Prohibit Sale of Alcohol, IAS_I-0177-001.

APPELLATE REVIEW (See Also CONSTITUTION (Fla) (U.S))

Prerequisite For Review --
Four (4) Part Test Examined & Found Not Satisfied, IAS_I-0178-001.
Advisory Opinion --
Court Finds No Authority For, IAS_I-0179-001.
Court Generally Avoids As Improper, IAS_I-0180-001.
Marine Net Ban Constitutional Initiative Found Valid, IAS_I-0181-001.
Supreme Court Grants Governor's Request For, IAS_I-0182-001.
Tax Limitation Initiative Found Valid, IAS_I-0183-001.
Agency Jurisdiction Divested Pending Appellate Review, IAS_I-0184-003.
Appellate Court --
Amendment of Rules of Appellate Procedure to Reflect Amendments to §120, IAS_I-0185-001.
Cannot Second Guess Funding Choices of the Legislature, IAS_I-0186-001.
Cannot Second Guess Policy Choices of State Agencies Overseen By the Legislature, IAS_I-0187-001.
Cannot Second Guess Wisdom of the Legislature, IAS_I-0188-001.
Decides to Meet En Banc On Its Own Motion, IAS_I-0189-001.
Effective Date of Decision Discussed, IAS_I-0190-001.
Mandate -- Agency Compliance With Is A Mandatory Yet Ministerial Act, IAS_I-0191-001.
Matters Not Properly Raised Cannot Be Heard At Oral Argument, IAS_I-0192-001.
Attorney's Fees (See PRACTICE & PROCEDURE)
Certiorari (See Also Circuit Court) --
Appropriate For Review of Interlocutory Order Denying Motion For Jury Trial, IAS_I-0193-001.
Cannot Be Utilized to Obtain a Second Appeal, IAS_I-0194-002.
Limited Scope of Review, IAS_I-0195-001.
Motion to Dismiss Granted With Leave to Amend, IAS_I-0196-001.
Petition For Appellate Review Treated As Petition For, IAS_I-0197-001.
Questions Regarding Immunity or Jurisdiction, IAS_I-0198-001.
Review of Circuit Court Certiorari Appeal Discussed, IAS_I-0199-005.
Review of Circuit Court Grant of Motion to Dismiss Without Prejudice, IAS_I-0200-002.
Review of Circuit Court Review Is By Certiorari, IAS_I-0201-003.
When Appropriate, IAS_I-0202-001.
Circuit Court --
Attorney's Fees & Costs -- Sua Sponte Consideration of Motion For Found Appropriate, IAS_I-0203-001.
Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE)
Bond Required By Statute -- Tax Assessment Challenges --
Court Found to Have Discretion to Waive, IAS_I-0204-001.
Certiorari (See Also Certiorari) --
Although Original In Form This Proceeding Is Appellate In Nature When An Inferior Tribunal's Order Is Involved, IAS_I-0205-001.
Appellate Certiorari Review of, IAS_I-0206-001.
Appellate Review By District Courts of Appeal, IAS_I-0207-002.
Appellate Review of Denial of, IAS_I-0208-003.
Appellate Review of, IAS_I-0209-001.
Erroneous Refusal to Exercise Jurisdiction, IAS_I-0210-001.
Limited Scope of Review Examined, IAS_I-0211-001.
Orders Either Quashed or Affirmed - Not Modified, IAS_I-0212-001.
Parameters of Examined, IAS_I-0213-005.
Clerk --
Applicability of §119 Public Records Act, IAS_I-0214-001.
Immunity From Legislative Oversight Examined, IAS_I-0215-001.
Status As Autonomous Elected County Officer Within the Judicial Branch of Government, IAS_I-0216-001.
Declaratory Judgment (See Also Declaratory Judgment) --
Existence of Other Adequate Remedy Does Not Preclude, IAS_I-0217-001.
Necessity of Joinder of All Interested Governmental Parties For Issue of Statewide Importance, IAS_I-0218-001.
Prison Inmate Rule Challenge, IAS_I-0219-001.
Purpose of Examined, IAS_I-0220-002.
Standards Governing Examined, IAS_I-0221-002.
Statute Regarding to Be Liberally Construed, IAS_I-0222-001.
Dismissal of Appeal As Untimely Reversed, IAS_I-0223-001.
Election of Remedies -- Bar to Parallel Administrative Proceeding, IAS_I-0224-002.
Enforcement --
Discussed, IAS_I-0225-001.
Exhaustion of Administrative Remedies -- (See Also Exhaustion of Administrative Remedies) --
Failed Bank -- Resolution Trust Corp. (RTC) -- Federal APA, IAS_I-0226-001.
Extraordinary Remedies (See Mandamus, Prohibition)
Failure of Business to Register to Do Business In Fla. --
Bar to Participating In State Court Suits Inapplicable to Administrative Proceedings, IAS_I-0227-001.
Grant of Motion to Dismiss With Leave to Amend Ordinarily Not Reviewable By Certiorari, IAS_I-0228-002.
Injunction --
Against Agency -- Dissolved For Failure to Exhaust Administrative Remedies, IAS_I-0229-001.
Against Agency's Administrative Proceeding -- Reversed, IAS_I-0230-001.
Against Agency's Award of Competitive Contract -- Reversed, IAS_I-0231-001.
Dismissal of Complaint For Reversed, IAS_I-0232-001.
Four (4) Part Test For Entitlement to, IAS_I-0233-001.
Permanent -- Reversed, IAS_I-0234-001.
Standard Governing Grant of In Case Involving Agency Failure to Fulfill Statutory Mandate, IAS_I-0235-001.
Temporary -- Adequate Remedy At Law Discussed, IAS_I-0236-001.
Temporary -- Four (4) Part Test For, IAS_I-0237-001.
Temporary -- Grant of Reversed, IAS_I-0238-001.
Temporary -- Irreparable Harm -- Loss of Business Does Not Constitute, IAS_I-0239-001.
Temporary -- Petitioner's Burden of Proof Subsequent to Grant of, IAS_I-0240-001.
Temporary -- Purpose & Effect of, IAS_I-0241-001.
Temporary -- Reversed, IAS_I-0242-002.
Temporary -- When Appropriate Examined, IAS_I-0243-001.
Issues Tried By Consent Are Treated As Properly Plead, IAS_I-0244-001.
Judgments Cannot Be Collaterally Attacked In a §120.57 Administrative Proceeding, IAS_I-0245-001.
Judgments Presumed Valid, IAS_I-0246-001.
Jurisdiction --
Limited Only By Constitution or Statute, IAS_I-0247-001.
Plenary Nature of, IAS_I-0248-001.
Jury Trial -- Improper Hearsay Testimony -- Mistrial, IAS_I-0249-001.
Motion to Strike a Complaint Found Improperly Granted, IAS_I-0250-001.
Nonfinal Order (See Also Nonfinal Order) --
Appellate Review Found Proper, IAS_I-0251-002.
Dismissal For Failure to Exhaust Administrative Remedies, IAS_I-0252-001.
Reversed, IAS_I-0253-002.
Parallel Administrative Proceeding Stayed While Suit Was Pending, IAS_I-0254-001.
Primary Jurisdiction --
Doctrine of Exhaustively Explored, IAS_I-0255-001.
Summary Judgment --
Continuance Denied Where Outstanding Discovery Items Were Deemed Immaterial, IAS_I-0256-001.
Improper If There Are Disputed Issues of Fact, IAS_I-0257-001.
Improper If There Are Disputed Issues of Material Fact, IAS_I-0258-002.
Taxation (See Also TAXATION) --
§551 Pari-Mutuel Wagering Tax -- Exclusive Circuit Court Jurisdiction, IAS_I-0259-001.
Venue (See Also Venue) --
Civil Action Brought Against State -- Lies Where Agency Maintains Principal Headquarters, IAS_I-0260-002.
Correct Venue Is An "Absolute Privilege", IAS_I-0261-001.
Sword-Wielder Doctrine Discussed & Found Inapplicable, IAS_I-0262-002.
Confession of Error --
Accepted -- Motion to Relinquish Jurisdiction Construed As, IAS_I-0263-001.
Accepted, IAS_I-0264-002.
Agency Motion For Remand to DOAH Treated As, IAS_I-0265-001.
Constitutional Challenges (See Also CONSTITUTION (Fla.) (U.S.)) --
Can Be Considered De Novo In Appeal From Administrative Proceeding, IAS_I-0266-001.
Class Action Proper Vehicle For, IAS_I-0267-001.
Sovereign Immunity Does Not Insulate a State From Such Challenges, IAS_I-0268-001.
Will Not Be Reached If Unnecessary to Disposition of a Case, IAS_I-0269-002.
Declaratory Judgment (See Also Circuit Court) --
Bona Fide Actual Present & Practical Need For Is Necessary, IAS_I-0270-001.
Purpose of Examined, IAS_I-0271-001.
Emergency Administrative Orders (See Also PRACTICE & PROCEDURE, Emergency) --
Scope of Review Examined, IAS_I-0272-002.
Exclusivity of the Administrative Remedy --
Found to Encourage More Uniform Standards, IAS_I-0273-001.
Exhaustion of Administrative Remedies (See Also Circuit Court) --
A Matter of Judicial Policy Not Power or Jurisdiction, IAS_I-0274-001.
Agency Cannot Transfer Its Primary Jurisdiction to a Circuit Court, IAS_I-0275-001.
Agency Transfer of Previously Dismissed Petition to DOAH While Appellate Review Was Pending, IAS_I-0276-001.
Constitutional Challenge to Facial Validity of Rule & Statute, IAS_I-0277-001.
Deference to Administrative Process -- Circuit Court Injunction Vacated -- Bid Protest, IAS_I-0278-001.
Deference to Administrative Process, IAS_I-0279-001.
Exception For Challenges to Agency Jurisdiction Examined & Found Not Satisfied, IAS_I-0280-002.
Explored, IAS_I-0281-001.
Failure to Oppose Stay of Parallel Administrative Proceedings Does Not Waive This Issue, IAS_I-0282-001.
Not Required If the Administrative Remedy Is Inadequate or Unavailable, IAS_I-0283-001.
Requiring Initial Administrative Proceeding Is Not a Denial of Access to Courts, IAS_I-0284-001.
Exhaustion of Administrative Remedies, IAS_I-0285-001.
