The issues to be decided are whether Respondent violated portions of chapter 458, Florida Statutes, as alleged in the Administrative Complaints; and, if so, what penalty should be imposed.Respondent committed numerous violations by overprescribing, keeping incomplete and illegible records, not referring patients for appropriate alternative treatment. Due to his repeated malpractice, his license should be revoked.

The issue is whether Petitioner's application for licensure as a funeral director and embalmer should be denied on the grounds set forth in the Board of Funeral, Cemetery and Consumer Services' March 1, 2019, Notice of Intent to Deny.Despite the seriousness of his criminal offense, applicant demonstrated rehabilitation and that he presents no danger to the public; recommended that applicant receive license.

The issue to determine in this matter is whether Petitioner Darryl Maurice Young’s application for real estate license should be denied for the reasons stated in Respondent Department of Business Regulation, Florida Real Estate Commission’s (Commission), Notice of Intent to Deny, rendered April 5, 2018.Petitioner failed to establish, by a preponderance of the evidence, that he satisfied the requirements for a real estate sales associate license.

The issue is whether Petitioner's application for a real estate license should be denied for the reasons stated in Respondent's Notice of Intent to Deny, dated November 2, 2018.Applicant failed to demonstrate that he was eligible for licensure as a sales associate or broker.

Whether Petitioner’s application for licensure as a preneed sales agent should be approved.Petitioner failed to demonstrate that she is entitled to a preneed sales agent license.

Whether Petitioner’s application for licensure as a real estate broker should be approved or denied.Petitioner demonstrated a sufficient lapse of time and subsequent good conduct since his criminal offense. Therefore, his application should be approved.

Whether Petitioner is entitled to attorney’s fees and costs pursuant to section 120.595(4), Florida Statutes (2017).Petitioner is entitled to reasonable fees and costs pursuant to section 120.595(4), Florida Statutes, as the prevailing party in Case No. 16-6167.

Whether Florida Administrative Code Rules 64B8-50.003(2) and 64B8-56.002(2)(a) are invalid exercises of delegated legislative authority in violation of section 120.52(8), Florida Statutes (2014). Whether the following four statements are unadopted rules as defined by section 120.52(20): (i.) The Electrolysis Council is a de facto party to a petition for declaratory statement filed with the Board of Medicine concerning the practice of electrology and need not intervene in the proceeding before the Board when considering rules and statutes related to the practice of electrology; (ii.) The Electrolysis Council is a de facto party to a petition to adopt, amend, or repeal an agency rule filed with the Board of Medicine concerning the practice of electrology and need not intervene in the proceeding before the Board when the rules concern the practice of electrology; (iii.) No additional materials can be submitted to the Board of Medicine prior to the meeting of the full Board for consideration of a draft order on a petition for declaratory statement; and (iv.) The Board of Medicine will not consider any materials submitted for consideration within 48 hours of a full Board of Medicine meeting unless the Board Chair allows their distribution to the members.Petitioners demonstrated "petitions for declaratory statement" in rule 64B8-50.003(2) is an invalid rule, but did not meet burden for the challenge to other section of the rule, rule 64B8-56.002(2)(a), and four alleged unadopted rules.

Whether Petitioner’s application for a certified building contractor’s license should be granted, and whether Respondent relied upon an unadopted rule in formulating its intended decision to deny Petitioner’s application, in violation of section 120.57(1)(e), Florida Statutes (2015).1/Petitioner failed to prove by a preponderance of the evidence either that his application for certified building contractor's license should be approved or that the Board relied on unadopted rules in denying his application.

The issue is whether Petitioner's application to renew his embalmer's license number F042986 should be approved.Petitioner failed to demonstrate that renewal of his embalmer's license would not create a danger to the public.