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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

Condominiums (See CONDOMINIUMS; DECLARATORY STATEMENTS)

Pari-Mutuel Wagering (See DBPR (BUSINESS & PROFESSIONAL REGULATION, Dept. of))

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.

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 Requirements Examined, IAS_I-0907-001.

Found to Be Part of a CON Application, IAS_I-0908-001.

Grant of CON Conditioned On Any Representation Contained Within, IAS_I-0909-001.

Premature Filing of, IAS_I-0910-001.

Proper Corporate Resolution Is Mandatory, IAS_I-0911-001.

Submittal of Second Amended Letter -- New General Partners, IAS_I-0912-001.

Local Health Plan (See Also State Health Plan) --

100 % Consistency With Not Required, IAS_I-0913-002.

Analysis of Consistency With Discussed, IAS_I-0914-001.

Merely Provides Guidelines, IAS_I-0915-001.

Must Be Considered Even In Absence of Competing Applications, IAS_I-0916-001.

Must Be Considered Even Though Not Promulgated As a Rule As Required Statutorily, IAS_I-0917-001.

Preference For Commitment to Serve Medicaid Patents Construed, IAS_I-0918-001.

Need (See Also Home Health Agency, Hospital Nursing Home) --

Applicant Has Burden of Proof Despite DOAH Invalidation of Rule Need Methodology, IAS_I-0919-001.

Balanced Consideration of All Statutory & Rule Criteria, IAS_I-0920-022.

Capacity of Existing Providers -- Relevancy of Examined, IAS_I-0921-001.

Community Need Discussed, IAS_I-0922-001.

Determined With Reference to the State Health Plan, IAS_I-0923-001.

Fixed Pool of Beds (See Also Hospital, Need) --

Challenge to, IAS_I-0924-001.

Failure to Timely Challenge When Published Results In Waiver of the Right, IAS_I-0925-001.

HRS Will Not Amend, IAS_I-0926-001.

No Collateral Attacks On, IAS_I-0927-001.

Two Co-Batched Applications Initially Approved -- Third Party Challenge to One Approval, IAS_I-0928-001.

Untimely Challenge to Dismissed, IAS_I-0929-001.

Geographic Accessibility --

Boundaries of a Health Planning Area Are Not An Iron Curtain, IAS_I-0930-001.

Lack of Found to Outweigh Absence of Numeric Need, IAS_I-0931-001.

Larger Service Areas For Organ Transplant Program Noted, IAS_I-0932-001.

Service District Defined & Discussed, IAS_I-0933-001.

Target Population Defined, IAS_I-0934-001.

Health Planning Area --

Boundaries Are Not An Iron Curtain, IAS_I-0935-001.

Indigent & Medicaid Patient Needs -- Consideration of, IAS_I-0936-002.

No Single Criterion Is Dispositive, IAS_I-0937-001.

Over Utilization By Protestant, IAS_I-0938-001.

Physical Location of a Facility Is of Critical Importance, IAS_I-0939-001.

Physician Preferences Are Clearly Relevant, IAS_I-0940-002.

Rule Methodology --

AHCA Cannot Repudiate After Filing of An Application, IAS_I-0941-001.

Acute Care -- Found to Be "Irrational", IAS_I-0942-001.

Amendment Subsequent to Date of Application, IAS_I-0943-001.

Invalidated In §120.56 Challenge & Appealed By AHCA, IAS_I-0944-001.

Not Normal Exception -- Applicant Has the Burden of Proof, IAS_I-0945-001.

Not Normal Exception -- DOAH Should Not Devise Non-Rule Need Formula, IAS_I-0946-001.

Not Normal Exception -- High Seasonal Demand, IAS_I-0947-002.

Not Normal Exception -- Intradistrict Service & Travel Patterns, IAS_I-0948-001.

Not Normal Exception Explored, IAS_I-0949-002.

Not Normal Exception Involves a Conclusion of Law, IAS_I-0950-002.

Not Normal Exception Is Not Available to Applicant Not Addressing An Available Fixed Need Pool, IAS_I-0951-002.

Not Normal Exception, IAS_I-0952-007.

Numeric Need -- Absence of Is Not Dispositive, IAS_I-0953-003.

Numeric Need -- Consideration of Facilities Nearby But Outside Subdistrict, IAS_I-0954-001.

Numeric Need Alone Insufficient, IAS_I-0955-001.

Numeric Need Alone Is Not Dispositive, IAS_I-0956-001.

Numeric Need Lacking -- Creates Rebuttable Presumption of No Need, IAS_I-0957-005.

Numeric Need Number Is An Important Criterion, IAS_I-0958-002.

One In Effect At Time of Initial Review -- Not Hearing - Utilized, IAS_I-0959-001.

Utilization Rates -- Found Disfavorable to Proposal, IAS_I-0960-001.

Rule Need Methodology --

Not Normal Exception Found Inapplicable, IAS_I-0961-002.

Teaching, Referral or Specialized Services Facility -- Preference For, IAS_I-0962-001.

Weight to Be Accorded Various Criteria -- AHCA Finds to Involve a Conclusion of Law, IAS_I-0963-002.

Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IAS_I-0964-017.

Nursing Home --

Addition, IAS_I-0965-002.

Additional Community Beds -- Proposed Facility Cannot Amend Application, IAS_I-0966-001.

Alzheimer's Patients -- Not Necessarily Better Served In a Specialized/Segregated Unit, IAS_I-0967-001.

Alzheimer's Patients -- There Is No Policy Favoring Dedicated Units, IAS_I-0968-001.

Application (See Also Application) --

Failure to List 1/4 of Capital Projects, IAS_I-0969-001.

Assisted Living Facilities (ALF) -- Status of Examined, IAS_I-0970-001.

Community --

Additional Beds, IAS_I-0971-001.

Community, IAS_I-0972-007.

Comparative Review (See Also Comparative Review, Home Health Agency, Nursing Home) --

DOAH Finds Defective Letter of Intent -- AHCA Rejects That Finding & Remands For Comparative Review, IAS_I-0973-001.

One Application Deemed Incomplete -- Appeal -- Stay Granted, IAS_I-0974-001.

Comparative Review, IAS_I-0975-015.

Conversion of Hospital's Acute Care Beds to Skilled Nursing Beds -- Comparative Review, IAS_I-0976-001.

Conversion of Hospital's Adult Psychiatric & Substance Abuse Beds to Skilled Nursing Beds -- Comparative Review, IAS_I-0977-001.

Conversion of Hospital's Beds -- Multi-Level Systems Found Encouraged By Statute, IAS_I-0978-001.

Conversion of Sheltered to Community Beds, IAS_I-0979-001.

Hospital-Based Skilled Beds, IAS_I-0980-001.

Intervenor Protest, IAS_I-0981-006.

Need (See Also Need) --

Beds In Excess of Numeric Need Not Normally Granted, IAS_I-0982-001.

Need For Subacute Services Receives No Preference, IAS_I-0983-001.

Particular Need For Different Services Is Not Reached, IAS_I-0984-001.

Sheltered Nursing Home Defined, IAS_I-0985-001.

Transfer of Beds From Outmoded to New Larger Proposed Facility -- Delicensure Not Required, IAS_I-0986-001.

Replacement Facility Defined & Discussed, IAS_I-0987-001.

Sub-Acute Care Found Not to Be Only Available At Hospital-Based Facilities, IAS_I-0988-001.

Transfer & Combination With Existing Facility Denied, IAS_I-0989-001.

Purpose of CON Review --

Cost Containment -- Primary Goal, IAS_I-0990-001.

Discouraging Unneeded Investment In Facilities, IAS_I-0991-001.

Examined, IAS_I-0992-002.

Minimize Duplication, IAS_I-0993-001.

Quality of Care Problems --

Evidence Regarding Is Clearly Relevant, IAS_I-0994-001.

Rule Methodology --

Numeric Need -- Importance of Discussed, IAS_I-0995-001.

Weight to Be Accorded Various Criteria Varies On a Case-By-Case Basis, IAS_I-0996-001.

State Health Plan (See Also Local Health Plan) --

Merely Provides Guidelines, IAS_I-0997-001.

Proposal Need Not Be 100% Consistent With, IAS_I-0998-001.

Rule Takes Precedence Over Conflicting Provision In, IAS_I-0999-001.

Stipulation --

AHCA Denies Entering Into Over Contrary DOAH Finding, IAS_I-1000-001.

Construction of Governed By Contract Law, IAS_I-1001-001.

Tertiary Health Services --

Larger Service Areas Noted, IAS_I-1002-001.

Organ Transplant Programs, IAS_I-1003-001.

Transfer of CON to Another Wholly-Owned Facility --

Absence of a Fixed Need Pool Is Irrelevant -- Beds Not Returned to Need Pool Either, IAS_I-1004-001.

Circuit Court Dismissal of Intervenor Protest Affirmed, IAS_I-1005-001.

License (See Also LICENSING) --

Petition For Reinstatement After Voluntary Relinquishment Denied, IAS_I-1007-001.

Statutes Found Not to Have Provided For Inactive Status In Relevant Time Frame, IAS_I-1008-001.

Voluntary Surrender Found to Preclude Petition For Reinstatement, IAS_I-1009-001.

Voluntary Surrender to Become Rehabilitation Service Provider, IAS_I-1010-001.

Licensure (See Also LICENSURE) --

Accreditation Requirements For Educational Institutions Found Arbitrary, IAS_I-1011-001.

Application --

Accreditation Requirements For Educational Institutions Found Arbitrary, IAS_I-1012-001.

Graduation From College Not Also Regionally Accredited Found Immaterial, IAS_I-1013-001.

Rulemaking Authority (See Also RULEMAKING) --

Peer Review of Fees, IAS_I-1014-001.

Statutory Delegation of Examined, IAS_I-1015-001.

Statutory Prohibition On Licensed Chiropractors Working As "Rehabilitation Service Providers", IAS_I-1016-001.

Merely Setting Forth the Text of a Provision Is Insufficient, IAS_I-1018-001.

Requirements Governing Ballot Summaries Examined, IAS_I-1019-001.

Beach Driving Regulations --

Statutory Framework Examined, IAS_I-1020-001.

Home Rule Power (See CONSTITUTION (Fla.))

Local Code Enforcement Boards --

Statutory Enforcement Authority & Powers Examined, IAS_I-1021-001.

Public Official --

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

Two-Part Test For Entitlement to Examined, IAS_I-1022-001.

Public Records --

Authority of Official to Retain At Home, IAS_I-1023-001.

Quasi-Judicial Action Defined & Discussed, IAS_I-1024-001.

Road Construction (See Also TRANSPORTATION, Dept. of (DOT)) --

State Department of Commerce Cannot Exercise Extraterritorial Powers Within Another City, IAS_I-1025-001.

Denial of Without Hearing Reversed, IAS_I-1026-001.

Licensure -- Supervisor --

AHCA Challenge to Board Grant of Reversed, IAS_I-1027-001.

Challenge to Amount of Compensation Awarded For Taking of Part of a Parcel of Property, IAS_I-1029-001.

Applicability of the Competitive Bidding Law (§287), IAS_I-1030-001.

Applicability of the Public Records Law (§119), IAS_I-1031-001.

Applicability of the Sunshine Law (§286), IAS_I-1032-001.

Facilities For New Professional Sports Franchises --

Dept. Rulemaking Authority Regarding Examined, IAS_I-1033-001.

Statutory Provision For State Funding Examined, IAS_I-1034-001.

Road Project Across Municipal Boundaries --

Dept. Cannot Exercise Extraterritorial Powers, IAS_I-1035-001.

Amendments Must Be Applied Retroactively, IAS_I-1036-001.

Amended Final Order -- Killearn Properties, Inc., IAS_I-1037-001.

Area of Critical State Concern (See AREA OF CRITICAL STATE CONCERN)

Binding Letter (See Also Index to Administrative Orders By Agency (IAA) For Index By County) --

DRI --

Abandonment of Carefully Examined, IAS_I-1038-001.

Circuit Court Writ of Mandamus Precluding Reversed, IAS_I-1039-001.

Concern Over the Magnitude of a Potential Environmental Disaster Alone Provides No Basis For DRI Review, IAS_I-1040-001.

Housing -- Affordable -- Impact On Considered, IAS_I-1041-002.

Marina, IAS_I-1042-001.

Pertinent Statutes Examined, IAS_I-1043-001.

Pipeline -- Petroleum -- Related Storage Facility -- DRI Review Found Not Required, IAS_I-1044-001.

Purpose of Examined, IAS_I-1045-001.

Regionally Significant Resources -- Endangered & Threatened Species 3848-3851.

Regionally Significant Resources -- Wetland, IAS_I-1046-001.

Transportation -- Regionally Significant Roadways Identified, IAS_I-1047-003.

Interpretation of Vested Rights Status --

Aggregation Rule Found to Be Inapplicable, IAS_I-1048-002.

Housing -- Affordable -- Impact On Considered, IAS_I-1049-001.

Low Income Housing -- Impact On, IAS_I-1050-001.

Mooring Buoys For Marine Vessels Off Key West, IAS_I-1051-001.

Multi-Use Development, IAS_I-1052-001.

Portion of Project Only Found Vested, IAS_I-1053-001.

Regionally Significant Resources -- Endangered & Threatened Species, IAS_I-1054-002.

Regionally Significant Resources -- Manatees, IAS_I-1055-001.

Regionally Significant Resources -- Seagrass Community, IAS_I-1056-001.

Regionally Significant Resources -- Vegetation & Wildlife, IAS_I-1057-001.

Regionally Significant Resources -- Wetlands, IAS_I-1058-002.

Reliance & Change of Position Prior to 7/1/73, IAS_I-1059-001.

Transportation -- Regionally Significant Roadways Identified, IAS_I-1060-013.

Transportation -- Substantial Impacts Defined, IAS_I-1061-001.

Unified Plan of Development -- Test For, IAS_I-1062-001.

Modification to DRI With Vested Rights --

Broward & Dade County -- Multi-Use Development, IAS_I-1063-001.

Substantial Changes -- Test For, IAS_I-1064-001.

Substantial Changes Found, IAS_I-1065-004.

Substantial Changes Not Found, IAS_I-1066-005.

Transportation -- Regionally Significant Roadways Identified, IAS_I-1067-002.

Unified Plan of Development -- Test For, IAS_I-1068-001.

Community Development Block Grant --

1990 Census Data Utilized, IAS_I-1069-001.

Challenge to Dept. Determination of Completeness of Application, IAS_I-1070-001.

Challenge to Scoring of Application, IAS_I-1071-001.

City of Apalachicola --

Statutory-Required Advertisement Found Deficient -- Denied, IAS_I-1072-001.

City of Chipley --

Application Rescored, IAS_I-1073-001.

City of Crescent City --

Administrative Close-Out of Prior Year's Grant Found Lacking, IAS_I-1074-001.

City of Leesburg --

Application Rescored, IAS_I-1075-001.

City of Lynn Haven --

Formal Hearing Denied -- Informal Hearing Granted, IAS_I-1076-001.

City of St. Marks --

Additional Points On Application Denied, IAS_I-1077-001.

Consultant's Claim For Reimbursement of Fee Related to An Application Denied, IAS_I-1078-001.

Dept. Attempt to Terminate Due to Allegedly False Representations On Application Reversed, IAS_I-1079-001.

Failure to Properly Submit Complete Application, IAS_I-1080-001.

Funding Is Available to Cities & Counties Only - Not Consultants, IAS_I-1081-001.

Jackson County --

Funding Amount Affirmed, IAS_I-1082-001.

Jefferson County --

Additional Points On Application Denied, IAS_I-1083-001.

Project Administration Expenses Are Cancellable Only If the Grant Recipient Had Authority to Terminate the Same, IAS_I-1084-001.

Supplementation of Application, IAS_I-1085-001.

Town of Lady Lake --

Rejection of Application Found Improper, IAS_I-1086-001.

Comprehensive Plan (See Also ADMINISTRATION Comm.; COUNTY GOVERNMENT, Local Comprehensive Plan) --

§163 --

Circuit Court Dismissal of Constitutional Challenge to Reversed, IAS_I-1087-001.

Circuit Court Lacks Jurisdiction to Determine Consistency of Local Plan With, IAS_I-1088-001.

Exclusive Administrative Remedy For Inconsistencies In Local Plans -- Purpose of Examined, IAS_I-1089-001.

Found Not to Mandate Gross Expenditures of Local Government Funds, IAS_I-1090-001.

Purpose of -- To Insure Consistency of Local Plans & Development Orders With State Plan, IAS_I-1091-001.

Tension Between State Oversight & Local Home Rule Powers Examined, IAS_I-1092-001.

Amendments to --

§380 Is a Remedial Statute -- Amendments Must Be Applied Retroactively, IAS_I-1093-001.

Adequate Rationale Need Not Be Provided, IAS_I-1094-001.

Challenge Proper Despite Pending Challenge to the Overall Plan, IAS_I-1095-002.

Challenge to Does Not Open the Overall Plan to Challenge Also, IAS_I-1096-001.

In Compliance Determination Is Applicable, IAS_I-1097-001.

Intensity & Density Rules Are Applicable, IAS_I-1098-001.

Must Be Reviewed With Respect to Impact On Overall Plan, IAS_I-1099-001.

Need Not Be Consistent With Plan As a Whole, IAS_I-1100-001.

Rejection of Dept. Proposed Modifications, IAS_I-1101-001.

Standard Governing Review of, IAS_I-1102-001.

Statutory Procedure For Discussed, IAS_I-1103-001.

Attorney's Fees (See Also PRACTICE & PROCEDURE) --

§163.3184 Takes Precedence Over §120 Provisions, IAS_I-1104-001.

Compatible With --

Defined, IAS_I-1105-001.

Consistency --

Defined & Discussed, IAS_I-1106-004.

With State or Regional Plan -- Local Plan, IAS_I-1107-001.

Consistency of Local Ordinance With Local Comprehensive Plan --

Criteria For Determining Discussed, IAS_I-1108-001.

Monroe County Rate of Growth Ordinance 16-1992, IAS_I-1109-001.

Standing -- Two-Prong Test, IAS_I-1110-001.

Development --

Defined, IAS_I-1111-001.

Everglades -- Decision On Restoration of Found to Be Years Away, IAS_I-1112-001.

Failure to Adopt Within Sixty (60) Days of Dept. Written Comments Found Harmless, IAS_I-1113-001.

Future Land Use Map Defined & Discussed, IAS_I-1114-001.

Home Rule Constitutional Powers of Local Governments Explored, IAS_I-1115-001.

In Compliance --

Defined, IAS_I-1116-017.

Flexibility For Small Rural Counties, IAS_I-1117-002.

Local Zoning History Is Immaterial, IAS_I-1118-001.

Once a Plan Is Brought Into No Further Remedies Exist, IAS_I-1119-001.

Plan In Entirety & Amendments Considered, IAS_I-1120-001.

Standards For Determining -- Amendments, IAS_I-1121-002.

State Comprehensive Plan Discussed, IAS_I-1122-001.

Technically Does Not Encompass Administration Comm. Remedial Action Order, IAS_I-1123-001.

Internal Inconsistencies --

Defined & Discussed, IAS_I-1124-004.

Future Land Use Policy In Conflict With Conservation Policy, IAS_I-1125-001.

Minimum Criteria Approach, IAS_I-1126-001.

Standards For Determining Examined, IAS_I-1127-004.

Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) --

Affected Person -- Defined, IAS_I-1128-002.

Attorney's Fees Awards Against -- Disfavored, IAS_I-1129-001.

Burden of Proof -- Differences Between §163.3184(9)(a) & (10)(a) Examined, IAS_I-1130-001.

Burden of Proof -- Different Standards In Different Procedural Situations Are Logical, IAS_I-1131-001.

Burden of Proof -- "Fairly Debatable Standard" -- Defined & Discussed, IAS_I-1132-003.

Burden of Proof -- Not Even Fairly Debatable Standard -- Is a Heavy One, IAS_I-1133-003.

Burden of Proof -- Not Even Fairly Debatable Standard, IAS_I-1134-020.

Burden of Proof -- Whether Satisfied Is a Question of Fact, IAS_I-1135-002.

Burden of Proof When Dept. & Local Government Reaches a Stipulated Settlement, IAS_I-1136-001.

Challenge Prior to Dept. Compliance Determination Is Premature, IAS_I-1137-001.

Challenge to Dept. Approved Remedial Amendments Opens a New Proceeding, IAS_I-1138-002.

Challenge to Settlement Between Dept. & Local Government -- Mechanics of Examined, IAS_I-1139-001.

Mootness of Petition Leads to Dismissal, IAS_I-1140-001.

Notice -- Defects In Not Jurisdictional, IAS_I-1141-001.

Notice -- Definition of Newspaper of General Circulation, IAS_I-1142-002.

Notice -- Proposed Amendment Rescinded After Defect In Is Discovered, IAS_I-1143-001.

Notice -- Requirements Exhaustively Explored, IAS_I-1144-001.

Public Participation Requirement -- Named Individual Within An Assoc. Withdraws, IAS_I-1145-001.

Public Participation Requirement Examined & Found to Be Procedural, IAS_I-1146-003.

Standing -- Association -- Named Individual Withdraws Midstream, IAS_I-1147-002.

Standing -- Association -- Neighborhood, IAS_I-1148-001.

Standing -- Association -- Residency Requirements, IAS_I-1149-001.

Standing -- Association, IAS_I-1150-001.

Standing -- Broader Under §163 Than §120 Generally, IAS_I-1151-002.

Standing -- Citizens, IAS_I-1152-001.

Standing -- Improper DOAH Finding of Found to Constitute Reversible Error, IAS_I-1153-001.

Standing -- Mere Participation In the Local Planning Process Alone Is Insufficient, IAS_I-1154-001.

Standing -- Neighboring Municipality, IAS_I-1155-001.

Legislatively Sets a Zoning Norm For Each Zone, IAS_I-1156-001.

Less Populated Area of the State --

More Flexible Review to Be Accorded Discussed, IAS_I-1157-002.

Local Government Retains Considerable Discretion, IAS_I-1158-001.

Natural Resource Issues --

State Regulatory Programs Do Not Allow Local Government to Ignore, IAS_I-1159-002.

Oral Argument Before the Secretary Denied, IAS_I-1160-001.

Planning Decisions Can Be Deferred Until Subsequent Land Development Regulations Are Promulgated, IAS_I-1161-001.

Prisons -- Can Be Compatible In Either Urban or Rural Settings, IAS_I-1162-001.

Purpose of --

Permitting Issues Are Not Pertinent, IAS_I-1163-001.

Planning For -- Not Permitting For -- Growth, IAS_I-1164-001.

Requisite Data, Studies, etc. --

Best Available Data At Time Plan Is Developed Is to Be Utilized, IAS_I-1165-001.

In Support of, IAS_I-1166-006.

Requisite Elements of Discussed, IAS_I-1167-001.

Requisite Data, Studies, etc. --

Best Available Data At Time Plan Is Developed Is to Be Utilized, IAS_I-1168-001.

State Comprehensive Plan Requires the Protection of Unique Natural Habitats & Functioning Ecological Systems, IAS_I-1169-001.

Urban Sprawl --

Consideration of Exhaustively Explored, IAS_I-1170-001.

Dept. Rulemaking Initiatives In This Area Examined, IAS_I-1171-001.

Relationship of Prisons to, IAS_I-1172-001.

Comprehensive Plan -- Brevard County -- Intervenor Challenge to Amendment, IAS_I-1173-001.

Comprehensive Plan -- Brevard County -- Intervenor Challenge, IAS_I-1174-001.

Comprehensive Plan -- Broward County -- Intervenor Challenge to Amendment, IAS_I-1175-002.

Comprehensive Plan -- City of Daytona Beach -- Intervenor Challenge to Amendment, IAS_I-1176-001.

Comprehensive Plan -- City of Destin -- Intervenor Challenge to Amendment, IAS_I-1177-002.

Comprehensive Plan -- City of Gainesville -- Intervenor Challenge, IAS_I-1178-001.

Comprehensive Plan -- City of Hialeah -- Intervenor Challenge to Amendment, IAS_I-1179-001.

Comprehensive Plan -- City of Jacksonville -- Intervenor Challenge, IAS_I-1180-001.

Comprehensive Plan -- City of New Port Richey -- Intervenor Challenge to Amendment, IAS_I-1181-001.

Comprehensive Plan -- City of St. Augustine -- Intervenor Challenge, IAS_I-1182-001.

Comprehensive Plan -- Collier County -- Intervenor Challenge to Amendment, IAS_I-1183-001.

Comprehensive Plan -- Gilchrist County -- Intervenor Challenge to Amendment, IAS_I-1184-001.

Comprehensive Plan -- Hernando County -- Intervenor Challenge to Amendment, IAS_I-1185-001.

Comprehensive Plan -- Highlands County -- Intervenor Challenge to Amendment, IAS_I-1186-001.

Comprehensive Plan -- Lake County -- Intervenor Challenge to Amendment, IAS_I-1187-001.

Comprehensive Plan -- Lee County -- Intervenor Challenge to Settlement with Dept., IAS_I-1188-001.

Comprehensive Plan -- Marion County -- Intervenor Challenge to Amendment, IAS_I-1189-002.

Comprehensive Plan -- Martin County -- Intervenor Challenge to Amendment, IAS_I-1190-001.

Comprehensive Plan -- Monroe County -- Portions of Plan Approved By Rule, IAS_I-1191-001.

Comprehensive Plan -- Orange County -- Intervenor Challenge to Amendment, IAS_I-1192-001.

Comprehensive Plan -- Santa Rosa County -- Intervenor Challenge to Remedial Amendments, IAS_I-1193-001.

Comprehensive Plan -- Sarasota County -- Intervenor Challenge to Amendment, IAS_I-1194-001.

Comprehensive Plan -- Sumter County -- Intervenor Challenge to Amendment, IAS_I-1195-001.

Comprehensive Plan -- Sumter County -- Intervenor Challenge, IAS_I-1196-001.

Comprehensive Plan -- Suwannee County -- Intervenor Challenge to Amendment, IAS_I-1197-001.

Comprehensive Plan -- Town of McIntosh -- Intervenor Challenge, IAS_I-1198-001.

Comprehensive Plan -- Wakulla County -- Intervenor Challenge to Amendment, IAS_I-1199-001.

Declaratory Statements (See Also DECLARATORY STATEMENTS) --

Finding That East Coast Regional Wastewater Facilities Operation Board Was Not a Special District --

This Finding Upheld -- Additional Findings Found Beyond Comm. Jurisdiction, IAS_I-1200-001.

Special Districts --

Classification of -- Must Be a Local Unit of Special-Purpose Government, IAS_I-1201-001.

Not-For-Profit Corporate Status Discussed, IAS_I-1202-001.

Emergency Management Preparedness & Assistance Trust Fund --

Citrus County --

Proposed Scores Reduced, IAS_I-1203-001.

City of Key West --

Application Denied, IAS_I-1204-001.

Federal Disaster Assistance Funds Distribution --

Challenge to By Holmes, Washington, & Gulf Counties, IAS_I-1205-001.

Review of the Federal Funding Program, IAS_I-1206-001.

Fla. Hazardous Materials/Emergency Response/Community Right-to-Know Act --

Challenge to Late Fee For Untimely Filing Rejected, IAS_I-1207-001.

Fla. Housing Finance Agency --

Denial of Application For Low-Income Housing Credit Reversed, IAS_I-1208-001.

Florida Communities Trust --

Award to City of Titusville --

Intervenor/Taxpayer Protest Dismissed For Lack of Standing, IAS_I-1209-001.

Jurisdiction --

Challenges to Development Orders In Any Area of Critical State Concern, IAS_I-1210-001.

Enforcement of Local Development Orders Discussed, IAS_I-1211-001.

Local Development Order (See Also COUNTY GOVERNMENT) --

§380.06 Does Not Require Establishment of a Build-Out Date, IAS_I-1212-001.

Alteration of County Road By Local Developer --

Petition Challenging Dismissed For Lack of Jurisdiction, IAS_I-1213-001.

Comm. Lacks Jurisdiction to Review, IAS_I-1214-001.

Rules of Construction Discussed, IAS_I-1215-001.

Notice of Violation --

Dept. Has the Burden of Proof, IAS_I-1216-001.

Development Order -- Leon County --

Failure to Comply With Build-Out Date, IAS_I-1217-001.

Failure to Connect With Central Sewer System, IAS_I-1218-001.

Development of Residential Subdivision In Violation of Buildout Date & Central Sewer System Requirement In Local Development Order, IAS_I-1219-001.

Special Districts (See Also CONSTITUTION (Fla); Declaratory Statements) --

Classification of --

Dependent District -- Ten Mill Cap On Property Tax Upheld, IAS_I-1220-001.

Dependent Special Districts Discussed, IAS_I-1221-001.

Independent Special Districts Discussed, IAS_I-1222-001.

Statutory Intent of §200.071(2) Examined, IAS_I-1223-001.

Susceptibility to Being Reorganized As Independent Found Immaterial, IAS_I-1224-001.

Entities Created By Interlocal Agreement Discussed, IAS_I-1225-001.

Legislative History Regarding Examined, IAS_I-1226-001.

Millage Limitations --

Calculation of Examined, IAS_I-1227-001.

Status of $10.00 Gift Certificate Purchased After 5/15/89, IAS_I-1228-001.

Association --

Bd. of Directors --

Removal of Directors, IAS_I-1230-001.

Removal of Officers, IAS_I-1231-001.

Common Elements --

Exclusive Rights of Unit Owner to In Accordance With Declaration, IAS_I-1232-001.

Forfeiture of Rights to Prohibited, IAS_I-1233-001.

Marina -- Privileges At Cannot Be Revoked, IAS_I-1234-001.

Community Council Can Operate Through Representatives, IAS_I-1235-001.

Limitations on Enforcement Powers, IAS_I-1236-001.

Status of Community Council As, IAS_I-1237-001.

Declaration of Condominium -

Div. Lacks Authority to Interpret Ambiguous Provisions, IAS_I-1238-001.

Incorporation of Future Statutory Amendments, IAS_I-1239-001.

Statute In Effect At Time of Recording Is Applicable, IAS_I-1240-001.

License --

Community Assoc. Manager --

Diversion of Association Funds, IAS_I-1241-001.

Abolition of Affirmative Defenses to Tort Liability Does Not Offend, IAS_I-1242-001.

Administration Comm. (See Also ADMINISTRATION Comm.) --

Lacks Power to Reduce Legislative Appropriations to Cover Revenue Shortfall, IAS_I-1243-001.

Agencies Cannot Impose Imprisonment Or Any Other Penalty Not Expressly Authorized By Statute, IAS_I-1244-001.

Agency Heads Are Public Officers Commissioned By Governor & Confirmed By the Senate --

Authority to Exercise Portion of Sovereign Power Noted, IAS_I-1245-001.

Amendment By Voter Initiative (See Also CITY GOVERNMENT, Ballot Referendums) --

§16.001 & § 101.161 -- Constitutional Challenges to Not Entertained, IAS_I-1246-001.

Appellate Review -- Supreme Court (See Also APPELLATE REVIEW) --

Scope of Examined, IAS_I-1247-001.

Ballot Title & Summary -- Desirability of Governmental Regulation of Suggested By Fla. Supreme Ct., IAS_I-1248-001.

Ballot Title & Summary Are to Be Read Together, IAS_I-1249-001.

Ballot Title & Summary Found Adequate, IAS_I-1250-004.

Ballot Title & Summary Found Inadequate, IAS_I-1251-002.

Ballot Title & Summary Found Misleading -- With Analysis, IAS_I-1252-001.

Ballot Title & Summary Must Afford Fair Notice, IAS_I-1253-001.

Construction (See Also Construction; STATUTES) --

Amendment Should Be Construed As a Whole, IAS_I-1254-001.

Less Latitude Than For Statutes, IAS_I-1255-001.

Nothing Logically Relevant Should Be Excluded, IAS_I-1256-001.

Ridiculous Result Necessarily Erroneous, IAS_I-1257-001.

Each Amendment Is to Be Reviewed With Extreme Care, Caution & Restraint, IAS_I-1258-001.

Everglades Sugar Fee/Everglades Trust Fund/Responsibility For Paying Costs, IAS_I-1259-001.

Inapposite Date-Specific Deadline Is of No Consequence -- Use of Date-Specific Deadlines Questioned, IAS_I-1260-001.

Initiative Cannot Alter or Usurp Power From Multiple Branches of State Government, IAS_I-1261-001.

Marine Net Ban Initiative --

Found Valid, IAS_I-1262-001.

Methodology For Measuring Trawl Nets, IAS_I-1263-001.

Motion to Expedite Briefing & Oral Argument Schedule Denied, IAS_I-1264-002.

