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APALACHEE REG. PLANNING COUN. v. BROWN

No. 88-2962.

546 So.2d 451 (1989)

APALACHEE REGIONAL PLANNING COUNCIL, Appellant, v. Gene BROWN, d/b/a Leisure Properties, Ltd. and Leisure Properties, Ltd., a Florida Partnership, Appellees.

District Court of Appeal of Florida, First District.

July 13, 1989.

Attorney(s) appearing for the Case

Linda Loomis Shelley and Tommy E. Roberts, Jr., of Dixon, Blanton & Shelley, Tallahassee, for appellant.

Gene D. Brown, Tallahassee, for appellees.

SHIVERS, Chief Judge.

We review a final judgment entered October 24, 1988 declaring Fla. Admin. Code Rule 29L-2.02 (now Rule 29L-2.002) as promulgated under chapter 160 (now sections 186.501-186.513, Fla. Stat. (1987)), unconstitutional as an unlawful delegation of legislative power. "Unlawful delegation refers to the power to make a law rather than the authority as to its execution... ." Jones v. Department of Revenue, 523 So.2d 1211

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