From Casetext: Smarter Legal Research

Department of Health & Rehabilitative Services v. Delray Hospital Corp.

District Court of Appeal of Florida, First District
Jul 24, 1979
373 So. 2d 75 (Fla. Dist. Ct. App. 1979)

Summary

In Department of HRS v. Delray Hospital Corp., 373 So.2d 75 (Fla. 1st DCA 1979), we reversed the Department's rule-amendment for such failure.

Summary of this case from School Bd. of Broward Cty. v. Gramith

Opinion

No. MM-33.

July 24, 1979.

Appeal from the Division of Administrative Hearings.

Eric J. Haugdahl, Tallahassee, for appellant.

Baya Harrison, III and C. Gary Williams of Ausley, McMullen, McGehee, Carothers Proctor, Tallahassee, for appellees.


The hearing officer did not err in ordering that the disputed amendment to Fla. Admin. Code R. 10-5.11(1) was invalid because of the Department's failure to prepare an economic impact statement in its promulgation, per the requirement in Section 120.54(2)(a). We presaged this result in dicta in Department of Environmental Regulation v. Leon County, 344 So.2d 297, 299 (Fla. 1st DCA 1977):

While Section 120.54 does not specifically relate to an alleged erroneous economic impact statement to validity or invalidity of a rule, it does require the promulgation of such a statement by the agency as one of the steps in the rule-making procedure. Thus, the failure to give such an economic impact statement would constitute an invalid exercise of delegated legislative authority.

Later, in Laws of Florida, Ch. 78-425, the Legislature clarified its intent, amending Section 120.54(2) to add, in subsection (2)(c), that "[f]ailure to provide an adequate statement of economic impact is grounds for holding the rule invalid. . . ."

The order appealed from is affirmed.

MILLS, C.J. and LARRY G. SMITH, J., concur.


Summaries of

Department of Health & Rehabilitative Services v. Delray Hospital Corp.

District Court of Appeal of Florida, First District
Jul 24, 1979
373 So. 2d 75 (Fla. Dist. Ct. App. 1979)

In Department of HRS v. Delray Hospital Corp., 373 So.2d 75 (Fla. 1st DCA 1979), we reversed the Department's rule-amendment for such failure.

Summary of this case from School Bd. of Broward Cty. v. Gramith
Case details for

Department of Health & Rehabilitative Services v. Delray Hospital Corp.

Case Details

Full title:DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT, v. DELRAY…

Court:District Court of Appeal of Florida, First District

Date published: Jul 24, 1979

Citations

373 So. 2d 75 (Fla. Dist. Ct. App. 1979)

Citing Cases

Westchester General Hospital v. State, Department of Health & Rehabilitative Services

Hawkins, however, is distinguishable because the rules in the instant case were interpretative of the statute…

School Bd. of Broward Cty. v. Gramith

We reverse. In Department of HRS v. Delray Hospital Corp., 373 So.2d 75 (Fla. 1st DCA 1979), we reversed the…