Extraordinary Remedies (See Also Mandamus, Prohibition; CORRECTIONS) --
Availability of Explored, IAS_I-0286-001.
Equitable Principles Govern, IAS_I-0287-001.
Fact Findings (See Also Scope of Review; PRACTICE & PROCEDURE, DOAH, Recommended Order) --
Absence of Requisite Fact Findings Below Found to Compel Remand, IAS_I-0288-001.
Agency Special Expertise -- Requisite Deference, IAS_I-0289-001.
Cannot Be Disturbed If Supported By "Some" Competent, Substantial Evidence, IAS_I-0290-006.
Court Cannot Reweigh the Evidence, IAS_I-0291-004.
Court Rejects After Review, IAS_I-0292-001.
Court Will Not Substitute Its Judgment, IAS_I-0293-001.
Disputed Facts -- Courts Can & Will Reverse Denial of Hearing On, IAS_I-0294-001.
Failure to File Exceptions Below Precludes Appellate Review, IAS_I-0295-001.
Failure to File Exceptions to Before DOAH Precludes Appellate Review, IAS_I-0296-001.
Found Inadequate, IAS_I-0297-001.
Found Insufficient For Appellate Review, IAS_I-0298-002.
Fast Track Appeal, IAS_I-0299-001.
Jurisdiction (See Also DISCIPLINE; PRACTICE & PROCEDURE) --
Issue Regarding Cannot Be Waived or Ignored, IAS_I-0300-001.
Mandamus (See Also Extraordinary Remedies; Prohibition; CORRECTIONS) --
Denied On Basis of Adequate Remedies Under §120.68(1), IAS_I-0301-001.
Denied, IAS_I-0302-002.
Equitable Principles Govern, IAS_I-0303-001.
Failure of An Agency to Expeditiously Pursue An Administrative Complaint, IAS_I-0304-001.
Improper If Continued Judicial Supervision Is Required, IAS_I-0305-001.
Improper If For Prevention of Future Harm, IAS_I-0306-001.
Improper When Material Issues of Fact Exist, IAS_I-0307-001.
Issuance of Modified, IAS_I-0308-001.
Issuance of Reversed, IAS_I-0309-002.
Issued to Compel DOAH to Accept Remand, IAS_I-0310-001.
Petition For Writ of Prohibition Treated As, IAS_I-0311-001.
Requisite Showing For Relief, IAS_I-0312-002.
Supreme Court Original Jurisdiction -- When Appropriate, IAS_I-0313-001.
When Appropriate -- Mechanics of Examined, IAS_I-0314-003.
Mootness --
Appellate Review Is Not Available, IAS_I-0315-001.
Court Finds Issue Not Moot Over Contrary Circuit Court Holding --
Constitutionality of §163 -- Growth Management Act, IAS_I-0316-001.
Court Overlooks Finding "This Matter Is One Capable of Repetition", IAS_I-0317-001.
Nonfinal Order (See Also Circuit Court) --
Agency Modification of During Appeal Precludes Review, IAS_I-0318-001.
Appellate Review Found Not Proper --
Denial of Motion of Dismiss, IAS_I-0319-001.
Appellate Review Found Not Proper, IAS_I-0320-004.
Appellate Review Found Proper --
Accorded On Emergency Basis, IAS_I-0321-001.
Appellate Review Found Proper, IAS_I-0322-004.
Availability of Appellate Review, IAS_I-0323-001.
Denial of Agency Motion to Abate Due to Improper Venue, IAS_I-0324-001.
Emergency Suspension of Permit -- Review Found Not Proper Until Emergency Hearing Is Held, IAS_I-0325-001.
Finality Is An All Facts & Circumstances Test --
Title of the Order Is Not Dispositive, IAS_I-0326-001.
Inadequacy of Record Found to Limit Review, IAS_I-0327-001.
Lack of An Otherwise Adequate Remedy Discussed, IAS_I-0328-001.
Leaves No Issues Remaining For Further Determination, IAS_I-0329-001.
Pertinent Statutes & Rules Governing Examined, IAS_I-0330-001.
Reversed, IAS_I-0331-001.
Notice of Appeal --
Alleged Failure to Receive Final Order Rejected, IAS_I-0332-001.
Filing of Divests Agency Jurisdiction, IAS_I-0333-001.
Premature -- Implications of, IAS_I-0334-001.
Time Limit For Filing Not Commenced By Defective Final Order, IAS_I-0335-001.
Treated As Petition For Certiorari, IAS_I-0336-001.
Notice of Right to --
Agency's Final Order Found to Lack Requisite Notice Thus Void As Such, IAS_I-0337-001.
Penalty (See Also DISCIPLINE; PRACTICE & PROCEDURE, DOAH, Recommended Order) --
Appellate Review of Agency Rejection of Recommendation, IAS_I-0338-001.
Reconsideration of Ordered After One of Two Violations Reversed On Appeal, IAS_I-0339-001.
Scope of Review Is Limited, IAS_I-0340-001.
Pending Appeals Quashed By Statutory Abolition of §120 Rights --
Prison Inmate Rule Challenges, IAS_I-0341-001.
Per Curiam Opinion --
No Precedential Value, IAS_I-0342-001.
Preservation of Error For Appeal --
Issues Not Proved Up Below Cannot Be Reached, IAS_I-0343-001.
Issues Not Raised & Ruled On Below Cannot Be Reached, IAS_I-0344-005.
Issues Waived Below Cannot Be Reached, IAS_I-0345-004.
Pro Se Appellants --
Leeway Accorded On Defects In Pleadings, IAS_I-0346-001.
Prohibition (Writ of) (See Also Extraordinary Remedies, Mandamus) --
Cannot Be Used to Stay Valid Criminal Prosecution, IAS_I-0347-001.
Denied, IAS_I-0348-003.
Granted, IAS_I-0349-002.
Petition For Is An Original Proceeding, IAS_I-0350-001.
Petition For Treated As One For Writ of Mandamus, IAS_I-0351-001.
Standards Governing Grant of Examined, IAS_I-0352-001.
Record --
Agency Cannot Change Its Position On Appeal to Justify Actions Below, IAS_I-0353-001.
Appellate Court Cannot Review Matters Outside of, IAS_I-0354-002.
Cannot Be Supplemented In Appendix to Reply Brief, IAS_I-0355-001.
Failure to Provide Transcript of Proceeding Below Precludes Review, IAS_I-0356-001.
Importance of Adequate Record Discussed, IAS_I-0357-001.
Remedies --
Courts "Have An Obligation" to Provide "Whatever Relief Is Appropriate", IAS_I-0358-001.
Rules (See Also RULES & RULEMAKING, Appellate Review) --
Direct Appeal --
1992 Statutory Prohibition On Upheld, IAS_I-0359-001.
Rules of Appellate Procedure --
Apparently Mandatory Statutory Language Found Not to Supersede, IAS_I-0360-001.
Scope of Review (See Also Fact Findings) --
Final Conclusion Or Judgment Reviewed Not Reasons Therefor, IAS_I-0361-001.
Matters Outside of Notice of Appeal Cannot Be Reached, IAS_I-0362-001.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) --
Standing to Intervene In Administrative Proceeding Distinguished From Standing to Seek Appellate Review, IAS_I-0363-001.
Stare Decisis (See Also PRACTICE & PROCEDURE) --
Importance of In Appellate Review Examined, IAS_I-0364-001.
Statutes (See Also STATUTES) --
Agency Construction Need Merely Be Within Permissible Range, IAS_I-0365-001.
Agency Construction Will Not Be Overturned Unless Clearly Erroneous, IAS_I-0366-002.
Amendment -- Substituted Opinion Entered Finding Amendment to Be Retroactive, IAS_I-0367-001.
Applicability --
Law At Time of Appellate Court Review, IAS_I-0368-001.
Available Constitutional Interpretation Is Obligatory, IAS_I-0369-002.
Court Deference to Agency Construction Is Diminished When Penal Provisions Are Construed, IAS_I-0370-001.
Courts Cannot Supplant Vague or Inadequate Statutory Directives, IAS_I-0371-001.
Courts Merely Interpret and Cannot Legislate, IAS_I-0372-001.
Judicial Finding That Newly Amended Statute Is Unconstitutional Revives the Predecessor Statute, IAS_I-0373-001.
Standard Governing Appellate Review, IAS_I-0374-001.
Stay --
Agency Discretion to Grant Pending Appeal Examined, IAS_I-0375-001.
Automatic -- Agency -- Bond Requirements, IAS_I-0376-001.
Bonds & Other Conditions Discussed, IAS_I-0377-002.
Denied, IAS_I-0378-002.
Effect of Examined, IAS_I-0379-001.
Emergency Suspension of License, IAS_I-0380-001.
Granted -- Bid Protest, IAS_I-0381-001.
Granted, IAS_I-0382-003.
Parallel Administrative Proceeding Stayed Pending Resolution of Circuit Court Suit, IAS_I-0383-001.
Penalty Imposed Below Takes Effect On the Date of Appellate Mandate Affirming Same, IAS_I-0384-001.
Presumption Utilized In Considering Motion For, IAS_I-0385-001.
Revision of, IAS_I-0386-001.
Should Be First Sought From Agency Before Appellate Motion For, IAS_I-0387-001.
Should Be Sought At Time Appellate Proceedings Commence, IAS_I-0388-001.
Substituted Opinion --
Newly Amended Statute Found to Apply Retroactively So As to Void Previous Opinion, IAS_I-0389-001.
Supreme Court --
Certified Question Jurisdiction --
Court Rephrases the Question Before Answering, IAS_I-0390-001.
Declined With Stipulation of Parties -- Gessler, IAS_I-0391-001.
Conflict Jurisdiction --
Found Improvidently Granted, IAS_I-0392-001.
Taxation (See TAXATION)
Venue (See Also Circuit Court) --
Civil Suit Against State Agency --
Location of Principal Headquarters, IAS_I-0393-001.
Sword-Wielder Exception Discussed & Found to Be Inapplicable, IAS_I-0394-001.
Court Transfers Case On Its Own Motion, IAS_I-0395-002.
Party Filing Suit In Improper Venue Must Pay the Transfer Fee, IAS_I-0396-001.
Specific Proviso Found to Prevail Over Conflicting General Proviso of §120.68(2), IAS_I-0397-001.

