DEPARTMENT OF CORR. v. McCAIN SALES OF FLA., INC.

No. LL-231.

400 So.2d 1301 (1981)

DEPARTMENT OF CORRECTIONS, Appellant, v. McCAIN SALES OF FLORIDA, INC., and Annat, Inc., a Florida Corporation, D/B/a Municipal Supply and Sign Company, Appellees.

District Court of Appeal of Florida, First District.

July 9, 1981.


Attorney(s) appearing for the Case

Raymond W. Gearey, Tallahassee, for appellant.

L. Ralph Smith, Jr., of Peeples, Earl, Smith, Moore & Blank, P.A., Tallahassee, for appellees.


ROBERT P. SMITH, Jr., Chief Judge.

The Department of Corrections appeals from a DOAH hearing officer's order invalidating as an illicit rule, because it was not subjected to formal rulemaking processes under Section 120.54, the Department's program for the manufacture of metal signs by inmates of the correctional system. Section 945.06, Florida Statutes (1976 Supp.). The hearing officer found:

Here the Department has, apparently, not set forth its decision...

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