Save Our Everglades Trust Fund Initiative --

Motion to Expedite Briefing & Oral Argument Schedule Denied, IAS_I-1265-002.

Stricken, IAS_I-1266-001.

Second Review By Supreme Court Found Warranted Under the Circumstances, IAS_I-1267-001.

Single-Subject Test (See Also Legislature, Appropriations, Statutes; STATUTES, Constitutionality) --

Affect On Multiple Branches of Government, IAS_I-1268-001.

Applies Only to Amendment By Voter Initiative, IAS_I-1269-001.

De Minimus Wording Changes Midstream, IAS_I-1270-001.

Discussed & Found Satisfied, IAS_I-1271-003.

Discussed & Found Violated, IAS_I-1272-001.

Interaction With Other Constitutional Provisions, IAS_I-1273-001.

Purpose of Discussed, IAS_I-1274-003.

Standards Governing Review of, IAS_I-1275-003.

Stop Early Release of Prisoners -- Initiative Found Valid After Amendment, IAS_I-1276-001.

Supreme Court Is Without Authority to Rule On the Merits of the Proposal, IAS_I-1277-002.

Use of a Question In Ballot Title or Summary Is Dubious But Not Misleading Per Se, IAS_I-1278-001.

Amendment of --

Four (4) Avenues For Examined, IAS_I-1279-001.

Authority of An Agency to Define Elements of a Crime --

Exhaustively Explained, IAS_I-1280-001.

Class Actions --

Proper Vehicle For Constitutional Challenges, IAS_I-1281-001.

Common Law --

Defined & Discussed, IAS_I-1282-001.

Reliance On Examined, IAS_I-1283-001.

Constitutional Officers --

Governor's Power to Suspend Examined, IAS_I-1284-001.

Prohibition On Holding Dual Offices Explored, IAS_I-1285-002.

Construction (See Also Amendment By Voter Initiative, STATUTES) --

Contemporaneous Construction of By Statute Presumed Correct, IAS_I-1286-001.

Courts Defer to Legislative Determinations, IAS_I-1287-001.

Impossible Or Irrational Constructions Will Not Be Utilized to Salvage a Defective Provision, IAS_I-1288-001.

County Officers --

Governor's Power to Suspend Examined, IAS_I-1289-001.

Prohibition On Holding Dual Offices Explored, IAS_I-1290-001.

District Officers --

Governor's Power to Suspend Examined, IAS_I-1291-001.

Double Jeopardy -- Criminal Plea As Basis For Discipline --

Administrative Discipline Based On Related Criminal Charges Does Not Constitute, IAS_I-1292-001.

Discipline Based On a Criminal Charge That Was Dropped, IAS_I-1293-001.

Multiple Penalties For a Single Offense, IAS_I-1294-001.

Out-of-State Discipline, IAS_I-1295-001.

Due Process (See Also CONSTITUTION (U.S.); PRACTICE & PROCEDURE) --

Abolition of Affirmative Defenses to Tort Liability Does Not Offend, IAS_I-1296-001.

Challenges to Statute As Void For Vagueness, IAS_I-1297-001.

Persons Only - Not Governmental Entities - Are Protected By, IAS_I-1298-001.

Right to Have Disciplinary Action Expeditiously Prosecuted, IAS_I-1299-001.

Vague Statute Found to Violate, IAS_I-1300-001.

Employee Right to Collectively Bargain (See Also PUBLIC EMPLOYEES) --

Constitutional Guarantee Explored, IAS_I-1301-001.

Public Employee Rights Are Identical to Private Employees, IAS_I-1302-001.

Free & Uniform Public Schools --

Caselaw From Other States Is of Limited Value, IAS_I-1303-001.

Constitutional Challenge to Funding of As Inadequate Reversed, IAS_I-1304-001.

Historical Evolution of Fla. Constitutional Provision Examined, IAS_I-1305-001.

Supreme Court Declines Opportunity to Define This, Leaving It to the Legislature, IAS_I-1306-001.

Supreme Court Discusses Standards Governing, IAS_I-1307-001.

Supreme Court Rejects Constitutional Challenge to Level of Funding, IAS_I-1308-001.

Gambling --

Cruise Ship Gambling, IAS_I-1309-001.

Internet Gambling, IAS_I-1310-001.

Interrelationship Between Federal & State Law On the Subject, IAS_I-1311-001.

Governor (See Also GOVERNOR)

Governor's Appointment Perrogative (See Also GOVERNOR) --

Deep-Rooted Philosophy In Favor of, IAS_I-1312-001.

Governor's Power to Suspend Both County & District Officers Explored, IAS_I-1313-001.

Governor's Power to Suspend School Board Members Examined, IAS_I-1314-001.

Home Rule Power (See Also COUNTY GOVERNMENT) --

Implications For Local Land Regulation & Comprehensive Planning Examined, IAS_I-1315-001.

Road Project Across Municipal Boundaries -- State Intervention, IAS_I-1316-001.

Impairment of Contract (See Also CONSTITUTION (U.S.)) --

Large Surety Bond As Condition Precedent For Oil & Gas Lease, IAS_I-1317-002.

Modification of Perpetual Oyster Harvesting Leases By Statute, IAS_I-1318-001.

Interlocal Agreements Transferring Power --

Requirement For a Referendum, IAS_I-1319-001.

Judicial Branch of Government --

Access To --

Constitutional Guarantee Examined, IAS_I-1320-001.

Judicial Duty to Guarantee Examined, IAS_I-1321-001.

Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IAS_I-1322-001.

Clerk of Circuit Court --

Applicability of §119 Public Records Act, IAS_I-1323-002.

Immunity From Legislative Oversight Examined, IAS_I-1324-002.

Status As Autonomous Elected County Officer Within the Judicial Branch of Government, IAS_I-1325-002.

Legislature --

Appropriations --

Amendment By Reference -- Prohibition On, IAS_I-1326-001.

Appropriations Bill Cannot Amend An Existing Law On a Subject Other Than Appropriations, IAS_I-1327-003.

Appropriations Defined, IAS_I-1328-001.

Are Valid Only For the Term of the Pertinent Fiscal Year, IAS_I-1329-001.

Constitutional Challenge to Funding of Public Schools As Inadequate Rejected, IAS_I-1330-001.

Exclusive Prerogative Of The Legislature Noted, IAS_I-1331-001.

Governor's Petition to Strike Certain Proviso Language Granted By the Supreme Court, IAS_I-1332-003.

Implementing Bill Discussed, IAS_I-1333-001.

Judiciary Cannot Usurp the Power to Appropriate, IAS_I-1334-001.

Lottery Proceeds -- Legislature Has the Exclusive Authority to Determine the Ultimate Disposition of, IAS_I-1335-001.

Offending Section of a Bill Can Be Severed, IAS_I-1336-001.

Single-Subject Requirement (See Also Amendment By Voter Initiative)

Single Subject Requirement Examined, IAS_I-1337-003.

Substantive Law May Properly Contain An Appropriation, IAS_I-1338-001.

Election Campaign Financing --

Constitutional Challenge To §106.32(1) Rejected, IAS_I-1339-001.

Houses of May Be Joined In Constitutional Litigation By & Through Their Presiding Officers, IAS_I-1340-001.

Prerogative to Tax Explored, IAS_I-1341-001.

Limitation On Growth In State Revenues --

Absence of Implementing Bill Noted, IAS_I-1342-001.

Residential Property & Casualty Joint Underwriting Assoc. --

Monies Collected Are Not Considered State Revenue or General Funds, IAS_I-1343-001.

Not Performing a Traditional Governmental Function, IAS_I-1344-001.

Limitation On the Number of Executive Branch Departments -- 25 --

Agency For Health Care Administration (AHCA) --

AHCA, IAS_I-1345-001.

An Independent Agency Within the Department of Professional Regulation, IAS_I-1346-001.

Found Not to Violate, IAS_I-1347-001.

Departments Cannot Be Hodge Podges, IAS_I-1348-001.

Departments Must Be Comprised of Functionally Similar Agencies, IAS_I-1349-001.

Legislature Cannot Prevent Executive Branch Agency From Reporting Directly to the Governor, IAS_I-1350-001.

Nondelegation of Legislative Power --

Discussed, IAS_I-1351-001.

Explored, IAS_I-1352-003.

Statute Found Not to Offend This Provision, IAS_I-1353-001.

Violation of This Doctrine Found, IAS_I-1354-001.

Police Power -- State of Fla.

Environmental & Land Use Regulation --

As Applied Constitutional Challenge, IAS_I-1355-001.

Balancing of Private Property Rights & Public Interest Discussed, IAS_I-1356-002.

Constitutional Protection of Property Rights Surveyed, IAS_I-1357-002.

Due Process Analysis, IAS_I-1358-001.

Environmental Degradation -- Evils of Examined, IAS_I-1359-001.

Equal Protection Analysis, IAS_I-1360-001.

Protection of Endangered Animal Species, IAS_I-1361-001.

Society Is the Steward But Not the Unreasoning Overlord, IAS_I-1362-001.

Voter Initiative Cannot Usurp Agency Jurisdiction, IAS_I-1363-001.

Rezoning By Local Government --

Balancing of Private Property Rights & Public Interest Discussed, IAS_I-1364-001.

Presumptions (See Also PRACTICE & PROCEDURE, Evidence) --

§90.302 Provisions Examined, IAS_I-1365-001.

Defined & Discussed, IAS_I-1366-001.

Irrebuttable --

Creation of Reserved to Courts and Legislative, IAS_I-1367-001.

Unconstitutional Per Se, IAS_I-1368-002.

Rebuttable --

Those Which Shift Burden of Proof Express Social Policies, IAS_I-1369-001.

Prohibition On Dual Office Holding (Sec. 5(a), Art. II) Examined & Found Applicable, IAS_I-1370-002.

Right To Jury Trial --

Federal Caselaw Found Analogous, IAS_I-1371-002.

Fla. Constitution Preserves This Right As It Existed In 1845, IAS_I-1372-001.

Flows From the Existence of Such a Right At Common Law, IAS_I-1373-001.

Not Limited to Proceedings Existent Prior to Fla. Constitution, IAS_I-1374-001.

Revenue -- Exhaustively Explored, IAS_I-1375-001.

Revenue -- None In Challenge to Nonjudicial Tax Assessment, IAS_I-1376-001.

Revenue -- Right to Found In Challenge to Penalty For Fraud, IAS_I-1377-001.

Right to Privacy --

Elements of This Cause of Action Examined, IAS_I-1378-001.

Governmental Intrusion Distinguished From An Individual State Employee's Actions Outside the Scope of Their Employ, IAS_I-1379-001.

HRS Policy Disqualifying Homosexuals As Foster Parents Found to Violate, IAS_I-1380-001.

Reasonable Expectation of Must Be Established, IAS_I-1381-001.

Separation of Powers --

Circuit Court Dismissal of HRS Dependency Action Found to Violate, IAS_I-1382-001.

Courts Will Not Second Guess Policy Choices of State Agencies Overseen By the Legislature, IAS_I-1383-001.

Judicial Review of Level of Appropriations For Education Is Quite Limited, IAS_I-1384-001.

Proposed Voter Initiative Found to Violate This Doctrine, IAS_I-1385-001.

This Mandate Is To Be Strictly Construed, IAS_I-1386-001.

Sovereign Immunity (See Also CONSTITUTION (U.S.)) --

§373.443 Found Not To Immunize Water Management Dist. From Liability For Negligence In Operational-level Activities, IAS_I-1387-001.

Civil Suit Against HRS For Injuries to Client At HRS-Licensed Facility Dismissed, IAS_I-1388-001.

Does Not Insulate a State From Constitutional Challenges, IAS_I-1389-001.

Special District (See Also COMMUNITY AFFAIRS, Dept. of) --

Cap On Property Tax Millage Upheld, IAS_I-1390-001.

Statutes (See Also STATUTES, Constitutionality)

Agencies and Public Officers Are Usually Prohibited From Challenging Laws They Are Bound to Apply, IAS_I-1391-001.

Arbitrary -- Standard For Determining As Unconstitutional, IAS_I-1392-001.

As Applied Vis Facial Constitutionality, IAS_I-1393-001.

General Vis Special Laws (See Also STATUTES), IAS_I-1394-001.

Judicial Finding That New Statute Is Unconstitutional Revives the Predecessor Statute, IAS_I-1395-001.

Matters Within a Statute Must Have a Natural & Logical Connection, IAS_I-1396-001.

Presumed to Be Constitutional, IAS_I-1397-003.

Rule of Constitutional Law Broader Than Required Is Never Formulated, IAS_I-1398-001.

Severability of Defective Provisions Discussed, IAS_I-1399-001.

Severability of Unconstitutional Provision of a General Law, IAS_I-1400-001.

Single Subject Rule (See Also Amendment By Voter Initiative; STATUTES, Constitutionality) --

Single Subject Rule Exhaustively Explored, IAS_I-1401-001.

Single Subject Rule Found Not Violated --

Surcharge On Oysters Harvested From Apalachicola Bay, IAS_I-1402-001.

Single Subject Rule Inapplicable to Sections of the Fla. Statutes, IAS_I-1403-001.

Title --

Must Briefly State the Subject Matter of the Law, IAS_I-1404-001.

Purpose -- To Put Interested Persons On Notice of the Subject Matter, IAS_I-1405-001.

Vagueness (See Also RULES & RULEMAKING; STATUTES) --

Criminal/Administrative/Ethics Statutes Compared, IAS_I-1406-001.

Due Process Protection Against Examined, IAS_I-1407-001.

Test For Examined, IAS_I-1408-001.

Vagueness -- Absence of Criminal Sanctions Is Germane, IAS_I-1409-001.

Vagueness -- Penal Provisions, IAS_I-1410-001.

Vagueness -- Statute Found to Violate Prohibition On, IAS_I-1411-002.

Vagueness -- Test For Examined, IAS_I-1412-001.

Taxation (See REVENUE, Dept. of, Taxing Enactment; TAXATION)

Trust Funds of the State of Fla. --

Constitutional Limitation On Creation of Examined, IAS_I-1413-002.

Vagueness (See STATUTES)

Mechanical Application of Statutory Bond Requirement Found to Violate -- Tax Challenge, IAS_I-1414-001.

Amendment By Voter Initiative (See Also CONSTITUTION (Fla.)) --

Construction --

Exact Letter of Provision Must Be Followed, IAS_I-1415-001.

Extrinsic Guidelines Cannot Defeat Express Language, IAS_I-1416-001.

Intent of Framers Is Not Controlling, IAS_I-1417-001.

Class Actions --

Proper Vehicle For Constitutional Challenges, IAS_I-1418-001.

Commerce Clause --

Agency for Health Care Administration (AHCA) Preference For Independent Pharmacies, IAS_I-1419-002.

Alcohol Produced From Locally Grown Products -- Exemption Found to Violate, IAS_I-1420-001.

Distinction Between State Taxation & Regulation Examined, IAS_I-1421-001.

Impact Fee On Motor Vehicles Previously Titled or Registered Out-of-State, IAS_I-1422-001.

Improper Discriminatory Impacts Discussed, IAS_I-1423-001.

Legislation Impacting Interstate Commerce Must Be Narrowly Drawn, IAS_I-1424-001.

Legitimate Local Purpose --

Access to Affordable Health Care, IAS_I-1425-001.

Protection of Small Business, IAS_I-1426-001.

Only "Incidental" Effects On Interstate Commerce Found, IAS_I-1427-002.

Requisite Nexus With Fla. Discussed, IAS_I-1428-003.

Rule Found Not to Violate, IAS_I-1429-001.

Standards Governing Challenges Under Examined, IAS_I-1430-007.

Due Process (See Also CONSTITUTION (Fla.); PRACTICE & PROCEDURE) --

Extinguishment of Property Rights, IAS_I-1431-001.

Federal Caselaw Regarding Surveyed, IAS_I-1432-001.

Persons Only - Not Governmental Entities - Are Protected By, IAS_I-1433-001.

Proposed Rule Challenge, IAS_I-1434-001.

Substantive -- Ripeness Test Examined, IAS_I-1435-001.

Equal Protection Clause --

Differing Regulatory Scheme In Florida Alone Does Not Violate, IAS_I-1436-001.

Proposed Rule Challenge, IAS_I-1437-001.

Rational Basis Test Explored, IAS_I-1438-001.

Retaliatory Tax On Foreign Insurers Found Not to Violate, IAS_I-1439-001.

Establishment Clause --

Public School Celebration of Halloween Found Not to Violate, IAS_I-1440-001.

Standards Governing These Challenges Examined, IAS_I-1441-001.

Ex Post Facto Law (See Also STATUTES, Retroactive Application) --

Procedural Statute Cannot Violate Even If Retroactive, IAS_I-1442-001.

Retroactive Application of Amendment to Provisional Credit Prison Statute, IAS_I-1443-001.

Retroactive Application of Penal Statute, IAS_I-1444-001.

Statute Found Not to Violate Prohibition On, IAS_I-1445-001.

Fifth Amendment --

Availability of Entrapment Defense In Administrative Proceedings Questioned But Not Reached, IAS_I-1446-001.

Fla. Jeopardy Tax On Controlled Substances Found to Violate, IAS_I-1447-001.

First Amendment --

Commercial Speech --

DOI Restrictions On Advertising of Insurance Products By Financial Institutions, IAS_I-1448-001.

Test For Measuring Restrictions On, IAS_I-1449-003.

Three (3) Part Test For Measuring Restrictions On, IAS_I-1450-001.

Commercial Speech Is Protected, IAS_I-1451-001.

Internet --

Gambling On, IAS_I-1452-001.

Mechanics of Examined, IAS_I-1453-001.

Regulation of Found Beyond the Reach of State Government, IAS_I-1454-001.

Prior Restraint Disfavored --

Campaign Finance Law, IAS_I-1455-001.

Exhaustively Explored, IAS_I-1456-001.

Presumptively Unconstitutional, IAS_I-1457-001.

Statutory Prohibition On Canvassing For Hearing Aid and Customers, IAS_I-1458-001.

Test For Violation of, IAS_I-1459-001.

Fourth Amendment --

Exclusion of Evidence In Criminal Case Can Be Applicable to Parallel Administrative Case, IAS_I-1460-001.

Exclusion of Evidence In Criminal Case Found Inapplicable to Parallel Administrative Case, IAS_I-1461-001.

Exclusion of Evidence In Criminal Case Involving An Administrative Agency, IAS_I-1462-001.

Impairment of Contract (See Also CONSTITUTION (Fla.)) --

Claim of Rejected, IAS_I-1463-001.

Privilege Against Self-Incrimination --

Bd. of Medicine Cannot Divest By Rule --

Sexual Relationships With Patients, IAS_I-1464-001.

Can Be Waived By Licensee, IAS_I-1465-001.

Caselaw Regarding Examined, IAS_I-1466-001.

Deposition -- There Is No Blanket Protection, IAS_I-1467-001.

Inapplicable In Administrative Proceedings, IAS_I-1468-002.

Jeopardy Tax -- Dept. of Revenue, IAS_I-1469-001.

Sovereign Immunity (See Also CONSTITUTION (Fla.)) --

Does Not Insulate a State From Constitutional Challenges, IAS_I-1470-001.

Supremacy Clause --

Rule Found Not to Violate, IAS_I-1471-001.

States Cannot Require Federal Employees to Obtain State License Absent Federal Waiver, IAS_I-1472-001.

Taking (See TAKING)

Statutory Definition of "Contractor" Examined, IAS_I-1473-001.

License --

Bd. Suspension Reversed Upon DBPR Confession of Error, IAS_I-1474-001.

Local Authority to Regulate --

Persons Working Under State Certified or Registered Contractors, IAS_I-1475-001.

Recent Statutory Amendment Examined, IAS_I-1476-001.

Swimming Pool Cleaning Services --

Definition of "Contractor" Examined & Found to Be Inapposite, IAS_I-1477-001.

Inapplicable to Contracts Not Expressly Made Subject to, IAS_I-1478-001.

Inapplicable to Procurement of Legal Services, IAS_I-1479-001.

Legal Services Contract Exempt From Competitive Bidding, IAS_I-1480-001.

Part I Is Expressly Limited to the Executive Branch of State Government, IAS_I-1481-001.

Single-Source Exemption From Discussed, IAS_I-1482-001.

Voluntary Utilization of Requires Complete Compliance With Mandates of, IAS_I-1483-001.

Agency Has Wide Discretion In Awarding Competitive Bids, IAS_I-1484-010.

Agency Is Responsible For Insuring That the Integrity of the Competitive Bidding Process Is Maintained, IAS_I-1485-001.

Agencies Are Without Jurisdiction to Adjudicate Claims Regarding, IAS_I-1486-001.

Agencies Are Without Jurisdiction to Adjudicate Their Own Liability to Outside Parties, IAS_I-1487-003.

Agencies Are Without Jurisdiction to Enforce Contracts Between Private Parties, IAS_I-1488-001.

Agriculture (See AGRICULTURE & CONSUMER SERVICES, Dept. of)

Appellate Review --

Direct Review By Writ of Mandamus Denied, IAS_I-1489-001.

Stay Imposed During Administrative Protest, IAS_I-1490-001.

Arbitrary & Capricious (See Also RULES & RULEMAKING)

Arbitrary Agency Action Defined, IAS_I-1491-003.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

§120.57(1)(b)(10) -- Awarded, IAS_I-1492-001.

§57.111 -- Exclusive DOAH Jurisdiction Cannot Be Circumvented By Agency Dismissal, IAS_I-1493-001.

§57.111 Is Applicable, IAS_I-1494-001.

Agency Gross Abuse of Discretion, IAS_I-1495-001.

Agency Motion For Denied, IAS_I-1496-001.

Denied, IAS_I-1497-002.

Banking & Finance --

Div. of Finance --

Auctioneer Services For Abandoned Property, IAS_I-1498-001.

Bids (See Also Material Irregularities, Minor Irregularities, Rejection of All Bids) --

Alleged Nonresponsiveness Rejected, IAS_I-1499-001.

Cost Analysis --

Limited to Price, IAS_I-1500-001.

Present Value Analysis Found Required By Statute, IAS_I-1501-001.

No Right to Withdraw, IAS_I-1502-001.

Notice of Bid Decision (See Notice of Bid Decision)

Rejection of All Bids, IAS_I-1503-001.

There Is a Strong Policy Favoring the Low Bidder, IAS_I-1504-001.

Bond Requirement --

Dismissal of Protest Predicated On Failure to Post Bond Reversed, IAS_I-1505-001.

Construction --

Rules Regarding Examined, IAS_I-1506-001.

Corrections --

Circuit Court Denial of Dept. Interlocutory Challenge to Venue Reversed, IAS_I-1507-001.

Office Space, IAS_I-1508-001.

Convicted Vendors List (See Public Entity Crime)

DEP (Dept. of Environmental Protection) --

Herbicide Treatment of Exotic Vegetation, IAS_I-1509-001.

Land Surveying, IAS_I-1510-001.

Decertification From Approved Vendors List --

Agency Burden of Proof Is By Clear & Convincing Evidence, IAS_I-1511-001.

Imposed Until Contractual Dispute Resolved to Agency Satisfaction -- DEP, IAS_I-1512-001.

Dispute Resolution --

Alternative Dispute Resolution Process --

Agencies Are Not Presumptively Biased, IAS_I-1513-001.

Contractual Provision For Found Binding, IAS_I-1514-001.

Statutory Grant of Power to Contract Connotes Power to Compel Arbitration, IAS_I-1515-001.

Florida A & M University --

Renovation of Football Stadium, IAS_I-1516-001.

HRS (See Also HRS, Dept. of) --

Canteen Services, IAS_I-1517-001.

Child Support Enforcement Legal Services (See Also REVENUE, Dept. of), IAS_I-1518-002.

Computer Drives & Controllers For "Florida System", IAS_I-1519-001.

Computer Programming Services -- Child Support Enforcement, IAS_I-1520-001.

Full Service Hardware Maintenance For Videos, Printers, Microcomputers, etc., IAS_I-1521-001.

Housekeeping Services For South Florida State Hospital, IAS_I-1522-002.

Laboratory Services For Medical Clinics, IAS_I-1523-001.

Laboratory Services, IAS_I-1524-001.

Lease of Office Space --

Distinction Between Existing Space & New Turn Key Construction, IAS_I-1525-001.

Lease of Office Space, IAS_I-1526-003.

Onsite Sewage Treatment & Disposal Research In Fla. Keys, IAS_I-1527-001.

Painting of Interior of Office Building, IAS_I-1528-001.

Psychogeriatric Medical & Health Care Services -- Found Exempt From §287 Protests, IAS_I-1529-001.

Renovations & Modifications to the Heating, Cooling & A/C Systems At Community Mental Health Facility, IAS_I-1530-001.

Waste Disposal Services At State Hospital, IAS_I-1531-001.

Health Care Administration, Agency For (AHCA) --

Actuarial Consulting Services, IAS_I-1532-001.

Administration of Health Insurance Program for State Employees, IAS_I-1533-001.

Identification & Recoupment of Medicaid Overpayments, IAS_I-1534-001.

Medicaid --

Mental Health Services In District VI, IAS_I-1535-001.

Prepaid Health Coverage, IAS_I-1536-001.

Prepaid Mental Health Services, IAS_I-1537-001.

Transportation Services, IAS_I-1538-001.

Pharmacy Services for State Employees Covered By Self-Insurance Plan, IAS_I-1539-002.

Juvenile Justice --

DOAH Dismisses Challenge to Dept. Recission of Boot Camp Contract For Lack of Jurisdiction, IAS_I-1540-001.

Lease of Office Space, IAS_I-1541-001.

Labor & Employment Security --

Maintenance of Data Storage & Computer Equipment, IAS_I-1542-001.

Legal Services -- Outside --

Exempt From Competitive Bidding Requirements, IAS_I-1543-001.

Management Services --

Paper Towels For All Agencies -- Challenge By 3rd Party Supplier, IAS_I-1544-001.

Material Irregularities --

Found, IAS_I-1545-001.

Minor Irregularities --

Agency Discretion to Waive, IAS_I-1546-003.

Agency Rejection of DOAH Finding Regarding Reversed, IAS_I-1547-001.

Defined & Discussed, IAS_I-1548-005.

Should Not Be Utilized to Disqualify the Low Bidder, IAS_I-1549-001.

Minor Vis Material Irregularities --

Distinction & Definitions Examined, IAS_I-1550-002.

Protest --

Agency Has Discretion to Determine Legal Sufficiency Prior to Referring Case to DOAH, IAS_I-1551-002.

All Bids Need Not Be Reevaluated Simply Because Some Arbitrary Agency Action Was Found, IAS_I-1552-001.

Arbitrary Agency Action Discussed, IAS_I-1553-003.

Burden of Proof (See Also PRACTICE & PROCEDURE) --

Preponderance of the Evidence, IAS_I-1554-002.

Burden of Proof, IAS_I-1555-002.

Circuit Court Injunction Pending Outcome of Protest Vacated, IAS_I-1556-001.

Competing Bidder's Past Performance On Other Projects Is Not Relevant, IAS_I-1557-001.

Exemption In §287 Found to Preclude -- HRS, IAS_I-1558-001.

Factual Dispute Regarding a Clear Point of Entry Requires a Hearing, IAS_I-1559-001.

Failure to Post Requisite Bond Found Fatal To, IAS_I-1560-001.

Failure to Post Requisite Bond Is Not Jurisdictional, IAS_I-1561-001.

Groves-Watkins Found Applicable to, IAS_I-1562-002.

Notice of Bid Decision (See Also Bids) --

Actual Notice Is Required, IAS_I-1563-001.

Agency Has Burden of Proof, IAS_I-1564-001.

Constructive Notice Is Disfavored, IAS_I-1565-001.

Mere Posting Is Not Statutorily Preferred, IAS_I-1566-001.

Protestant Has No Duty To Phone In Every Day, IAS_I-1567-001.

Standard of DOAH Review --

Analogous to Circuit Court Review of Local Governmental Contracts, IAS_I-1568-001.

DOAH Finding of Fraud, etc. Rejected By HRS, IAS_I-1569-001.

Groves-Watkins Found Applicable To, IAS_I-1570-002.

Solely to Ascertain Fraudulent, Arbitrary, Illegal Or Dishonest Agency Action, IAS_I-1571-023.

Standing (See Also PRACTICE & PROCEDURE, Intervenors) --

Appellate Court Declines to Broaden, IAS_I-1572-001.

Nonresponsive Bidders Lack Standing Per Se, IAS_I-1573-001.

Only Those Who Can Successfully Bid Competitively Have It, IAS_I-1574-001.

Petitioner Has Burden of Proof Regarding, IAS_I-1575-001.

Third Party Supplier Found to Lack, IAS_I-1576-001.

Two-Prong Test, IAS_I-1577-001.

Time Limits --

Are Jurisdictional, IAS_I-1578-003.

Contract Award vs. Bid Solicitation, IAS_I-1579-001.

Factual Dispute Regarding a Clear Point of Entry Requires a Hearing, IAS_I-1580-001.

Strictly Construed, IAS_I-1581-003.

Public Entity Crime (See Also ADMINISTRATIVE HEARINGS, Div. of) --

Burden of Proof Examined, IAS_I-1582-001.

Disqualification to Contract Occurs Only After Actual Inclusion On the List, IAS_I-1583-001.

Mechanics of §287.133(2) List Examined, IAS_I-1584-001.

Purpose Behind Competitive Private Bids Discussed, IAS_I-1585-007.

Rejection of All Bids --

Nonresponsiveness of a Bid Becomes Moot, IAS_I-1586-001.

Rejection of All Bids, IAS_I-1587-001.

Remedies --

Appellate Court Orders Award to Previously Denied Protestant, IAS_I-1588-001.

Fair Rebid of the Contract, IAS_I-1589-001.

Request For Proposals (RFP) --

Discussed, IAS_I-1590-001.

Distinctions From Invitation to Bid Process Examined, IAS_I-1591-001.

Flexibility Afforded Discussed, IAS_I-1592-001.

Incumbency Advantage Discussed, IAS_I-1593-001.

Rejection of All Proposals, IAS_I-1594-001.

Revenue --

Child Support Enforcement Legal Services (See Also HRS, Dept. of) --

Duval County -- Protest Dismissed, IAS_I-1595-001.

Martin & Okeechobee Counties -- Contract Awarded to Protestant, IAS_I-1596-001.

Palm Beach County -- Contract Awarded to Protestant, IAS_I-1597-001.

Legal Services For Child Support Enforcement Program -- Sarasota County, IAS_I-1598-001.

Seminole County School Bd. --

Telecommunications Systems --

Stay During Protest Ordered In Interlocutory Appeal, IAS_I-1599-001.

Transportation, Dept. of (DOT) --

Competing Contractor's Past Performance On Other Projects Is Not Relevant In a Bid Protest, IAS_I-1600-001.

Competing Contractor's Responsibility & Qualifications Cannot Be Assailed In a Bid Protest, IAS_I-1601-001.

Highway Project -- Circuit Court Injunction Against Award of Contract Vacated, IAS_I-1602-001.

Highway Project -- Denial of Protest Reversed, IAS_I-1603-001.

Highway Project -- Petition For Direct Review By Appellate Court By Writ of Mandamus Denied, IAS_I-1604-001.

Qualification to Bid Process Distinguished From Bid Protests, IAS_I-1605-001.

Truck Weighing Scales, IAS_I-1606-001.

Vicarious Liability of Owner For Actions of Contractors Discussed, IAS_I-1607-001.

Lease of Office Space --

Dismissal of Protest Denied, IAS_I-1608-001.

Contracts (See CONTRACTS (Bids/Protests))

Disciplinary Infraction Proceeding --

Inmate Right to Call Witnesses Is Limited, IAS_I-1609-001.

Employee (See Also PUBLIC EMPLOYEES) --

Discharge -- Ionscan -- Found Not to Constitute a Drug Test, IAS_I-1610-001.

Gain Time --

Provisional Credits --

Denial of -- Reliance On Post-Sentence Investigative Report -- Affirmed, IAS_I-1611-001.

Denial of, IAS_I-1612-002.

Dept. Burden of Proof In Denial of Is Light, IAS_I-1613-001.

Not Inmate Benefit, IAS_I-1614-001.

Permissive Not Mandatory, IAS_I-1615-002.

Prohibition On Award of to Inmates Committing Sex Offenses Exhaustively Explored, IAS_I-1616-001.

Purpose of Examined, IAS_I-1617-001.

Reliance On Arrest Report Found Proper, IAS_I-1618-001.

Retroactive Application of §947.146 Does Not Constitute Ex Post Facto Law, IAS_I-1619-001.

Habeas Corpus --

Petition For Found Facially Insufficient, IAS_I-1620-001.