ARCHITECTURE & INTERIOR DESIGN, Bd. of

Application --
Educational Requirements Found Lacking -- Affirmed, IAS_I-0398-001.
Requisite Internship Discussed, IAS_I-0399-001.
Licensure -- Interior Designer --
Application -- By Endorsement --
Default Licensure Found Appropriate, IAS_I-0400-001.
Interior Design Committee Cannot Act On An Application, IAS_I-0401-001.

AREA OF CRITICAL STATE CONCERN (See Also LAND & WATER ADJUDICATORY COMM.)

Balancing of Private Property Rights & Public Interest Discussed, IAS_I-0403-001.
Big Pine Key --
Construction of Fences --
Ban On Declared Constitutional -- Supreme Court, IAS_I-0404-001.
Ban On Declared Unconstitutional, IAS_I-0405-001.
Impact On Key Deer Examined, IAS_I-0406-002.
Local & Statutory Designations As Examined, IAS_I-0407-001.
Necessity For Both Local & State Approval, IAS_I-0408-001.
Purpose of This Program Examined, IAS_I-0409-003.
Tension Between Private Property Rights & Environmental Protection Examined, IAS_I-0410-001.

ATTORNEY GENERAL'S OPINIONS

Question As to Validity of Terminal Pay For Both Union & Nonunion Employees, IAS_I-0411-001.
Attorney General Has No Authority to Interpret Federal Law, IAS_I-0412-001.
Attorney General Must Presume Validity of Duly Enacted Statutes, IAS_I-0413-001.
Attorney General Will Not Reach Factual Issues, IAS_I-0414-001.
Brevard County Supervisor of Elections --
Right of Public to Inspect Ballots, IAS_I-0415-001.
Broward County Sheriff --
Public Records -- Status of Deputy's Event Report Involving Mental Health Act, IAS_I-0416-001.
Cape Coral City Attorney --
Public Records -- Status of Policy Report Involving Criminal Child Abuse, IAS_I-0417-001.
Question As to Whether Written Notice of Investigation of a Law Enforcement Officer Is a Public Record, IAS_I-0418-001.
Central Broward Drainage Dist. --
Limitation On Reimbursement of Commissioner Travel Expenses, IAS_I-0419-001.
City of Cape Canaveral --
Authority of Code Enforcement Board to Enforce Tree Ordinance, IAS_I-0420-001.
City of Miami Beach --
Authority of Member of Museum Bd. of Trustees to Participate In Meetings By Telephone, IAS_I-0421-001.
City of Port St. Lucie --
Applicability of Sunshine Law to Meeting Between Mayor & Mayor-Elect Not In Office, IAS_I-0422-001.
Public Records Attorney Work Product Exemption Found to Survive Transfer of Litigation to County Attorney, IAS_I-0423-001.
Collier County --
Authority of County to Enact An Ordinance Regulating Mullet Fishing Vessels, IAS_I-0424-001.
Commerce (Dept. of) --
Applicability of Sunshine Law/Competitive Bidding Law & Public Records Act to Bd. of Directors of Enterprise Florida Inc., IAS_I-0425-001.
Authority to Approve Inter-Municipal Transportation Project In Event of Local Dispute, IAS_I-0426-001.
Commission For Management of Low Level Radioactive Waste --
Chairman Found to Hold "State Office" --
Constitution Prohibition Against Dual Office Holding Found to Preclude Additional Position, IAS_I-0427-001.
Primary Duties & Responsibilities of Examined, IAS_I-0428-001.
Community Health Purchasing Alliance Bd. of Directors --
Authority to Create Advisory Committees Examined, IAS_I-0429-001.
Comptroller --
Status of $10.00 Gift Certificate Purchased After 5/15/89 As §717 Unclaimed Property, IAS_I-0430-001.
Construction Industry Lic. Bd. --
Statutory Restrictions On Local Licensing of Persons Working Under Certified or Registered Contractors, IAS_I-0431-001.
DEP (Dept. of Environmental Protection) --
No Need For Further Legislative Approval of the Restoration of the Oklawaha River Found, IAS_I-0432-001.
Dade County School Bd. --
Question As to the Authority of the Bd. to Expand Special School Security Officer's Powers of Arrest to Incidents Off School Grounds, IAS_I-0433-001.
Dania City Attorney --
Authority to Impose Head Tax At Jai Alai Fronton -- State Preemption, IAS_I-0434-001.
Education --
Criminal Record Expungement --
Duty of Applicant For Teaching Certificate to Disclose History, IAS_I-0435-001.
Duty of Education Practices Comm. (EPC) to Keep Confidential, IAS_I-0436-001.
Environmental Protection, Dept. of (DEP) (See Also Internal Improvement Trust Fund) --
Engineers -- Requirement For Employees of U.S. Corps of Engineers To Hold Fla. License In Order to Secure DEP Permits, IAS_I-0437-001.
HRS (Health & Rehabilitative Services, Dept. of) General Counsel --
Authority to Pay Personal Attorney's Fees For Employee Testifying Before a Grand Jury, IAS_I-0438-001.
Authorization of HRS to Release Various Confidential Records to Health & Human Services Boards, IAS_I-0439-001.
District Case Review Committees --
Discussion of Confidential Information Provides No Exemption From Sunshine Law, IAS_I-0440-001.
Health & Human Services Bd. Member --
An Officer of the State For Purposes of Sovereign Immunity, IAS_I-0441-001.
Question As to Whether An Employee Can Waive Their Rights Regarding Confidentiality Under the "Whistle-Blower's" Act, IAS_I-0442-001.
Question As to the Legal Authority of HRS to Enter Into a Hold Harmless Agreement, IAS_I-0443-001.
Health Care Administration, Agency For (AHCA) General Counsel --
Licensed Nurse Found Authorized to Directly Contract With a Patient, IAS_I-0444-001.
Question As to the Meaning of "Identifying Information" As That Term Is Used In §641.515(2), IAS_I-0445-001.
Healthy Families Corporation Attorney --
Question As to the Applicability of the Sunshine Law to a §395.0193 Quality Assurance Program Related to a School-Based Health Insurance Program, IAS_I-0446-001.
Highway Safety & Motor Vehicles (HSMV) -- Executive Director --
Commissions From Coin Telephones Can Be Paid Into Employee Benefit Fund, IAS_I-0447-001.
Question As to Authority to Release An Impounded Vehicle Without a Court Order, IAS_I-0448-001.
Hillsborough County Civil Service Board Director --
Obligation to Hold Position Open For Those On Active U.S. Military Duty, IAS_I-0449-001.
Human Rights Advocacy Committee --
Authority to Release Redacted Copies of Abuse Complaints, IAS_I-0450-001.
Insurance Commissioner --
Applicability of Sunshine & Public Records Law to Fla. Windstorm Underwriting Assoc., IAS_I-0451-001.
Joint Underwriting Assoc. (JUA) --
Business Records Found Not Exempt From Public Records Act As Trade Secrets, IAS_I-0452-001.
Internal Improvement Trust Fund --
Authority of Bd. to Waive §259.041 Procedures When Acquiring State-Owned Lands For Preservation, Conservation & Recreation, IAS_I-0453-001.
Juvenile Justice --
Service Providers -- Indemnity Clauses Found Mandatory For Private But Not Public Providers, IAS_I-0454-001.
Lafayette County Commissioners --
Responsibility of County For Hospital Bill For Involuntary Baker Act Commitment, IAS_I-0455-001.
Lake County Commissioners --
Authority to Use Tourist Development Taxes to Buy Land For State Museum, IAS_I-0456-001.
Lee County Property Appraiser --
Question As to Effective Date & Mechanics of Const. Amendment Restricting Homestead Valuation, IAS_I-0457-001.
Legislative Committee On Governmental Operations --
Applicability of Public Records Law to §163.356 Community Redevelopment Agency, IAS_I-0458-001.
Local State Attorney --
Question As to Whether Driver History Records of DHMV Are Public Records, IAS_I-0459-001.
Medical Examiner --
Question As to Whether the Death of a Patient Who Dies At Home Under the Care of a Home Health Agency Is An "Unattended Death" Subject to §406.11 & .12 Reporting Requirements, IAS_I-0460-001.
Member of the State Legislature --
Authority of Local Law Enforcement Officers to Enforce Fla. Clean Indoor Air Act, IAS_I-0461-001.
Power of Charter County to Adopt Ordinance Proscribing Discrimination On Basis of Sexual Orientation, IAS_I-0462-001.
Question As to Statutory Prohibition On Internet or Cruise Ship Gambling, IAS_I-0463-001.
Ocean Highway & Port Authority --
Competitive Bidding of Independent Legal Services Found Not Required, IAS_I-0464-001.
Found to Constitute a "Special District" As Opposed to An "Agency" of State Government, IAS_I-0465-001.
Orange County City Attorney --
Authority of Public Official to Retain Public Records At Home, IAS_I-0466-001.
Osceola County Tax Collector --
Authority to Impose Occupational License Tax On DPR-Licensed Professionals, IAS_I-0467-001.
Palm Beach County Auditor --
Question As to the Authority of Palm Beach County to Enter Into An Interlocal Agreement Regarding the Transfer of Health Care Facilities Without a Voter Referendum, IAS_I-0468-001.
Palm Beach County School Bd. --
Authority of Bd. to Waive Policy Regarding Timelimits For Appointment of Staff Other Than Principals & Supervisors, IAS_I-0469-001.
Pasco County Attorney --
Public Records -- Status of Tape Recording of 911 Emergency Call, IAS_I-0470-001.
Plantation Acres Improvement Dist. -- Bd. of Supervisors -- Sunshine Law -- Special Districts Not Exempt, IAS_I-0471-001.
Public Counsel --
No Exemption From Whistle-Blower's Act Despite Report to Inspector General, IAS_I-0472-001.
Putnam County School Bd. --
Question As to the Applicability of the Public Records Act to Principal Evaluations Filled Out By Members of a Teacher's Union, IAS_I-0473-001.
Representation of DPR (Professional Regulation, Dept. of) Bd. In Civil Suit With Private Party --
Authority to Negotiate Settlement --
Certified Question to Supreme Court, IAS_I-0474-001.
Revenue, Dept. of (DOR) --
Authority & Duty of the Dept. to Adjust Distributions of Trust Funds to Local Governments Pursuant to §200.132 & 218, IAS_I-0475-001.
South Daytona City Attorney --
Exemption From Municipal Tax On Electricity For Church Day Care Center, IAS_I-0476-001.
South Florida Water Management Dist. Executive Director --
Authorization to Pay Lump Sum Bonuses to Employees, IAS_I-0477-001.
St. Johns County Attorney --
Applicability of the 1995 Private Property Rights Protection Act to Property Adjacent to Regulated Property Discussed, IAS_I-0478-001.
St. Lucie County Attorney --
Question As to Applicability of §119 Copying Fees to Copyrighted Private Materials In Public Law Library, IAS_I-0479-001.
Status of Non-Ad Valorem Assessment Collected In Installments As a "Lien of Record", IAS_I-0480-001.
Standing To Intervene In Class Action Attorney's Fees Case -- Tax Challenge, IAS_I-0481-001.
State Attorney --
Authority of Non-Profit Corporation to Conduct Weekly Raffle to Benefit Local School District, IAS_I-0482-001.
State, Dept. of -- General Counsel --
Release of Confidential Records By a Public Library Pursuant to Subpoena Duces Tecum, IAS_I-0483-001.
Taylor County School Board --
Exemption of Student Expulsion Hearings From Sunshine Law, IAS_I-0484-001.

AUCTIONEERS, Bd. of

Widely Disapproved of But Not Expressly Proscribed By Statute Or Rule, IAS_I-0485-001.

BANKING & FINANCE, Dept. of (See Also COMPTROLLER; CONTRACTS (Bids/Protests); DECLARATORY STATEMENTS)

