STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
TESHA LASHAWN ATKINSON, LATESHA BARKI ATKINSON, AND TIFFANY LASHAWN ATKINSON, BY AND THROUGH TESHA LASHAWN ATKINSON, THEIR MOTHER AND NEXT FRIEND, APPELLEES
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PER CURIAM.
The Florida Department of Health and Rehabilitative Services appeals an order of the Division of Administrative Hearings that held invalid in part proposed Rule IOC-1.113, Florida Administrative Code-. The hearing officer found that the portion of the proposed rule which required the participation of teenage parents with children more than three months old in an employment and training program exceeded the agency’s authority under section 409.029(8)(b), Florida Statutes (1987). Now the parties have brought to our attention the enactment of chapters 89-334 and 89-379, Laws of Florida, which authorize the portion of the proposed rule that was held invalid. The parties are in agreement therefore that this appeal is moot, but disagree as to the proper disposition of this cause. We find the appropriate remedy is to vacate the hearing officer’s order and remand to the Division of Administrative Hearings for further appropriate proceedings, Mayo v. Florida Grapefruit Growers Protective Association, 123 Fla. 277, 166 So. 554 (1936).
BOOTH, JOANOS and MINER, JJ., concur.
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Citator
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Smith v. State, 559 So. 2d 1281 (Fla. 5th DCA 1990)…though principles of estoppel may be applied in carrying out the terms of a plea bargain, here estoppel has no application. The state offered no plea to the defendant and was not a party to the plea bargain offered by the court. State v. Singletary, 547 So. 2d 1262 (Fla. 3rd DCA 1989). We should not permit the defendant to rely on an illegal sentence negotiated with the trial court. The alternative to imposing an illegal sentence is to sentence the defendant to a term within the appropriate guideline or, if h…
Authorities Cited
- Nathan Mayo as Commissioner of Agriculture v. Fla. Grapefruit Growers Protective Ass'n, 123 Fla. 277 (Fla. 1936)