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Office of Insurance Regulation v. AIU Insurance

926 So. 2d 479, 2006 Fla. App. LEXIS 5851, 2006 WL 1058169
District Court of Appeal of Florida·Decided April 24, 2006·No. No. 1D05-2273·Published

Opinion

PER CURIAM.

The Administrative Law Judge erred in concluding that the appellees had demonstrated standing to challenge proposed rule 690-170.013(7), Fla. Admin. Code. While the interests of the appellees are arguably within the zone of interests to be regulated by the proposed rule, the appel-lees did not demonstrate that application of the proposed rule will result in a real and sufficiently immediate injury in fact to afford them standing to challenge the proposed rule. See Florida Board of Medicine v. Florida Academy of Cosmetic Surgery, Inc., 808 So.2d 243 (Fla. 1st DCA 2002). The other issues are mooted by this determination. The final order is REVERSED.

BARFIELD, BROWNING, and THOMAS, JJ., Concur.

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Office of Insurance Regulation v. AIU Insurance, 926 So. 2d 479, 2006 Fla. App. LEXIS 5851, 2006 WL 1058169 (Fla. Ct. App. 2006).

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Related

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.
808 So. 2d 243 (District Court of Appeal of Florida, 2002)