Mandamus (See Also APPELLATE REVIEW) --

Denial of Provisional Credits Upheld, IAS_I-1621-002.

Grant of Reversed, IAS_I-1622-001.

Requisite Showing For Relief, IAS_I-1623-001.

When Appropriate -- Mechanics of Examined, IAS_I-1624-001.

Prisoner --

Unpromulgated Rule Challenge to Long Distance Telecommunications Charges, IAS_I-1625-001.

Prisons --

Disciplinary Hearing --

Appellate Review of Examined, IAS_I-1626-001.

Rule Challenge (See Also RULES & RULEMAKING) --

Inmate Right to Pursue Declaratory Judgment In Circuit Court, IAS_I-1627-001.

Statutory Abolition of Inmate Rule Challenges Quashes Pending Appeals, IAS_I-1628-001.

Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-1629-001.

Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-1630-001.

Authority to Adopt Ordinance Proscribing Discrimination On Basis of Sexual Orientation -- Power to Penalize, IAS_I-1631-001.

Authority to Transfer Health Care Facilities to a Local Health Care District Without a Referendum, IAS_I-1632-001.

Baker Act Involuntary Commitment --

County Found Liable For Guardian Ad Litem's Attorney's Fees & Costs, IAS_I-1633-001.

Ban On Fences -- Monroe County -- Area of Critical State Concern --

Declared Unconstitutional, IAS_I-1634-001.

Beach Concessionaire License --

Found Not to Constitute a Lease of Real Property For Purposes of Sales Tax, IAS_I-1635-001.

Charter Revisions Proposed By Review Commission --

Not Subject to Single Subject Rule, IAS_I-1636-001.

Comprehensive Plan (See COMMUNITY AFFAIRS, Dept. of) --

County Manager --

Free to Reject All Findings of a County Administrative Hearing Officer, IAS_I-1637-001.

Development Order (See Also COMMUNITY AFFAIRS, Dept. of, Local Development Order) --

Appellate Review Process Examined, IAS_I-1638-001.

County Is Not An Agent of the State For Purposes of DRI Laws, IAS_I-1639-001.

Defined, IAS_I-1640-001.

Extension of Termination Date --

Abandonment of DRI Projects Examined In Detail, IAS_I-1641-001.

There Is No Statutory Bar to Reviving An Expired Development Order, IAS_I-1642-001.

Extrinsic Evidence Not Utilized In Construction of, IAS_I-1643-001.

Property Owners Have Affirmative Duty to Explore All Legal Restrictions, IAS_I-1644-001.

Quasi-Judicial - Not Quasi-Legislative, IAS_I-1645-001.

Rules of Construction Exhaustively Explored, IAS_I-1646-001.

Substantial Deviation From, IAS_I-1647-001.

Distinction Between Quasi-Judicial & Quasi-Legislative Governmental Action Exhaustively Explored, IAS_I-1648-001.

Duty to Promulgate Policy As An Ordinance, IAS_I-1649-001.

Elections Supervisor --

Courts Treat Decisions By As Presumptively Correct, IAS_I-1650-001.

Electric Transmission Lines (See Also SITING Bd.; UTILITIES) --

Authority to Control or Regulate Up-Sizing Through Land Use Regulations or Local Comprehensive Plans, IAS_I-1651-001.

Enforcement of Planning & Zoning Measures --

Legal Avenues Explored, IAS_I-1652-001.

Home Rule Powers (See Also CONSTITUTION (Fla.)) --

Discussed, IAS_I-1653-001.

Implications For Land Use Regulation & Comprehensive Planning Explored, IAS_I-1654-001.

Statutory Enlargement of Examined, IAS_I-1655-001.

Hospital Bill --

Responsibility For --

Involuntary Baker Act Commitment, IAS_I-1656-001.

Impact Fees --

Are Not Taxes, IAS_I-1657-001.

Developer Is Also a "User", IAS_I-1658-001.

Just & Equitable Levels of Examined, IAS_I-1659-001.

Legitimate Purposes For Examined, IAS_I-1660-001.

Jurisdiction --

Enforcement of Fla. Clean Indoor Air Act, IAS_I-1661-001.

None to Regulate Taking or Possession of Saltwater Fish, IAS_I-1662-001.

Preemption of Local Regulation By State Statute Examined, IAS_I-1663-002.

Regulation of Boats Operating In County Waters Carefully Examined, IAS_I-1664-001.

Local Comprehensive Plan (See Also COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan) --

§163 Growth Management Legislation --

Changes to a DRI Must Specify Location, Density, Etc., IAS_I-1665-001.

Circuit Court Dismissal of Constitutional Challenge to Reversed, IAS_I-1666-001.

DRI (See Also COMMUNITY AFFAIRS, Dept. of; LAND & WATER ADJUDICATORY Comm.)

DRI Review Process Is No Longer In Its Infancy, IAS_I-1667-001.

Tension Between State Oversight & Local Home Rule Powers Examined, IAS_I-1668-001.

Vested Rights -- Common Law Vesting Analogous to Equitable Estoppel, IAS_I-1669-001.

Vested Rights (See Also ADMINISTRATIVE HEARINGS, Vested Rights Determination)

Vested Rights Analyzed, IAS_I-1670-001.

Amendment -- Denial -- Planned Unit Development --

Circuit Court Grant of Injunctive Relief & Damages Reversed, IAS_I-1671-001.

Quasi-Legislative Nature of This Action Examined, IAS_I-1672-001.

Construction (See Also STATUTES) --

Rules of Construction Are to Remove Doubt - Not Create It, IAS_I-1673-001.

Words of Common Usage Given Plain & Ordinary Meaning, IAS_I-1674-001.

Medicaid (See Also MEDICAID) --

Residency Determination -- Challenge to Rejected, IAS_I-1675-001.

Medical Examiner --

Governor Must Be Provided More Than One (1) Nominee, IAS_I-1676-001.

Status of a Death of a Patient At Home Under the Care of a Home Health Agency As "Unattended", IAS_I-1677-001.

Noncharter Counties --

Broad Legislative Powers of Examined, IAS_I-1678-001.

Occupational License Tax --

Authority to Impose On DPR-Licensed Professionals Fully Explored, IAS_I-1679-001.

Ordinance (See Also COMMUNITY AFFAIRS, Dept. of, Consistency of Local Ordinance With Local Comprehensive Plan) --

Presumed to Be Constitutional, IAS_I-1680-001.

Severance of Invalid Portion of, IAS_I-1681-001.

State Agency Construction of Entitled to No Special Deference, IAS_I-1682-003.

Permit (See Also PERMITS) --

Regulations In Effect At Time of Issuance Control, IAS_I-1683-001.

Personnel Appeals (See Also PUBLIC EMPLOYEES) --

§120 Found to Be Inapplicable, IAS_I-1684-001.

County Manager Is Free to Reject All Findings of a County Administrative Hearing Officer, IAS_I-1685-001.

Public Health Unit --

Authority of HRS to Enter Into a Hold Harmless Agreement, IAS_I-1686-001.

Referendum --

After-the-Fact Validating Legislation -- Procedural Defects -- Found Proper, IAS_I-1687-001.

Challenge to Rejection of Signatures As For a Previous Ballot Only Denied, IAS_I-1688-001.

Special Assessment Lien Against Real Property --

Clerk of Circuit Court Fails to Properly Index, IAS_I-1689-001.

Taking (See TAKING (CONDEMNATION)

Taxation (See Also TAXATION) --

Must Be Expressly Authorized By Statute or Constitution, IAS_I-1690-001.

Tourist Development Tax -- Authority to Use to Buy Land For State Museum, IAS_I-1691-001.

Transfer of Powers or Functions --

Need For a Referendum Examined, IAS_I-1692-001.

Zoning (see ZONING)

Refusal to Permit Expert Testimony --

Alleged False Positive Drug Test -- Reversed, IAS_I-1693-001.

Revocation -- Comm. Confession of Error -- Reversed, IAS_I-1694-001.

Law Enforcement Certification --

Comm. Rejection of DOAH Recommendation Regarding Positive Drug Test Reversed, IAS_I-1695-001.

Revocation -- Over Recommendation of Informal Hearing Officer -- Reversed, IAS_I-1696-002.

A.G. Authority to Negotiate Settlement -- Certified Question to Supreme Court, IAS_I-1697-001.

Board Action On Application For Licensure --

Cannot Be Delegated to Appointed Committee, IAS_I-1698-001.

Default (See PRACTICE & PROCEDURE)

Requires Action By a Quorum of Board Members, IAS_I-1699-001.

Board Found Unreceptive to Legal Advice, IAS_I-1700-001.

Board Rulemaking Authority (See Also RULES & RULEMAKING) --

Statutory Limitations On Examined, IAS_I-1701-001.

Complaints (See Also Requirements For; DISCIPLINE) --

§455.225(2) Mandate For Expeditious Action --

Enforcement of Discussed, IAS_I-1702-001.

Found Not to Be Jurisdictional, IAS_I-1703-001.

Found Not to Be an Idle Directive, IAS_I-1704-001.

Ability of DPR to Reduce Penalty Sought Post-Hearing & Thereby Reduce Corresponding Burden of Proof, IAS_I-1705-001.

Failure to Comply With §455.225 Time Limits For Agency Action --

Absence of Statutory Sanctions Noted, IAS_I-1706-001.

Found Not to Be Jurisdictional, IAS_I-1707-001.

Harmless Error (See Also PRACTICE & PROCEDURE)

Harmless Error Rule of §120.68(8) Discussed & Found Applicable, IAS_I-1708-001.

DBPR Boards Are Subject to Complaints of Discrimination Before Fla. Comm. On Human Relations, IAS_I-1709-002.

Investigators --

Peer Review Committees Should Not Function As, IAS_I-1710-001.

Jurisdiction --

Extra-Statutory Exercise of Authority By DPR Frustrates the Proper Authority of the Boards & DOAH, IAS_I-1711-001.

Land Sales (See Also Mobile Home Parks) --

Dade County Apartment Complex -- Circuit Ct. Dismissal of Enforcement Action Reversed, IAS_I-1712-001.

Letter of Guidance Issued After DPR Voluntary Dismissal of Complaint --

Constitutionality of Questioned, IAS_I-1713-001.

Licensure Examinations --

Handicapped Applicants -- Requisite Accommodation, IAS_I-1714-001.

Mobile Home Parks --

Statutes Regarding Rent Controls Declared Unconstitutional, IAS_I-1715-001.

Statutes Regarding Rent Controls Exhaustively Explored, IAS_I-1716-001.

Validity Period of the Prospectus, IAS_I-1717-001.

Pari-Mutuel Wagering (See PARI-MUTUEL WAGERING, Div. of)

Peer Review Committees --

Statutory Entitlement to Review Patient Records, IAS_I-1718-001.

Probable Cause Panel (See PRACTICE & PROCEDURE)

Voluntary Dismissal of Complaint (See Also DISCIPLINE, Complaint; PRACTICE & PROCEDURE) --

Refiling of Complaint Does Not Require New Probable Cause Determination Per Se, IAS_I-1719-001.

Report to Probable Cause Panel & Board, IAS_I-1720-001.

Proposed Demolition & Redevelopment of Miami Seaquarium, IAS_I-1721-001.

County Employee Successful Appeal of Dismissal to An Administrative Bd. --

Backpay & Attorney's Fees Awards Discussed, IAS_I-1722-001.

Dismissal of Correctional Officer --

Positive Drug Test --

Circuit Court Reversal of County Manager's Decision Reversed, IAS_I-1723-001.

Employee -- Bus Driver -- Reinstatement --

§448.08 Award of Attorney's Fees Reversed, IAS_I-1724-001.

Equal Opportunity Bd. Dismissal of Complaint Reversed, IAS_I-1725-001.

Appellate Review (See Also APPELLATE REVIEW) --

May Affirm As to Severable Parts, IAS_I-1727-001.

Scope of, IAS_I-1728-001.

Banking & Finance -- Div. of Banking --

State-Chartered Commercial Banks Authorized to Invest In Open-Ended Investment Companies, IAS_I-1729-001.

Banking & Finance -- Div. of Finance --

Commercial Collection Agency --

General Partner With Resolution Trust Corp. (RTC) Found to Fall Under "Out-of-State" Exemption, IAS_I-1730-001.

Consumer Finance Co. --

Anonymous Petition Dismissed, IAS_I-1731-001.

Consumer Loan Application Fee Treated As Interest For Purposes of Interest Rate Limits, IAS_I-1732-001.

Credit Service Organization --

Applicability of §559.541 Examined, IAS_I-1733-001.

Local Government Agency Providing Low-Income Housing Exemption From §494, IAS_I-1734-001.

Mortgage Broker -- Licensure Exemption --

Nonresidential Loans to Institutional Investors Only, IAS_I-1735-001.

Mortgage Loan Purchase -- Out-of-State Purchaser --

Utilization of In-State Broker As Exception to In-State Office Requirement, IAS_I-1736-001.

Necessity That Out-of-State Firm Have Fla. Office When Refinancing Fla. Mortgages, IAS_I-1737-001.

Propriety of Loan Origination Fees In Retail Installment Sale of Motor Vehicles, IAS_I-1738-001.

Question As to Whether a Charge On a Retail Installment Contract For Waiving the Requisite Liability Insurance Is a Finance Charge or Permissible Charge For Other Benefits, IAS_I-1739-001.

Sales Finance Co. --

Licensure Required to Receive Assignment of Retail Installment Contract On Mobile Homes, IAS_I-1740-001.

Security Guarantee Fund -- Authority of Claimant to Assign Or Use As Collateral, IAS_I-1741-001.

Banking & Finance -- Div. of Securities --

Purchase of Privately-Held Mortgages & Resale to Institutions -- Licensure Requirements, IAS_I-1742-001.

Student Loan Bond Offering -- Exempt Status of Examined, IAS_I-1743-001.

Chiropractic --

Question As to Whether the Term "Services" As Used In §455.238 Includes Goods Intended For Resale By a Chiropractor, IAS_I-1744-001.

Community Affairs --

Authority of Local Governments to Control Up-Sizing of Electric Power Lines --

Dept. Statement Reversed As Impermissibly Broad, IAS_I-1745-001.

Land Use Regulations & Local Comprehensive Plans, IAS_I-1746-001.

Pace Finance Authority Declared to Be a Special District, IAS_I-1747-001.

Status of a Finance Authority "As Within the Contemplation of the Uniform System Dist. Accountability Act", IAS_I-1748-001.

Status of the East Central Wastewater Facilities Operation (ECR) Board As a Dependent or Independent District --

Comm. Statement Reversed In Part As Beyond Its Jurisdiction, IAS_I-1749-001.

Status of the East Central Wastewater Facilities Operation (ECR) Board As a Dependent or Independent District, IAS_I-1750-001.

Construction Industry Lic. Bd. --

Swimming Pool Cleaning Services Held Not to Constitute "Contracting", IAS_I-1751-001.

DBPR (Business & Professional Regulation, Dept. of) -- Condominiums (See Also CONDOMINIUMS) --

Association -- Authority to Materially Alter Or Modify Appurtenances to a Unit Without Unanimous Consent, IAS_I-1752-001.

Association -- Board of Directors --

Authority to Order Forfeiture of Marina Privileges Found Lacking, IAS_I-1753-001.

Quorum -- Obtaining By Joinder & Concurrence In Minutes of Meeting, IAS_I-1754-001.

Association -- Status of a "Community Council" As, IAS_I-1755-001.

DEP (Dept. of Environmental Protection) --

Applicability of Chapter 92-31 Statutory Moratorium On Biohazardous Waste Incinerators, IAS_I-1756-002.

City of Jacksonville -- Question As to Requisite Permits For Replacement of Drinking Water System Pipes, IAS_I-1757-001.

Murphy Act Deed -- Seminole County --

Road Right-of-Way Applies to All Parcels, IAS_I-1758-001.

Permit -- Construction -- Reconfiguration of Existing Marina --

Impact of General Permit Conditions On Grandfather Rights Questioned, IAS_I-1759-001.

Permit -- Dredge & Fill --

Applicability of Maintenance Dredging Exemption, IAS_I-1760-001.

Petroleum Contamination Site Cleanup --

Abandoned Tank Restoration Program -- Bank -- Foreclosure -- Effect of Sale to Third Party, IAS_I-1761-001.

Containment Assessment Reports, IAS_I-1762-001.

Discovery of Contamination Defined & Discussed, IAS_I-1763-001.

Remedial Action Plans, IAS_I-1764-001.

Public Water System -- Requisite Cross-Connection Control Program & Devices, IAS_I-1765-001.

Questions About Requirements For a Permit to Make a Service Connection to An Existing Drinking Water Distribution Line -- Denied, IAS_I-1766-001.

Sovereign Submerged Land --

Third Party Question As to Ownership Amidst Pending Litigation -- Denial of Affirmed, IAS_I-1767-001.

Third Party Question As to Ownership Amidst Pending Litigation, IAS_I-1768-001.

Declaratory Statements (See Also Requirements For) --

Agency Disposition of Not to Be Construed As Verification of Alleged Facts, IAS_I-1769-002.

Formal Hearing at DOAH -- There Is No Statutory Authority For, IAS_I-1770-001.

Purpose of Explored, IAS_I-1771-004.

Game & Fresh Water Fish Comm. --

Authority of Developer to Remove Inactive Cavity Trees of Red-Cockaded Woodpecker, IAS_I-1772-001.

HRS --

Applicability of §62.212(1)(h) to Magazine Publishing Names of Persons Seeking a Child For Adoption, IAS_I-1773-001.

Health Care Administration, Agency For (AHCA) --

Adult Congregate Living Facility Placement Agency --

Constitutional Challenge to §400.4195 Prohibition On -- Petition Dismissed, IAS_I-1774-001.

Medicaid --

Failure to Assess Certain HMO Medicaid Revenue In 1991, IAS_I-1775-001.

Highway Safety & Motor Vehicles (HSMV) --

Applicability of Statutory Violation to Criminal Prosecution Involving a Highway Patrol Citation --

Denied, IAS_I-1776-001.

Certificate of Title to Motor Vehicle --

Rebuildable Salvage Title -- Rebuilt Title Issued Upon Repair, IAS_I-1777-001.

Rebuilt Designation Cannot Be Removed From Title, IAS_I-1778-001.

Driver's License Suspension -- Automatic --

Failure to Maintain Requisite Insurance Coverage, IAS_I-1779-001.

Highway Patrol --

Applicability of Various Statutory Provisions Referenced In Traffic Citation -- Denied, IAS_I-1780-003.

Motor Vehicle Dealer Franchise License --

Found Required For Service, Repair and Accessories Retail Store, IAS_I-1781-001.

Motor Vehicle Registration --

Is Not "Voluntary", IAS_I-1782-001.

Motorist Cannot Revoke, IAS_I-1783-001.

Medicine --

Group Practice Purchases MRI Imaging Equipment & Offers It to All Patients In the Area, IAS_I-1784-001.

Physician -- Employment Agreement Whereby Compensation Is Determined On Basis of Gross Revenues Found Proscribed, IAS_I-1785-002.

Physician -- Joint Business Venture --

Nonphysician Employer, IAS_I-1786-001.

Nonphysician Ownership of Corporate Practice, IAS_I-1787-001.

Partnership With Physicians or Nonphysicians, IAS_I-1788-001.

Physician -- Mayo Clinic Bill --

Physician Holding Special Mayo License By Endorsement -- Bd. Finding That the License Is Site-Specific Reversed, IAS_I-1789-001.

Propriety of Agreement Whereby Pharmaceutical Distributor Offers Supplies At Cost In Exchange For Certain Patient Referrals, IAS_I-1790-001.

Propriety of Employ of Ophthalmologist By Group Owning Related Optical Shop to Which Patients Are Referred, IAS_I-1791-001.

Nursing --

RN Questions Whether a LPN Is Authorized to Perform Venous & Arterial Sheath Removal Post Catheterization, IAS_I-1792-001.

Optometry --

Vision Therapy By Unlicensed Personnel -- Direct Supervision Found Required, IAS_I-1793-001.

Requirements For (See Also Declaratory Statements) --

Actual Controversy, IAS_I-1794-003.

Cannot Be Utilized to Announce a Rule Outside of Proper Rulemaking Procedures, IAS_I-1795-001.

Cannot Be Utilized to Challenge Agency Decisions, IAS_I-1796-001.

Cannot Be Utilized to Clarify A Proposed or Adopted Rule, IAS_I-1797-001.

Cannot Be Utilized to Elicit a Policy Statement of General Applicability, IAS_I-1798-007.

Cannot Exceed Scope of Either the Petition or An Agency's Jurisdiction, IAS_I-1799-001.

Failure to Comply With Procedural Requirements, IAS_I-1800-001.

Limited to the Facts Presented, IAS_I-1801-001.

Not Available When Issue Is Pending In §120.57 Proceeding, IAS_I-1802-002.

Not Available When Issue Is Pending In Judicial Proceeding, IAS_I-1803-003.

Party Seeking Must Be Named, IAS_I-1804-001.

Question Cannot Be Moot, IAS_I-1805-001.

Question Cannot Be Speculative, IAS_I-1806-001.

Question Cannot Be Vague, IAS_I-1807-002.

Specific Facts & Circumstances Must Be Set Forth, IAS_I-1808-004.

Standing (See Also PRACTICE & PROCEDURE, Intervenors)

Standing -- Discussed, IAS_I-1809-003.

Standing Is Limited to Petitioner In Their Particular Set of Circumstances Only, IAS_I-1810-001.

Third Parties Cannot Utilize to Determine Another's Rights, IAS_I-1811-002.

Revenue --

Ad Valorem --

Exempt Status of Particular Parcels Questioned By Citrus County Appraiser -- Statement Denied, IAS_I-1812-001.

Corporate Income Tax -- Insurance Company --

Authority of Life Insurance Company to Include An Additional Factor In Modification of §220.151(1) Apportionment Method, IAS_I-1813-001.

Documentary Stamp Tax --

Deeds Conveying Real Property to a Limited Partnership, IAS_I-1814-001.

Motels -- Tangible Personal Property Furnished With Room --

Denial of Exemption Affirmed, IAS_I-1815-001.

Sales Tax --

Commercial Rent Paid by Corporation to Related General Partnership, IAS_I-1816-001.

DOT Road Subcontractor -- Construction & Maintenance of Traffic Control Patterns -- Services, IAS_I-1817-001.

Motor Vehicles Sold to Out-of-State Residents of States Which Impose No Tax, IAS_I-1818-001.

Road Site Striping & Traffic Control Devices, IAS_I-1819-001.

Sunset of Governing Statute --

Legal Implications of Examined, IAS_I-1820-001.

Found to Be a Quasi-Judicial Decision Subject to Certiorari Appellate Review, IAS_I-1821-001.

City Employees Relation Comm. Finds Unfair Labor Practice -- Firefighters --

Decision Below & Attorney's Fees Award Affirmed, IAS_I-1822-001.

DOAH Invalidation of Proposed Rules --

Professional Association Challenge -- Affirmed, IAS_I-1823-001.

Statutory Framework Governing Exhaustively Explored, IAS_I-1824-001.

Dental Referral Services --

Not Regulated By Bd. - But Advertising of Same By Dentists Is, IAS_I-1825-001.

Final Order Affirmed In Per Curiam Opinion --

Cruz v. AHCA, IAS_I-1826-001.

Hygienists --

Authority to Perform "Remediable Tasks" Examined -- Laser Devices, IAS_I-1827-001.

License (See Also LICENSING) --

Bd. Rejection of DOAH Recommended Order Affirmed, IAS_I-1828-001.

Duty to Provide Patient Records Upon Request, IAS_I-1829-001.

Failure to Keep Requisite Written Records, IAS_I-1830-001.

Unacceptable Level of Care, IAS_I-1831-001.

Use of Initials D.D.S. In Correspondence --

Bd. Cease & Desist Order Aimed At Dentist With Revoked N.Y. License Testifying As An Expert Reversed, IAS_I-1832-001.

Affirmative Defense (See PRACTICE & PROCEDURE)

Burden of Proof (See Also PRACTICE & PROCEDURE) --

Cease & Desist Order, IAS_I-1834-001.

Failure to Utilize Correct Standard Found to Be Reversible Error, IAS_I-1835-002.

Cease & Desist Order (See Also Penalty) --

Circuit Court Proceeding In Parallel Case Cannot Be Relitigated In §120.57 Proceeding, IAS_I-1836-004.

Complaint (See Also DBPR, Complaints; PRACTICE & PROCEDURE, Voluntary Dismissal) --

Acting In An Allegedly Corporate Capacity Is No Defense, IAS_I-1837-001.

Alleged "Prosecutorial Delay" Is Not a Basis For Dismissal, IAS_I-1838-001.

Amendment At Hearing -- Agency Motion For Denied At DOAH, IAS_I-1839-001.

Cannot Be Amended After Presentation of Case-In-Chief At DOAH, IAS_I-1840-001.

Charges Outside of Cannot Be Prosecuted, IAS_I-1841-035.

Deadlines For Agency Action (See PRACTICE & PROCEDURE, Harmless Error)

Deviation From Requisite Standard of Conduct --

A Fact Finding Within the Discretion of the Hearing Officer, IAS_I-1842-001.

Dismissal & Refiling -- DPR -- Duty to Involve Probable Cause Panel, IAS_I-1843-002.

Failure to Cite to Correct Statute --

Harmless Error, IAS_I-1844-002.

Failure to Utilize Correct Standard Found to Be Reversible Error, IAS_I-1845-001.

Need Only Inform of Charges With Reasonable Certainty, IAS_I-1846-001.

Requisite Specificity, IAS_I-1847-001.

Settlement With Co-Respondents Found Immaterial, IAS_I-1848-001.

Voluntary Dismissal (See Also PRACTICE & PROCEDURE) --

Divests Agency & DOAH of Jurisdiction, IAS_I-1849-001.

Refiling By DPR Requires Return to Probable Cause Panel, IAS_I-1850-002.

Terminate Jurisdiction Albeit Without Prejudice, IAS_I-1851-001.

Criminal Charges, Conviction, Plea (See Also LICENSING; LICENSURE)

Criminal Charges --

Controlled Substances --

Need For Scientific Proof of Composition of Discussed, IAS_I-1852-001.

Moral Turpitude (See Also CERTIFICATE (Teaching)) --

Trespass/Disorderly Conduct/Resisting Arrest, IAS_I-1853-001.

Criminal Conviction --

Cannot Be "Relitigated" In An Administrative Tribunal, IAS_I-1854-001.

DUI -- Not "Minor", IAS_I-1855-001.

Date of Criminal Conviction Need Not Be Established, IAS_I-1856-001.

Moral Turpitude --

Any Crime Involving Fraud, Larceny, or Dishonest Dealing, IAS_I-1857-001.

Relationship to Profession, IAS_I-1858-002.

Criminal Plea --

Adjudication of Guilt Is Not Dispositive, IAS_I-1859-001.

Cannot Be "Relitigated" In An Administrative Tribunal, IAS_I-1860-002.

Cannot Preclude Administrative Discipline, IAS_I-1861-001.

Constitutional Limitations On Use of Examined, IAS_I-1862-001.

Double Jeopardy (See CONSTITUTION (Fla.), Double Jeopardy)

Guilty Plea, IAS_I-1863-001.

Long Time Ago -- Previous Finding of No Probable Cause, IAS_I-1864-001.

Moral Turpitude --

Defined, IAS_I-1865-001.

Delivery Vis Possession of Controlled Substances, IAS_I-1866-001.

Traffic Offense, IAS_I-1867-001.

Not Conclusive Proof of Underlying Facts, IAS_I-1868-004.

Only Creates a Rebuttable Presumption of Guilt, IAS_I-1869-001.

Opportunity to Explain Circumstances Surrounding the Plea Must Be Accorded, IAS_I-1870-003.

Plea of Convenience -- Evidentiary Effect of Exhaustively Explored, IAS_I-1871-001.

Relationship to Profession Construed, IAS_I-1872-002.

Withholding of Adjudication of Guilt Is Immaterial, IAS_I-1873-001.

Disciplinary Guidelines In Effect At Time of Alleged Violations Control, IAS_I-1874-001.

Discipline of a Professional License Is Remedial Not Putative, IAS_I-1875-001.

Emergency Restriction On License, IAS_I-1876-001.

Emergency Revocation of License, IAS_I-1877-001.

Emergency Suspension of License (See Also PRACTICE & PROCEDURE, Emergency Procedures) --

Alcoholism -- Physician, IAS_I-1878-001.

Due Process Rights of Licensee Examined, IAS_I-1879-001.

Expedited Hearing Granted, IAS_I-1880-001.

Hearing Prior to Is Not Required Subject to Other Safeguards, IAS_I-1881-001.

Past Harm Alone Can Be Sufficient, IAS_I-1882-001.

Quashed On Procedural Grounds, IAS_I-1883-001.

Requisite Grounds For Examined, IAS_I-1884-002.

Reversed In Part, IAS_I-1885-001.

Statutory Authority For Examined, IAS_I-1886-001.

Stay Granted Pending Appeal, IAS_I-1887-001.

Emergency Suspension of License, IAS_I-1888-001.

Exacerbating Factors (See Also Mitigating Factors) --

Absence of Third Party Testimony Regarding Character Issue, IAS_I-1889-001.

Danger to Public, IAS_I-1890-001.

Denial, IAS_I-1891-001.

Failure to --

Correct Deficiencies, IAS_I-1892-002.

Fraudulent Conduct, IAS_I-1893-002.

Harm to Public, IAS_I-1894-002.

Inconsistent Statements, IAS_I-1895-001.

Indifference to Complaint, IAS_I-1896-001.

Indifference to Well-Being of Patients, IAS_I-1897-001.

Introducing Interns to Illegal Methods, IAS_I-1898-001.

Lack of Candor, IAS_I-1899-001.

Lack of Remorse, IAS_I-1900-002.

Multiple Separate Acts of Misconduct, IAS_I-1901-001.

Poor Judgment, IAS_I-1902-001.

Refusal to Cooperate, IAS_I-1903-001.

Repeat Offense -- Charge of --

Settlement of Earlier Charge Without Admission of Liability Does Not Constitute, IAS_I-1904-001.

Repetitious Misconduct Followed By Refusal to Atone For Deficiencies, IAS_I-1905-001.

Repetitious Misconduct Over a Long Period of Time, IAS_I-1906-001.

Repetitious Misconduct, IAS_I-1907-004.

Rude & Cavalier Behavior, IAS_I-1908-001.

Fraud (See Also Intent) --

Defined, IAS_I-1909-001.

Innocent Mistake Distinguished From, IAS_I-1910-001.

Misunderstanding Distinguished From, IAS_I-1911-001.

Promise Made With No Intent to Perform, IAS_I-1912-001.

Specific Intent Is An Essential Element, IAS_I-1913-003.

Immorality (See CERTIFICATE (Teaching))

Inactive License Is Nonetheless a License, IAS_I-1914-003.

Intent --

Defined & Discussed, IAS_I-1915-001.

Normally a Fact Question, IAS_I-1916-003.

Seldom Susceptible of Direct Proof -- Usually Shown By Circumstantial Evidence, IAS_I-1917-004.

Investigations --

Dismissal of Circuit Court Challenge to Search & Seizure Reversed, IAS_I-1918-001.

Jurisdiction (See Also APPELLATE REVIEW; LICENSURE; PRACTICE & PROCEDURE) --

A Question of Law, IAS_I-1919-001.

Bankruptcy -- Effect On, IAS_I-1920-002.

Can Be Assailed At Any Point In the Proceeding, IAS_I-1921-001.

Dependent Upon Sufficient Statutory Explication of Requisite Standard of Conduct, IAS_I-1922-001.

Expiration of License Does Not Divest Agency of Jurisdiction, IAS_I-1923-002.

Found Vitiated By Failure to Prepare Subject Matter Index, IAS_I-1924-001.

Inactive Status of License Does Not Divest Agency Jurisdiction, IAS_I-1925-003.

Ministerial Renewal of License While a Disciplinary Action Is Pending Does Not Vitiate, IAS_I-1926-001.

None to Award Damages, IAS_I-1927-001.

Not Vitiated By Referral Back From DOAH Where Party Refuses to Execute Consent Order --

Referred Back to DOAH, IAS_I-1928-001.

Power to Issue a License Implies Power to Revoke It -- Even Absent Express Authorization, IAS_I-1929-001.

Settlement of Parallel Civil Lawsuit of Victim Does Not Affect Agency Jurisdiction, IAS_I-1930-001.

Single Act Alone Can Be Sufficient For, IAS_I-1931-001.

Statutory Termination of Examined, IAS_I-1932-001.

Mitigating Factors (See Also Exacerbating Factors; ETHICS, Comm. On) --

Absence of --

Actual Harm to Public, IAS_I-1933-007.

