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DEPT. OF ADMIN., DIV. OF RETIRE. v. ALBANESE

No. AR-108.

445 So.2d 639 (1984)

DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, Appellant, v. Lucy ALBANESE, et al., Appellees.

District Court of Appeal of Florida, First District.

February 13, 1984.

Attorney(s) appearing for the Case

Augustus D. Aikens, Jr., Dept. of Admin., Tallahassee, for appellant.

M. Terry McNab, Tallahassee, for appellees.

ZEHMER, Judge.

The Department of Administration (Department), Division of Retirement (Division), appeals a final order determining that the Department's rule 22B-2.02(4)(c)3 constitutes an arbitrary and invalid exercise of delegated legislative authority. We affirm.

Appellees are thirty-three school food service workers employed by the state in "regularly established positions."1 As such, they are compulsory members of the Florida...

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