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STATE, ETC. v. OFFICE OF COMPTROLLER

No. 81-1387.

416 So.2d 820 (1982)

STATE of Florida, DEPARTMENT OF CITRUS, Appellant, v. OFFICE OF the COMPTROLLER and the Department of Banking and Finance of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 7, 1982.

Attorney(s) appearing for the Case

J. Hardin Peterson, Jr., of Peterson, Myers, Craig, Crews, Brandon & Mann, P.A., Lakeland, for appellant.

Walter W. Wood, Asst. Gen. Counsel, Tallahassee, for appellee.

OTT, Judge.

In this appeal, we are asked to invalidate a revision to rule 3A-40.101, Florida Administrative Code, as it specifically applies to the Department of Citrus (DOC) and its Florida Citrus Advertising Trust Fund (citrus fund). This revision has previously been challenged unsuccessfully at the administrative level. We have jurisdiction pursuant to sections 120.56 and 120.68, Florida Statutes (1981), and Florida Rule of Appellate Procedure 9.030(b), (c).

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