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DEPARTMENT OF CORRECTIONS v. HARGROVE

No. 92-725.

615 So.2d 199 (1993)

DEPARTMENT OF CORRECTIONS, Appellant, v. W. Gerry HARGROVE, Jr., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Claire D. Dryfuss, Asst. Atty. Gen., Tallahassee, for appellant.

Appellee, pro se.

WOLF, Judge.

The Department of Corrections (DOC) appeals from a determination by a hearing officer of the Division of Administrative Hearings that proposed rule 33-5.006(8)(c), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority. The hearing officer determined that the restrictions on prison visitation promulgated within the proposed rule were unnecessary to protect the security, order, or rehabilitative objectives of the...

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