Grevious Harm, IAS_I-1934-002.

Personal Financial Gain, IAS_I-1935-002.

Previous Discipline After Many Years of Service, IAS_I-1936-002.

Previous Discipline, IAS_I-1937-018.

Sole Responsibility For Harm, IAS_I-1938-001.

Agency Refusal to Allow Explanation of Found to Be Reversible Error, IAS_I-1939-002.

Board Certification, IAS_I-1940-002.

Character Witnesses Who Are Persuasive, IAS_I-1941-001.

Desire of Students & School Officials That Respondent Continues On, IAS_I-1942-001.

Exemplary Performance, IAS_I-1943-001.

Fine Would Cause Undue Financial Hardship, IAS_I-1944-001.

Isolated Incident In Long Career, IAS_I-1945-001.

Isolated Incident a Long Time Ago, IAS_I-1946-001.

Isolated Infraction, IAS_I-1947-002.

Long History of Quality Performance, IAS_I-1948-001.

Long Time In Profession, IAS_I-1949-002.

Long Time Past Since Misconduct, IAS_I-1950-003.

One (1) Count Complaint, IAS_I-1951-001.

Prompt Corrective Action, IAS_I-1952-003.

Record In Support of Must Be Built By Licensee For DOAH Hearing Officer, IAS_I-1953-001.

Rehabilitation, IAS_I-1954-002.

Reliance On Advice of Counsel Is Not An Absolute Defense, IAS_I-1955-001.

Remorse, IAS_I-1956-001.

Sufficient Other Punishment, IAS_I-1957-001.

Technical Violation Only, IAS_I-1958-001.

Weighing of Is Within the Providence of the DOAH Hearing Officer, IAS_I-1959-001.

Moral Character --

Difficulty In Establishing Standards For Examined, IAS_I-1960-001.

Moral Turpitude (See CERTIFICATE (Teaching))

Moratorium On Expansion By Licensee, IAS_I-1961-001.

Negligence --

Gross Negligence Defined & Discussed, IAS_I-1962-001.

Res Ipsa Loquitur, IAS_I-1963-001.

Operating Without a License --

Intent Is Not An Issue, IAS_I-1964-001.

Out-of-State Discipline (See Also LICENSING) --

Appeal From Is No Bar to Fla. Discipline Based On, IAS_I-1965-001.

Penal Rule --

Repeal -- Pending Emergency Rulemaking Not a Sufficient Basis For Discipline, IAS_I-1966-001.

Penal Statute (See Also STATUTES, Construction) --

Repeal & Substantial Reenactment of Same Provisions With Amendments, IAS_I-1967-001.

Penalty (See Also APPELLATE REVIEW; DISCIPLINE; ETHICS, Comm. On; PRACTICE & PROCEDURE, DOAH, Recommended Order) --

Agency Follows Its Precedents, IAS_I-1968-001.

Bankruptcy -- Effect On, IAS_I-1969-001.

Cannot Be Imposed In Excess of What Is Sought In the Complaint, IAS_I-1970-001.

Cease & Desist Order --

Agency Authority to Issue Examined, IAS_I-1971-001.

Requisite Proof -- Clear & Convincing Evidence -- Certified Question to S. Ct., IAS_I-1972-001.

Requisite Proof -- Clear & Convincing Evidence, IAS_I-1973-001.

Requisite Proof -- Preponderance of the Evidence, IAS_I-1974-002.

Status As a Penal Action Discussed, IAS_I-1975-001.

Constitutional Prohibition Against Agency Imposition of Penalties Not Authorized By Statute Examined, IAS_I-1976-001.

Failure to Afford Stay Postulated By Rule Reversed, IAS_I-1977-001.

Final Order Found Not to Reflect Action Taken At Board Meeting, IAS_I-1978-001.

Fine --

Failure to Timely Pay Found Not to Be Merely a Technical Violation, IAS_I-1979-001.

Imposition of Separate Fines For Each of Multiple Counts Arising Out of Identical Facts, IAS_I-1980-002.

Statutory Increase In Maximum Fine Cannot Be Applied Retroactively, IAS_I-1981-001.

Statutory Limits On -- Unaffected By Pleading Technicalities, IAS_I-1982-001.

Letter of Guidance After Voluntary Dismissal -- Constitutionality of Questioned, IAS_I-1983-001.

Licensee Cannot Be Disciplined Twice For the Same Violation, IAS_I-1984-001.

Multiple Penalties For a Single Offense Is Improper, IAS_I-1985-001.

Multiple Violations -- Multiply & Increase the Maximum Penalty, IAS_I-1986-001.

Multiple Violations Arising Out of a Single Factual Matter, IAS_I-1987-003.

Must Be Expressly Authorized By Statute, IAS_I-1988-001.

Preliminary Yet Unconsummated Negotiations Over Lesser Penalty Not Considered, IAS_I-1989-001.

Restriction On License "Forever", IAS_I-1990-001.

Retroactive Disciplinary Sanctions, IAS_I-1991-001.

Settlement With Co-Respondents Is Immaterial, IAS_I-1992-001.

Should Balance Violations Against Mitigating Factors, IAS_I-1993-001.

Zealous Defense Against Disciplinary Action Should Not Be a Factor In Determining, IAS_I-1994-001.

Reinstatement After Revocation --

Applicant Has the Burden of Proof, IAS_I-1995-001.

Indefinite Period of Supervised Practice Found Authorized, IAS_I-1996-001.

Reinstatement After Voluntary Surrender --

Denied, IAS_I-1997-001.

Renewal -- Denial (See LICENSING)

Repeat Offense -- Charge of --

Settlement of An Earlier Charge Without Admission of Liability Does Not Render a Subsequent Charge "Repeat", IAS_I-1998-001.

Revocation --

Justified Only If There Is a Breach of Duty Having a Substantial Basis, IAS_I-1999-001.

Normally Requires Repeated Violations, IAS_I-2000-001.

Permanent Revocation Found to Be Too Harsh, IAS_I-2001-001.

Requires Grievous Misconduct, IAS_I-2002-001.

When Appropriate Examined, IAS_I-2003-002.

Vicarious Liability --

Failure to Impose Measures to Discourage Misconduct, IAS_I-2004-001.

Voluntary Dismissal (See Also Complaint; PRACTICE & PROCEDURE) --

Refiling of New Complaint, IAS_I-2005-001.

Failure to Announce Names of Persons Participating In An "Attorney-Client" Session Found to Violate, IAS_I-2006-001.

Fla. Comm. On Human Relations Award of After Successful DOAH Rule Challenge -- Reversed --

Mandatory Retirement Age For School Bus Drivers, IAS_I-2007-001.

Career Service Employee --

Grievance -- Request For Hearing Denied, IAS_I-2008-001.

Challenge to Circuit Court Declaration of §236.25(1) As Unconstitutional --

Nothing In §236.25 Authorizes a School Board to Levy Taxes Other Than Those Specified By the Legislature, IAS_I-2009-001.

Power of Local School Boards to Levy a Non-Voted Current Operating Discretionary Millage, IAS_I-2010-001.

DOE Appeal of EPC Dismissal of Its Complaint Against a Teacher -- EPC Dismissal Set Aside, IAS_I-2011-001.

Teacher Certificate Exam --

Test Score Invalidated Due to Cheating, IAS_I-2012-001.

Teacher Discipline --

Commissioner Successfully Challenges EPC Reduction In DOAH Recommended Penalty, IAS_I-2013-001.

Uniform System of Free Public Schools --

Supreme Court Declines Opportunity to Define This, Leaving It to the Legislature, IAS_I-2014-001.

Consolidation of Case With Parallel School Bd. Action, IAS_I-2016-001.

Context of Assailed Statements to Students Is Crucial, IAS_I-2017-001.

Controlled Substances --

Comm. Discipline For Failure to Properly Secure Ritalin Reversed, IAS_I-2018-001.

Ritalin -- Failure to Properly Secure, IAS_I-2019-001.

Criminal Conviction --

DUI -- Not "Minor" -- Very Serious, IAS_I-2020-001.

DOE Appeal of EPC Dismissal of Its Complaint Against a Teacher -- EPC Dismissal Set Aside, IAS_I-2021-001.

Distinction Between Burden of Proof In School Bd. Employment Action & Comm. Disciplinary Action, IAS_I-2022-001.

Election of Informal Hearing Cannot Be Repudiated On Appeal, IAS_I-2023-001.

Exploitation of Professional Relationship For Personal Gain, IAS_I-2024-001.

Failure to Protect Students From Conditions Harmful to Learning, IAS_I-2025-001.

Gross Immorality, IAS_I-2026-002.

Immorality Defined, IAS_I-2027-001.

Intentional Exposure of Students to Unnecessary Embarrassment or Disparagement, IAS_I-2028-001.

Misappropriation of School Funds, IAS_I-2029-001.

Misconduct Reducing Effectiveness --

Defined & Discussed, IAS_I-2030-001.

Marriage to Student Alone Does Not Constitute, IAS_I-2031-001.

Publicity Regarding Controversial Behavior Alone Is Insufficient, IAS_I-2032-001.

Suspicion of Misconduct Alone Is Insufficient, IAS_I-2033-001.

Misconduct Reducing Effectiveness, IAS_I-2034-001.

Moral Turpitude, IAS_I-2035-001.

Motion to Strike Directions to Clerk Denied, IAS_I-2036-001.

Penalty --

Comm. Follows Its Precedents, IAS_I-2037-001.

Commissioner of Education Successfully Challenges EPC Reduction In DOAH Recommended Penalty, IAS_I-2038-001.

Request For Commission Participation In Appeal --

Approved to Extent of Defending Authority to Impose Retroactive Disciplinary Sanctions, IAS_I-2039-001.

Sexual Misconduct --

Alleged Heterosexual Contact With and Comments to Students, IAS_I-2040-001.

Criminal Plea -- Sexual Misconduct With Child -- Not Conclusive Proof of Operative Facts, IAS_I-2041-001.

Marriage to 16 Year Old Student --

Absence of Policy or Rule Forbidding Noted, IAS_I-2042-001.

Allegedly Prior to Sex, IAS_I-2043-001.

Determination of Newsprint Recycling Rate, IAS_I-2044-001.

Appellate Court Substitute Opinion: Coastal Environmental Society, IAS_I-2045-001.

Aquatic Plant Control --

Impossibility of Detailed & Specific Regulations Regarding Noted, IAS_I-2046-001.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

§120.57(1)(b)(5) Motion For Denied, IAS_I-2047-001.

Challenge to DEP Classification of Wastewater Treatment Facility In Letter to EPA, IAS_I-2048-001.

Circuit Court Emergency Injunction --

Continued Operation of Waste Management Facility In Dade County -- Reversed, IAS_I-2049-001.

Circuit Court Injunction --

Modifications to Beach Sand Transfer Plant -- Reversed, IAS_I-2050-001.

Coastal Construction Control Line (CCCL) (See Also PERMITS) --

Suit Challenging Statutory Prohibition On Direct Appellate Review of Validity of Rules Rejected, IAS_I-2051-001.

Conditions (See Also Permit; PERMITS) --

DEP Cannot Impose New Conditions Unsupported By the Weight of Evidence Presented to DOAH Hearing Officer, IAS_I-2052-001.

DEP Rejection of DOAH - Recommended Conditions, IAS_I-2053-001.

Consent Order (See Also PERMITS) --

Constitute a Settlement Tool In Enforcement Cases, IAS_I-2054-001.

Not Limited to Minor Violation Cases, IAS_I-2055-001.

Contract (See CONTRACTS (Bids/Protests))

DOAH -- Recommended Order (See Also PRACTICE & PROCEDURE, DOAH) --

Fact Findings -- Exceptions to --

Dept. Extends Time Limit For Filing, IAS_I-2056-001.

Responses -- Time Limit For Filing, IAS_I-2057-001.

Untimely Exceptions Not Considered, IAS_I-2058-002.

Modifications to Permits --

DOAH Hearing Officer Has No Duty to Consider Alternative Proposals By Third Parties, IAS_I-2059-001.

Post-Hearing Recusal of Hearing Officer -- De Novo Proceeding Found Not Required, IAS_I-2060-001.

Remand to --

DOAH Refusal to Accept Reversed With Directions, IAS_I-2061-001.

Declaratory Statements (See DECLARATORY STATEMENTS)

Delegation of Permitting Authority to Water Management Districts -- Water Wells --

1984 Order By Previous Secretary, IAS_I-2062-001.

Delegation Made Mandatory In 1983 Statutory Amendment, IAS_I-2063-001.

Determination of Sustained Recycling & Recovery Rates --

Aluminum & Steel Cans --

No Advance Disposal Fee Imposed, IAS_I-2064-001.

No Advance Disposal Fee, IAS_I-2065-001.

Exemptions From Advance Disposal Fee Discussed, IAS_I-2066-001.

Exemptions, IAS_I-2067-001.

Glass, Plastic, Plastic-Coated Paper --

Advance Disposal Fee Imposed, IAS_I-2068-002.

Newsprint --

No Advance Disposal Fee, IAS_I-2069-001.

Dry Cleaning Solvents Cleanup Program --

Actual Knowledge of Discharge Need Not Be Shown, IAS_I-2070-001.

DEP "Will Be Responsible For Conducting the Cleanup", IAS_I-2071-001.

DEP Not Required to Exclude All Other Sources of Pollution, IAS_I-2072-001.

Disposal Includes Negligent Spills, IAS_I-2073-001.

Funding Source Is Important In Construing, IAS_I-2074-001.

Good Samaritan -- Landlord -- Reimbursement Found Not Available, IAS_I-2075-001.

Hazardous Substances In Groundwater Is a Violation Per Se, IAS_I-2076-001.

Joint & Severable Liability of Previous & Current Owners, IAS_I-2077-001.

Merger -- Acquired Assets Carry Acquired Liabilities, IAS_I-2078-001.

Not a Reimbursement Program, IAS_I-2079-001.

Petitioner Has the Burden of Proof -- Preponderance of the Evidence, IAS_I-2080-001.

Program Found Merely In the Process of Implementation, IAS_I-2081-001.

Release of Any Amount Is a Matter of Concern, IAS_I-2082-001.

Statutory Provisions Are Remedial & Applicable Retroactively, IAS_I-2083-001.

Emergency Final Order (See Also PRACTICE & PROCEDURE) --

Amended -- Authorization For Repairs, Replacement, Restoration and Certain Other Measures Made Necessary By Hurricane Andrew, IAS_I-2084-001.

Amended -- Wetland Resource Management Permit -- Natural Gas Pipeline -- Suspension, IAS_I-2085-001.

Authorization to Lower Inlet to Existing Modified Drainage Well Associated With Lake Orienta Project, IAS_I-2086-002.

Coastal Construction Control Line (CCCL) -- Beach Renourishment -- Dade --

City Protest -- Permit Granted, IAS_I-2087-001.

Emergency Procedures Should Not Be Utilized Absent An Emergency, IAS_I-2088-001.

Emergency Suspension of a Permit Is a Drastic Step, IAS_I-2089-001.

Permit Granted Dade County Over City of Golden Beach Protest --

To Avoid Loss of Federal Funds, IAS_I-2090-001.

Wetland Resource Management Permit -- Natural Gas Pipeline -- Suspension, IAS_I-2091-001.

Employee (See Also PUBLIC EMPLOYEES) --

Quitting Employ In Lieu of Accepting a Transfer, IAS_I-2092-001.

Enforcement (See Also PRACTICE & PROCEDURE) --

Administrative & Judicial Remedies Are Independent, Cumulative & Can Be Pursued Concurrently, IAS_I-2093-001.

Agency Discretion Regarding Is "Absolute", IAS_I-2094-001.

Agency Discretion Regarding Is Not Subject to §120 Challenge, IAS_I-2095-002.

Agency Discretion Regarding Is Not Subject to §120 Intervenor Challenge, IAS_I-2096-001.

Applicant Required to Hire "Independent Cadre" of Environmental Inspectors, IAS_I-2097-001.

Downdrift Property Owners Affected By Sebastian Beach Renourishment Project, IAS_I-2098-001.

Environmental Regulation Comm. --

Petitions to Initiate Certain Rulemaking Must First Be Submitted to, IAS_I-2099-001.

Powers & Duties of Examined, IAS_I-2100-001.

Standards Defined & Discussed, IAS_I-2101-001.

Final Executive Order --

Declared to Be An Unpromulgated Rule, IAS_I-2102-001.

Final Order (See Also PRACTICE & PROCEDURE) --

Failure to File With Agency Clerk, IAS_I-2103-001.

Guana River Marsh Aquatic Preserve --

Beach Driving Restrictions Ordered Enforced Over County Protest, IAS_I-2104-001.

Jurisdiction (See Also APPELLATE REVIEW; DISCIPLINE; PERMITS, Dredge & Fill, Jurisdiction; PRACTICE & PROCEDURE) --

§403 To Be Liberally Construed In Favor of Public Interest, IAS_I-2105-001.

Dredge & Fill --

Dept. Burden of Proof Examined, IAS_I-2106-001.

Elimination or Reduction Requirement Exhaustively Explored, IAS_I-2107-001.

Jurisdictional Determination -- Third Party Challenge, IAS_I-2108-001.

Jurisdictional Determinations Exhaustively Explored, IAS_I-2109-001.

Road -- DOT Does Not Have Exclusive Jurisdiction Over Design As It Relates to the "Public Interest", IAS_I-2110-001.

Statutes Regarding to Be Liberally Construed, IAS_I-2111-001.

Eminent Domain (See Also TAKING)

Eminent Domain -- Condemnation Action -- Utility -- Denied For Land the Subject of Permit Application -- DER Acknowledges, IAS_I-2112-001.

Eminent Domain Condemnation of Environmentally Sensitive Land -- DER Has No Power to Review, IAS_I-2113-001.

Federal Statutory Preemption Examined, IAS_I-2114-001.

Measured & Limited By Statutes In Which Such Powers Are Expressly Granted or Implied, IAS_I-2115-001.

Modification of Permit Conditions --

Change In Law, IAS_I-2116-001.

Mitigation Plans, IAS_I-2117-001.

None to Base a Decision On Economic Feasibility, IAS_I-2118-001.

None to Consider Aesthetics, IAS_I-2119-001.

None to Consider Collateral Attack On Parallel Surface Water Management Permit Granted By the Water Management District, IAS_I-2120-001.

None to Consider "Need" For a Project, IAS_I-2121-001.

None to Consider "No Project" Alternative, IAS_I-2122-001.

None to Consider Compliance With Local Land Use Restrictions, IAS_I-2123-001.

None to Consider Compliance With Local Land Use Restrictions Or Long-Range Development Plans, IAS_I-2124-004.

None to Consider Compliance With Local Ordinance, IAS_I-2125-002.

None to Consider Compliance With Local Permitting Requirements, IAS_I-2126-001.

None to Consider Compliance With Local Zoning Requirements, IAS_I-2127-002.

None to Consider Constitutional "Taking" Claim, IAS_I-2128-001.

None to Consider Impacts On Property Values, IAS_I-2129-001.

None to Consider Nonenvironmental Factors, IAS_I-2130-001.

None to Consider Wisdom or Cost-Effectiveness of Local Governmental Projects, IAS_I-2131-001.

None to Enforce Rules of Another Agency Absent Proper Delegation, IAS_I-2132-001.

None to Resolve Property Disputes or Ownership Rights, IAS_I-2133-003.

None to Stay Agency Action Pending Request For Rights to Sovereign Submerged Lands, IAS_I-2134-001.

None to Waive Its Rules, IAS_I-2135-001.

Privately Dug & Owned Canals, IAS_I-2136-001.

Requisite Flexibility In Determining Permitting Standards, IAS_I-2137-001.

Surface Water Management System -- Road In Jurisdictional Wetland, IAS_I-2138-001.

License (See Also LICENSING) --

Crawfish Endorsement --

Financial Difficulties Do Not Justify Wholesale Violations, IAS_I-2139-001.

Possession of Substantial Quantity of Undersized Lobsters, IAS_I-2140-001.

Saltwater Products --

Use of Illegal Gill Net In State Waters, IAS_I-2141-001.

Wholesale Dealer --

Violation of Regulations Pertaining to Clams, IAS_I-2142-001.

Local Government Wastewater Financial Assistance Bureau --

Fiscal Year 1993 Revolving Loan Priority List, IAS_I-2143-001.

Local Restrictions On Inland Waterways --

Hold Harmless Agreement With DEP, IAS_I-2144-001.

Motor Boats -- Protection of Manatees, IAS_I-2145-001.

Personal Watercraft, IAS_I-2146-001.

Marine Patrol --

Constitutional Net Limitation --

Contested Methodology For Measuring Trawl or Troll Nets -- Supreme Court, IAS_I-2147-001.

Purpose Found to Involve Limitation Not Prohibition of Shrimp Trawl Nets, IAS_I-2148-001.

Pollutant Discharge Citation --

Invoice For Response & Investigative Costs, IAS_I-2149-001.

Motion For Clarification Denied After Dismissal of Petition For Declaratory Statement, IAS_I-2150-001.

Motion For Rehearing & Certification Denied: Collier Development Corp. v. DEP, IAS_I-2151-001.

Notice of Violation/Order For Corrective Action --

Agency Need Not Prove Absence of An Exemption, IAS_I-2152-001.

Burden of Proof -- Dept. -- Preponderance of the Evidence, IAS_I-2153-002.

Burden of Proof Is On DER, IAS_I-2154-001.

Commercial Stone Crab Traps Dipped In Petroleum Product, IAS_I-2155-001.

Corrective Action --

Cleanup of Groundwater Pollution At Dry Cleaning Business -- Change In Ownership, IAS_I-2156-001.

DOAH Declines to Fashion Remedial Plan, IAS_I-2157-001.

Dredge & Fill Without Permit -- Residence, IAS_I-2158-001.

Dredge & Fill Without Permit -- Retention Wall Around Lake -- Fish Camp, IAS_I-2159-001.

Dredge & Fill Without Permit, IAS_I-2160-003.

Personal Liability Cannot Be Imposed On Property Held In Trust, IAS_I-2161-001.

Petroleum Product Contamination of Soil/Groundwater, IAS_I-2162-001.

Reconstruction of Demolished Residential Seawall Without a Permit, IAS_I-2163-001.

Warning Letter Found Not to Constitute, IAS_I-2164-001.

Waste Tire Site -- Auto Salvage Yard, IAS_I-2165-001.

Oral Argument Before Secretary Denied, IAS_I-2166-008.

Order (See Also Final Order) --

Absence of Clerk's Stamp Found Immaterial, IAS_I-2167-001.

Order to Show Cause --

Application For Modification of Permit -- Biohazardous Waste Incinerator -- Underlying Permit Expires, IAS_I-2168-001.

Permit (See Also Jurisdiction; PERMITS) --

Applicant --

Engineer -- U.S. Corps of Engineers -- Need Not Hold Fla. License, IAS_I-2169-001.

Conditions (See Also Conditions; PERMITS) --

DOAH Cannot Place Burden on DEP to Fashion Conditions to Resolve Violations, IAS_I-2170-001.

Construction (See Also PERMITS) --

Distinction Between Construction & Operating Permit Examined, IAS_I-2171-001.

Extension of Expired Permits Discussed, IAS_I-2172-001.

Landfill -- Amendment to §403.707(4) -- Retroactive Application -- Water Management Dist. Report, IAS_I-2173-001.

Underground Injection Well -- Municipal Wastewater Treatment -- Expiration of Found Not Automatically Extended, IAS_I-2174-001.

Underground Injection Well -- Municipal Wastewater Treatment -- Interplay Between State & Federal Regulations Examined, IAS_I-2175-001.

Default (See PERMITS, Default Permit §120.60(2))

Dredge & Fill (See Also Jurisdiction; PERMITS) --

Dept. Intent to Deny -- Post-Hearing Recusal of DOAH Hearing Officer -- De Novo Hearing Found Not Required, IAS_I-2176-001.

Dock -- Private -- John Pennekamp Park -- Bd. of Trustees Moratorium Found Not Binding, IAS_I-2177-001.

Exemption -- Burden of Proof, IAS_I-2178-001.

Exemption -- Monroe County Airport -- Federally Ordered Trimming of Mangroves, IAS_I-2179-001.

Exemption -- Restoration of Seawall -- Scope of Examined, IAS_I-2180-001.

Power Plant Transmission Line Corridor -- Clearing of Forested Wetland -- Mitigation, IAS_I-2181-001.

Expiration of --

§120.60(6) Is Inapplicable, IAS_I-2182-001.

Modifications --

Dept. Is Required to Consider Requests For, IAS_I-2183-001.

Oil & Gas Exploration Well --

Dept. Cannot Require Additional Security Beyond Payment Into the Fund, IAS_I-2184-001.

Requirement of 1.9 Billion Dollar Surety Bond As Condition Precedent Reversed, IAS_I-2185-002.

Requirement of 1/2 Billion Dollar Security Deposit As Condition Precedent Reversed, IAS_I-2186-001.

Operating --

Distinction Between Construction & Operating Permit Examined, IAS_I-2187-001.

Waste Management Facility -- Hurricane Andrew, IAS_I-2188-001.

Waste Tire Disposal Site -- Closure, IAS_I-2189-001.

Waste Tire Site Closure --

Pertinent Statutory & Rule Framework Examined, IAS_I-2190-001.

Wastewater Treatment Plant (See Also PERMITS) --

Third Party Protest, IAS_I-2191-001.

Petroleum Product Cleanup (See Also DECLARATORY STATEMENTS) --

Abandoned Tank Restoration Program --

Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-2192-001.

Applicant Has the Burden of Proof, IAS_I-2193-001.

Contaminated Property Inherited Is Not "Purchased", IAS_I-2194-001.

Contamination Caused By Both Eligible & Ineligible Substances, IAS_I-2195-001.

Distinction Between Single & Multiple Storage Systems Exhaustively Explored, IAS_I-2196-001.

Facility Defined & Discussed, IAS_I-2197-001.

Failure to Discontinue Use By Statutory Deadline -- Cannot Be Excused, IAS_I-2198-001.

Failure to Eliminate All Storage Tanks, IAS_I-2199-001.

Gasoline Station -- Diesel vis. Gasoline Tanks -- Eligibility, IAS_I-2200-001.

Gasoline Station, IAS_I-2201-001.

Limited Nature of This Program Discussed, IAS_I-2202-001.

Moving & Storage Company's Fuel Tanks, IAS_I-2203-001.

Nonresidential Location Exhaustively Defined, IAS_I-2204-001.

Petroleum Product Defined & Discussed As a "Liquid Fuel Commodity", IAS_I-2205-001.

Reimbursement Denied -- Untimely Filing, IAS_I-2206-001.

Reimbursement to County Denied, IAS_I-2207-001.

Site Defined & Discussed, IAS_I-2208-001.

Use of Tank After Statutory Deadline -- Reimbursement Denied, IAS_I-2209-002.

Applicant Has the Burden of Proof, IAS_I-2210-001.

Florida Pollution Liability Insurance & Restoration Program (FPLIRP) --

1992 Statutory Amendments Found Not to Be Retroactive, IAS_I-2211-001.

1992 Statutory Amendments Not Applied Retroactively, IAS_I-2212-001.

Applicant Has the Burden of Proof, IAS_I-2213-002.

Compliance With Pertinent Statutes & Rules Is Mandatory, IAS_I-2214-001.

Convenience Store Gasoline Storage Tanks, IAS_I-2215-001.

Deadline For Retrofitting Requirements Cannot Be Extended, IAS_I-2216-001.

Diesel Fuel Storage Tanks At Yacht Club, IAS_I-2217-001.

Eligibility Is Determined On An Incident By Incident Basis, IAS_I-2218-001.

Failure to Immediately Report & Abate a Known Discharge, IAS_I-2219-003.

Failure to Timely Meet Retrofitting Requirements, IAS_I-2220-001.

Financial Responsibility Found Lacking, IAS_I-2221-001.

Immediate Corrective Action Is a Critical Element, IAS_I-2222-001.

Pertinent Statutes & Rules Examined, IAS_I-2223-001.

Presence of Product In Monitoring Well Compels Corrective Action, IAS_I-2224-001.

Reimbursement Denied -- Untimely Filing, IAS_I-2225-001.

Reimbursement Is Limited to Discharges Related to Actual Functioning, IAS_I-2226-001.

Residential Condo Association Diesel Storage Tank For Backup Generator, IAS_I-2227-001.

Statutory Framework Governing Examined, IAS_I-2228-002.

Time Limit For Corrective Action Cannot Be Waived, IAS_I-2229-001.

Untimely Request For -- Denied, IAS_I-2230-002.

Restoration of the Oklawaha River --

Further Legislative Approval Not Required, IAS_I-2231-001.

Rule (See Also RULES & RULEMAKING) --

Motorboat Speed Limit For Protection of Manatees --

Constitutionality of Florida Manatee Sanctuary Protection Act Upheld, IAS_I-2232-001.

Land & Water Adjudicatory Comm. Upholds Propriety of, IAS_I-2233-001.

Phosphorous Criterion For the Everglades --

Denial of Challenge to DEP's Timeframes Affirmed, IAS_I-2234-001.

Rulemaking Petition --

Definition of "Surface Waters of the State" -- Denied, IAS_I-2235-001.

Numerical Criteria For Phosphorous Concentrations In the Everglades Granted, IAS_I-2236-001.

Numerical Criterion For Phosphorus Concentrations In the Everglades -- Dept. Denial of Reversed, IAS_I-2237-001.

Standards For Specific Conductance, IAS_I-2238-001.

Zones of Initial Dilution -- Amendment of Rule 17-4.244 -- Granted, IAS_I-2239-001.

Sand Transfer Plant In Palm Beach County --

Former DNR Found to Have Improperly Acquiesced In Circuit Court Jurisdiction, IAS_I-2240-001.

Second Final Order After Remand: The Conservancy Inc., IAS_I-2241-001.

Secretary (See Also Oral Argument Before) --

Mechanics of Decision-Making Process Examined, IAS_I-2242-001.

Staff Prejudice --

Allegation of Rejected Out-of-Hand Since Dept. Secretary Makes the Final Decision, IAS_I-2243-001.

Subject Matter Index --

Deficiencies In Acknowledged, IAS_I-2244-001.

Duty to Prepare Acknowledged, IAS_I-2245-001.

Third Party Intervenors (See Also PERMITS, Third Party Intervenors; PRACTICE & PROCEDURE, Intervenors) --

Request to Be Aligned As Amicus Curiae Denied, IAS_I-2246-001.

Standing --

Found to Contest Agency Settlement In Parallel Judicial Proceeding, IAS_I-2247-001.

Variance From Classification As Solid Waste --

Reclamation of Spent Lead Batteries -- Renewal -- Denied, IAS_I-2248-001.

Water Pollution --

Standards Defined & Discussed, IAS_I-2249-001.

Constitutional Challenge to §112.313(4) As Vague Rejected, IAS_I-2250-001.

Proscriptions of Apply to Both Paid & Unpaid Boards, IAS_I-2251-001.

Proscriptions of Are Penal In Nature Therefore Are Strictly Construed, IAS_I-2252-001.

Purpose of Examined, IAS_I-2253-001.

§120 Is Fully Applicable to the Commission, IAS_I-2254-001.

Advisory Opinion --

Appellate Review of, IAS_I-2255-001.

Binding On County Government, IAS_I-2256-001.

Amended Final Order Upon Appellate Remand: In Re: James K. Gordon, IAS_I-2257-001.

Amended Final Order Upon Appellate Remand: In Re: Mitchell Kinzer, IAS_I-2258-001.

Amended Final Order Upon Appellate Remand: In Re: Robert G. Goin, IAS_I-2259-001.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

§57.111 Is Unavailable to Public Officials Subject to An Ethics Complaint, IAS_I-2260-001.

§112.317(8) Petition For Attorney's Fees --

§57.105 Found to Be Most Analogous, IAS_I-2261-001.

Actual Malice Defined & Discussed, IAS_I-2262-001.

Applicable Even Though Agency Counsel Is Utilized At Public Expense, IAS_I-2263-003.

Comm. Authority to Award Against Complainants, IAS_I-2264-001.

Complainant -- Public Official Held to Same Standard As Private Citizen, IAS_I-2265-001.

Consultation With Attorney Prior to Filing a Complaint Is No Bar to Award, IAS_I-2266-001.

Denied, IAS_I-2267-001.

Failure to Prove Up At DOAH Hearing Found Fatal, IAS_I-2268-001.

Frivolous Appeal Defined & Discussed, IAS_I-2269-002.

Granted, IAS_I-2270-001.

Interpretation of §112 Is Entitled to Judicial Deference, IAS_I-2271-001.

Malicious Intent -- Proof of Examined, IAS_I-2272-004.

