Department of Revenue v. Sheraton Bal Harbour Ass'n

District Court of Appeal of Florida

Department of Revenue v. Sheraton Bal Harbour Ass'n

864 So. 2d 454, 2003 Fla. App. LEXIS 19231, 29 Fla. L. Weekly Fed. D 25

District Court of Appeal of Florida·Decided December 18, 2003·No. No. 1D03-3933·Published·Cited by 1 cases

Opinion

PER CURIAM.

The Department of Revenue seeks a writ of prohibition to prevent the Division of Administrative Hearings (“DOAH”) from proceeding with Sheraton’s rule challenge to a repealed rule. The Department contends that section 120.56, Florida Statutes does not authorize a rule challenge to a rule that is no longer in existence, and therefore, DOAH is acting in excess of its jurisdiction. We agree and grant the petition. Because the court is confident that DOAH will promptly comply with this opinion, the court withholds formal issuance of the writ.

BARFIELD, ALLEN and DAVIS, JJ., concur.

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PER CURIAM.

The Department of Revenue seeks a writ of prohibition to prevent the Division of Administrative Hearings (“DOAH”) from proceeding with Sheraton’s rule challenge to a repealed rule. The Department contends that section 120.56, Florida Statutes does not authorize a rule challenge to a rule that is no longer in existence, and therefore, DOAH is acting in excess of its jurisdiction. We agree and grant the petition. Because the court is confident that DOAH will promptly comply with this opinion, the court withholds formal issuance of the writ.

BARFIELD, ALLEN and DAVIS, JJ., concur.

Department of Revenue v. Sheraton Bal Harbour Ass'n, 864 So. 2d 454, 2003 Fla. App. LEXIS 19231, 29 Fla. L. Weekly Fed. D 25 (Fla. Ct. App. 2003).

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