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STATE DEPT. OF HEALTH AND REHABILITATIVE SERV. v. FRAMAT REALTY, INC.

No. AB-496.

407 So.2d 238 (1981)

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. FRAMAT REALTY, INC. and Arthur M. Elliott, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 18, 1981.

Attorney(s) appearing for the Case

Steven W. Huss, Tallahassee, for appellant.

Michael Egan and Jane Heerema, of Roberts & Egan, Tallahassee, for appellees.

Stephen W. Metz, Tallahassee, for Florida Home Builders Ass'n, amicus curiae.

ROBERT P. SMITH, Jr., Chief Judge.

The Department of Health and Rehabilitative Services appeals an order by a hearing officer of the Division of Administrative Hearings declaring invalid the Department's 1979 rule governing septic tank use in residential subdivisions. Section 120.56, Fla. Stat. (1979). The hearing officer concluded that in promulgating the rule the Department both exceeded its statutory authority and failed to prepare an adequate statement of the...

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