Mitigating Circumstances Alleged & Rejected, IAS_I-2273-001.

Purpose of Examined, IAS_I-2274-002.

Without Basis In Law or Fact Defined & Discussed, IAS_I-2275-001.

Burden of Proof --

Malicious Intent -- Defined, IAS_I-2276-001.

Petitioner, IAS_I-2277-001.

Preponderance of the Evidence, IAS_I-2278-001.

Calculation of Amount --

Attorney's Fees Attributable to Litigating Entitlement to Same Are Recoverable, IAS_I-2279-001.

Costs & Fees Associated With Litigation of Entitlement to Are Recoverable, IAS_I-2280-001.

Fees & Costs Incurred After the Administrative Hearing Are Recoverable, IAS_I-2281-001.

Includes Fees For Both Underlying Proceeding & §112.317(8) Proceeding, IAS_I-2282-001.

Methodology Behind Calculation of Examined, IAS_I-2283-004.

Comm. Authority to Award Against Complainants, IAS_I-2284-001.

Comm. Award Reversed As Insufficient, IAS_I-2285-001.

Comm. Dismissal of Complaint Is Not Dispositive, IAS_I-2286-001.

Complaints -- May Be Frivolous Even If Legally Sufficient If Facts Alleged Are "Utterly Baseless", IAS_I-2287-001.

Complaints -- Release to the Press Can Support Inference of Malicious Intent, IAS_I-2288-001.

Third Party Unsuccessful Circuit Court Suit Seeking Injunction Against City Payment of Affirmed, IAS_I-2289-001.

Burden of Proof -- Commission (See Also PRACTICE & PROCEDURE) --

Clear & Convincing Evidence Is Not Required, IAS_I-2290-001.

On Commission, IAS_I-2291-003.

Preponderance of the Evidence, IAS_I-2292-032.

Commission Investigator --

Lack of Candor In Dealings With, IAS_I-2293-001.

Conflict of Interest --

Actual Knowledge of Conflict Is Required, IAS_I-2294-002.

Analysis of Benefits Flowing to Spouse Who Is a Separate Financial Entity, IAS_I-2295-001.

Charges Based On Art. II, Sec. 8(e) --

No Authority For Comm. Penalty, IAS_I-2296-001.

County Commissioner, IAS_I-2297-001.

DBPR Board Member, IAS_I-2298-001.

Doing Business With One's Agency, IAS_I-2299-001.

Four (4) Part Test For, IAS_I-2300-001.

Gain or Loss Test, IAS_I-2301-001.

Participation In a Disciplinary Proceeding Involving Someone Within a Contractual Relationship, IAS_I-2302-001.

Roof Installed On Personal Residence At Alleged Discount, IAS_I-2303-001.

Special Private Gain Discussed, IAS_I-2304-001.

State Senator, IAS_I-2305-001.

Test For Examined, IAS_I-2306-001.

Voting to Pave Road In Front of Own House, IAS_I-2307-001.

Conflict of Interest, IAS_I-2308-001.

Conflicting Contractual Relationship --

Building Inspector -- Property Owner, IAS_I-2309-001.

City Commissioner, IAS_I-2310-002.

Corporate Profit-Sharing Plan Found Not a Separate Entity From Parent Corp., IAS_I-2311-001.

Corporate Stock Ownership Alone Creates, IAS_I-2312-001.

County Commissioner -- County Contractor, IAS_I-2313-001.

Test For Examined, IAS_I-2314-001.

Three (3) Part Test For, IAS_I-2315-001.

Conflicting Employment --

City Attorney, IAS_I-2316-001.

County Firemedics & Paramedics Also Employed By Private Firm, IAS_I-2317-001.

Defined & Discussed, IAS_I-2318-001.

Grandfather Proviso of §112.313(3) Found to Be Inapplicable, IAS_I-2319-001.

Discovery (See Also PRACTICE & PROCEDURE) --

Challenge to Comm. Denial of Protective Order Barring Deposition of Respondent, IAS_I-2320-001.

Failure to Disclose Financial Interest --

Essential Elements of Proof Regarding, IAS_I-2321-001.

Failure to Disclose Financial Interest, IAS_I-2322-004.

Failure to Report a Gift, IAS_I-2323-001.

Failure to Timely File Financial Statement, IAS_I-2324-001.

Former Public Official Whose Violation Occurred Prior to Leaving Office, IAS_I-2325-001.

Jurisdiction --

County Ordinance Cannot Nullify Commission Action, IAS_I-2326-001.

None to Consider Constitutional Questions, IAS_I-2327-001.

Member of Legislature --

Commission Can Merely Recommend a Penalty to the Leader of the Appropriate House, IAS_I-2328-001.

Misuse of Public Position --

Advocating Favorable Treatment of One Within a Contractual Relationship, IAS_I-2329-001.

Anti-Nepotism Statute (§116.11) -- In 1988 Was Not Part of Code of Ethics, IAS_I-2330-001.

Anti-Nepotism Statute -- Amendment --

Appointment to Unpaid Advisory Board, IAS_I-2331-001.

Anti-Nepotism Statute Found to Be Penal In Nature, IAS_I-2332-001.

Anti-Nepotism Statute -- Hiring of Relative, IAS_I-2333-001.

Appointment of Relative to Board, IAS_I-2334-001.

Arranging For Public Employment of Son, IAS_I-2335-001.

Attempting to Fix Traffic Ticket For Friend's Daughter, IAS_I-2336-001.

Attempting to Improperly Secure Retirement Benefits, IAS_I-2337-001.

Attempting to Levy Unauthorized Charges, IAS_I-2338-001.

Attempting to Obtain Special Law Enforcement Consideration Regarding Crime Against Daughter, IAS_I-2339-001.

Behavior Reached Must Be "Public" Not "Private", IAS_I-2340-001.

Benefit Received Need Not Be An Economic Benefit, IAS_I-2341-001.

Coercion Can Exist Absent Actual Power to Fire An Employee, IAS_I-2342-001.

Corrupt Intent -- Establishment of, IAS_I-2343-001.

Corruptly Defined & Found to Constitute a Question of Fact, IAS_I-2344-002.

Corruptly Defined & Found to Require Specific Intent, IAS_I-2345-005.

Corruptly Defined, IAS_I-2346-002.

Essential Elements of Proof Include Specific Intent, IAS_I-2347-001.

Essential Elements of Proof Regarding, IAS_I-2348-001.

Failure to Have Statutorily-Mandated Complaint Review Procedure, IAS_I-2349-001.

Falsification of Memorandum of Voting Conflict, IAS_I-2350-001.

Four (4) Part Test For, IAS_I-2351-002.

Fraudulent Travel Reimbursement Claim, IAS_I-2352-001.

Improper Travel Expenses, IAS_I-2353-001.

Improperly Writing Off Cost of Services of Jail Industry Program, IAS_I-2354-001.

Intimidation, IAS_I-2355-001.

Passive Political Expression During Working Hours Not Proscribed, IAS_I-2356-001.

Prohibition On Is Broad, IAS_I-2357-001.

Roof Installed On Personal Residence At Alleged Discount -- Reversed, IAS_I-2358-001.

Roof Installed On Personal Residence At Alleged Discount, IAS_I-2359-001.

Sexual Harassment Alone Can Constitute, IAS_I-2360-001.

Sexual Harassment of Subordinate Employee, IAS_I-2361-003.

Soliciting Votes For Political Candidate, IAS_I-2362-001.

Street Lights Installed In Privately Owned Trailer Park, IAS_I-2363-001.

Test For Examined, IAS_I-2364-005.

There Is No "Bright Line Test", IAS_I-2365-001.

Three (3) Part Test For, IAS_I-2366-002.

To Recall Arrest Warrant, IAS_I-2367-001.

Use of City Stationery to Promote Personal Business, IAS_I-2368-001.

Use of Inside Information to Further Relative's Real Estate Interests, IAS_I-2369-001.

Use of Public Resources In Furtherance of One's Work, IAS_I-2370-001.

Use of Public Resources to Write Paper For Class, IAS_I-2371-001.

Misuse of Public Position, IAS_I-2372-005.

Mitigating Factors (See Also DISCIPLINE) --

Absence of Impact On Public 1350-1352.

Alleged Ignorance of Official Policy Is Not One, IAS_I-2373-001.

Failure to Prove All Allegations Within a Complaint, IAS_I-2374-001.

Lack of Proof of Intentional Misconduct, IAS_I-2375-001.

Loss of Public Office Due to Assailed Conduct, IAS_I-2376-001.

Reliance On Advice of Counsel Is Not An Absolute Defense, IAS_I-2377-003.

Service Without Compensation, IAS_I-2378-001.

Penalty (See Also DISCIPLINE; PRACTICE & PROCEDURE, DOAH) --

Commission Declines to Impose Multiple Penalties For Multiple Statutory Violations Arising Out of a Single Factual Transaction, IAS_I-2379-001.

Deterrent Effect of Considered, IAS_I-2380-001.

Expenditure of Legal Fees to Defend Against Complaint Found to Constitute, IAS_I-2381-001.

Multiple Violations Arising Out of a Single Factual Matter, IAS_I-2382-001.

Restitution Penalty Payable to State Not Improper Donor, IAS_I-2383-001.

Reports of the Ethics Comm. --

Mechanics of Examined, IAS_I-2384-001.

Rulemaking Authority --

Scope of Examined, IAS_I-2385-001.

Unauthorized Compensation --

§ 112.313(4) Found Not to Be Unconstitutionally Vague, IAS_I-2386-001.

Acceptance of Free Membership, IAS_I-2387-005.

Constructive Knowledge Provision Found Proper, IAS_I-2388-001.

Distinction Between An Honorary & Complimentary Membership Examined, IAS_I-2389-002.

Free Legal Services, IAS_I-2390-001.

Gifts For Spouse, IAS_I-2391-001.

Gratuitous Practice -- Fact That a History or Tradition Exists Is Immaterial, IAS_I-2392-003.

Greater Value Heightens Suspicion, IAS_I-2393-001.

Restitution Penalty Payable to State Not Improper Donor, IAS_I-2394-001.

Roof Installed On Personal Residence At Alleged Discount -- Reversed, IAS_I-2395-001.

Roof Installed On Personal Residence At Alleged Discount, IAS_I-2396-001.

Statutory Prohibition Found Unconstitutionally Vague -- Supreme Court Reverses, IAS_I-2397-001.

Statutory Prohibition On Found Unconstitutionally Vague, IAS_I-2398-001.

Statutory Prohibition On Found to Impermissibly Require Knowledge of Intent of Third Parties, IAS_I-2399-001.

There Is No Requisite Wrongful Intent Element, IAS_I-2400-001.

Three (3) Part Test For, IAS_I-2401-001.

Unauthorized Compensation, IAS_I-2402-002.

Renovation of Football Stadium -- Rejection of All Bids Reversed In Part -- Attorney's Fees Awarded, IAS_I-2403-001.

Guarantee of Bonds By FDFC --

Does Not Pledge Public Credit or Taxing Power, IAS_I-2404-001.

FDFC Need Merely Show That Some Public Interest Is Served, IAS_I-2405-001.

Fact That Private Entity Is the Primary Beneficiary Does Not Matter, IAS_I-2406-001.

Special Rather Than General Obligation, IAS_I-2407-001.

Power of FDFC to Guarantee Bonds Examined, IAS_I-2408-001.

Statutory Purpose of Examined, IAS_I-2409-001.

Statutory Powers of Examined, IAS_I-2411-001.

Community Development District --

Statutory Criteria For Examined, IAS_I-2413-001.

DOAH Report On Rule to Establish Central Viera Community Development Dist., IAS_I-2414-001.

Challenge to Disciplinary Action In Alleged Cheating Incident Rejected, IAS_I-2415-001.

Student § 120.56 Rule Challenge --

Demand For Copies of Student Disciplinary Orders --

DOAH Order Compelling Access Reversed, IAS_I-2416-001.

Student Privacy & University Interests Found to Outweigh Student's Right of Access to Full Text of Final Orders, IAS_I-2417-001.

Student --

Lack of Standing to Bring §120.57 Action Noted, IAS_I-2418-001.

Rule Challenge, IAS_I-2419-001.

Change In Permitted Use of Amounts to a Change In the Tax, IAS_I-2420-001.

Statutory Expansion of to Include Operation & Maintenance of Parks Affirmed As Unconstitutional, IAS_I-2421-001.

Inapplicable When Comm. Is Acting Pursuant to Constitutional Authority, IAS_I-2422-001.

Employee (See Also PUBLIC EMPLOYEES) --

Negligence -- Suspension Reversed By PERC, IAS_I-2423-001.

Jurisdiction --

Rules or Allegedly Unpromulgated Rules Pursuant to Constitutional Authority --

Not Subject to DOAH Challenge, IAS_I-2424-001.

To Protect Environmentally Endangered Species --

Examined, IAS_I-2425-001.

Licensure (See Also LICENSURE) --

Possession or Exhibition of Venomous Reptiles, IAS_I-2426-001.

Possession or Exhibition of Wildlife --

Requisite Experience Found Lacking, IAS_I-2427-001.

Permit --

Alligator Farm & Processing Facility --

Criminal Plea, IAS_I-2428-001.

Class I Wildlife --

Rule Waiver Regarding Possession of In Multi-Family Dwelling Denied, IAS_I-2429-001.

Possession & Exhibition of Wildlife and Venomous Reptiles --

Upgrade Denied, IAS_I-2430-001.

Possession of Captive Wildlife --

Criminal Conviction, IAS_I-2431-001.

Evidence of Criminal Violation Found Insufficient, IAS_I-2432-001.

False Statements On Permit Application, IAS_I-2433-001.

Renewal, IAS_I-2434-001.

Unsanitary Conditions, IAS_I-2435-001.

Warrantless Searches By Comm. Officers. 2209-2211-J.

Possession or Exhibition of Wildlife and Venomous Reptiles --

Operating Without, IAS_I-2436-001.

Previous Violations of Regulations, IAS_I-2437-001.

To Disturb Eagle Nest --

Operating Without -- Circuit Court Finding That Enforcement Constituted a "Taking" Reversed, IAS_I-2438-001.

Wildlife Surveys --

Comm. Finds Rulemaking Regarding Not Warranted, IAS_I-2439-001.

Petition For Hearing Denied As Untimely, IAS_I-2440-001.

Default Licensure Denied, IAS_I-2441-001.

Denial of Licensure Reversed, IAS_I-2442-001.

Challenge to Certain Proviso Language In 1995-96 Allocations From Fla. Education Finance Program --

Classroom Enhancement Incentive Proviso Struck, IAS_I-2444-001.

Challenge to Certain Proviso Language In Various 1995-96 Legislative Appropriations --

Supreme Court Strikes Proviso Language, IAS_I-2445-001.

Comptroller Refusal to Pay For Counsel Hired As An Independent Contractor Reversed, IAS_I-2446-001.

Notary Public --

Constitutional Status As State Officer Examined, IAS_I-2447-001.

Governor's Refusal to Renew Commission, IAS_I-2448-001.

Constitutionality of §408.706(10) Upheld, IAS_I-2449-002.

Definition of Independent Pharmacies Examined, IAS_I-2450-002.

Independent Pharmacy Exception Examined, IAS_I-2451-002.

Annual Regulatory Assessment --

Health Maintenance Organization --

Constitutional Challenge to AHCA As Violative of Numerical Limit On the Number of Departments Not Reached, IAS_I-2452-001.

Transfer of Jurisdiction From HRS to AHCA Discussed, IAS_I-2453-001.

Central Abuse Registry (See Also HRS, Dept. of) --

Exemption From Disqualification (See Also HRS, Dept. of, Central Abuse Registry; JUVENILE JUSTICE, Dept. of) --

1994 Amendments to Disqualifying Offenses Discussed, IAS_I-2454-001.

Applicant Has the Burden of Proof By Clear & Convincing Evidence, IAS_I-2455-010.

Denied, IAS_I-2456-011.

Developmentally Disabled Children Facility -- AHCA Without Jurisdiction to Grant Exemptions For Workers At, IAS_I-2457-001.

Evidence of Rehabilitation Discussed, IAS_I-2458-001.

Granted, IAS_I-2459-001.

Hospitals -- AHCA Without Jurisdiction to Grant Exemptions For Workers At, IAS_I-2460-001.

Mere Passage of Time Alone Is Insufficient, IAS_I-2461-001.

Nursing Home -- AHCA Without Jurisdiction to Grant Exemptions For Workers At, IAS_I-2462-001.

Proof of Rehabilitation, IAS_I-2463-001.

Transfer of Jurisdiction From HRS to AHCA Examined, IAS_I-2464-001.

Hospitals --

Need Not Screen Their Workers, IAS_I-2465-001.

Certificate of Need (CON) (See Also CERTIFICATE OF NEED (CON); HRS, Dept. of) --

Applicant Has the Burden of Proof, IAS_I-2466-001.

Application --

Incomplete -- Failure to Reveal Total Capital Commitments -- Denied-But-In-Litigation Projects -- Lump-Sum Item Titled "Other Capitalization" Found Adequate, IAS_I-2467-001.

Incomplete -- Failure to Reveal Total Capital Commitments -- Denied-But-In-Litigation Projects Found Not Subject to Disclosure, IAS_I-2468-001.

Comparative Review --

Mandated Timeframes & Attendant Delays Noted, IAS_I-2469-001.

Home Health Agency --

Need -- DOAH Invalidation of Rule Need Methodology Reversed In Part, IAS_I-2470-001.

Hospital --

Modification -- Increase In Acute Care Beds -- Agency Denial Affirmed, IAS_I-2471-001.

Open Heart Surgical, IAS_I-2472-001.

Replacement Facility -- Expedited Non-Comparative Review Ordered, IAS_I-2473-001.

Intervenors (See Also PRACTICE & PROCEDURE) --

Standing -- Replacement Facility, IAS_I-2474-002.

Nonrule Policy (See Also PRACTICE & PROCEDURE) --

Burden of Agency to Explain & Justify, IAS_I-2475-001.

Nursing Home --

Replacement Facility -- Expedited Non-Comparative Review Ordered, IAS_I-2476-001.

Transfer of CON --

Whether the Full Panoply of Need Criteria Apply Exhaustively Explored, IAS_I-2477-001.

Community Health Purchasing Alliance (CHPA) Bd. of Directors --

Authority to Create Advisory Committees Examined, IAS_I-2478-001.

Community Health Purchasing Alliances (CHPA) Examined, IAS_I-2479-001.

Constitutional Challenge to Creation of --

AHCA Is a Validly Structured Independent Agency Within the Department of Professional Regulation, IAS_I-2480-001.

Circuit Court Declares AHCA to Be Unconstitutional As In Excess of the Limitation On the Number of Departments (25), IAS_I-2481-001.

Legislature Cannot Prevent Executive Branch Agency From Reporting Directly to the Governor, IAS_I-2482-001.

Supreme Court Examines & Finds No Legal Infirmity In the Structure of AHCA, IAS_I-2483-001.

Contracts (See CONTRACTS (Bids/Protests))

Health Care Access Problems --

Affordable Health Care & Health Care Insurance, IAS_I-2484-001.

Geographic Access, IAS_I-2485-001.

License (See Also LICENSING) --

AHCA Has Authority to Challenge Disciplinary Action By Professional Board, IAS_I-2486-001.

Adult Congregate Living Facility (See Also HRS, Dept. of) --

Challenge to Fine -- AHCA Has Right to Reissue Final Order Not Originally Received, IAS_I-2487-001.

Emergency Powers of HRS to Remove Endangered Residents, IAS_I-2488-001.

Emergency Revocation of License, IAS_I-2489-001.

Failure to Document Employees As Free of Communicable Disease, IAS_I-2490-001.

Failure to Ensure That All Resident Contracts Contain All Required Provisions, IAS_I-2491-001.

Failure to Ensure That All Residents Are Examined By a Health Care Provider As Required, IAS_I-2492-001.

Failure to Execute Requisite Contracts With Staff, IAS_I-2493-001.

Failure to Have Resident Contracts On File, IAS_I-2494-001.

Facilities Licensed For Fewer Than 17 Residents Need Not Afford Opportunity For Participation In Menu Planning, IAS_I-2495-001.

Failure to Maintain Facility, IAS_I-2496-001.

Failure to Maintain Requisite Written Records, IAS_I-2497-001.

Failure to Perform Requisite Health Assessments, IAS_I-2498-001.

Failure to Prepare Adequate Meal Plans, IAS_I-2499-001.

Failure to Provide Requisite Leisure Activities, IAS_I-2500-001.

Failure to Provide Requisite Training to Staff, IAS_I-2501-001.

Failure to Uphold Residents' Rights, IAS_I-2502-001.

HRS Challenge to Placement of Resident, IAS_I-2503-001.

HRS Has No Duty to Affirmatively Prove Nonexistence of Requisite Records, IAS_I-2504-001.

Implication of Confirmed HRS Abuse Registry Report, IAS_I-2505-001.

Inadequate Dietary Plan, IAS_I-2506-001.

Moratorium On New Admissions -- Found Properly Imposed, IAS_I-2507-001.

Moratorium On New Admissions, IAS_I-2508-001.

Operating Without -- Defined & Discussed, IAS_I-2509-001.

Penalty -- Separate Fines Not Assessed For Multiple Counts Arises Out of Singular Deficiency, IAS_I-2510-001.

Renewal -- Denied, IAS_I-2511-001.

Renewal -- HRS Abuse Report, IAS_I-2512-001.

Scope of This License Examined, IAS_I-2513-001.

Staff Member Not Trained In First Aid, IAS_I-2514-001.

Transfer -- Renewal -- Duty of Transferee to Provide Proof of Ownership, IAS_I-2515-001.

Transfer of Jurisdiction From HRS Discussed, IAS_I-2516-001.

Unsafe & Unsanitary Conditions, IAS_I-2517-002.

Developmentally Disabled Facility --

No Duty to Screen Workers, IAS_I-2518-001.

Health Maintenance Organization --

Moratorium On Enrollment & Expansion, IAS_I-2519-001.

Home Health Agency --

Confidentiality of Patient Complaints Examined, IAS_I-2520-001.

Defined, IAS_I-2521-001.

Hospital --

Circuit Court Writ of Mandamus Ordering Grant of Requested "Consolidated" License Reversed, IAS_I-2522-001.

DOAH Invalidation of Agency Rule Regarding Consolidated Licenses Reversed, IAS_I-2523-001.

Failure to Provide Requisite Emergency Services, IAS_I-2524-001.

No Duty to Screen Workers, IAS_I-2525-001.

Rule Prohibition On Consolidated Licenses Found Invalid, IAS_I-2526-001.

Surrender -- Sale or Lease -- Final Order Memoralizing Pursuant to Settlement -- Challenge Dismissed, IAS_I-2527-001.

Midwife -- Temporary -- Area of Critical Need --

Out-of-State (So. Carolina) License Found Not Equivalent to Fla. License, IAS_I-2528-001.

Training & Experience Cannot Be Substituted For Educational Requirements, IAS_I-2529-001.

Nursing Assistant --

Confirmed Report of Abuse, IAS_I-2530-001.

Nursing Home --

Classification of Violation Is a Policy Function of AHCA, IAS_I-2531-001.

Deficiencies Noted -- § 120.57 Challenge to Found Premature, IAS_I-2532-001.

Duty to Screen Workers, IAS_I-2533-001.

Failure to Accommodate Needs of Impaired Residents, IAS_I-2534-001.

Failure to Correct Cited Deficiencies, IAS_I-2535-001.

Stay Denied -- Downgrading of Quality Rating, IAS_I-2536-001.

Unsafe & Unsanitary Conditions -- Urine Odor, IAS_I-2537-001.

Licensure (See Also LICENSURE) --

AHCA Has No Authority to Challenge Grant of Licensure By Professional Board, IAS_I-2538-001.

Adult Congregate Living Facility --

Failure to Correct Deficiencies, IAS_I-2539-001.

License Is a Public Trust - Not Entitlement, IAS_I-2540-002.

New Owner -- Ongoing Failure to Meet Minimum Licensure Standards, IAS_I-2541-001.

Adult Congregate Living Facility--Change In Ownership --

Criminal Plea, IAS_I-2542-001.

Hospital --

Intervenor Protest Dismissed For Lack of Standing, IAS_I-2543-001.

Intervenor Standing In Grandfather Vis. Exemption or De Facto CON Cases Examined, IAS_I-2544-001.

Nursing Home --

Deficiencies Discovered By Agency Survey Team, IAS_I-2545-001.

Medicaid (See MEDICAID)

Public Medical Assistance Trust Fund --

Indigent Care Assessment --

Authority of AHCA to Impose Fines Examined, IAS_I-2546-001.

Burden of Proof On AHCA, IAS_I-2547-001.

Calculation of Examined, IAS_I-2548-001.

Diagnostic Imaging Center -- Failure to Report & Pay, IAS_I-2549-001.

Facility Defined, IAS_I-2550-001.

Health Care Entities Defined & Discussed, IAS_I-2551-001.

Mobile Services Found Not Exempt, IAS_I-2552-001.

Services "Rendered By a Physician" Examined, IAS_I-2553-001.

Canvassing -- Prohibition On --

Found to Violate U.S. Constitution -- Revocation Reversed, IAS_I-2554-001.

Dependent District -- Ten Mill Cap On Property Tax Upheld, IAS_I-2555-001.

Driver's License Suspension --

Circuit Court Review of Examined, IAS_I-2556-003.

DUI Statute --

Accident Report -- Driver Has No Privilege of Confidentiality, IAS_I-2557-001.

Accident Report -- Self-Authenticating, IAS_I-2558-001.

Alcohol Breath Testing Equipment (See HRS, Dept. of)

Auxiliary Highway Patrol Officer Found to Have Lacked Requisite Arrest Powers, IAS_I-2559-001.

Business Purpose Only (BPO) License -- Circuit Court Grant of Affirmed, IAS_I-2560-001.

Business Purpose Only (BPO) License -- Requisite Completion of Approved Substance Abuse Education Course, IAS_I-2561-001.

Circuit Court Denial of Writ of Certiorari Affirmed, IAS_I-2562-001.

Circuit Court Lacks Jurisdiction to Stay Mandatory Administrative Revocation, IAS_I-2563-001.

Circuit Court Reversal of Dept. Hearing Officer Reversed, IAS_I-2564-001.

Circuit Courts Found to Routinely Augment "Procedural Safeguards", IAS_I-2565-001.

Constitutionality of §322.2615 Upheld, IAS_I-2566-003.

Dept. Burden of Proof Regarding Accuracy & Reliability of Sobriety Test Examined, IAS_I-2567-001.

Dept. Fails to Offer Evidence Establishing "Observation Requirement", IAS_I-2568-001.

Probable Cause Defined & Discussed, IAS_I-2569-001.

Refusal to Submit to Sobriety Test -- Alleged Revocation of Refusal Rejected, IAS_I-2570-002.

Refusal to Submit to Sobriety Test -- Dept. Need Not Prove Availability of Approved Test, IAS_I-2571-002.

Refusal to Submit to Sobriety Test -- Failure of Officer to Appear and Testify Not Probative, IAS_I-2572-001.

Refusal to Submit to Sobriety Test -- Standard For Compelling Is Reasonable Suspicion, IAS_I-2573-001.

Refusal to Submit to Sobriety Test -- Successful Challenge to Unnoticed Substitution of Hearing Officer, IAS_I-2574-001.

Refusal to Submit to Sobriety Test -- There Can Be No Suppression Based On Accuracy of Test, IAS_I-2575-001.

Refusal to Submit to Sobriety Test, IAS_I-2576-002.

Refusal to Submit to Third Sobriety Test -- Foreign Substance In Mouth Voids Earlier Tests, IAS_I-2577-001.

Restricted Driving Privilege -- Revocation of -- Reversed, IAS_I-2578-001.

Sufficiency of Officer's §322.2615(2) Affidavit Assailed, IAS_I-2579-001.

Does Not Constitute Forfeiture Under Fla. Contraband Forfeiture Act, IAS_I-2580-002.

Driver's License Is a Privilege Subject to Proper Regulations, IAS_I-2581-003.

Limited Cross-Examination of Officer & Denial of Proffer of Evidence Reversed, IAS_I-2582-001.

Improper Hearsay Testimony of Arresting Officer In Circuit Court -- Reversed, IAS_I-2583-001.

Reasonable Regulation of the Driving Privilege Is In the Public Good, IAS_I-2584-002.

Scope of Administrative Hearing Regarding Discussed, IAS_I-2585-001.

Employees (See Also PUBLIC EMPLOYEES) --

Highway Patrol --

Discipline of Officer -- Failure to Obtain Prior Authorization For Off-Duty Assignment Reversed, IAS_I-2586-001.

Investigation of Officer -- Off-Duty Auto Accident In Personal Vehicle, IAS_I-2587-001.

PERC Mitigation of Dismissal to Brief Suspension Affirmed, IAS_I-2588-001.

Motor Vehicle Dealer Franchise --

§320.641 --

Doubt As to Applicability -- Resolved In Favor of the Right to Freely Contract, IAS_I-2589-001.

Adequate Representation -- Determination of, IAS_I-2590-002.

Ambulances --

§320.61-.70 Found Inapplicable to Ambulances, IAS_I-2591-001.

Found Not to Fall Within Purview of §320.641, IAS_I-2592-001.

Neither An "Automobile" Nor a "Motorcycle", IAS_I-2593-001.

Status As a "Special Purpose Vehicle" Examined, IAS_I-2594-001.

Area Assigned In Sales & Service Agreement Is Entitled to Great Weight, IAS_I-2595-001.

Challenge to Termination of Franchise --

Dept. Cannot Enforce the Dealership Contract, IAS_I-2596-001.

Dept. Jurisdiction to Review, IAS_I-2597-001.

Challenge to Termination of Franchise, IAS_I-2598-001.

Community or Territory Defined & Discussed, IAS_I-2599-002.

Exemption From Protest to Appointment of Successor --

Bankruptcy, IAS_I-2600-001.

Deadline For Such Appointment Exhaustively Explored, IAS_I-2601-001.

Pertinent Statutes & Rules Examined, IAS_I-2602-001.

Failure to Own or Lease Location Described In Application, IAS_I-2603-001.

License Revocation --

Criminal Conviction -- Single Conviction Alone Is Basis For Revocation, IAS_I-2604-001.

False Statements On Licensure Application, IAS_I-2605-002.

Fraudulent Conduct, IAS_I-2606-002.

Use of Dealer Identification Number By Third Person, IAS_I-2607-001.

Violation of Condition of Licensure, IAS_I-2608-001.

Motorcycle Dealer -- Intervenor Protest, IAS_I-2609-001.

New Dealer Within A Multiple Dealer Area (MDA) --

Additional Dealership -- Requisite Proof to Justify Need For Examined, IAS_I-2610-001.

Challenge to New Dealership -- Motorcycle, IAS_I-2611-002.

Community or Territory Defined, IAS_I-2612-001.

Contiguous Defined, IAS_I-2613-001.

Purpose of §320.642 Examined, IAS_I-2614-002.

Validity of Rule Upheld, IAS_I-2615-001.

New Truck Dealer -- Palm Harbor, IAS_I-2616-001.

Purpose of §370.642 Examined, IAS_I-2617-001.

Relocation of Existing Dealer, IAS_I-2618-002.

Statutory Standards Exhaustively Explored, IAS_I-2619-001.

Transfer -- Proposal Withdrawn -- Mootness, IAS_I-2620-001.

Truck Defined & Discussed, IAS_I-2621-001.

Registration of Motor Vehicle --

Fees -- "For Hire" Vehicle Defined, IAS_I-2622-001.

Fees -- "Private Use" Vis "For Hire", IAS_I-2623-001.

Impact Fee On Vehicles Purchased or Titled Out-of-State

Struck Down -- Attorney's Fee Award Reduced, IAS_I-2624-001.

Impact Fee On Vehicles Purchased or Titled Out-of-State -- Clarification For Legislature Offered, IAS_I-2625-001.

Impact Fee On Vehicles Purchased or Titled Out-of-State Struck Down -- Refund Ordered, IAS_I-2626-001.

Alien -- Nonimmigrant Visitor B-2 Visa -- Dept. Denial of Benefits Affirmed, IAS_I-2628-001.

Available Resources Examined -- Inherited Undeveloped Real Property Found Not Available, IAS_I-2629-001.

Available Resources Examined -- Trust Fund of Minor -- Personal Injury Suit, IAS_I-2630-001.

Available Resources Examined -- Trust Fund of Mother Found Unavailable -- Reversed, IAS_I-2631-001.

Courts Will Not Second Guess Policy Choices of State Agencies Overseen By the Legislature, IAS_I-2632-001.

