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DEPT. OF LABOR, ETC. v. FLA. HOME BUILDERS

No. MM-159.

392 So.2d 21 (1980)

DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF LABOR, Appellant, v. FLORIDA HOME BUILDERS ASSOCIATION et al., Appellees, v. FLORIDA BUILDING TRADES COUNCIL et al., Intervenors.

District Court of Appeal of Florida, First District.

Rehearing Denied January 22, 1981.

Attorney(s) appearing for the Case

Kenneth H. Hart, Jr., Tallahassee, for appellant.

Stephen W. Metz, Tallahassee, for appellees.

Jerry G. Traynham of Patterson & Traynham, Tallahassee, for intervenors.

McCORD, Judge.

This is an appeal from a final order of the Division of Administrative Hearings finding appellant's Rule 8C-16.05(2)(e) 2 and 5 to be an invalid exercise of delegated authority. Among other issues raised on this appeal, appellant contends that appellees do not have standing to challenge its rule pursuant to § 120.56, Florida Statutes. We agree.

Section 120.56, Florida Statutes, in pertinent part states as follows:

(1) Any person...

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