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STATE v. CENT. DADE MALPRAC. TRUST FUND

Nos. 95-2159, 95-3142.

673 So.2d 899 (1996)

STATE of Florida, DEPARTMENT OF REVENUE, Appellant, v. CENTRAL DADE MALPRACTICE TRUST FUND, Appellee.

District Court of Appeal of Florida, First District.

May 7, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Jeffrey M. Dikman and C. Lynne Overton, Assistant Attorneys General, Tallahassee, for Appellant.

Bradford Swing and Curtis H. Sitterson of Stearns, Weaver, Miller, Weissler, Miami, for Appellee.

DAVIS, Judge.

In the first of these consolidated cases, the State of Florida appeals the final order of the Hearing Officer, invalidating Rule 12B-8.001(5), Florida Administrative Code, as an invalid exercise of delegated legislative authority. In the second, Central Dade Malpractice Trust Fund appeals 1 the final order of the Department of Revenue, upholding an audit assessing additional insurance premium tax, a penalty and interest,...

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