Cemetery -- Licensure --
Extension of Time to Complete Work Due to Intervenor Appeal, IAS_I-0486-001.
Final Order Revising & Exhaustively Exploring Stays Pending Appeal By Intervenor, IAS_I-0487-001.
Bureau of State Payrolls --
Erroneous Overtime Payment to State Employee Ordered Recouped, IAS_I-0488-001.
Comptroller --
Refusal to Pay Governor's Counsel Hired As An Independent Contractor Reversed, IAS_I-0489-001.
Corrected Opinion --
Bay Bank & Trust Co. et al. v. Lewis (Original Opinion Published at 16 FALR 1001), IAS_I-0490-001.
Div. of Accounting --
Lottery Prize --
Ownership of Ticket Discussed, IAS_I-0491-001.
Withheld to Satisfy Default On Student Loan, IAS_I-0492-002.
Withheld to Satisfy HRS (Health & Rehabilitative Services, Dept. of) Child Support & Foster Support Claims, IAS_I-0493-001.
Withheld to Satisfy HRS Child Support Claim, IAS_I-0494-002.
Withheld to Satisfy Overpayment of HRS AFDC & Food Stamp Benefits, IAS_I-0495-001.
Withheld to Satisfy Overpayment of HRS AFDC Benefits, IAS_I-0496-002.
Withheld to Satisfy Overpayment of HRS Food Stamp Benefits, IAS_I-0497-002.
Div. of Banking (See Also DECLARATORY STATEMENTS) --
Application to Acquire Control of Bank, IAS_I-0498-001.
Application to Consolidate With Another Bank -- Intervenor Protest, IAS_I-0499-001.
Appointment of Receiver/Liquidator, IAS_I-0500-001.
Banking Operation Defined & Discussed, IAS_I-0501-001.
Complaint to Recover Special Examination Fee & Penalties, IAS_I-0502-001.
Complaint to Remove Officers --
Cease & Desist Order, IAS_I-0503-001.
Failed Institution Taken Over By Resolution Trust Corp. (RTC) --
Claims Against RTC Must First Go Through Federal Administrative Claims Procedure, IAS_I-0504-001.
Motion to Disqualify Gerald Lewis --
Appellate Review of Dept. Denial -- Affirmed, IAS_I-0505-002.
Orders of General Application (See Declaratory Statements)
Removal of Bank Directors --
Assessment of Costs of Examination & Supervision, IAS_I-0506-001.
Prohibition On Future Service As Directors, IAS_I-0507-001.
Unsafe or Unsound Practices, IAS_I-0508-001.
Unauthorized Banking Activities -- Emergency Cease & Desist Order, IAS_I-0509-001.
Div. of Finance (See Also DECLARATORY STATEMENTS) --
Abandoned Property --
Bank Account -- Estate, IAS_I-0510-001.
Burden of Proof -- Preponderance of the Evidence, IAS_I-0511-001.
Claim By Sons Through Private Investigative Agency to Mother's Allegedly Abandoned Stock -- Denied, IAS_I-0512-001.
Claim Denied, IAS_I-0513-001.
Claimant's Burden of Proof Discussed & Found Not Satisfied, IAS_I-0514-001.
Competing Claims For, IAS_I-0515-001.
Creditor -- Intangible Personal Property -- Statutory Framework Governing Examined, IAS_I-0516-001.
Creditor Claims Found Authorized By Statute, IAS_I-0517-001.
Unclaimed Proceeds to Insurance Policy, IAS_I-0518-001.
Contracts (See CONTRACTS (Bids/Protests))
Div. Authority to Enter Cease & Desist Orders Examined, IAS_I-0519-002.
Jurisdiction --
Bankruptcy Filing Does Not Divest, IAS_I-0520-001.
License -- Cemetery --
Circuit Court Dismissal of Parallel Suit Challenging Acquisition of Control Quashed, IAS_I-0521-001.
Expected Cremations Included With Burials When Analyzing Need, IAS_I-0522-001.
Transfer of Control -- Approval of Affected Owners of Burial Rights Not Considered, IAS_I-0523-001.
Transfer of Control -- Approved Over Intervenor Protest, IAS_I-0524-001.
Transfer of Control -- Competition Implications Not Considered, IAS_I-0525-001.
Licensure -- Cemetery --
Extension of Time to Meet Statutory Criteria, IAS_I-0526-001.
Mortgage Brokerage --
§494.0065 Savings Clause Examined, IAS_I-0527-001.
Acceptance of Fee Without Proper Disclosure, IAS_I-0528-001.
Acceptance of Fees Without Requisite Written Agreement, IAS_I-0529-001.
Authorization to Close or Assign Loans to Out-of-State Firm, IAS_I-0530-001.
Broker Defined, IAS_I-0531-001.
Charging Inappropriate & Excessive Fees, IAS_I-0532-001.
Collection of Advance Fee For Services, IAS_I-0533-001.
Criminal Conviction -- Grand Theft, IAS_I-0534-001.
Criminal Conviction -- Licensure By Other State Agency Is Immaterial, IAS_I-0535-001.
Criminal Conviction -- Mortgage Fraud, IAS_I-0536-001.
Criminal Conviction -- Possession of Cocaine With Intent to Distribute, IAS_I-0537-001.
Disqualification From Licensure -- Burden of Proof to Overcome, IAS_I-0538-001.
Disqualification From Licensure -- Self-Serving Testimony of Applicant Alone Insufficient, IAS_I-0539-001.
Diversion of Trust Funds to Personal Use, IAS_I-0540-001.
Each Violation Constitutes a Separate Offense -- Multiple Violations Increase Maximum Penalty, IAS_I-0541-001.
Examination -- Challenge to Grading Denied, IAS_I-0542-001.
Failure to Apprise Customers of the Status of Their Loans, IAS_I-0543-001.
Failure to Close Loans In a Timely Manner, IAS_I-0544-001.
Failure to Have Requisite Operating Experience, IAS_I-0545-001.
Failure to Make Requisite Refund, IAS_I-0546-001.
Failure to Notify Div. of Bankruptcy Filing, IAS_I-0547-001.
Failure to Properly Associate With Mortgage Brokerage Business, IAS_I-0548-001.
