requirements contained rule (Florida) · Go Syfert
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requirements contained rule in Florida

17 Florida opinions name it 2 courts 1984–2016 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Agrico Chemical Co. v. STATE, ETC.green
fladistctapp · 1979 · cited in 13 Florida opinions naming this issue, 1984–1995
2 sentences

1995Regulation, 365 So.2d 759, 763 (Fla. 1st DCA 1978), cert. denied, 376 So.2d 74 (Fla. 1979), petitioners share the burden to show, at an administrative hearing, that (1) the agency adopting the rule has exceeded its authority; (2) that the requirements of the rule are not appropriate to the ends specified in the legislative act; and (3) the requirements contained in the rule are not reasonably related to the purpose of the enabling legislation but are arbitrary and capricious, Department of Admin., Div. of Retirement v. Albanese, 445 So.2d 639, 641 (Fla. 1st DCA 1984) (citation omitted), or tha

1994In a rule challenge, “the burden is upon one who attacks a proposed rule to show that the agency, if it adopts the rule, would exceed its authority; that the requirements of the rule are not appropriate to the end specified in the legislative act; that the requirements contained in the rule are not reasonably related to the purpose of the enabling legislation or that the proposed rule or the requirements thereof are arbitrary or capricious.” Agrico Chemical Co. v. Department of Environmental Regulation, 365 So.2d 759, 763 (Fla.1st DCA 1978), cert. denied, 376 So.2d 74 (Fla.1979).

813
Wilson Gold Stamping Mach. Co. v. Webb Hardware & Furniture Co.green
lactapp · 1950 · cited in 3 Florida opinions naming this issue, 1987–1987
2 sentences

1987Department of Administration, Division of Retirement v. Albanese, 45 So.2d 639, 641 (Fla. 1st DCA 1984).

1987Department of Administration, Division of Retirement v. Albanese, 45 So.2d 639, 641 (Fla. 1st DCA 1984).

33
Grove Isle, Ltd. v. STATE DEPT. OF ENVIR. REG.green
fladistctapp · 1984 · cited in 2 Florida opinions naming this issue, 1989–1989
2 sentences

1989Grove Isle, Ltd. v. State Department of Environmental Regulation, 454 So.2d 571, 573, 575 (Fla. 1st DCA 1984).

1989Grove Isle, Ltd. v. State Department of Environmental Regulation, 454 So.2d 571, 573, 575 (Fla. 1st DCA 1984).

22
DeAngelis v. Wainwrightgreen
fladistctapp · 1984 · cited in 2 Florida opinions naming this issue, 1986–1987
2 sentences

1987Department of Administration, Division of Retirement v. Albanese, 455 So.2d 639, 641 (Fla. 1st DCA 1984).

1986Department of Administration, Division of Retirement v. Albanese, 455 So.2d 639, 641 (Fla. 1st DCA 1984).

22
DEPT. OF ADMIN., DIV. OF RETIRE. v. Albanesegreen
fladistctapp · 1984 · cited in 2 Florida opinions naming this issue, 1984–1995
2 sentences

1995Regulation, 365 So.2d 759, 763 (Fla. 1st DCA 1978), cert. denied, 376 So.2d 74 (Fla. 1979), petitioners share the burden to show, at an administrative hearing, that (1) the agency adopting the rule has exceeded its authority; (2) that the requirements of the rule are not appropriate to the ends specified in the legislative act; and (3) the requirements contained in the rule are not reasonably related to the purpose of the enabling legislation but are arbitrary and capricious, Department of Admin., Div. of Retirement v. Albanese, 445 So.2d 639, 641 (Fla. 1st DCA 1984) (citation omitted), or tha

1984Department of Administration, Division of Retirement v. Albanese, 445 So.2d 639 (Fla. 1st DCA 1984); Agrico Chemical Co. v. State, Department of Environmental Regulation, 365 So.2d 759 (Fla. 1st DCA 1978), cert. denied, 376 So.2d 74 (Fla. 1979).

12
Miley v. Nashgreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Miley v. Nash, 171 So.3d 145, 149-50 (Fla. 2d DCA), review denied, 192 So.3d 40 (Fla.2015).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Dept. of Prof. Reg. v. SOC. PROF. LAND SUR. green
fladistctapp · 1985
1 sentence

1987Department of Professional Regulation v. Florida Society of Professional Land Surveyors, 475 So.2d 939 (Fla. 1st DCA 1985).

11987–1987

Statutes the citing opinions construe

FL § 120.54 (11) FL § 120.57 (9) FL § 120.56 (8) FL § 120.52 (4) FL § 120.68 (4) FL § 403.412 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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