Denial of Request For Hearing As Untimely Reversed For Lack of Notice, IAS_I-2633-001.

Failure to Produce Requested Bank Records Showing Interest Income (of Less Than $10.00), IAS_I-2634-001.

Inability to Document Liability to Pay For Shelter --

Dept. Reduction In Aid Affirmed, IAS_I-2635-001.

Mechanics of the Program Examined, IAS_I-2636-001.

Overpayment --

Burden of Proving Extreme Hardship Is On the Recipient, IAS_I-2637-001.

Decrease In Household Composition, IAS_I-2638-001.

Increase In Household Income, IAS_I-2639-001.

Recoupment of Overpayment -- HRS Finding of No Extreme Hardship Affirmed, IAS_I-2640-001.

Recoupment of Overpayment Affirmed, IAS_I-2641-001.

Payment Standards -- Size of Assistance Group -- Purchased Shelter Obligation -- Validity of Rule 10C-1.103 Upheld, IAS_I-2642-001.

Reduction of Benefits Based On Historical Overpayment to Mother of Recipient Reversed, IAS_I-2643-001.

States Are Free to Set Own Standards of Need, IAS_I-2644-001.

Adoption --

Grandparent --

Termination of Parental Rights Is Not Prerequisite to Home Study, IAS_I-2645-001.

Alcohol Breath Testing Equipment --

Current Testing Procedures Found Adequate But Further Rulemaking Mandated, IAS_I-2646-001.

Pertinent Statutory Framework Carefully Explored By Supreme Court, IAS_I-2647-001.

Requisite Authentication Regarding Maintenance & Reliability Examined, IAS_I-2648-001.

Rules Regarding -- Certified Question, IAS_I-2649-001.

Rules Regarding Found Valid, IAS_I-2650-002.

Rules Regarding Surveyed At Length, IAS_I-2651-001.

State's Burden of Proof Regarding Accuracy, IAS_I-2652-001.

Whether to Admit Test Results Is An Evidentiary Not Criminal Procedure Issue, IAS_I-2653-001.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

Motion For In Conjunction With §120.69 Enforcement Proceeding Denied Due to Insufficient Notice, IAS_I-2654-001.

Central Abuse Registry -- See Also HEALTH CARE ADMINSTRATION, Agency For, License, Nursing Assistants)

§415 -- Is a Penal Statute, IAS_I-2655-001.

§415 -- Mechanics of Examined, IAS_I-2656-016.

§415 -- Purpose of Examined, IAS_I-2657-004.

§415 -- Statutory Repeal of Classification Scheme Discussed, IAS_I-2658-001.

§415 Does Not Reach Ill-Advised Business Decisions or Selection of Unworthy Persons As Friends, IAS_I-2659-001.

§415 Does Not Violate Constitutionality Protected Privacy Interest, IAS_I-2660-001.

§415 Is Intended to Protect Children - Not to Punish Abusers, IAS_I-2661-002.

§415 Is Not Limited to Intentional Abuse or Neglect, IAS_I-2662-001.

§415 Statutory Terminology Assailed As Vague & Undefined, IAS_I-2663-001.

Abuse or Neglect --

§415 Necessarily Contemplates Case-By-Case Adjudication, IAS_I-2664-001.

Abuse -- Question of Fact, IAS_I-2665-003.

Abuse Defined, IAS_I-2666-002.

Death of Respondent Does Not Preclude Inclusion In Registry, IAS_I-2667-001.

Disfigurement -- Defined & Discussed, IAS_I-2668-001.

Duty to Report Misdeeds of Spouse, IAS_I-2669-001.

Emotional Abuse -- Brandishing a Firearm, IAS_I-2670-001.

Emotional Abuse -- Defined, IAS_I-2671-001.

Emotional Abuse -- Failure to Believe Allegations of Stepparent Sexual Abuse, IAS_I-2672-001.

Emotional Abuse -- Mental Injury Defined, IAS_I-2673-002.

Emotional Abuse -- Standard of Proof Examined, IAS_I-2674-001.

Emotional Abuse -- Verbal Abuse, IAS_I-2675-003.

Emotional Abuse, IAS_I-2676-004.

Excessive Corporal Punishment -- Accident -- Defense, IAS_I-2677-001.

Excessive Corporal Punishment -- Administering Substances Causing Vomiting, IAS_I-2678-001.

Excessive Corporal Punishment -- Age of Child Is Significant, IAS_I-2679-001.

Excessive Corporal Punishment -- Disfigure & Excessive Defined, IAS_I-2680-003.

Excessive Corporal Punishment -- Duty to Report Stepparent, IAS_I-2681-001.

Excessive Corporal Punishment -- Improper Confinement, IAS_I-2682-002.

Excessive Corporal Punishment -- Inappropriate Tool, IAS_I-2683-001.

Excessive Corporal Punishment -- Is a Question of Fact, IAS_I-2684-002.

Excessive Corporal Punishment -- Is Not Equivalent to Routine Use of Corporal Punishment, IAS_I-2685-001.

Excessive Corporal Punishment -- Resort to "Arbitrary Presumptions Fixed By the Passage of Time" Proscribed, IAS_I-2686-001.

Excessive Corporal Punishment -- Sassy Behavior Does Not Justify, IAS_I-2687-001.

Excessive Corporal Punishment -- Use of An Implement, IAS_I-2688-001.

Excessive Corporal Punishment Discussed, IAS_I-2689-005.

Excessive Corporal Punishment, IAS_I-2690-038.

Excessive Defined, IAS_I-2691-001.

Excessive Force Exhaustively Explored, IAS_I-2692-001.

Excessive Force Used In Restraining Custodial Child, IAS_I-2693-002.

Exploitation -- Defined, IAS_I-2694-005.

Exploitation -- Financial -- Caretaker Relationship Not Required, IAS_I-2695-002.

Exploitation -- Financial -- Fiduciary Duty Not Required Per Se, IAS_I-2696-002.

Exploitation -- Financial, IAS_I-2697-011.

Neglect -- Abandonment -- Defined, IAS_I-2698-002.

Neglect -- Abandonment -- Imprisoned Parent Refuses to Authorize Foster Care, IAS_I-2699-001.

Neglect -- Abandonment to Relative -- Financial Problems -- Statutory Quirks, IAS_I-2700-001.

Neglect -- Abandonment, IAS_I-2701-005.

Neglect -- Allowing Older Boyfriend to Live In Household, IAS_I-2702-001.

Neglect -- Allowing Paramour Back Into House After Allegations of Sexual Abuse, IAS_I-2703-001.

Neglect -- Attack By Family Dog, IAS_I-2704-001.

Neglect -- Circuit Court Finding of Cannot Be Relitigated In §120.57 Proceeding, IAS_I-2705-001.

Neglect -- Defense Based On Poverty Discussed, IAS_I-2706-001.

Neglect -- Defined, IAS_I-2707-013.

Neglect -- Domestic Violence, IAS_I-2708-001.

Neglect -- Driving While Intoxicated With Child -- Wreck, IAS_I-2709-002.

Neglect -- Drug Abuse, IAS_I-2710-001.

Neglect -- Excessive Alcohol Consumption In Front of Children, IAS_I-2711-001.

Neglect -- Eight (8) Year Old Caring For Child, IAS_I-2712-001.

Neglect -- Excessive Alcohol Consumption In Front of Children, IAS_I-2713-001.

Neglect -- Excessive Use of Physical Restraining Device, IAS_I-2714-001.

Neglect -- Failure to Accept 15-Year-Old Back Into Home, IAS_I-2715-001.

Neglect -- Failure to Maintain Facility, IAS_I-2716-001.

Neglect -- Failure to Prevent Abuse By Father, IAS_I-2717-001.

Neglect -- Failure to Prevent Abuse By Paramour -- Maternal Prescience Not Required, IAS_I-2718-001.

Neglect -- Failure to Prevent Abuse By Paramour, IAS_I-2719-002.

Neglect -- Failure to Prevent Sexual Abuse, IAS_I-2720-005.

Neglect -- Failure to Properly Employ Restraints On Elderly Adult, IAS_I-2721-001.

Neglect -- Failure to Supervise Expressly Included In Statutory Definition of Harm, IAS_I-2722-001.

Neglect -- Failure to Supervise, IAS_I-2723-002.

Neglect -- Failure to Transfer Out of ACLF, IAS_I-2724-001.

Neglect -- Filthy Living Conditions, IAS_I-2725-003.

Neglect -- High-Speed Automobile Escape From Police With Children, IAS_I-2726-001.

Neglect -- Improper Placement, IAS_I-2727-001.

Neglect -- Inability to Parent -- Psychological Problems, IAS_I-2728-001.

Neglect -- Inadequate Food & Shelter, IAS_I-2729-002.

Neglect -- Inadequate Food, IAS_I-2730-001.

Neglect -- Inadequate Shelter, IAS_I-2731-002.

Neglect -- Inadequate Supervision -- §415.503(9)(c) Definition of Found to Be Constitutional, IAS_I-2732-001.

Neglect -- Inadequate Supervision, IAS_I-2733-030.

Neglect -- Leaving Children At Home Alone While At Work -- Farm Workers, IAS_I-2734-001.

Neglect -- Medical, IAS_I-2735-020.

Neglect -- Must Be Measured Against An Objective Standard, IAS_I-2736-001.

Neglect -- Poor Judgment Alone Does Not Constitute, IAS_I-2737-001.

Neglect -- Poor Judgment Distinguished From, IAS_I-2738-001.

Neglect -- Question of Fact, IAS_I-2739-003.

Neglect -- Refusal to Allow Rebellious Teenager Back Into Home, IAS_I-2740-001.

Neglect -- Res Ipsa Loquitur, IAS_I-2741-002.

Neglect -- Sexual Abuse By Stepparent, IAS_I-2742-001.

Neglect -- Single Act or Omission Can Be Sufficient, IAS_I-2743-001.

Neglect -- Sixteen (16) Year Old Caring For Child, IAS_I-2744-001.

Neglect -- Statutory Definition of Lambasted As Wholly Inadequate, IAS_I-2745-001.

Neglect -- Use of Cocaine, IAS_I-2746-001.

Neglect, IAS_I-2747-020.

Not Measured Against Local or State Professional Licensing Regulations, IAS_I-2748-001.

Physical Abuse -- Accidental -- May Nonetheless By Cognizable Under §415, IAS_I-2749-002.

Physical Abuse -- Accidental Injury Distinguished From, IAS_I-2750-001.

Physical Abuse -- Accidental Injury During Domestic Violence, IAS_I-2751-001.

Physical Abuse -- Bizarre Punishment, IAS_I-2752-002.

Physical Abuse -- Bruises, IAS_I-2753-001.

Physical Abuse -- DOAH Finding of Found to Lack Requisite Factual Support, IAS_I-2754-001.

Physical Abuse -- Disfigurement Defined, IAS_I-2755-004.

Physical Abuse -- Evidentiary Presumptions, IAS_I-2756-001.

Physical Abuse -- Excessive Corporal Punishment (See Excessive Corporal Punishment)

Physical Abuse -- Excessive Force Used to Restrain, IAS_I-2757-006.

Physical Abuse -- Failure to Properly Restrain Client, IAS_I-2758-001.

Physical Abuse -- Giving Birth to Child Addicted to Cocaine, IAS_I-2759-001.

Physical Abuse -- Injury Defined & Discussed, IAS_I-2760-002.

Physical Abuse -- Mere Exposure to Live Marijuana Plants, IAS_I-2761-001.

Physical Abuse -- Not Every Injury Constitutes Abuse, IAS_I-2762-001.

Physical Abuse -- Slapping Disabled Patient, IAS_I-2763-001.

Physical Abuse -- Smoking Marijuana Around Child, IAS_I-2764-002.

Physical Abuse -- Smoking Marijuana While Pregnant, IAS_I-2765-001.

Physical Abuse, IAS_I-2766-032.

Sexual Abuse -- Consent of Disabled Adult Found Immaterial, IAS_I-2767-001.

Sexual Abuse -- Consent of Minor Is Immaterial, IAS_I-2768-001.

Sexual Abuse -- Criminal Plea, IAS_I-2769-002.

Sexual Abuse -- Failure of Alleged Child/Victim to Testify At Hearing Found Not Properly Explained, IAS_I-2770-001.

Sexual Abuse -- Hugging & Kissing, IAS_I-2771-001.

Sexual Abuse -- Kissing On Lips or With Tongue, IAS_I-2772-001.

Sexual Abuse -- Nude Photographs Alone, IAS_I-2773-001.

Sexual Abuse -- Out-of-Court Statements By Child/Alleged Victim -- Availability Discussed, IAS_I-2774-001.

Sexual Abuse -- Out-of-Court Statements By Child/Alleged Victim -- Found Inadmissable, IAS_I-2775-001.

Sexual Abuse -- Out-of-Court Statements By Child/Alleged Victim Exhaustively Explored, IAS_I-2776-007.

Sexual Abuse -- Paramour, IAS_I-2777-002.

Sexual Abuse -- Playful Fondling Breasts Alone, IAS_I-2778-001.

Sexual Abuse -- Question of Fact, IAS_I-2779-004.

Sexual Abuse -- Recantation By Victim, IAS_I-2780-001.

Sexual Abuse -- Recantation of Previous Statements By Alleged Child/Victim At Hearing, IAS_I-2781-002.

Sexual Abuse -- Sexual Battery Need Not be Established, IAS_I-2782-001.

Sexual Abuse -- Victim's Prior History Found Not Relevant, IAS_I-2783-001.

Sexual Abuse, IAS_I-2784-061.

Single Act or Omission Alone Can Constitute, IAS_I-2785-002.

Threatened Harm -- Display of Firearm, IAS_I-2786-001.

Threatened Harm -- Involuntary Commitment After Acrimonious Episode, IAS_I-2787-001.

Threatened Harm -- Presence of Children While Paramour Steals, IAS_I-2788-001.

Violation of Employer Rules Can Be Germane, IAS_I-2789-001.

Aged Adult Care Worker --

Amendment or Expunction Denied -- Reversed, IAS_I-2790-001.

Amendment or Expunction Denied, IAS_I-2791-014.

Amendment or Expunction Granted, IAS_I-2792-022.

Caregiver Defined, IAS_I-2793-001.

Conduct Measured Against Community Standard of Care - Not Federal Regulations, IAS_I-2794-001.

Exemption From Disqualification Denied, IAS_I-2795-003.

Exploitation & Neglect Defined, IAS_I-2796-001.

Nursing Home Administrator Is Not a "Caregiver", IAS_I-2797-001.

Vicarious Liability of Administrator Discussed, IAS_I-2798-001.

Aged Adult Guardian --

Amendment or Expunction Granted, IAS_I-2799-001.

Aged Person Defined, IAS_I-2800-001.

Amendment of Report Important Even In Absence of Real World Significance, IAS_I-2801-001.

Amendment or Expunction Granted, IAS_I-2802-001.

Attorney -- Aged Adult Client --

Amendment or Expunction Granted, IAS_I-2803-001.

Aunt --

Amendment or Expunction Denied, IAS_I-2804-001.

Amendment or Expunction Granted, IAS_I-2805-002.

Caregiver Defined, IAS_I-2806-005.

Child Care Worker --

Allowing Runaway Child to Stay At Their Home, IAS_I-2807-001.

Amendment or Expunction Denied, IAS_I-2808-014.

Amendment or Expunction Granted, IAS_I-2809-009.

Report Closed Without Classification, IAS_I-2810-001.

Child Care Worker -- Mentally Handicapped --

Amendment or Expunction Granted, IAS_I-2811-001.

Child/Caretaker of Elderly Parent --

Amendment or Expunction Granted, IAS_I-2812-003.

Circuit Court (See Also Criminal Conviction, Criminal Plea, Facts Established)

Circuit Court Criminal Conviction By Jury -- Facts Cannot Be Relitigated, IAS_I-2813-001.

Circuit Court Dependency Order Reversed On Appeal --

HRS Cannot Rely On, IAS_I-2814-001.

Circuit Court Dependency Plans -- Violation of, IAS_I-2815-001.

Circuit Court Dependency Record May Be Used to Prove Neglect, IAS_I-2816-002.

Circuit Court Finding of Dependency By Stipulation Not Binding, IAS_I-2817-001.

Circuit Court Finding of Dependency Cannot Be Collaterally Attacked In §120.57 Proceeding, IAS_I-2818-002.

Circuit Court Finding of Dependency Found Binding, IAS_I-2819-011.

Circuit Court Finding of Dependency Found Not Binding, IAS_I-2820-003.

Circuit Court Finding of Dependency Not Necessarily Binding, IAS_I-2821-003.

Closed Report Without Classification --

Available For Incidents Predating the Statute Authorizing, IAS_I-2822-002.

Cannot Be Used As Vehicle For Denying a Hearing, IAS_I-2823-001.

Discussed, IAS_I-2824-052.

HRS Need Not Expunge Report If Cannot Prove It, IAS_I-2825-001.

Improper When DOAH Finds Factual Basis For Charges Lacking, IAS_I-2826-001.

May Be Utilized Even Though Conduct Occurred Prior to Statute Providing For, IAS_I-2827-001.

No §120 Right to Challenge, IAS_I-2828-002.

Veil of Confidentiality Found to Have Been Abused, IAS_I-2829-001.

Confidentiality Requirements, IAS_I-2830-003.

Confirmed Report --

Defined & Discussed, IAS_I-2831-018.

HRS Classification of Report As Against Nonparty, IAS_I-2832-001.

Ramifications of, IAS_I-2833-017.

Counselor --

Amendment or Expunction Denied, IAS_I-2834-001.

Amendment or Expunction Granted, IAS_I-2835-001.

Criminal Conviction In Parallel Case --

Short Jury Deliberation Found Probative, IAS_I-2836-001.

Criminal Conviction Pending DOAH Hearing -- DOAH Order to Show Cause, IAS_I-2837-001.

Criminal Plea In Parallel Case --

Cannot Be Used As Conclusive Proof of Underlying Facts, IAS_I-2838-001.

Facts Cannot Be Relitigated, IAS_I-2839-001.

Daughter -- Sexual Abuse, IAS_I-2840-001.

Default, IAS_I-2841-001.

Disabled Adult Care Worker --

Amendment or Expunction Denied, IAS_I-2842-006.

Amendment or Expunction Granted, IAS_I-2843-008.

Disabled Adult Defined, IAS_I-2844-001.

Exemption From Disqualification (See Also Central Abuse Registry; HEALTH CARE ADMINISTRATION, Agency For, JUVENILE JUSTICE, Dept. of) --

Applicant Has the Burden of Proof By Clear & Convincing Evidence, IAS_I-2845-010.

Applicant Has the Burden of Proof, IAS_I-2846-001.

Applicant's Burden of Proof Examined, IAS_I-2847-001.

Criminal Conviction -- Cocaine -- Possession, IAS_I-2848-001.

Criminal Conviction -- Cocaine -- Sale or Delivery, IAS_I-2849-001.

Criminal Conviction -- Specified Felony -- HRS Must Hold Exemption Hearing Nonetheless, IAS_I-2850-001.

Criminal Conviction Does Not Create Irrebuttable Presumption, IAS_I-2851-001.

Criminal History -- Alcoholism, IAS_I-2852-001.

Criminal Plea -- Child Abuse, IAS_I-2853-001.

Criminal Plea -- Cocaine -- Sale or Delivery, IAS_I-2854-001.

Criminal Plea -- Misdemeanor -- No Disqualification, IAS_I-2855-001.

Criminal Plea, IAS_I-2856-004.

Denied, IAS_I-2857-011.

Discussed, IAS_I-2858-001.

Domestic Violence, IAS_I-2859-001.

Drug Addiction, IAS_I-2860-001.

Fact That Past Misdeeds Did Not Involve Children Found Important, IAS_I-2861-001.

Granted, IAS_I-2862-002.

HRS Must Wait Three (3) Years, IAS_I-2863-001.

Maintenance Worker At Child Care Facility -- Sufficient Contact With Children to Require Exemption, IAS_I-2864-001.

Natural Child Adjudicated Dependent, IAS_I-2865-001.

Procedure For Obtaining, IAS_I-2866-001.

Proof of Entitlement to, IAS_I-2867-003.

Rehabilitation -- Attending Vocational School Alone, IAS_I-2868-001.

Rehabilitation -- Proof of -- Four (4) Months Too Short a Timeframe, IAS_I-2869-001.

Rehabilitation -- Proof of, IAS_I-2870-002.

Remorse Not Required, IAS_I-2871-001.

Requisite Burden of Proof, IAS_I-2872-003.

Statutory Framework Examined, IAS_I-2873-001.

Facts Established In Parallel Dependency Proceeding In Circuit Court May Not Be Relitigated (See Also Circuit Court), IAS_I-2874-005.

Facts Established In Parallel Proceeding In Juvenile Court May Not Be Relitigated, IAS_I-2875-001.

Failure of Respondent to Appear At Hearing, IAS_I-2876-003.

Family Friend --

Amendment Or Expunction Granted, IAS_I-2877-001.

Foster Parent --

Amendment or Expunction Denied, IAS_I-2878-007.

Amendment or Expunction Granted, IAS_I-2879-005.

Report Closed Without Classification, IAS_I-2880-001.

Friend --

Amendment or Expunction Granted, IAS_I-2881-001.

Godson/Friend --

Amendment or Expunction Granted, IAS_I-2882-001.

Grandparent --

Amendment or Expunction Denied, IAS_I-2883-004.

Amendment or Expunction Granted, IAS_I-2884-008.

HRS Action Affirmed In Per Curiam Opinion, IAS_I-2885-001.

HRS Attempt to Impose Strict Liability Under the Doctrine of Res Ipsa Loquitur Rejected, IAS_I-2886-001.

HRS Authority to Amend Report to Delete a Named Perpetrator, IAS_I-2887-001.

HRS Can Reach Out-of-State Misconduct, IAS_I-2888-001.

HRS Cannot Expunge As to Alleged Perpetrator Not Made a Party to the Proceeding, IAS_I-2889-001.

HRS Cannot Expunge Simply Because An Alleged Perpetrator Is Not Made a Party, IAS_I-2890-001.

HRS Denial of Request For Amendment or Expunction Affirmed, IAS_I-2891-001.

HRS Denial of Request For Amendment or Expunction Reversed, IAS_I-2892-001.

HRS Finds It Has Jurisdiction Over Out-of-State Incidents, IAS_I-2893-001.

HRS Finds It Is Not Strictly Bound By DOAH Finding of Insufficient Evidence, IAS_I-2894-003.

HRS Has Jurisdiction Over Out-of-State Residents, IAS_I-2895-001.

HRS Has the Burden of Proof --

Failure of Respondent to Appear At Hearing Does Not Relieve HRS of Its Burden of Proof, IAS_I-2896-001.

Failure of Respondent to Appear At Hearing Relieves HRS of Its Burden of Proof, IAS_I-2897-001.

Failure of Respondent to Testify As to Innocence Found Significant, IAS_I-2898-001.

Failure to Appear At Hearing Relieves HRS of Its Burden of Proof, IAS_I-2899-001.

Offering Abuse Report Alone Into Evidence Is Insufficient, IAS_I-2900-001.

HRS Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-2901-176.

HRS Has the Burden of Proof, IAS_I-2902-006.

HRS Investigative Report --

Discovery of In Tangential Civil Proceeding Exhaustively Explored, IAS_I-2903-001.

Found to Generally Give Adequate Notice of the Allegations, IAS_I-2904-001.

Is Competent Substantial Evidence, IAS_I-2905-002.

Is Competent, Substantial Evidence -- Technical Rules of Evidence Not Binding, IAS_I-2906-001.

Is Hearsay Evidence, IAS_I-2907-001.

Is Not Hearsay, IAS_I-2908-001.

HRS Need Not Expunge Report If Cannot Prove It, IAS_I-2909-001.

HRS Voluntary Dismissal Divests Respondent of Right to Hearing, IAS_I-2910-001.

HRS Will Not Expunge a Report Simply Because a Non-Party Is Also Named, IAS_I-2911-001.

Juvenile Detention Worker --

Amendment or Expunction Denied, IAS_I-2912-001.

Amendment or Expunction Granted, IAS_I-2913-005.

Legal Guardian --

§415 Applicable to In Role As Caregiver, IAS_I-2914-001.

Amendment or Expunction Granted, IAS_I-2915-001.

Member of Household --

Amendment or Expunction Granted, IAS_I-2916-001.

Neighbor --

Amendment or Expunction Denied, IAS_I-2917-001.

Amendment or Expunction Granted, IAS_I-2918-002.

Status As "Caregiver" Questioned, IAS_I-2919-001.

Out-of-Court Statements By Child (See Sexual Abuse)

Paramour --

Amendment or Expunction Denied, IAS_I-2920-004.

Amendment or Expunction Granted, IAS_I-2921-003.

Parent --

Amendment or Expunction Denied, IAS_I-2922-072.

Amendment or Expunction Granted, IAS_I-2923-053.

Duty to Report Abuse of Paramour, IAS_I-2924-001.

Report Closed Without Classification, IAS_I-2925-003.

Proposed Confirmed Report --

Defined & Discussed, IAS_I-2926-059.

Public School Employee --

Amendment Or Expunction Granted, IAS_I-2927-001.

Request for Hearing Denied --

After Previous Voluntary Dismissal, IAS_I-2928-001.

As Untimely, IAS_I-2929-002.

Collateral Estoppel -- Circuit Court Order of Dependency, IAS_I-2930-001.

Responsible Person --

Attorney For Elderly Client, IAS_I-2931-001.

Aunt of Male Teenager -- Sexual Contact, IAS_I-2932-001.

Defined, IAS_I-2933-013.

Grandparent, IAS_I-2934-001.

Long-Term Close Friend of Elderly Person, IAS_I-2935-001.

Member of Household, IAS_I-2936-001.

Neighbor (See Also Neighbor), IAS_I-2937-002.

Paramours, IAS_I-2938-001.

Spouse --

Amendment or Expunction Denied, IAS_I-2939-001.

Stepparent --

Amendment or Expunction Denied, IAS_I-2940-013.

Amendment or Expunction Granted, IAS_I-2941-012.

HRS Classification of Report As Proposed Confirmed Reversed, IAS_I-2942-001.

Report Closed Without Classification, IAS_I-2943-001.

Teacher --

Amendment or Expunction Denied, IAS_I-2944-004.

Amendment or Expunction Granted, IAS_I-2945-006.

Denial of Amendment or Expunction of Sexual Abuse Report Reversed, IAS_I-2946-001.

Test For Excessive Corporal Punishment, IAS_I-2947-001.

Teacher Aide --

Amendment or Expunction Granted, IAS_I-2948-001.

Teachers --

Amendment or Expunction Granted, IAS_I-2949-001.

Statutory Amendment Exempting From § 415 Found to Nullify Pending Cases, IAS_I-2950-003.

Time Limit For Contesting Report --

Extended -- Excusable Neglect, IAS_I-2951-001.

Failure to Timely Receive Final Order Found to Extend, IAS_I-2952-001.

Previous Voluntary Dismissal -- Request For Hearing Denied As Untimely, IAS_I-2953-001.

Request For Hearing Denied As Untimely, IAS_I-2954-002.

Untimely Request For Amendment or Expunction Denied, IAS_I-2955-001.

Uncle --

Amendment or Expunction Denied, IAS_I-2956-002.

Amendment or Expunction Granted, IAS_I-2957-001.

Unfounded Report --

Defined & Discussed, IAS_I-2958-046.

Ramifications of, IAS_I-2959-003.

Certificate of Need (CON) (See Also CERTIFICATE OF NEED (CON); HEALTH CARE ADMINISTRATION, Agency For) --

Grandfather Status -- Applicability of Estoppel, IAS_I-2960-001.

Hospital --

Neonatal Intensive Care -- Calculation of Pertinent Inventory, IAS_I-2961-001.

Need --

Rule Methodology -- Cannot Be Amended By Nonrule Policy, IAS_I-2962-001.

Nonrule Policy --

Cannot Be Utilized to Amend a Rule, IAS_I-2963-001.

Child -- Habitual Truant --

HRS Does Not Have Sole Authority to Initiate Proceeding Against a Child "In Need of Services", IAS_I-2964-001.

Child Custody --

Parental Rights --

Circuit Court Allows Sister to Take Child to Columbia, IAS_I-2965-001.

Circuit Court Dismissal of HRS Dependency Action Reversed, IAS_I-2966-001.

Right to An Attorney -- Notice of Found Deficient, IAS_I-2967-001.

Child Support --

Arrearages --

Circuit Court Failure to Award Reversed, IAS_I-2968-001.

Circuit Court Modification of Reversed, IAS_I-2969-001.

Dept. Enforcement Function -- Transfer to Dept. of Revenue Noted, IAS_I-2970-001.

Circuit Court Suit Seeking Money Damages From HRS -- Adult Congregate Living Facility Client Injured --

Sovereign Immunity Found to Bar Claim, IAS_I-2971-001.

Contract (See Also CONTRACTS (Bids/Protests)) --

Circuit Court Denial of HRS Motion to Dismiss Reversed, IAS_I-2972-001.

Dismissal of Protest As Untimely Reversed, IAS_I-2973-001.

Dispute Over Food Stamp Computer System --

Arbitration Provision In Contract Found Binding, IAS_I-2974-001.

Circuit Court Denial of HRS Motion to Dismiss Reversed, IAS_I-2975-001.

Lease of Office Space --

Appellate Motion For Stay Denied With Directions to Seek Stay Below, IAS_I-2976-001.

Dismissal of Bid Protest Reversed, IAS_I-2977-001.

Lease of Office Space, IAS_I-2978-001.

Private Agency --

Exclusion From Share In Federal Funding Reversed, IAS_I-2979-001.

Declaratory Statements (See DECLARATORY STATEMENTS)

Developmental Services --

Applicant Has Burden of Proof, IAS_I-2980-002.

Developmental Disabilities Discussed, IAS_I-2981-001.

Developmental Disability Defined, IAS_I-2982-001.

Developmental Services Defined, IAS_I-2983-001.

Petitioner Fails to Appear -- Denied, IAS_I-2984-001.

Retarded Adult -- Denied, IAS_I-2985-002.

Retarded Adult -- Granted, IAS_I-2986-001.

Use of Full-Scale Score Found Proper, IAS_I-2987-001.

Drug & Cosmetics Act --

Circuit Court Dismissal of Challenge to Investigatory Search & Seizure Reversed, IAS_I-2988-001.

Employee (See Also PUBLIC EMPLOYEES) --

§120.57 Challenge to Oral Reprimand Dismissed, IAS_I-2989-001.

Finding of Abandonment of Career Service Position Reversed, IAS_I-2990-001.

Layoff --

PERC Award of Backpay & Attorney's Fees Reversed, IAS_I-2991-001.

Layoff Due to Establishment of Competitive Area --

Bumping Rights, IAS_I-2992-002.

PERC Award of Attorney's Fees & Backpay Reversed, IAS_I-2993-001.

PERC Award of Attorney's Fees & Backpay Reversed, IAS_I-2994-001.

PERC Denial of Hearing On Challenge to Demotion of Probationary Employee Rejected, IAS_I-2995-001.

PERC Upholding of Discharge Reversed, IAS_I-2996-001.

Reimbursement of Personal Attorney's Fees In Conjunction With Grand Jury Testimony, IAS_I-2997-001.

Family Grant Program --

Denial of Eligibility Affirmed, IAS_I-2998-001.

Final Order (See Also PRACTICE & PROCEDURE) --

Court Decries "Frequent" Failure to Contain Sufficiently Detailed Findings, IAS_I-2999-001.

Food Stamps --

Available Resources Examined -- Dispute Over Value of Out-of-State Property, IAS_I-3000-001.

Available Resources Examined -- Trust Fund of Mother Found Unavailable --

Reversed, IAS_I-3001-001.

Denial of Reversed -- Appellant Ordered Treated As "Single", IAS_I-3002-001.

Denial of Reversed -- Income of Physically-Disabled Mother Found Improperly Combined With Live-In Daughter, IAS_I-3003-001.

Disqualification of Vendor -- Grocery -- Acceptance For Ineligible Items, IAS_I-3004-001.

Household -- Definition of Examined -- Separate Households Under One Roof, IAS_I-3005-001.

Overpayment --

Decrease In Household Composition, IAS_I-3006-001.

Increase In Household Income, IAS_I-3007-001.

Recoupment of Overpayment Affirmed, IAS_I-3008-001.

Social Security Disability Benefits Utilized to Satisfy Child Support Obligation Included In Income Calculation, IAS_I-3009-001.

HRS Rejection of DOAH Recommended Conclusions of Law Upheld, IAS_I-3010-001.

Health & Human Services Board --

Authorization of HRS to Release Various Confidential Records to Examined, IAS_I-3011-001.