Failure to Properly Place Fees In Trust Account, IAS_I-0549-002.
Failure to Return Loan Discount Fee, IAS_I-0550-001.
Failure to be Properly Associated With a Broker, IAS_I-0551-001.
Fraudulent Conduct, IAS_I-0552-002.
Grandfather Status -- Claim of Rejected, IAS_I-0553-001.
Licensure of Correspondent Mortgage Brokers Discussed, IAS_I-0554-001.
Misrepresentation, IAS_I-0555-001.
Mortgage Broker Is Held to the Highest Standard of Conduct, IAS_I-0556-001.
Mortgage Broker License Is Not Transferrable, IAS_I-0557-001.
Negligence, IAS_I-0558-001.
Operating Without a License -- Intent Need Not Be Shown, IAS_I-0559-001.
Operating Without a License, IAS_I-0560-004.
Out-of-State Firm Seeking to Refinance Fla. Mortgages -- Statutory Requirements Examined, IAS_I-0561-001.
Previous Discipline of Corporate Officer, IAS_I-0562-001.
Processing Applications With An Expectation of Compensation, IAS_I-0563-001.
Receipt of Fee Without Written Agreement, IAS_I-0564-001.
Settlement a Parallel Civil Lawsuit by Victim Is Immaterial, IAS_I-0565-001.
Violation of Div. Order, IAS_I-0566-001.
Mortgage Brokerage -- Correspondent --
Creating a Potential Lien Against Applicant's Property Without Authorization, IAS_I-0567-001.
Demanding Payment of Fee Prior to Obtaining a Commitment, IAS_I-0568-001.
Distinction Between Mortgage Broker & Correspondent Mortgage Broker Examined, IAS_I-0569-001.
Failure to Close Loans Within Promised Time Period, IAS_I-0570-001.
Failure to Keep Requisite Written Records, IAS_I-0571-001.
Failure to Maintain Required Net Worth, IAS_I-0572-001.
Failure to Make Requisite Written Disclosure, IAS_I-0573-001.
Mortgage Brokerage Guarantee Fund --
Petitioner Has Burden of Proof -- Failure to Appear At Hearing, IAS_I-0574-001.
Retailers -- Installment Transactions --
Charge For Waiver of Insurance Requirement Characterized, IAS_I-0575-001.
Charging Excessive Premiums, IAS_I-0576-001.
Contracted Sale Defined, IAS_I-0577-001.
Documentary Stamps Need Not Be Physically Attached to the Contract, IAS_I-0578-001.
Failure to Give Notice of Finance Charges In Excess of Legal Maximum, IAS_I-0579-001.
Failure to Have Books Available For Inspection, IAS_I-0580-001.
Failure to Keep Requisite Written Records, IAS_I-0581-001.
Failure to Permit Inspection of Books, IAS_I-0582-001.
Failure to Properly Affix Documentary Stamp Taxes, IAS_I-0583-001.
Failure to Properly Collect or Remit Trust Funds, IAS_I-0584-001.
False Statements On Licensure Application, IAS_I-0585-003.
Operating Without, IAS_I-0586-001.
Out-of-State Mail Order Business -- §520 Found Not to Amount to Flat-Sum Tax, IAS_I-0587-001.
Out-of-State Mail Order Business -- §520 Found to Improperly Amount to Flat-Sum Tax As Applied, IAS_I-0588-001.
Service Contract Defined & Discussed, IAS_I-0589-001.
Warranty Defined & Discussed, IAS_I-0590-001.
Unclaimed Insurance Proceeds --
Div. Award to Creditors of Apparent Owner Reversed, IAS_I-0591-001.
Div. Lacks Jurisdiction to Prioritize Competing Claims, IAS_I-0592-001.
Status of Insurance Proceeds As Personal Property Examined, IAS_I-0593-001.
Div. of Securities (See Also DECLARATORY STATEMENTS) --
Associated Person Registration --
Advertising -- False & Misleading, IAS_I-0594-001.
Aiding & Abetting Unlicensed Personnel, IAS_I-0595-001.
Criminal Plea, IAS_I-0596-002.
Exempt Securities -- Proof of Examined, IAS_I-0597-001.
Failure to Account For & Deliver Trust Funds, IAS_I-0598-001.
Failure to Have Requisite Local Occupational License, IAS_I-0599-001.
Failure to Maintain Requisite Written Records, IAS_I-0600-001.
Failure to Properly Display License, IAS_I-0601-001.
Failure to Properly Display Sign, IAS_I-0602-001.
Failure to Properly Register, IAS_I-0603-001.
False Statements On Licensure Application, IAS_I-0604-002.
Filing a False Report, IAS_I-0605-001.
Fraudulent Conduct, IAS_I-0606-002.
Granted Subject to Negotiation of Agreement On Restrictions, IAS_I-0607-001.
IRS Tax Lien, IAS_I-0608-001.
Jurisdiction to Regulate Bank Employees Found, IAS_I-0609-001.
Lack of Fitness & Trustworthiness, IAS_I-0610-003.
Operating Without Proper Registration, IAS_I-0611-001.
Out-of-State Discipline, IAS_I-0612-001.
Sale of Unregistered Securities, IAS_I-0613-001.
Scienter or Intent Need Not Be Alleged or Proven to Impose Discipline, IAS_I-0614-001.
Cease & Desist Order, IAS_I-0615-001.
Dealer Registration --
Burden of Div. Proof In Enforcement Proceedings, IAS_I-0616-001.
Cease & Desist Order, IAS_I-0617-002.
Statutory Right to Explain & Mitigate Alleged Violations, IAS_I-0618-002.
Investment Advisor --
§517.021(10)(b)(6) Exemption From Licensure Found Inapplicable, IAS_I-0619-001.
Operating Without Proper Registration, IAS_I-0620-002.
Jurisdiction --
§517 Contains No Time Limit For Initiating Or Completing An Investigation, IAS_I-0621-001.
Revised Opinion: Osborne Stern & Co., IAS_I-0622-001.
Statutory Right to Explain & Mitigate Alleged Violations, IAS_I-0623-002.
Supreme Court Review: Osborne Stern & Co., IAS_I-0624-001.

