Lucas v. Deptartment of Administration, Division of Retirement

District Court of Appeal of Florida

Lucas v. Deptartment of Administration, Division of Retirement

466 So. 2d 386, 10 Fla. L. Weekly 761, 1985 Fla. App. LEXIS 13183

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1985

DocketNo. AY-29

StatusPublished

This text of 466 So. 2d 386 (Lucas v. Deptartment of Administration, Division of Retirement) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lucas v. Deptartment of Administration, Division of Retirement, 466 So. 2d 386, 10 Fla. L. Weekly 761, 1985 Fla. App. LEXIS 13183 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

This cause is before us challenging a final order of the Department of Administration, Division of Retirement, which holds Rule 22B-1.04(6)(e)4, Florida Administrative Code, is a valid rule, and the Division of Retirement’s Memorandum 81-60 is not a rule subject to the rule-making procedures under Chapter 120, Florida Statutes (1981).

We agree with the final order that Rule 22B-1.04(6)(e)4 is a valid rule and DOR Memorandum 81-60 is not a rule but an application of Rule 22B. This holding has no effect on the Section 120.57, Florida Statutes (1981), challenge by appellant of the Division of Retirement’s application of Rule 22B, which resulted in her removal from the Florida Retirement System. Therefore, the order below is affirmed without prejudice to appellant’s pending action under Section 120.57, Florida Statutes (1981).

.BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

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PER CURIAM.

This cause is before us challenging a final order of the Department of Administration, Division of Retirement, which holds Rule 22B-1.04(6)(e)4, Florida Administrative Code, is a valid rule, and the Division of Retirement’s Memorandum 81-60 is not a rule subject to the rule-making procedures under Chapter 120, Florida Statutes (1981).

We agree with the final order that Rule 22B-1.04(6)(e)4 is a valid rule and DOR Memorandum 81-60 is not a rule but an application of Rule 22B. This holding has no effect on the Section 120.57, Florida Statutes (1981), challenge by appellant of the Division of Retirement’s application of Rule 22B, which resulted in her removal from the Florida Retirement System. Therefore, the order below is affirmed without prejudice to appellant’s pending action under Section 120.57, Florida Statutes (1981).

.BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

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466 So. 2d 386, 10 Fla. L. Weekly 761, 1985 Fla. App. LEXIS 13183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-deptartment-of-administration-division-of-retirement-fladistctapp-1985.