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GARRISON v. DEPT., HLTH. & REHABIL.

No. 93-4235.

662 So.2d 1374 (1995)

GARRISON CORPORATION, INC., d/b/a Smoke & Snuff and Mackoul Distributors, Inc., Appellants/Cross-Appellees, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, American Cancer Society and American Lung Association, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

November 27, 1995.

Attorney(s) appearing for the Case

John French and Robert S. Cohen of Pennington & Haben, Tallahassee, for appellants/cross-appellees.

William A. Frieder, Assistant General Counsel, Department of Health and Rehabilitative Services, Tallahassee, for appellees/cross-appellants.

WENTWORTH, Senior Judge.

This is an appeal from a final order of the Division of Administrative Hearings, reviewing the validity of proposed rules related to Part II of Chapter 386, Florida Statutes, the Florida Clean Indoor Air Act (the Act). After a formal hearing on the merits pursuant to section 120.54(4), Florida Statutes, the hearing officer held that the Appellant Garrison was without standing to challenge the proposed rules. Citing a prehearing stipulation...

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