DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
DELRAY HOSPITAL CORPORATION AND MEDFIELD CORPORATION, APPELLEES

Fla. 1st DCA | 1979-07-24
No. MM-33
MILLS, C. J. and LARRY G. SMITH, J., concur.
373 So. 2d 75 Florida District Court of Appeal, First District (1979) Caution
Cited by 4 cases

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Holding

The court held that the hearing officer did not err in invalidating an administrative rule due to the Department's failure to prepare an economic impact statement.

Facts & Procedural History

The Department failed to prepare an economic impact statement when amending an administrative rule. A hearing officer found the rule invalid for this …

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Economic Impact Statement Rulemaking Procedures Invalid Exercise Of Delegated Legislative Authority Administrative Procedure Act

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Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

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 “[fjailure 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • The Sch. Bd. OF Broward Cnty. v. David L. and Geraldine Gramith, 375 So. 2d 340 (Fla. 1st DCA 1979)
    …proceedings that its rule designating school boundaries for pupils in the north-central area of Bro-ward County was invalid for the Board’s failure to prepare an economic impact statement. We reverse. 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. There, however, the Department’s rule was promulgated under Section 381.494, Florida Statutes (1977), which directs the department in at least four instances to consi…
  • Westchester Gen. Hosp. & Sylvia Urlich v. State, 417 So. 2d 261 (Fla. 1st DCA 1982)
    …rpretative of the statute and have economic impact. See State Department of Health and Rehabilitative Services v. Framat Realty, Inc., 407 So. 2d 238 (Fla. 1st DCA 1981). Cf. Department of Health and Rehabilitative Services v. Delray Hospital Corp., 373 So. 2d 75 (Fla. 1st DCA 1979); School Board of Broward County v. Gramith, 375 So. 2d 340 (Fla. 1st DCA 1979).1 The remaining arguments urged by the cross-appellee that the rules were otherwise invalid are not ripe for our consideration. See General Developme…

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