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DEPT. OF HRS v. ACADEMIC NONPUBLIC SCHOOLS

No. BQ-157.

510 So.2d 1028 (1987)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. FLORIDA ASSOCIATION OF ACADEMIC NONPUBLIC SCHOOLS, Jacksonville Country Day, School and the Cushman School, Appellees.

District Court of Appeal of Florida, First District.

July 21, 1987.

Attorney(s) appearing for the Case

B. Elaine New, Asst. Gen. Counsel, Tallahassee, for appellant.

W. Dexter Douglass and Sherry A. Spiers, Tallahassee, and Harold D. Smith, Hollywood, for appellees.

THOMPSON, Judge.

The Department of Health and Rehabilitative Services (HRS) appeals a final order determining that Fla. Admin. Code Rule 10M-12.001, a proposed rule amendment which defines the term "integral programs" as it is used in the statutory definition of "child care facilities" of § 402.302 Fla. Stat. (1985), constitutes an arbitrary and invalid exercise of delegated legislative authority. We affirm.

Chapter 402, Florida Statutes, provides for...

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