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STATE, ETC. v. PROFESSIONAL FIREFIGHTERS, ETC.

No. MM-96.

366 So.2d 1276 (1979)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. PROFESSIONAL FIREFIGHTERS OF FLORIDA, INC., James B. Jackson, Dominick F. Barbera, and Gary Rainey, Respondents.

District Court of Appeal of Florida, First District.

February 9, 1979.

Attorney(s) appearing for the Case

George L. Waas and Charles T. Collett, Tallahassee, for petitioner.

Mallory E. Horne, Edward S. Jaffry and Judson M. Chapman of Horne, Rhodes, Jaffry, Stephens, Bryant, Horne & Chapman, and Thomas C. Oldham, Tallahassee, for respondents.

ERVIN, Judge.

The Department of Health and Rehabilitative Services petitions for review of intermediate agency action in the form of an order of a hearing officer of the Division of Administrative Hearings, Department of Administration, denying the Department's motion to dismiss respondents' rule-challenge petition pursuant to § 120.56, Fla. Stat. (1977). Respondents contend that the Department has adopted an illicit rule on the ground that it is an invalid exercise...

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