DEPT. OF TRANSP. v. BLACKHAWK QUARRY CO. OF FLA., INC.

No. 87-1336.

528 So.2d 447 (1988)

DEPARTMENT OF TRANSPORTATION, Appellant, v. BLACKHAWK QUARRY COMPANY OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 20, 1988.


Attorney(s) appearing for the Case

Gregory G. Costas, Appellate Atty., and Thomas H. Bateman, III, General Counsel, Tallahassee, for appellant.

Harold F.X. Purnell of Oertel & Hoffman, P.A., Tallahassee, for appellee.


SHARP, Chief Judge.

This appeal presents the question of whether two Department of Transportation (DOT) pronouncements are administrative rules and thus invalid because they were not promulgated in accordance with our Administrative Procedure Act (APA), specifically section 120.54, Florida Statutes (1987). Blackhawk Quarry Company of Florida, Inc. filed a petition pursuant to section 120.56, Florida Statutes, to invalidate the provisions as rules. The Department of...

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