Members Are State Officers For Purposes of Sovereign Immunity, IAS_I-3012-001.

Responsibilities of Examined, IAS_I-3013-001.

Human Rights Advocacy Committees --

Authority to Release Redacted Copies of Abuse Complaints, IAS_I-3014-001.

Statutory Intent Behind Creation of Examined, IAS_I-3015-001.

Involuntarily Committed Patient --

HRS Burden of Proof Examined, IAS_I-3016-001.

HRS Duty to Provide Treatment, IAS_I-3017-001.

Juvenile Commitment Facility --

Constitutional Challenge to Dept. Adjudication As a "Delinquent" Upheld, IAS_I-3018-001.

Laser Devices --

Statutory Authority to Regulate Examined, IAS_I-3019-001.

Legal Guardian --

Challenge to Fee Imposed On Accepted, IAS_I-3020-001.

Liability For Attorney's Fees & Costs Incurred By Guardian Ad Litem, IAS_I-3021-001.

License (See Also LICENSING) --

Adult Congregate Living Facility (See Also DECLARATORY STATEMENTS; HEALTH CARE ADMINISTRATION, Agency For) --

Restraints May Not Be Used, IAS_I-3022-001.

Adult Foster Care --

Sexual Harassment of Clients, IAS_I-3023-001.

Child Care Facility --

Distinction From A Nonpublic School Examined, IAS_I-3024-001.

Exemption From Rule Limiting Number of Children Denied, IAS_I-3025-001.

Failure to Perform Requisite Background Screening, IAS_I-3026-001.

Failure to Properly Supervise Children, IAS_I-3027-004.

Failure to Provide Basic & Enhanced Services, IAS_I-3028-001.

Failure to Provide Evidence of Financial Ability, IAS_I-3029-001.

Failure to Provide Requisite Notification of Incidents, IAS_I-3030-001.

Inadequate Staffing Ratios, IAS_I-3031-001.

Provisional License Cannot Be Extended or Renewed, IAS_I-3032-001.

Unsafe & Unsanitary Conditions, IAS_I-3033-001.

Emergency Medical Technician --

Renewal -- Late-Filed Application -- Denied, IAS_I-3034-001.

Food Service Establishment --

Renewal Denied, IAS_I-3035-001.

Unsafe & Unsanitary Conditions, IAS_I-3036-001.

Foster Home --

Challenge to Restriction On Placing Children Under Age 10 Rejected, IAS_I-3037-001.

Foster Home License Is Not a "Professional License" Subject to Strict Procedural Safeguards, IAS_I-3038-001.

Foster Parenting Discussed, IAS_I-3039-001.

HRS Authority to Grant "Child-Specific License" Questioned, IAS_I-3040-001.

Inherent Tension Between Various Rule Provisions Noted, IAS_I-3041-001.

Statutory Definition Examined, IAS_I-3042-001.

Foster Home -- Renewed --

Denied, IAS_I-3043-002.

Denied For Previous Violations, IAS_I-3044-002.

Inappropriate Discipline, IAS_I-3045-001.

Mistreatment of Children, IAS_I-3046-001.

Verbal Abuse of Children, IAS_I-3047-001.

Foster Parent --

Emergency Suspension, IAS_I-3048-001.

Exemption From Disqualification -- Three Year Requirement -- Denied, IAS_I-3049-001.

Failure to Notify HRS of Departure From County, IAS_I-3050-001.

Failure to Properly Supervise, IAS_I-3051-001.

Legislative Prerogative Regarding Qualifications Examined, IAS_I-3052-001.

Nolo Contendere Criminal Plea (Possession of Marijuana), IAS_I-3053-001.

Policy Disqualifying Unmarried Couples Struck Down, IAS_I-3054-001.

Sexual Abuse, IAS_I-3055-001.

Unacceptable Methods of Discipline, IAS_I-3056-001.

Foster Parent -- Renewal --

Denied, IAS_I-3057-001.

Fact That Conduct Does Not Offend §415 Is Immaterial, IAS_I-3058-001.

Failure to Properly Maintain Facility, IAS_I-3059-001.

Inadequate Supervision, IAS_I-3060-001.

Inappropriate Discipline, IAS_I-3061-001.

Verbal Abuse of Children, IAS_I-3062-001.

Hospital -- Certification As a State-Approved Pediatric Trauma Center --

HRS Not Bound to Literal Reading of Its Rules, IAS_I-3063-001.

HRS Rejects DOAH Conclusion That It Ignores Its Own Rules, IAS_I-3064-001.

Pertinent Statutes Surveyed, IAS_I-3065-001.

Third Party Competitor Claim of Inadequate Staffing, IAS_I-3066-001.

Septic Tank Contractor (See Also PERMITS, Septic Tank) --

Assault on Dept. Inspector, IAS_I-3067-001.

Failure to Call For Requisite Inspection, IAS_I-3068-002.

Failure to Comply With Applicable Regulations, IAS_I-3069-003.

Failure to Have Fictitious Name Authorized, IAS_I-3070-001.

Illegal Dumping of Septic Materials, IAS_I-3071-001.

Improper Disposal of Septage, IAS_I-3072-001.

Incompetence, IAS_I-3073-001.

Negligence, IAS_I-3074-001.

Operating Without Requisite License, IAS_I-3075-002.

Operating Without Requisite Permit, IAS_I-3076-003.

Repair Without Permit or Inspection, IAS_I-3077-001.

Revocation Normally Requires Repeated Violations, IAS_I-3078-001.

Sanitary Nuisance, IAS_I-3079-002.

Unacceptable Level of Care, IAS_I-3080-005.

Substance Abuse Treatment Center --

Challenge to Late-Filed Application Fee Denied, IAS_I-3081-001.

Licensure (See Also LICENSURE) --

Adoption Agency -- Director --

Education Requirements Lacking, IAS_I-3082-001.

Work Experience Requirements Lacking, IAS_I-3083-001.

Adult Congregate Living Facility (See Also DECLARATORY STATEMENTS) --

No Separate §419 Category For Facilities Serving HRS Clients, IAS_I-3084-001.

Child Care Facility --

Exemption From Rule Limiting Number of Children Denied, IAS_I-3085-001.

Child Care Worker --

Criminal Plea -- Disqualification, IAS_I-3086-001.

Emergency Shelter Home --

Convicted Felon Residing In Home, IAS_I-3087-001.

Foster Home --

Inability In Profession -- Renewal, IAS_I-3088-001.

Septic Tank Contractor --

Requisite Work Experience Found -- Out-of-State Experience, IAS_I-3089-001.

Local County Public Health Unit --

Authority of Dept. to Enter Into a Hold Harmless Agreement, IAS_I-3090-001.

Medicaid (See MEDICAID)

Medical Assistance Funds (See MEDICAID)

Permits (See Also PERMITS, Septic Tank) --

Community Public Water System --

Setback Between Lateral Well & Onsite Sewage Disposal System, IAS_I-3091-001.

Sewage Flow of Subdivision Utilized to Determine Setback From Well, IAS_I-3092-001.

Migrant Farm Worker Housing --

Excessive Occupancy Rates For Mobile Homes, IAS_I-3093-001.

Migrant Labor Camp --

Operating Without, IAS_I-3094-002.

Mobile Home/Recreational Vehicle Park -- Operating, IAS_I-3095-001.

Public Swimming Pool --

Automatic Feeder Disconnected, IAS_I-3096-001.

No Chlorine, IAS_I-3097-001.

pH Level Inadequate, IAS_I-3098-001.

Transcript of Hearing --

Circuit Court Order to Reproduce At No More Than Cost As a Public Record Affirmed, IAS_I-3099-001.

Mandatory Retirement Age For School Bus Drivers, IAS_I-3100-001.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

Action Brought Under Human Rights Act of 1977 Constitutes a Public Interest Case, IAS_I-3101-001.

Award of After Successful Parallel DOAH Rule Challenge Reversed, IAS_I-3102-001.

Use of Multiplier Examined & Found Proper, IAS_I-3103-001.

Backpay Awards --

Denial of For Lack of Proof At Hearing Upheld, IAS_I-3104-001.

Employment Discrimination --

Discriminatory Intent Is a Question of Fact, IAS_I-3105-001.

Disparate Treatment -- Respective Burdens of Proof, IAS_I-3106-001.

Employer Duty of Reasonable Accommodation Explored, IAS_I-3107-001.

Statistics Play An Important & Controversial Role, IAS_I-3108-001.

Executive Director --

Reasonable Cause Determinations --

Rule Delegation of Substantive Powers From Agency Head, IAS_I-3109-001.

Federal Caselaw Is Applicable, IAS_I-3110-002.

Federal Employment Discrimination Action -- Res Judicata Effect On Fla. Action --

Appellate Court Reverses Circuit Court Finding of Res Judicata Effect, IAS_I-3111-001.

Federal Statute Found Not to Preempt Fla. Human Rights Act of 1977, IAS_I-3112-001.

Jurisdiction --

Limited By Statute to Employment, Housing Or AIDS, IAS_I-3113-001.

Student Challenge to Classroom Grade -- Comm. Dismissal Affirmed, IAS_I-3114-001.

Nonfinal Order Rejecting DOAH Finding of No Discrimination --

Appellate Review Denied As Premature, IAS_I-3115-001.

Bifurcated Proceeding Found to Be Appropriate, IAS_I-3116-001.

Order On Remand: Weaver, IAS_I-3117-001.

Physical Handicap Discrimination --

Four (4) Part Test For, IAS_I-3118-001.

Unique Nature of These Cases Noted, IAS_I-3119-001.

Prima Facie Case --

Establishment & Effect of, IAS_I-3120-002.

Race Discrimination --

Black, IAS_I-3121-001.

Comm. Rejection of DOAH Finding of No Discrimination Reversed, IAS_I-3122-001.

Commission Rejection of DOAH Recommended Order Finding No Discrimination Reversed, IAS_I-3123-001.

Dept. Suspension Over Contrary DOAH Recommendation Reversed, IAS_I-3125-001.

Emergency Suspension, IAS_I-3126-001.

Grandfather License -- Dept. Denial Reversed, IAS_I-3127-001.

Restriction On Negotiation of Title Insurance Commissions --

Circuit Court Dismissal of Constitutional Challenge Reversed, IAS_I-3128-001.

Revocation of License --

Reversed In Part -- Statutory Provision Found Unconstitutionally Vague, IAS_I-3129-001.

Sale of Annuities At Bank --

§626.988(2) Does Not Apply to Agencies - Only Agents, IAS_I-3130-001.

Federal Regulatory Provisions Found Not Preemptive, IAS_I-3131-001.

Vicarious Liability of Supervising Agent --

Dept. Discipline For Upheld On Basis of Absence of Measures to Discourage Misconduct, IAS_I-3132-001.

Birth-Related Neurological Injury Compensation Plan (See ADMINISTRATIVE HEARINGS, Div. of)

Certificate of Authority (COA) -- Foreign Insurer --

Requirement That Particular Line Be Operated For Three Years Before Authorization to Operate In Fla., IAS_I-3133-001.

Satisfactorily Operated Language of §624.404(2) Defined & Discussed, IAS_I-3134-001.

Certificate of Authority (COA) -- Premium Finance Company --

Dept. Cannot Compel Production of Documents Not Within Licensee's Control, IAS_I-3135-001.

Dept. Cannot Utilize Disciplinary Statutes Pertinent to Insurers, IAS_I-3136-001.

Company --

Department Determination of Statutory Insolvency --

Authority of Company to Settle or Compromise Its Liabilities, IAS_I-3137-001.

Concurrent Jurisdiction of Circuit Court Explored, IAS_I-3138-001.

Exclusivity of Department Jurisdiction Dispelled, IAS_I-3139-001.

Surplus Notes -- Status of Examined, IAS_I-3140-001.

Liquidation of "Alien" Insurance Company ---

Improper If Insurer Is Not "Domestic" or Holds No "Trusted Assets" In Florida, IAS_I-3141-001.

Petition For Review of Nonfinal Order Regarding Subpoena Denied, IAS_I-3142-001.

Petition For Writ of Prohibition to Disqualify Agency Head Found Meritorious Yet Moot, IAS_I-3143-001.

Rate Review of Property Casualty Insurer --

A Finally Approved Rate Is Not "Forever" Approved, IAS_I-3144-001.

Dept. Finds Authority to Order A Decrease In "Excessive" Rates, IAS_I-3145-001.

Rehabilitation & Liquidation Act --

Circuit Court Order Lifting Automatic Stay Reversed, IAS_I-3146-001.

Statutory Moratorium On Cancellation of Property Casualty Policies --

Dept. Found to Have Failed to Establish Appropriate Exemption Mechanism, IAS_I-3147-001.

Objectively Defined Maximum Probable Loss Defined, IAS_I-3148-001.

Pertinent Statutes Examined, IAS_I-3149-001.

Comptroller (See COMPTROLLER)

Financial Institution Marketing of Annuities --

Annuities Found to Constitute An Investment Rather Than An Insurance Product, IAS_I-3150-001.

Fire Marshal --

Revocation of Firefighter Certification Upheld, IAS_I-3151-001.

Fla. Property & Casualty Joint Underwriting Assoc. (FPCJUA) --

Dept. Order That FPCJUA Provide Insurance For All Condiminiumus Regardless of Exhaustion of Voluntary Insurance Reversed, IAS_I-3152-001.

Fla. Hurricane Catastrophe Fund --

Constitutional Challenge to Rejected, IAS_I-3153-002.

Functional Equivalency to Reinsurance Examined, IAS_I-3154-001.

Statutory Framework Regarding Carefully Explored, IAS_I-3155-002.

Mechanics of Examined, IAS_I-3156-002.

Monies Collected Not Limited By Recent Constitutional Amendment Limiting Growth In State Revenue, IAS_I-3157-001.

Statutory Framework Carefully Examined, IAS_I-3158-001.

Florida Windstorm Underwriting Association --

Immediate Final Order Doubling Geographic Area Covered Reversed, IAS_I-3159-001.

Rate Filings By An Insurer --

Public Hearings On Discussed, IAS_I-3160-001.

Waiver of §259.041 Requirements, IAS_I-3161-001.

Bd. Is An Agency, IAS_I-3162-001.

Jurisdiction (See Also Sovereign Submerged Land) --

None To Issue Injunctions, IAS_I-3163-001.

None to Rewrite Legally Binding State Contracts --

Surety Bond As Condition Precedent For Oil & Gas Lease, IAS_I-3164-001.

Murphy Act Deed --

Road Right-of-Way Applies to All Parcels, IAS_I-3165-001.

Public Easement -- Private Impoundment of Springs --

Festering Local Controversy -- Public Access Rights -- Easement Denied, IAS_I-3166-001.

Rules of Subject to Challenge, IAS_I-3167-001.

Sovereign Submerged Land --

Consent of Use -- Applicant Has the Burden of Proof, IAS_I-3168-002.

Consent of Use -- Dock -- After-the-Fact, IAS_I-3169-003.

Consent of Use -- Dock -- John Pennekamp Park -- Denied, IAS_I-3170-001.

Consent of Use -- General -- No Third Party Challenge, IAS_I-3171-001.

Easement -- Provides No Riparian Rights, IAS_I-3172-001.

Eligibility For Necessary Environmental Permits Is Immaterial, IAS_I-3173-001.

Gas & Oil Offshore Drilling Lease --

Circuit Court Inverse Condemnation Suit --

Summary Judgment In Favor of State Reversed, IAS_I-3174-001.

Intervenor Challenge To Settlement of Civil Suit Over Monkey-Breeding Activities Dismissed, IAS_I-3175-001.

Intervenors -- Standing, IAS_I-3176-001.

Intervenors (See Also PRACTICE & PROCEDURE, Intervenors)

Jurisdiction --

Broadness of Examined, IAS_I-3177-001.

Common Law Basis of Examined, IAS_I-3178-001.

Deference to Exercise of Trustee's Discretion Examined, IAS_I-3179-001.

Lease -- Hydroelectric Power Plant -- Intervenor Protest Dismissed, IAS_I-3180-001.

Lease -- Made Contingent Upon County Approval Which Was Not Forthcoming, IAS_I-3181-001.

Lease -- Modification -- Condo Association -- Intervenor Protest Dismissed For Lack of Standing, IAS_I-3182-001.

Man-Made Canal Not Within Sovereign Title, IAS_I-3183-001.

Moratorium On Docks In John Pennekamp Park --

Consent of Use Predating Moratorium Not Precluded, IAS_I-3184-001.

Riparian Rights of Landowner Inferior to State Police Power, IAS_I-3185-002.

Role of Bd. Trustees Examined, IAS_I-3186-001.

Sublease -- Hydroelectric Power Plant -- Intervenor Protest -- 2059.

Appointed Instead of Elected Civil Service Board --

Court Reverses Due to Misleading Ballot Summary, IAS_I-3187-001.

City Civil Service Bd. Reverses Termination of City Employee --

Circuit Court Certiorari Reversal Reversed, IAS_I-3188-001.

Local Comprehensive Plan --

Circuit Court Ruling That It Is Null & Void As Applied to Appellants Reversed, IAS_I-3189-001.

Exemption From Disqualification From Employment In Position of Special Trust (See Also HEALTH CARE ADMINISTRATION, Agency For (AHCA); HRS, Dept. of --

Petition For Denied, IAS_I-3191-001.

Petitioner Failure to Appear At Hearing -- Petition Dismissed, IAS_I-3192-001.

Denial of Hearing Regarding Limitations On Buy-Back Reversed, IAS_I-3193-001.

Contract (See CONTRACTS (Bids/Protests))

Unemployment Compensation --

§120.57(1) Is Fully Applicable to Hearings

Attorney's Fees Pursuant to §57.111 Are Available, IAS_I-3194-001.

Workers' Compensation, Div. of (See Also RULES & RULEMAKING, Validity (§120.56), Adopted) --

DOAH Invalidation of Rule Regarding Reimbursement of Medical Care By Chiropractors & Others Reversed, IAS_I-3195-001.

Service Companies For Self-Insurance Funds --

Exclusively Investigating Role of the Division, IAS_I-3196-001.

Statutory Framework Governing Examined, IAS_I-3197-001.

Age Discrimination --

Discriminatory Comments Alone Are Insufficient, IAS_I-3199-001.

Disparate Impact Theory May Not Be Applicable to, IAS_I-3200-001.

Federal Law Examined, IAS_I-3201-001.

Four (4) Part Test For, IAS_I-3202-003.

Prohibition On Covers All Ages From Birth to Death, IAS_I-3203-005.

Three (3) Part Test For, IAS_I-3204-002.

Age Discrimination, IAS_I-3205-007.

Amendment of Complaint At Hearing Permitted, IAS_I-3206-001.

Answer --

Failure to Plead Affirmative Defense, IAS_I-3207-001.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

Awarded -- Remand to DOAH For Determination of Amount, IAS_I-3208-002.

Costs Found to Be Recoverable, IAS_I-3209-001.

Employer's Petition For Denied, IAS_I-3210-001.

Bankruptcy Filing -- Effect On Pending §760 Claim Examined, IAS_I-3211-001.

Burden of Proof (See Also Prima Facie Case; PRACTICE & PROCEDURE) --

Bona Fide Occupational Qualification (BFOQ) -- Employer, IAS_I-3212-002.

Direct & Circumstantial Evidence Discussed, IAS_I-3213-003.

Employee's Ultimate Burden of Proof Examined, IAS_I-3214-009.

Employer -- Merely Production -- Not Persuasion, IAS_I-3215-001.

Employer's Rebuttal Burden Is Light, IAS_I-3216-003.

Damages --

Additional §120.57 Proceeding to Determine Amounts, IAS_I-3217-001.

Back Pay Awards -- Unemployment Compensation Benefits Not Applied As An Offset, IAS_I-3218-001.

Front Pay Can Be Awarded, IAS_I-3219-001.

Prejudgment Interest at 12% Per Annum Awarded, IAS_I-3220-001.

Not Recoverable If the Subject of a Separate Civil Action, IAS_I-3221-001.

Employment Discrimination --

Bona Fide Occupational Qualification (BFOQ) Examined, IAS_I-3222-001.

Commission Is Not Restricted to a Particular Symptom of Discrimination Complained of, IAS_I-3223-001.

Contract Employees -- Status As An "Employee" Subject to §760 Protections Examined, IAS_I-3224-001.

Crude Comment By Coworkers Alone Does Not Constitute, IAS_I-3225-001.

Defined, IAS_I-3226-001.

Demotion -- Four (4) Part Test For Discrimination, IAS_I-3227-001.

Direct Evidence Defined & Discussed, IAS_I-3228-001.

Disparate Impact & Disparate Treatment Claims Distinguished, IAS_I-3229-002.

Disparate Treatment -- Claim Accepted By Comm. Over Contrary DOAH Recommendation, IAS_I-3230-001.

Disparate Treatment -- Respective Burdens of Proof, IAS_I-3231-003.

Employees Are Presumed Not to Unfairly Discriminate In a Business Setting, IAS_I-3232-001.

Employer Duty of Reasonable Accommodation Explored, IAS_I-3233-003.

Evidentiary Standards Discussed, IAS_I-3234-002.

Except For Religion Focus Is On Conditions An Individual Is Powerless to Alter, IAS_I-3235-001.

Failure to Hire -- Four (4) Part Test For, IAS_I-3236-001.

Failure to Hire or Promote -- Token Minority Finalist Not Probative, IAS_I-3237-001.

Failure to Promote -- Three (3) Part Test For, IAS_I-3238-001.

Hostile Work Environment -- Test For, IAS_I-3239-001.

Insubordination --

Legitimate Basis For Discharge, IAS_I-3240-001.

May Not Be Tolerated In a Discriminatory Fashion, IAS_I-3241-001.

Intervention of Coworker Denied, IAS_I-3242-001.

Numerosity Requirement (15 or More Employees) -- Effect of Periodic Failure to Satisfy, IAS_I-3243-001.

Numerosity Requirement (15 or More Employees) Essential to Comm. Jurisdiction, IAS_I-3244-002.

Parallel PERC Proceeding -- Collateral Estoppel, IAS_I-3245-001.

Refusal to Hire (See Failure to Hire)

Requirement to Speak English Does Not Constitute, IAS_I-3246-001.

Suspension Without Pay Not Remedied Pursuant to §760, IAS_I-3247-001.

Termination -- Four (4) Part Test For Prima Facie Case, IAS_I-3248-001.

Three (3) Part Test For, IAS_I-3249-001.

Fact Findings -- Recommended (See Also PRACTICE & PROCEDURE, DOAH) --

Exceptions to -- Untimely -- Considered, IAS_I-3250-001.

Failure to Appear At Hearing -- Respondent, IAS_I-3251-001.

Failure to Appear At Hearing Results In Dismissal, IAS_I-3252-003.

Fair Housing Law --

Race Discrimination --

Association of White With Blacks, IAS_I-3253-001.

Racially Derogatory Comments Alone Are Not Actionable, IAS_I-3254-001.

Race Discrimination, IAS_I-3255-002.

Federal Caselaw Is Applicable, IAS_I-3256-046.

Federal Civil Rights Act -- 1991 Amendment to Noted, IAS_I-3257-001.

Federal Employment Discrimination Action -- District Court --

Res Judicata Effect On Fla. Action --

Appellate Court Reverses Circuit Court Finding of Res Judicata Effect, IAS_I-3258-001.

Florida Act -- 1992 Amendment to Noted, IAS_I-3259-001.

Florida Act Is Applicable to Governmental Employers, IAS_I-3260-001.

Jurisdiction --

Comm. Has Jurisdiction Over State of Fla. Professional Licensing Boards, IAS_I-3261-002.

Marital Status Discrimination --

Actions of Spouse, IAS_I-3262-002.

Defined & Discussed, IAS_I-3263-003.

Identity of Spouse, IAS_I-3264-001.

Marital Status Defined, IAS_I-3265-001.

Single, IAS_I-3266-001.

Marital Status Discrimination, IAS_I-3267-002.

National Origin Discrimination --

Cuban, IAS_I-3268-001.

Dominican Republic, IAS_I-3269-001.

England, IAS_I-3270-001.

Finlandian, IAS_I-3271-001.

Haitian, IAS_I-3272-001.

Hispanic, IAS_I-3273-001.

Mexican/Spanish/Cuban, IAS_I-3274-001.

Nigerian, IAS_I-3275-001.

Puerto Rican, IAS_I-3276-001.

Tunisian, IAS_I-3277-001.

Virgin Islands, IAS_I-3278-001.

Physical Handicap Discrimination --

Alcoholism, IAS_I-3279-002.

Arm -- Missing, IAS_I-3280-001.

Artificial Knee, IAS_I-3281-001.

Asthma, IAS_I-3282-001.

Back -- Lifting Limitations, IAS_I-3283-001.

Back Injury, IAS_I-3284-007.

Back Surgery, IAS_I-3285-001.

Bladder Cancer, IAS_I-3286-001.

Blindness, IAS_I-3287-001.

Cervical Spondylosis, IAS_I-3288-001.

Chronic Fatigue Syndrome, IAS_I-3289-001.

Color Vision Perception Deficiency, IAS_I-3290-001.

Defined -- Federal Definition Found Controlling, IAS_I-3291-001.

Defined -- Federal Definition Is Not Controlling, IAS_I-3292-002.

Defined -- Reference to Commission Precedent, IAS_I-3293-001.

Defined, IAS_I-3294-005.

Diabetes, IAS_I-3295-002.

Employee's Duty to Request Accommodation Examined, IAS_I-3296-001.

Epilepsy, IAS_I-3297-001.

Four (4) Part Test For, IAS_I-3298-003.

HIV Positive, IAS_I-3299-003.

Head Injuries, IAS_I-3300-001.

Heart Attack, IAS_I-3301-001.

Heart Disease, IAS_I-3302-001.

High Blood Pressure, IAS_I-3303-001.

Hypertension, IAS_I-3304-001.

Kidney Disease, IAS_I-3305-001.

Knee Injury (See Also Artificial Knee), IAS_I-3306-001.

Lung Abscess, IAS_I-3307-001.

Lung Cancer, IAS_I-3308-001.

Medical Documentation of a Physical Handicap Is Not Needed In Every Instance, IAS_I-3309-001.

Mental -- Depression, IAS_I-3310-001.

Mental -- Dyslexia, IAS_I-3311-002.

Mental -- Illness, IAS_I-3312-001.

Mental -- Learning Disability, IAS_I-3313-001.

Mood Adjustment Disorder, IAS_I-3314-001.

Multiple Sclerosis, IAS_I-3315-001.

Obesity -- Need Not Be Physiological In Origin, IAS_I-3316-001.

Orthopedic Condition, IAS_I-3317-001.

Psoriasis, IAS_I-3318-001.

Role of DOAH Hearing Officer In Determining, IAS_I-3319-001.

Seizure, IAS_I-3320-001.

Speech Impediment Found to Constitute Over Contrary DOAH Conclusion, IAS_I-3321-001.

Summary Dismissal of Handicapped Person Who Cannot Do Their Job, IAS_I-3322-001.

Surgery, IAS_I-3323-001.

Three (3) Part Test For Establishment of Prima Facie Case, IAS_I-3324-001.

Three (3) Part Test For, IAS_I-3325-003.

Wrist Impairment, IAS_I-3326-001.

Physical Handicap Discrimination, IAS_I-3327-001.

Prima Facie Case (See Also Burden of Proof) --

Employer's Rebuttal Burden Is Exceedingly Light, IAS_I-3328-003.

Establishment & Effect of, IAS_I-3329-092.

Establishment of Is a Factual Issue, IAS_I-3330-001.

Minimal Qualifications For Employment Sufficient, IAS_I-3331-001.

Race Discrimination --

American Indian, IAS_I-3332-001.

Black, IAS_I-3333-047.

Four (4) Part Test For, IAS_I-3334-002.

Requisite Proof of Examined, IAS_I-3335-001.

Three (3) Part Test For, IAS_I-3336-002.

White, IAS_I-3337-002.

Race Discrimination, IAS_I-3338-005.

Religion Discrimination --

Florida Law Found to Narrow Federal Prohibition On, IAS_I-3339-001.

Not Working On Saturday, IAS_I-3340-001.

Orthodox Jew, IAS_I-3341-001.

Three (3) Part Test For, IAS_I-3342-002.

Retaliatory Action Discrimination --

Florida Law Found to Narrow Federal Prohibition On, IAS_I-3343-001.

Three (3) Part Test For, IAS_I-3344-004.

Unrelated to Outcome of Underlying Action, IAS_I-3345-001.

Retaliatory Action Discrimination, IAS_I-3346-020.

Sex Discrimination --

Female, IAS_I-3347-014.

Four (4) Part Test For, IAS_I-3348-001.

Harassment -- Requisite Severity Before §760 Applies Examined, IAS_I-3349-001.

Harassment, IAS_I-3350-001.

Male, IAS_I-3351-009.

Pregnancy, IAS_I-3352-004.

Sex Discrimination, IAS_I-3353-001.

Time Limit For Filing of Complaint --

Circumstances of Multiple Plaintiff Non-Class Action Suit, IAS_I-3354-001.

Complaint Dismissed As Untimely, IAS_I-3355-001.

Discussed, IAS_I-3356-002.

Found to Be Merely a Limitation Period Subject to Waiver, IAS_I-3357-001.

Is Not Jurisdictional, IAS_I-3358-001.

Request to Continue Nonconforming Use -- Denial -- Circuit Court Reverses -- Certiorari Denied, IAS_I-3359-001.

Applicant Entitled to Specification of Changes That Would Satisfy Comm., IAS_I-3360-002.

Burden of Proof (See Also PRACTICE & PROCEDURE) --

Applicant Does Not Have Burden of Proof -- Supreme Court Ruling --

Dept. of Community Affairs Appeal of Local Government Order, IAS_I-3361-001.

Applicant Has Burden of Proof, IAS_I-3362-003.

On Applicant to Prove Compliance With Local Land Development Regulations, IAS_I-3363-002.

On Dept. of Community Affairs If the Movant, IAS_I-3364-001.

On Petitioner, IAS_I-3365-001.

Pendency of Appeal to Supreme Court On Issue Regarding Acknowledged, IAS_I-3366-001.

De Novo Proceeding, IAS_I-3367-005.

Development Order (See Also COUNTY GOVERNMENT) --

Defined, IAS_I-3368-001.

Extension of Construction Deadline Constitutes, IAS_I-3369-001.

Intervenor Challenges Pursuant to §380.07(2) (See Also PRACTICE & PROCEDURE, Intervenors) --

Burden of Proof Discussed, IAS_I-3370-001.

Forty-Five (45) Day Time Limit Is Jurisdictional, IAS_I-3371-001.

Leave to Amend Defective Petition Liberally Granted, IAS_I-3372-001.

Standing -- Found Lacking, IAS_I-3373-001.

Standing -- Property Owners -- Requisite Impacts Explored, IAS_I-3374-001.

Jurisdiction --

Balancing of Private Property Rights & Public Interest Discussed, IAS_I-3375-002.

Limited to Ascertaining Consistency of Decision Below With §373, IAS_I-3376-001.

None to Consider Constitutional Questions, IAS_I-3377-001.

None to Reconsider DOAH Evidentiary Ruling, IAS_I-3378-001.

Legal Use Cannot Be Denied On the Basis of Possible Violations of Permit Conditions, IAS_I-3379-001.

Legislative History of §380.07 Examined, IAS_I-3380-001.

Monroe County School Board's Development Found to Be Subject to Comm. Jurisdiction, IAS_I-3381-001.

Shifted Review of Local Zoning Decisions to the Commission From Certiorari Circuit Court Review, IAS_I-3382-001.

State Agency Construction of Local Ordinance Entitled to No Special Deference, IAS_I-3383-003.

There Is No Legislative Intent to Limit Local Ordinance --

§380 Merely Supplies "Additional Procedures", IAS_I-3384-001.

Home Rule Local Powers Discussed, IAS_I-3385-001.

Area of Critical State Concern (See Also AREA OF CRITICAL STATE CONCERN) --

Dept. of Community Affairs' Jurisdiction to Appeal Development Orders, IAS_I-3386-001.

Area of Critical State Concern, IAS_I-3387-004.

Challenge to East Central Florida Regional Planning Council Grant of Development Order, IAS_I-3388-001.

Challenge to Franklin County Development Order Allowing Residential Subdivision On Commercial Parcel On St. George's Island, IAS_I-3389-001.

Challenge to Monroe County Development Order Allowing Shopping Center In Tropical Hammock, IAS_I-3390-001.

Challenge to Monroe County Grant of Fence Permit For Big Pine Key, IAS_I-3391-002.

Challenge to Monroe County Grant of Permit For Construction of a Dock, IAS_I-3392-001.

