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DEPARTMENT OF CORRECTIONS v. PICCIRILLO

Nos. AY-487, AZ-336.

474 So.2d 1199 (1985)

DEPARTMENT OF CORRECTIONS, Appellant, v. Gary M. PICCIRILLO and Winston Lloyd, Appellees. DEPARTMENT OF CORRECTIONS, Appellant/Cross-Appellee, v. Joe Lewis HOLLAND and Douglas L. Adams, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Granted in Part August 22, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Randall A. Holland, Asst. Atty. Gen., Tallahassee, for appellant, cross-appellee.

Joe Lewis Holland and Douglas L. Adams, pro se.

SHIVERS, Judge.

Appellant, Department of Corrections, appeals two final orders of the Division of Administrative Hearings holding certain portions of Union Correctional Institution's Operating Procedure No. 81-6 to be invalid rules, not promulgated pursuant to section 120.54, Florida Statutes. Appellees Holland and Adams cross-appeal that portion of the Division's ruling in Case No. AZ-336 finding legislative authority for Rule 33-3.06(5)(b), F.A.C. We reverse both...

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