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DEPARTMENT OF CORRECTIONS v. ROSEMAN

No. UU-192.

390 So.2d 394 (1980)

DEPARTMENT OF CORRECTIONS, Appellant and Cross-Appellee, v. Andrew J. ROSEMAN, Samuel Washington, Shirley Ann Bell and Anna Holden, Appellees and Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied December 15, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Gerald B. Curington, Asst. Atty. Gen., Tallahassee, for appellant and cross-appellee.

Richard A. Belz and Diana B. McPherson, Gainesville, for appellees and cross-appellants.

ROBERT P. SMITH, Jr., Judge.

The Department of Corrections appeals from DOAH hearing officer Tremor's order in Section 120.54(4) proceedings holding that the Department's proposed Rule 33-3.13, Fla. Admin. Code, is an invalid exercise of delegated legislative authority in that it restricts fundamental constitutional rights of the affected citizens-inmates of the Florida prison system and the noninmates whom they wish to marry while still incarcerated-in the absence...

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