BREVARD COUNTY (See COUNTY GOVERNMENT)

BROWARD COUNTY

Decision On Restoration of Found to Be Years Away, IAS_I-0625-001.
Medical Examiner --
Governor Provided With Only One (1) Nominee Reversed, IAS_I-0626-001.

BROWARD COUNTY SCHOOL BOARD (See SCHOOL BOARDS)

BUSINESS REGULATION, Dept. of (See DBPR (BUSINESS & PROFESSIONAL REGULATION, Dept. of)

Condominiums (See CONDOMINIUMS; DECLARATORY STATEMENTS)
Pari-Mutuel Wagering (See DBPR (BUSINESS & PROFESSIONAL REGULATION, Dept. of))

CALHOUN COUNTY

CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY

CERTIFICATE (Teaching) (See Also EDUCATION PRACTICES Comm.; SCHOOL BOARDS)

Abuse of Foster Child, IAS_I-0630-001.
Acceptance of Improper Gift Or Gratuity, IAS_I-0631-001.
Action Against Certificate Consolidated With School Bd. Action Against Job, IAS_I-0632-002.
Administrators Are Held to a High Standard of Conduct, IAS_I-0633-001.
Alcohol --
Abuse On Duty, IAS_I-0634-001.
Providing to Students, IAS_I-0635-002.
Application --
Applicant Has Burden of Proof By a Preponderance of the Evidence, IAS_I-0636-002.
Criminal History Expungement --
Duty of Applicant to Disclose History to EPC, IAS_I-0637-002.
Duty of EPC to Keep Confidential, IAS_I-0638-001.
Criminal Plea, IAS_I-0639-002.
Denial of Otherwise Qualified Applicant Requires Clear & Convincing Evidence, IAS_I-0640-001.
False Statements On Licensure Application, IAS_I-0641-004.
Fraudulent Conduct, IAS_I-0642-002.
Good Moral Character Lacking, IAS_I-0643-001.
Gross Immorality, IAS_I-0644-004.
Heterosexual Misconduct Culminating In Marriage to Student, IAS_I-0645-001.
Moral Turpitude, IAS_I-0646-003.
Obtaining Certificate Utilizing Fraudulent Means, IAS_I-0647-001.
Comments to Students Found "Inappropriate" Although Not Sexual or Even Harassing, IAS_I-0648-001.
Consolidation of Case With Parallel School Bd. Action Denied, IAS_I-0649-001.
Consolidation of Comm. Action Against License With School Board Job Action, IAS_I-0650-001.
Controlled Substances --
Possession of Crack Cocaine, IAS_I-0651-001.
Providing to Students, IAS_I-0652-001.
Criminal Charge --
Trespass/Disorderly Conduct/Resisting Arrest, IAS_I-0653-001.
Criminal Charge, IAS_I-0654-001.
Criminal Conviction --
DUI, IAS_I-0655-001.
DUI/Resisting Arrest, IAS_I-0656-001.
Criminal Conviction, IAS_I-0657-004.
Criminal Plea --
Child Abuse, IAS_I-0658-001.
Conspiracy to Possess & Distribute Cocaine, IAS_I-0659-001.
DUI, IAS_I-0660-001.
Solicitation of Prostitution, IAS_I-0661-002.
Criminal Plea, IAS_I-0662-004.
Discharging Firearm With Live Ammo At School, IAS_I-0663-001.
Disparaging Remarks to Students, IAS_I-0664-001.
Excessive & Unreasonable Corporal Punishment, IAS_I-0665-004.
Excessive Force Used to Control Students -- Self Defense, IAS_I-0666-001.
Excessive Force Used to Control Students, IAS_I-0667-003.
Excessive Physical Force, IAS_I-0668-004.
Excessively Close Personal Relationship With Student, IAS_I-0669-001.
Expiration of Certificate Does Not Preclude Discipline, IAS_I-0670-001.
Exploitation of Professional Relationship For Personal Gain, IAS_I-0671-012.
Failure to Adequately Secure Student Medications, IAS_I-0672-001.
Failure to Answer Request For Admissions --
DOAH Divested of Jurisdiction -- Penalty Imposed, IAS_I-0673-001.
Failure to Appear At Work As Scheduled, IAS_I-0674-001.
Failure to Report or Document Injuries to Students, IAS_I-0675-001.
Failure to Supervise Students, IAS_I-0676-002.
False Statements On Licensure Application -- 1992 Statutory Amendment, IAS_I-0677-002.
False Statements On Licensure Application, IAS_I-0678-009.
Falsification of Student Attendance Records, IAS_I-0679-001.
Final Order Upon Appellate Remand: Spruell, IAS_I-0680-001.
Fraudulent Conduct --
Falsification of Grades, IAS_I-0681-001.
Fraudulent Conduct, IAS_I-0682-005.
Gross Immorality --
Defined, IAS_I-0683-014.
Gross Immorality, IAS_I-0684-034.
Gross Insubordination --
Defined & Discussed, IAS_I-0685-001.
Gross Insubordination, IAS_I-0686-002.
HRS (Health & Rehabilitative Services, Dept. of) Central Abuse Registry --
Inclusion In HRS Central Abuse Registry --
Use of Excessive Physical Force On Foster Child, IAS_I-0687-001.
Immorality --
Defined, IAS_I-0688-008.
Incompetence, IAS_I-0689-004.
Indecent Public Exposure, IAS_I-0690-001.
Insubordination, IAS_I-0691-001.
Intentional Exposure of a Student to Unnecessary Embarrassment or Disparagement, IAS_I-0692-001.
Leaving School Grounds Without Permission, IAS_I-0693-001.
Misappropriation of School Funds, IAS_I-0694-001.
Misconduct Reducing Effectiveness --
Criminal Charges Alone Do Not Constitute Per Se, IAS_I-0695-001.
Reduction In Effectiveness Found Not Proven, IAS_I-0696-001.
School Bd. Suspension Alone Does Not Constitute Per Se, IAS_I-0697-001.
Misconduct Reducing Effectiveness, IAS_I-0698-032.
Moral Turpitude --
Alcohol Abuse Can Constitute, IAS_I-0699-001.
Alcoholism Alone Does Not Constitute, IAS_I-0700-001.
Defined, IAS_I-0701-015.
Ignorance of the Law Does Not Constitute, IAS_I-0702-001.
Multiple DUI Convictions Does Constitute, IAS_I-0703-001.
Moral Turpitude, IAS_I-0704-027.
Motion For Reconsideration: Spruell -- Denied, IAS_I-0705-001.
Order On Motion to Reconsider Penalty: Melody Allen Spruell, IAS_I-0706-001.
Principles of Professional Conduct --
General Allegation Regarding Alleged Violation of Is Insufficient, IAS_I-0707-001.
Profane Language In Class, IAS_I-0708-001.
Profanity In Classroom, IAS_I-0709-001.
School Board Action Against Position Found Not Probative, IAS_I-0710-001.
Sexual Misconduct --
Circuit Ct. Restraining Order Does Not Bar Participation In Administrative Hearing, IAS_I-0711-001.
Comments to Student Found Inappropriate Though Not Sexual, IAS_I-0712-001.
Custom of Hispanics to Kiss & Touch Noted & Distinguished From, IAS_I-0713-001.
Display of "R" Rated Video In Class, IAS_I-0714-001.
Heterosexual Comments to Staff, IAS_I-0715-001.
Heterosexual Comments to Students, IAS_I-0716-009.
Heterosexual Contact With Family Member, IAS_I-0717-002.
Heterosexual Contact With Stepchild, IAS_I-0718-001.
Heterosexual Contact With Student -- Out-of-Wedlock Pregnancy, IAS_I-0719-002.
Heterosexual Contact With Student Culminating In Marriage, IAS_I-0720-001.
Heterosexual Contact With Students, IAS_I-0721-009.
Homosexual Contact With Student, IAS_I-0722-001.
Homosexual Contact With Students, IAS_I-0723-002.
Hugs & Kisses On Face, IAS_I-0724-001.
Indecent Public Exposure, IAS_I-0725-001.
Permanent Revocation Found Too Harsh For Female Teacher, IAS_I-0726-001.
Premarital Heterosexual Contact With Student Is Misconduct Per Se, IAS_I-0727-001.
Romantic Heterosexual Relationship With Student -- Marriage, IAS_I-0728-003.
Teacher-Student Relationship Is Not Prerequisite to Disciplinary Action, IAS_I-0729-001.
Teachers Are Held to a High Standard of Conduct, IAS_I-0730-008.
Threatening Complaints Directed At Vice Principal, IAS_I-0731-001.
Unprofessional Conduct, IAS_I-0732-001.
Use of Institutional Privileges For Personal Gain, IAS_I-0733-004.
Verbal Abuse of Students & Staff, IAS_I-0734-001.
Verbal Abuse of Students, IAS_I-0735-002.
Violation of Board Rules & Statutes, IAS_I-0736-017.
Violation of Probation, IAS_I-0737-002.