Challenge to Monroe County Grant of Permit For Private Residential Boat Ramp, IAS_I-3393-001.

Challenge to Monroe County Land Clearing Permits -- Remand From Supreme Court -- Young, et al., IAS_I-3394-001.

Challenge to Polk County Development Order Permitting Campground In Green Swamp Area, IAS_I-3395-001.

Challenge to South Florida Water Management Dist. Grant of Surface Water Management Permit For Navy Housing In Key West, IAS_I-3396-001.

Challenge to St. Johns River Water Management Dist. Grant of Permit For Sand Mine Near Residential Low Lakes, IAS_I-3397-001.

Challenge to St. Johns River Water Management Dist. Grant of Surface Water Management Permit For Golf Course, IAS_I-3398-001.

Challenge to Wakulla County Amendment of Comprehensive Plan, IAS_I-3399-001.

Challenge to Walton County Amended Development Order, IAS_I-3400-001.

Challenge to Walton County Extension of Termination Date of DRI Development Order (See Also COUNTY GOVERNMENT, Development Order), IAS_I-3401-001.

Permit --

Challenge to Monroe County Grant of Permit For Construction of Swimming Pier, IAS_I-3402-001.

Challenge to Monroe County Grant of Permit For Construction of Vertical Bulkhead & Dock, IAS_I-3403-001.

Challenge to Monroe County Grant of Permit For Land Clearing, IAS_I-3404-001.

Challenge to Monroe County Grant of Permit For Resource Extraction Activity -- No Name Key, IAS_I-3405-001.

Surface Water Management System -- Residential Development & Golf Course -- St. Johns River Water Management Dist. -- Intervenor Protest, IAS_I-3406-001.

Duty to Public As Well As Client Examined, IAS_I-3407-001.

Importance of Minimum Technical Standards Examined, IAS_I-3408-001.

Building --

Circuit Court Writ of Mandamus Compelling Issuance of Reversed, IAS_I-3409-001.

Proviso Language Must Rationally Relate to the Purpose of the Pertinent Legislation, IAS_I-3410-001.

Circuit Court Denial of Claim For Interest Reversed, IAS_I-3411-001.

Petroleum Pipeline & Related Storage Facility --

Dept. of Community Affairs Finds DRI Review Not Required -- Affirmed, IAS_I-3412-001.

Vested Rights Determination --

Circuit Court Refusal to Review By Certiorari Reversed, IAS_I-3413-001.

Acceptance of Fees Without Requisite Written Agreement, IAS_I-3415-001.

Administering Insufficient Training, IAS_I-3416-001.

Advertising --

False & Misleading, IAS_I-3417-007.

Aiding & Abetting Unlicensed Personnel (See Also Improper Delegation to Unlicensed Personnel), IAS_I-3418-008.

Controlled Substances --

Dispensing --

Failure to Dispense Generic Equivalent, IAS_I-3419-001.

Expired Inventory, IAS_I-3420-001.

Failure to Have Current D.E.A. Registration, IAS_I-3421-001.

Failure to Keep Requisite Written Records, IAS_I-3422-001.

Failure to Properly Maintain & Dispense, IAS_I-3423-001.

Improper Possession of, IAS_I-3424-001.

Inappropriate or Excessive Prescriptions, IAS_I-3425-005.

Misbranded Drugs In Inventory, IAS_I-3426-001.

Need For Scientific Proof of Composition of Discussed, IAS_I-3427-001.

Prescription Other Than In Course of Practice, IAS_I-3428-015.

Prescription Other Than In Course of Practice --

Provide Patient Records Upon Request, IAS_I-3429-001.

Self-Medication, IAS_I-3430-003.

Unapproved Drugs In Inventory, IAS_I-3431-001.

Creating a Potential Lien Against Applicant's Property Without Authorization, IAS_I-3432-001.

Criminal Charge -- Assault & Battery, IAS_I-3433-001.

Criminal Conviction, IAS_I-3434-006.

Criminal Plea -- Double Jeopardy (See CONSTITUTION (Fla.))

Criminal Plea, IAS_I-3435-010.

Demanding Payment of Fees Prior to Obtaining a Commitment, IAS_I-3436-001.

Diversion of Trust Funds to Personal Use, IAS_I-3437-001.

Excessive Corporal Punishment, IAS_I-3438-001.

Exploiting Clients For Financial Gain, IAS_I-3439-001.

Exploiting Patients For Financial Gain, IAS_I-3440-011.

Exploiting Patients For Personal Gain, IAS_I-3441-002.

Failure to --

Accept HRS Supervision, IAS_I-3442-001.

Account For & Deliver Trust Funds, IAS_I-3443-003.

Adequately Supervise Subordinate Personnel, IAS_I-3444-002.

Apprise Customers of Status of Loan, IAS_I-3445-001.

Appropriately Conduct & Maintain Control of An Auction, IAS_I-3446-001.

Arrange For Requisite Visits of Family Members, IAS_I-3447-001.

Certify Completion of Internship, IAS_I-3448-001.

Close Loans In a Timely Manner, IAS_I-3449-001.

Close Loans Within Promised Time Period, IAS_I-3450-001.

Cooperate With Administrative Investigation, IAS_I-3451-002.

Correct Deficiencies, IAS_I-3452-005.

Diagnose and Treat Conditions, IAS_I-3453-001.

Discharge Fiduciary Duty, IAS_I-3454-001.

Disclose Financial Interest -- Referral, IAS_I-3455-001.

Disclose Religious Affiliation In Advertising, IAS_I-3456-001.

Document Deficiencies In Residents' Health, IAS_I-3457-001.

Document Staff As Free From Communicable Disease, IAS_I-3458-001.

File Requisite Report, IAS_I-3459-002.

Give Requisite Notice, IAS_I-3460-001.

Have Proper Disaster Preparedness Plan, IAS_I-3461-001.

Inform HRS of Changes In Foster Family, IAS_I-3462-001.

Inform HRS of Medical & Dental Treatment of Foster Children, IAS_I-3463-001.

Keep Current Address On File With Dept., IAS_I-3464-001.

Keep Financial Records Available For Review, IAS_I-3465-001.

Keep Requisite Records of Daily Medications, IAS_I-3466-001.

Keep Requisite Written Records -- Records Must Be Kept At Facility, IAS_I-3467-001.

Keep Requisite Written Records, IAS_I-3468-053.

Maintain Required Net Worth, IAS_I-3469-001.

Maintain Requisite Supply of Non-Perishable Food, IAS_I-3470-003.

Maintain Sanitation Inspection Reports, IAS_I-3471-001.

Make Provisions For Preserving & Strengthening Family Ties, IAS_I-3472-001.

Make Requisite Refund, IAS_I-3473-001.

Make Requisite Written Disclosure, IAS_I-3474-001.

Notify Div. of Bankruptcy Filing, IAS_I-3475-001.

Obtain Informed Consent, IAS_I-3476-003.

Perform Statutory or Legal Obligation, IAS_I-3477-003.

Plan Visits With Foster Child's Natural Family, IAS_I-3478-001.

Post License, IAS_I-3479-001.

Post Requisite Notice That Malpractice Insurance Is Not Carried, IAS_I-3480-001.

Prepare & Serve Therapeutic Meals, IAS_I-3481-001.

Prepare Foster Child to Leave, IAS_I-3482-001.

Prepare Requisite Placement Plans, IAS_I-3483-001.

Present Positive Image of Foster Child's Natural Family, IAS_I-3484-001.

Properly Associate With Broker, IAS_I-3485-001.

Properly Dispense & Store Prescription Drugs, IAS_I-3486-001.

Properly Label Nonprescription Drugs, IAS_I-3487-001.

Properly Maintain Facility, IAS_I-3488-001.

Properly Supervise Children, IAS_I-3489-002.

Provide Appropriate Level of Instruction, IAS_I-3490-001.

Provide Client Requisite Statement, IAS_I-3491-001.

Provide Opportunity For Growth, Development & Religious Choice, IAS_I-3492-001.

Provide Patient Records Upon Request (See Patient Records)

Provide Radon Testing, IAS_I-3493-001.

Provide Requisite Contract, IAS_I-3494-001.

Provide Requisite I.D. Card & Uniform, IAS_I-3495-001.

Provide Requisite Instruction, IAS_I-3496-001.

Provide Requisite Physical Exams, IAS_I-3497-001.

Report Known Violations of Another, IAS_I-3498-002.

Report Out-of-State Discipline, IAS_I-3499-001.

Report Termination of Licensed Personnel, IAS_I-3500-001.

Return Loan Discount Fee, IAS_I-3501-001.

Train Staff In Infection Control Procedures, IAS_I-3502-001.

Uphold Residents' Bill of Rights, IAS_I-3503-001.

False Certification of Completion of Required Training, IAS_I-3504-001.

False Statements On Employment Application, IAS_I-3505-001.

False Statements On Licensure Application, IAS_I-3506-006.

False Statements (See Also Filing a False Report)

Fee-Split Arrangement, IAS_I-3507-001.

Filing a False Report (See False Statements), IAS_I-3508-006.

Fraudulent Conduct, IAS_I-3509-023.

Gross or Repeated Malpractice, IAS_I-3510-035.

HRS Abuse Report Confirmed, IAS_I-3511-001.

Impersonating a Police Officer, IAS_I-3512-004.

Improper Delegation to Unlicensed Personnel (See Also Aiding & Abetting Unlicensed Personnel), IAS_I-3513-004.

Improper Kickback For Referral of Patients, IAS_I-3514-001.

Improper Use of Force, IAS_I-3515-001.

Inability In Profession (See Also Incompetence) --

Alcoholism, IAS_I-3516-002.

Anxiety Disorder, IAS_I-3517-001.

Controlled Substance Abuse, IAS_I-3518-003.

Dementia & Memory Loss, IAS_I-3519-001.

Psychological Problems, IAS_I-3520-001.

Inactive License Is Nonetheless a License, IAS_I-3521-002.

Inadequate Meal Plan, IAS_I-3522-001.

Inappropriate & Excessive Fees, IAS_I-3523-001.

Incompetence (See Also Inability In Profession)

Incompetence, IAS_I-3524-003.

Lack of Fitness & Trustworthiness, IAS_I-3525-001.

Lack of the Ability to Operate In Conformity With HRS Policies, IAS_I-3526-001.

Local Action Against License, IAS_I-3527-001.

Misappropriation of Resident Funds, IAS_I-3528-001.

Misconduct In Regulated Activities 758-762, IAS_I-3529-001.

Moratorium On Expansion By Licensee, IAS_I-3530-001.

Negligence, IAS_I-3531-010.

Operating Beyond Scope of Ability, IAS_I-3532-001.

Operating Outside Scope of License, IAS_I-3533-006.

Operating With Expired License, IAS_I-3534-002.

Operating Without Requisite Bond, IAS_I-3535-001.

Operating Without Requisite Supervision, IAS_I-3536-001.

Operating Without a License, IAS_I-3537-014.

Out-of-State Discipline --

Appeal From, IAS_I-3538-001.

Criminal Plea, IAS_I-3539-001.

Lesser Burden of Proof Is Immaterial, IAS_I-3540-001.

Pending Appellate Review Is Immaterial, IAS_I-3541-001.

Out-of-State Discipline, IAS_I-3542-004.

Patient Records --

Failure to Provide Upon Request, IAS_I-3543-004.

Failure to Release In a Timely Manner, IAS_I-3544-001.

Release to Unauthorized Persons, IAS_I-3545-001.

Reinstatement --

Petition For Denied, IAS_I-3546-001.

Subsequent to Voluntary Relinquishment -- Denied, IAS_I-3547-001.

Relocation of Practice --

Failure to Notify Board, IAS_I-3548-001.

Failure to Properly Advertise, IAS_I-3549-001.

Improper Notification to Patient, IAS_I-3550-001.

Renewal --

Denial -- Burden of Proof --

Conflict In Law On Subject, IAS_I-3551-001.

Preponderance of the Evidence, IAS_I-3552-001.

Same As For Revocation, IAS_I-3553-004.

Denial -- Burden of Proof, IAS_I-3554-001.

Denial Cannot Be Utilized As Substitute For License Revocation Proceeding, IAS_I-3555-002.

Denial On the Basis of Previous Violations, IAS_I-3556-001.

Denial, IAS_I-3557-002.

Failure to Pay Previously Imposed Fines, IAS_I-3558-001.

Inadvertent "In Error", IAS_I-3559-001.

Late-Filed Application For, IAS_I-3560-001.

Revocation Proceeding Initiated Immediately Prior to Renewal, IAS_I-3561-001.

Sexual Misconduct, IAS_I-3562-020.

Tax Protestor -- Federal Personal Income Tax, IAS_I-3563-001.

Unacceptable Level of Care, IAS_I-3564-074.

Unprofessional Conduct, IAS_I-3565-004.

Unsafe & Unsanitary Conditions, IAS_I-3566-004.

Violation of --

Board Order, IAS_I-3567-006.

Probation, IAS_I-3568-004.

Rule, IAS_I-3569-007.

Willful Disregard of Local Code, IAS_I-3570-001.

Agency Denial of Otherwise Qualified Applicant Requires Clear & Convincing Evidence, IAS_I-3571-004.

Applicant Need Not Disprove Allegations of An Agency, IAS_I-3572-001.

By a Preponderance of the Evidence, IAS_I-3573-013.

Examined, IAS_I-3574-002.

Licensure Proceeding Is Not Penal -- Preponderance of Evidence Standard Found Applicable In Landmark Supreme Court Decision, IAS_I-3575-001.

Licensure Proceeding Is Not Penal, IAS_I-3576-001.

Applicant Has Burden of Proof, IAS_I-3577-015.

Application --

Agency Action Cannot Be Delegated to Appointed Committee, IAS_I-3578-001.

Commission of Act of Violence Against Another, IAS_I-3579-002.

Criminal Charges, Conviction, Plea (See Also DISCIPLINE)

Criminal Charges --

Criminal History Expungement -- Duty of Applicant to Disclose, IAS_I-3580-001.

Criminal Charges, IAS_I-3581-002.

Criminal Conviction --

Applicant's Self-Serving Testimony Alone Is Insufficient to Overcome Disqualification, IAS_I-3582-001.

Burden of Proof to Overcome Disqualification, IAS_I-3583-001.

Date of Criminal Conviction Need Not Be Established, IAS_I-3584-001.

Lack of Evidence of Mitigating Circumstances, IAS_I-3585-001.

Licensure By Other State Agency Is Immaterial, IAS_I-3586-001.

Criminal Conviction, IAS_I-3587-003.

Criminal Plea -- (See Also DISCIPLINE)

Adjudication of Guilt Is Not Conclusive Proof of Underlying Facts, IAS_I-3588-001.

Does Not Constitute An "Admission" Per Se & Is Not "Direct Evidence" of Guilt, IAS_I-3589-001.

Expungement -- Duty to Report Nonetheless, IAS_I-3590-001.

Guilty Plea, IAS_I-3591-001.

Moral Turpitude -- Delivery Vis Possession of Controlled Substances, IAS_I-3592-001.

Moral Turpitude Defined, IAS_I-3593-001.

Not Conclusive Proof of Underlying Facts, IAS_I-3594-002.

Requisite Educational Requirements Found Lacking -- Foreign Student, IAS_I-3595-001.

Witness Tampering In Medical Malpractice Case, IAS_I-3596-001.

Criminal Plea, IAS_I-3597-004.

Default Licensure (See PRACTICE & PROCEDURE, Default)

Denial With Prejudice Reversed, IAS_I-3598-001.

Evidence In Support of --

Competent Substantial Evidence Is Less In This Context Than For Revocation Proceeding, IAS_I-3599-001.

Expert Testimony With Financial Interest Alone Can Be Sufficient, IAS_I-3600-001.

Failure to --

Account For & Deliver Trust Funds, IAS_I-3601-001.

Meet Life Safety Standards, IAS_I-3602-001.

Meet Local Zoning Requirements, IAS_I-3603-001.

False or Misleading Information --

Alone a Basis For Denial, IAS_I-3604-001.

Intent Found to Be a Requisite Element of This Charge, IAS_I-3605-001.

Questions Regarding Criminal Past Found Poorly Drafted, IAS_I-3606-001.

Raises Character Issue -- Detrimental Reliance By State Not Necessary For Denial, IAS_I-3607-001.

Requisite Intent, IAS_I-3608-001.

False or Misleading Information, IAS_I-3609-013.

Filing a False Report, IAS_I-3610-001.

Fraudulent Conduct, IAS_I-3611-003.

Gross Immorality, IAS_I-3612-001.

IRS Tax Lien -- Presumption of Correctness, IAS_I-3613-001.

Lack of Fitness & Trustworthiness, IAS_I-3614-003.

Lack of Requisite Good Moral Character --

Alone a Basis For Denial, IAS_I-3615-001.

Good Moral Character Defined, IAS_I-3616-002.

Good Moral Character Is a Question of Fact, IAS_I-3617-001.

Lack of Not a Permanent Ban to Licensure -- Proof of Rehabilitation Examined, IAS_I-3618-001.

Lack of Requisite Good Moral Character, IAS_I-3619-004.

Late Filing Fee -- Challenge to Rejected, IAS_I-3620-001.

Late-Payment of Examination Fee, IAS_I-3621-001.

Maintain Requisite Association, IAS_I-3622-001.

Matters Outside Notice of Intent to Deny Cannot Be Reached, IAS_I-3623-001.

Moral Turpitude, IAS_I-3624-001.

Out-of-State Discipline, IAS_I-3625-003.

Permanent Denial of Reversed, IAS_I-3626-001.

Previous Revocation of Same License Found to Bar Reapplication, IAS_I-3627-001.

Requisite Educational Requirements Found Lacking --

Foreign Applicant, IAS_I-3628-001.

Foreign Student, IAS_I-3629-001.

Requisite Educational Requirements Found Lacking, IAS_I-3630-002.

Requisite Letters of Recommendation Found Lacking, IAS_I-3631-001.

Requisite Work Experience --

Lacking, IAS_I-3632-003.

Out-of-State Experience -- Equivalency, IAS_I-3633-001.

Sexual Misconduct, IAS_I-3634-001.

Statute In Effect When Agency Makes Its Final Decision Is Applicable, IAS_I-3635-003.

Unacceptable Level of Care, IAS_I-3636-001.

Violation of Nonrule Policy Alone Cannot Be Sole Basis For Denial, IAS_I-3637-001.

Voluntary Withdrawal of, IAS_I-3638-001.

Authority of State Government to Require State Licensure For Federal Employees, IAS_I-3639-001.

By Endorsement --

Contingent On Successful Probation, IAS_I-3640-001.

False Statements On Licensure Application, IAS_I-3641-001.

Inability In Profession, IAS_I-3642-001.

Out-of-State Exam Procedures Found Not to Be Equivalent, IAS_I-3643-001.

Psychotherapeutic Treatment, IAS_I-3644-001.

Examination --

Challenge to Grading --

Applicant Has Burden of Proof By a Preponderance of the Evidence, IAS_I-3645-002.

Applicant Has Burden of Proof, IAS_I-3646-001.

Applicant Has Heavy Burden of Proof, IAS_I-3647-001.

Insufficient or Misleading Instructions, IAS_I-3648-001.

Challenge to Grading, IAS_I-3649-003.

Cheating, IAS_I-3650-001.

Fees --

State Need Not Extend Credit or Make Special Arrangements, IAS_I-3651-001.

Issuance of By Mistake Does Not Constitute a Determination of Fitness, IAS_I-3652-001.

Jurisdiction (See Also APPELLATE REVIEW; DISCIPLINE; PRACTICE & PROCEDURE) --

A Question of Law, IAS_I-3653-001.

Moratorium On Expansion By Licensee, IAS_I-3654-001.

Provisional License --

Cannot Be Extended or Renewed, IAS_I-3655-001.

Renewal (See LICENSING)

Temporary --

Late-Payment of Examination Fee, IAS_I-3656-001.

A "Holder" Defined & Discussed, IAS_I-3657-001.

Contract Law Governs, IAS_I-3658-001.

Payment Restricted to "Holders" of Winning Tickets, IAS_I-3659-001.

Purchase Without Actual Possession Does Not Suffice, IAS_I-3660-001.

Contract -- Bid --

Dismissal of Protest For Failure to Post Bond Reversed, IAS_I-3662-001.

Convicted Vendor's List (See Also ADMINISTRATIVE HEARINGS, Div. of (DOAH), Public Entity Crime) --

Dept. Duty to Conduct Investigations, IAS_I-3663-001.

Exclusion From Granted, IAS_I-3664-001.

Mechanics of the List Examined, IAS_I-3665-001.

Defined, IAS_I-3666-001.

Black Mullet Harvest --

Biological Data Concerning, IAS_I-3667-001.

DOAH Invalidation of Proposed Rules Upheld, IAS_I-3668-001.

Constitutional & Statutory Provisions Directing Protection of the Environment, IAS_I-3669-001.

Duty Owed to Commercial Fishing Interests Examined, IAS_I-3670-001.

Local Government Cannot Regulate Taking or Possession of Saltwater Fish, IAS_I-3671-001.

Marine Net Ban Constitutional Initiative --

Supreme Court Upholds Validity of, IAS_I-3672-001.

Rulemaking Authority (See Also RULES & RULEMAKING) --

Broad Grant of Discussed, IAS_I-3673-001.

Requisite Review By Governor & Cabinet, IAS_I-3674-001.

Denial of Amendment -- Proposed Planned Unit Development --

Circuit Court Grant of Injunctive Relief & Damages Reversed, IAS_I-3675-001.

Sexual Misconduct --

Client Cannot Give Informed Consent, IAS_I-3676-001.

Distinction Between Legal Massage & Sexual Misconduct Explored, IAS_I-3677-001.

AHCA Regulates Provider Agreement/HRS Licenses the Centers, IAS_I-3678-001.

Provider Status Terminated, IAS_I-3679-005.

Recoupment of Overpayment, IAS_I-3680-001.

Requisite Contracts With HRS Discussed, IAS_I-3681-004.

Termination of Provider Agreement Upheld, IAS_I-3682-002.

Constitutional Challenge to 1994 Statutory Amendments Regarding Third Party Liability --

Abrogation of Affirmative Defenses By Statute Found Constitutional, IAS_I-3683-001.

Circuit Court Declares Portion of Unconstitutional, IAS_I-3684-001.

Legislative History Regarding Third Party Recovery Examined In Detail, IAS_I-3685-001.

Market/Share Joint & Severable Liability Examined, IAS_I-3686-001.

Probative Value of Statistical Evidence Delineated By Statute Upheld, IAS_I-3687-001.

Supreme Court Declares Portion of Unconstitutional, IAS_I-3688-001.

Tobacco-Only Mandate of Governor Discussed, IAS_I-3689-001.

Dentist --

Adult Adjustments --

Denture Adjustments & Relines, IAS_I-3690-001.

Overpayment, IAS_I-3691-001.

Diagnostic Lab --

Services Improperly Billed As Physician Services, IAS_I-3692-001.

HRS (See Also Health Care Administration) --

Authority to Bring Civil Suit Found Lacking --

§120 Found to Constitute Exclusive Remedy, IAS_I-3693-001.

Authority to Withhold Reimbursement Pending An Investigation Exhaustively Explored, IAS_I-3694-001.

Cannot Be Held Liable For "Damages" Under §120, IAS_I-3695-001.

Duty to Report Allegedly Criminal Conduct to Auditor General Examined, IAS_I-3696-001.

Federal Litigation -- Parallel -- Found Not Controlling, IAS_I-3697-001.

Federal Preemption Examined, IAS_I-3698-001.

Reimbursement Procedures Examined, IAS_I-3699-001.

Reimbursement Rates -- 1989-90 Freeze On Assailed, IAS_I-3700-001.

Health Care Administration, Agency For (AHCA) (See Also DECLARATORY STATEMENTS; HRS) --

§403.913 Demands For Provider Records Examined, IAS_I-3701-001.

Applicable Rules & Medicaid Handbook Must Be Read In Para Materia, IAS_I-3702-001.

Authority to Withhold Reimbursement Pending An Investigation Exhaustively Explored, IAS_I-3703-001.

Confidentiality of "Any Identifying Information" In the Context of An Investigation --

Includes Identity of An HMO, IAS_I-3704-001.

Fine Imposed For Failure to Produce Records Requested Pursuant to §403.913 Reversed, IAS_I-3705-001.

Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-3706-005.

Has the Burden of Proof, IAS_I-3707-003.

Mechanics of the Program Examined, IAS_I-3708-001.

Health Maintenance Organization (HMO) --

Challenge to Termination of Contract --

Circuit Court Denial of Change to Venue to Leon County Reversed, IAS_I-3709-001.

Home Health Agency --

Billing For Services Allegedly Not Provided, IAS_I-3710-001.

Homebound Defined, IAS_I-3711-001.

Reimbursement Withheld Due to Evidence of Fraud or Misrepresentation, IAS_I-3712-001.

Reinstatement of Provider Status Denied --

False Billing For Unperformed Services, IAS_I-3713-001.

Home Health Services --

Defined & Discussed, IAS_I-3714-001.

Hospital --

Challenge to Five (5) Claims, IAS_I-3715-001.

Denial of Claim For Failure to Submit Patient's Medicaid Number Reversed, IAS_I-3716-001.

Improper Claims For Physician Services, IAS_I-3717-001.

Medical Necessity --

Admission Found Medically Necessary, IAS_I-3718-001.

Claims Denied as Not Medically Necessary -- Determination of Foundation For Health Care (PRO) Inc., IAS_I-3719-002.

Provider Has the Burden of Proof By a Preponderance of the Evidence, IAS_I-3720-001.

Recoupment of Overpayment, IAS_I-3721-001.

Suit For Consolidated Hospital License to Make Specialty Psychiatric Facility Eligible, IAS_I-3722-001.

Unpaid Revenue Assessments --

Authority of HRS to Withhold Medicaid Payments to Offset Unpaid Assessments, IAS_I-3723-001.

Change In Hospital Ownership, IAS_I-3724-001.

Intermediate Care Facility --

Audit Adjustments --

Negative, IAS_I-3725-001.

Retroactive, IAS_I-3726-001.

Legislative 1992 Reduction of Prescription Drug Services Discussed, IAS_I-3727-001.

Legislative Appropriations Are Only Valid For the Term of the Pertinent Fiscal Year, IAS_I-3728-001.

Legislative Fee Cap -- §16, Chapter 92-178, Laws of Florida --

Declared Unconstitutional Due to a Defective Title, IAS_I-3729-001.

Medical Assistance Funds --

Agency Claim For Recoupment Reversed, IAS_I-3730-001.

Available Resources Examined --

Trust Fund of Mother Found Unavailable -- Reversed, IAS_I-3731-001.

Challenge to Termination From Participation Reversed In Part, IAS_I-3732-001.

Five (5) Step Sequential Process For Determining Whether a Person Is Disabled, IAS_I-3733-001.

Medicaid Qualifying Trust (MQT) --

Community Spouse As Grantor, IAS_I-3734-001.

Defined & Discussed, IAS_I-3735-001.

Effect of Discretion to Distribute Trust Assets, IAS_I-3736-001.

Federal Provisions Examined, IAS_I-3737-001.

Medically Needy Program --

Definition of Physical Disability Program, IAS_I-3738-001.

Denial of Benefits Reversed, IAS_I-3739-001.

Five (5) Step Sequential Process For Determining Whether a Person Is Disabled, IAS_I-3740-002.

Purpose of This Program Examined, IAS_I-3741-001.

Unreasonable Delays In Processing Application -- Reimbursement For Out-of-Pocket Expenditure Found Warranted, IAS_I-3742-001.

Medical Clinic --

Overpayment -- Cluster Sampling, IAS_I-3743-001.

Nursing Home --

Audit Adjustments --

Challenge to -- Related Parties Issue, IAS_I-3744-001.

Challenge to, IAS_I-3745-001.

Determination of Average Equity Capital, IAS_I-3746-001.

Challenge to County Residency Determination Rejected, IAS_I-3747-001.

Denial of Eligibility For Resident --

Provider Lacks Standing to Challenge, IAS_I-3748-001.

Resident's Interest In a Trust Fund, IAS_I-3749-001.

Interim Rate Increase --

Applicant's Burden of Proof Carefully Examined, IAS_I-3750-001.

Costs Incurred to Meet New Federal or State Requirements, IAS_I-3751-002.

Establishment of Prima Facie Case, IAS_I-3752-002.

Rate Freezes Discussed, IAS_I-3753-001.

Reasonableness of Costs Must Be Established, IAS_I-3754-001.

Utilization of Most Recent Cost Reports Discussed In Detail, IAS_I-3755-001.

Recoupment of Underpayment --

Available Only Prospectively, IAS_I-3756-001.

Reimbursement Withheld Due to Evidence of Fraud or Misrepresentation, IAS_I-3757-001.

Retroactive Payments -- Out-of-Business Firm -- Denied, IAS_I-3758-001.

Patient --

Denial of Claim Reversed --

Inherited Real Property Found to Be Unavailable Asset, IAS_I-3759-001.

Third Party Benefits Found Unavailable, IAS_I-3760-001.

Treatment of Son's Terminal Cancer --

Dept. Denial of Reimbursement Reversed, IAS_I-3761-001.

Pharmacy Copayment --

1994-95 Appropriations Bill Struck Down As Unconstitutional, IAS_I-3762-001.

Physician --

Challenge to Audit Adjustment, IAS_I-3763-001.

Challenge to Randomness of Sampling Techniques, IAS_I-3764-001.

Medical Necessity of Services Rendered Challenged, IAS_I-3765-001.

Overpayment -- Fraud, IAS_I-3766-001.

Overpayment -- Liability Confirmed With Certain Adjustments, IAS_I-3767-001.

Termination of Participation In Physician Access System (MediPass), IAS_I-3768-001.

Provider --

Action Regarding Per Diem Rates Withdrawn, IAS_I-3769-001.

Adjustments Relating to Working Capital Interest Does Not Necessitate Resetting of Facility Target Rates, IAS_I-3770-001.

Audit -- Challenge to Randomness of Sampling Techniques, IAS_I-3771-001.

Audit -- Cluster Sampling Discussed, IAS_I-3772-002.

Audit -- Discussion of Sampling Technique, IAS_I-3773-001.

Bifurcated Proceeding -- Fact & Amount of Overpayment, IAS_I-3774-001.

Burden of Proof When Bringing a Challenge, IAS_I-3775-001.

Burden of Proof When Challenging HRS Audit Techniques, IAS_I-3776-001.

Challenge to Billing Dismissed, IAS_I-3777-001.

Challenge to Prepayment Review Rejected, IAS_I-3778-002.

Claim Alleging Breach of Contract By Regional Planning Council Dismissed, IAS_I-3779-001.

Criminal Investigations Are Cause For HRS Concern, IAS_I-3780-001.

Failure to Submit Requested Documentation, IAS_I-3781-001.

Federal Withholding Rule -- Evidence of Fraud or Misrepresentation, IAS_I-3782-001.

Has the Burden of Proof, IAS_I-3783-001.

Reduction of Reimbursement In Compliance With 1995 Appropriation --

Challenge to Dismissed, IAS_I-3784-001.

Related Parties Issue Exhaustively Explored, IAS_I-3785-001.

Standing Found Lacking to Challenge Denial of Patient's Eligibility, IAS_I-3786-001.

Termination of Voluntary Provider Agreement, IAS_I-3787-001.

Radiology & Diagnostic Center --

Overpayment, IAS_I-3788-001.

Transportation Provider (See Also CONTRACTS (Bids/Protests), Health Care Administration) --

Application For Reinrollment Approved, IAS_I-3789-001.

Application For Reinrollment Denied, IAS_I-3790-001.

Advertising --

Public Invitation to Attend a Lecture & Receive More Information, IAS_I-3792-001.

Statutory Authority For Bd. Regulation of Examined, IAS_I-3793-001.

Appellate Review (See Also APPELLATE REVIEW) --

Stay Pending Granted, IAS_I-3794-001.

Attorney's Fees & Costs (See Also PRACTICE & PROCEDURE) --

Equal Access to Justice Act (§57.111) (See Also PRACTICE & PROCEDURE) --

Substantially Justified Agency Action Found Over Contrary DOAH Finding, IAS_I-3795-001.

Controlled Substances -- (See Also Medical Records)

Bd. Regulation of Prescription Practices Found Draconian, IAS_I-3796-001.

Prescription or Provision of Creates a Physician - Patient Relationship Per Se, IAS_I-3797-001.

Prescription to Self or Girlfriend Does Not Remove Record-Keeping Requirements, IAS_I-3798-001.

Self-Medication, IAS_I-3799-002.

Criminal Charges --

Double Jeopardy Does Not Arise From Related Administrative Discipline, IAS_I-3800