CERTIFICATE OF NEED (CON) (See Also HEALTH CARE ADMINISTRATION, Agency For (AHCA); HRS, (Health & Rehabilitative Services, Dept. of); RULES & RULEMAKING)

Discretion Regarding the Holding of a Public Hearing, IAS_I-0738-001.
Duty to Follow Precedents, IAS_I-0739-001.
Failure to Comply With Condition of a CON -- Sanctions -- Fine, IAS_I-0740-001.
Statutory Authority to Require Delicensure of Beds As a Condition of the Granting of a CON Found, IAS_I-0741-001.
Amendment of Application (See Also Application) --
Affiliation With U.F. Teaching Hospital, IAS_I-0742-001.
After Grant of CON In Stipulated Settlement -- Denied, IAS_I-0743-001.
Applicant Has the Burden of Proof, IAS_I-0744-002.
Change In Ownership or Name, IAS_I-0745-001.
Cooperative Agreement Recommended By AHCA Does Not Constitute, IAS_I-0746-001.
Corporate Merger After Filing, IAS_I-0747-001.
Impermissible Amendment Found, IAS_I-0748-001.
Minor Change In Building Plans, IAS_I-0749-001.
Permissible Updating Distinguished From, IAS_I-0750-001.
Prohibited By Gulf Court Decision (See Also Gulf Court Decision), IAS_I-0751-002.
Prohibition On Carefully Explored, IAS_I-0752-004.
Rule Prohibition On Strictly Construed, IAS_I-0753-001.
Sale of Facility After Filing -- Denied, IAS_I-0754-001.
Sale of Facility After Filing -- Distinction Between Corporations & Partnerships, IAS_I-0755-001.
Submission of Relevant & Supplemental Evidence Does Not Constitute Per Se, IAS_I-0756-001.
Appellate Review In Lieu of §120.57 Petition Found to Waive Right to the Latter, IAS_I-0757-001.
Appellate Review (See APPELLATE REVIEW)
Applicant --
Owner Must Be Disclosed -- Owner's Owner Need Not Be Disclosed, IAS_I-0758-001.
Applicant Has the Burden of Proof --
By a Preponderance of the Evidence, IAS_I-0759-002.
That Application Is Complete, IAS_I-0760-001.
Applicant Has the Burden of Proof, IAS_I-0761-035.
Application (See Also Amendment of Application, Financial Feasibility, Letter of Intent) --
§381.707 Assessment of Impact Statement Discussed, IAS_I-0762-001.
Amendment (See Amendment of Application)
Audited Financial Statements Discussed, IAS_I-0763-001.
Bankruptcy of Applicant -- Implications of, IAS_I-0764-001.
Change In Ownership Midstream -- Summary Rejection of Application, IAS_I-0765-001.
Corporate Resolution --
Bd. of Directors Acting Prior to Actual Filing With Sec. of State Found Null & Void, IAS_I-0766-001.
Deficiencies Cannot Be Cured Retroactively, IAS_I-0767-002.
Distinction Between Requisite Commitment & Actual Contract For Construction, IAS_I-0768-001.
Found Adequate, IAS_I-0769-001.
Found Deficient, IAS_I-0770-004.
Requirements For Exhaustively Explored, IAS_I-0771-001.
Exact Compliance With Requirements Is Enforced, IAS_I-0772-001.
Expedited Review, IAS_I-0773-001.
Failure of Applicant to Attend the Public Hearing On Its Application --
Applicant Cannot Be Sanctioned For or Compelled to Attend, IAS_I-0774-001.
Purpose of Public Hearing Examined, IAS_I-0775-001.
Failure to Timely Publish Notice of Filing, IAS_I-0776-001.
Fee -- Petition For Refund of Denied, IAS_I-0777-001.
Filing Fee Cannot Be Waived, IAS_I-0778-001.
Floor Plan --
Changes In After Application Generally Permissible, IAS_I-0779-001.
Requisite Schematics Discussed, IAS_I-0780-001.
Grant of CON Is Conditioned On Any Representation Contained Within, IAS_I-0781-001.
Incomplete -- Assets Page Missing, IAS_I-0782-001.
Incomplete -- Bifurcated Hearing Conducted, IAS_I-0783-001.
Incomplete -- Failure to Publish Notice of Capital Commitments --
Found Essential to Comparative Review, IAS_I-0784-001.
Importance of This Information Emphasized, IAS_I-0785-001.
Incomplete -- Failure to Reveal Aggregate Total Capital Commitments --
Allocation of Previous Capital Costs -- Conversion Application, IAS_I-0786-001.
Applicant Bears the Burden of Full Disclosure Alone, IAS_I-0787-001.
Applicant Cannot Arbitrarily Change Fiscal Year, IAS_I-0788-001.
Applicant Cannot Offset With Large Allowance For "Other Capitalization", IAS_I-0789-001.
Capital Expenditure Defined & Discussed, IAS_I-0790-001.
Combined Financial Statement Accepted Over Contrary DOAH Recommendation, IAS_I-0791-001.
Denied-But-In-Litigation Projects Must Be Disclosed, IAS_I-0792-001.
Denied-But-In-Litigation Projects Need Not Be Disclosed, IAS_I-0793-001.
Exact Compliance With Pertinent Rules Is Required, IAS_I-0794-001.
Failure to List $50,000 Out of $13, IAS_I-0795-002.
Failure to List 1/4 of Capital Projects, IAS_I-0796-001.
Failure to Reveal Aggregate Total Capital Commitments At Time of Application Found Immaterial, IAS_I-0797-001.
Financial Statement -- One Page of Missing, IAS_I-0798-001.
Importance of Complete Listing Emphasized, IAS_I-0799-002.
Importance of This Information Exhaustively Explored, IAS_I-0800-004.
Internal Approval Compels Disclosure, IAS_I-0801-001.
Preliminarily Denied Projects In Litigation Must Be Listed, IAS_I-0802-001.
Projects Allegedly "Gratuitously Listed" Cannot Offset Those Omitted, IAS_I-0803-001.
Incomplete -- Financial Statement -- Out-of-Line With Generally Accepted Accounting Principles, IAS_I-0804-001.
Incomplete -- Insufficient Detail, IAS_I-0805-001.
Incomplete -- Treated As Withdrawn, IAS_I-0806-001.
Late-Filed, IAS_I-0807-001.
Physician Preferences Are Clearly Relevant, IAS_I-0808-001.
CON (Certificate of Need) -- Grant of Conditioned On Surrender of Earlier-Granted CON, IAS_I-0809-001.
CON -- Grant of Conditioned on Delicensure of Other Type of Bed, IAS_I-0810-001.
CON -- Low Utilization Not Subject to Third Party Intervenor Protest, IAS_I-0811-001.
CON Cannot Be Substantially Modified Without a New Application & Review, IAS_I-0812-001.
CON Is An Agreement Between the Provider and the State --
State Cannot Force Provider to Proceed to Construction, IAS_I-0813-001.
CON Is a "License" Within §120.57(9), IAS_I-0814-001.
Comparative Review (See Also Home Health Agency, Nursing Home) --
Accorded, IAS_I-0815-009.
Burden of Proof Examined, IAS_I-0816-001.
Challenge to Any Portion of State Agency Action Report Leaves All Applications At Issue Absent Severance, IAS_I-0817-001.
Found Mandated By Due Process -- Severance Denied, IAS_I-0818-001.
Importance of Discussed, IAS_I-0819-001.
Must Be Accorded If There Is a Substantial Change In Service, IAS_I-0820-001.
Must Be Based On Fixed Need Pool Since Gulf Court, IAS_I-0821-002.
Stay Granted When Application Deemed Incomplete & That Finding Appealed, IAS_I-0822-002.
Uncontested & Approved Application Severed, IAS_I-0823-001.
Comparative Review, IAS_I-0824-002.
Exemption From CON Review --
No Collateral Attacks On, IAS_I-0825-002.
Extension of --
Estoppel -- Right to Hearing -- Remand, IAS_I-0826-001.
Failure to Be Under Continuous Construction -- Revocation of CON, IAS_I-0827-001.
Failure to Timely Commence Construction --
Will Be Considered In Future CON Applications of the Provider, IAS_I-0828-001.
Financial Feasibility (See Also Application) --
Analysis of Addition to Existing Facility -- Incremental Cost, IAS_I-0829-001.
Breakout of Expenses Found Not Required, IAS_I-0830-001.
Costs Need Not Be Allocated Between A Proposed Inpatient Program & CON Exempt Outpatient Program, IAS_I-0831-001.
Failure to Establish, IAS_I-0832-002.
Importance of This Consideration Emphasized, IAS_I-0833-001.
Letter of Interest From Financial Institution's Junior Officer Found Sufficient, IAS_I-0834-001.
Preference For Lower Cost Proposal, IAS_I-0835-001.
Requisite Testimony In Support Of, IAS_I-0836-001.
Gulf Court Decision Discussed, IAS_I-0837-003.
Home Health Agency --
Challenge to Fixed Need Pool, IAS_I-0838-001.
Comparative Review (See Also Comparative Review) -- One Application Deemed Incomplete -- Appeal -- Stay Granted, IAS_I-0839-001.
Comparative Review, IAS_I-0840-001.
Failure to Timely Publish Notice of Filing, IAS_I-0841-001.
Intervenor Protest, IAS_I-0842-001.
Letter of Intent Submitted Prematurely, IAS_I-0843-001.
Need (See Also Need) --
Rule Methodology Invalidated, IAS_I-0844-001.
State Health Plan --
Preference For Those Proposing to Serve Underserved Counties, IAS_I-0845-001.
Hospice --
Application Rejected As Incomplete, IAS_I-0846-001.
Intervenor Protest, IAS_I-0847-001.
Untimely Challenge to Fixed Need Pool, IAS_I-0848-001.
Hospital --
Acute Care Beds --
Cost Differential Between Additional Beds & New Free Standing Facility, IAS_I-0849-001.
General Excess of Beds Noted, IAS_I-0850-001.
Nursing Beds Are Less Costly, IAS_I-0851-001.
Addition --
Acute Care, IAS_I-0852-004.
Bone Marrow Transplant Program, IAS_I-0853-001.
Comprehensive Medical Rehabilitation Beds, IAS_I-0854-001.
Inpatient Program -- Under-Utilized Outpatient Program -- Desirability of, IAS_I-0855-001.
Renovation & Expansion of Existing Facility, IAS_I-0856-001.
Short-Term Psychiatric, IAS_I-0857-001.
Skilled Nursing Beds -- Application Dismissed As Incomplete, IAS_I-0858-001.
Bone Marrow Transplant Program, IAS_I-0859-002.
Cardiac Catheterization Lab --
Inpatient, IAS_I-0860-001.
Cardiac Catheterization Lab, IAS_I-0861-004.
Child/Adolescent Psychiatric -- Petition to Modify to Child/Adolescent & Adult Psychiatric, IAS_I-0862-001.
Comparative Review (See Comparative Review)
Comprehensive Medical Rehabilitation --
Inpatient, IAS_I-0863-001.
Conversion of Acute Care to Comprehensive Medical Rehabilitation Beds, IAS_I-0864-003.
Conversion of Acute Care to Neonatal Intensive Care Beds, IAS_I-0865-002.
Conversion of Acute Care to Psychiatric, IAS_I-0866-001.
Conversion of Substance Abuse & Acute Care to Skilled Nursing Beds, IAS_I-0867-001.
Conversion of Substance Abuse to Psychiatric Beds, IAS_I-0868-001.
Failure of Applicant to Attend the Public Hearing On Its Application, IAS_I-0869-001.
Intervenors (See Also Intervenors) --
Protest Filed a Few Days Before a Settlement Was Reached Dismissed As Untimely, IAS_I-0870-001.
Liver Transplant Program, IAS_I-0871-002.
Need (See Also Need) --
Fixed Pool of Beds -- Applicant Is Required to Put On Evidence As to Correctness, IAS_I-0872-001.
Fixed Pool of Beds -- Intervenor's Untimely Challenge Found to Constitute Waiver, IAS_I-0873-001.
Fixed Pool of Beds -- Notice -- Agency Publication of, IAS_I-0874-001.
Fixed Pool of Beds -- Remains Unchanged Through Batching Cycle, IAS_I-0875-001.
Fixed Pool of Beds (See Also Hospital, Need)
Rule Methodology -- Numeric Need -- Creates Rebuttable Presumption, IAS_I-0876-001.
Rule Methodology -- Numeric Need -- Defined & Discussed, IAS_I-0877-001.
Neonatal Intensive Care Unit, IAS_I-0878-001.
Open Heart Surgical, IAS_I-0879-005.
Organ Transplant Programs --
Larger Service Areas Noted, IAS_I-0880-001.
Psychiatric --
Modification to CON After Stipulated Agreement Denied, IAS_I-0881-001.
Specialty, IAS_I-0882-001.
Satellite Facility --
Challenge to Provision of Settlement Order Requiring Delicensure of Medical/Surgical Beds, IAS_I-0883-001.
Satellite Facility, IAS_I-0884-001.
Shared Service Arrangements Examined, IAS_I-0885-001.
Tertiary Health Services --
Capacity of Existing Providers Is Relevant, IAS_I-0886-001.
Defined, IAS_I-0887-002.
Geographic Boundaries Broader Than Local Service Districts Can Be Established, IAS_I-0888-001.
Not Normal Circumstances, IAS_I-0889-001.
Transfer of Adult Psychiatric Beds to Another Facility Owned By the Same Party, IAS_I-0890-001.
Indigents --
Accommodation of Care Burden Is An Important Consideration, IAS_I-0891-002.
Requirement That Uninsured Patients Post a Deposit -- Interpretation of, IAS_I-0892-001.
Requirement of Cash Deposit For Those Without Insurance -- Interpretation of, IAS_I-0893-001.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) --
Cannot Expand Issues of the Proceeding As a Matter of Right, IAS_I-0894-001.
Motion to Dismiss -- Standard Governing Agency Action On, IAS_I-0895-001.
Standing --
Cannot Be Lost Due to Post-Filing Developments, IAS_I-0896-001.
Economic Injury Must Be Shown, IAS_I-0897-001.
Low Utilization By Competitor, IAS_I-0898-001.
None to Collaterally Attack Exempt Projects, IAS_I-0899-001.
Renovation & Expansion of Competing Facility, IAS_I-0900-001.
Solvency Need Not Be Threatened, IAS_I-0901-003.
To Be Liberally Construed, IAS_I-0902-004.
Letter of Intent --
AHCA Can Condition Grant of CON On Provisions of, IAS_I-0903-001.
Constitutes a Contract Between Applicant & the State, IAS_I-0904-001.
Deadlines For Publication of Notice of Filing, IAS_I-0905-001.
Distinction Between Requisite Commitment & Actual Contract For Construction, IAS_I-0906-001.
Exact Compliance With