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BUILDING COM'N v. POOL AND SPA ASS'N INC.

No. 1D03-1037.

871 So.2d 936 (2004)

FLORIDA BUILDING COMMISSION, Appellant, v. FLORIDA POOL AND SPA ASSOCIATION, INC., and Mark Rodrigue, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 6, 2004.

Attorney(s) appearing for the Case

James L. Richmond, Assistant General Counsel, Department of Community Affairs, Tallahassee, for Appellant Florida Building Commission.

Fred R. Dudley and Robert J. Telfer, III, of Akerman Senterfitt, Tallahassee, for Appellee Florida Pool and Spa Association, Inc.

Steve Pfeiffer, David A. Theriaque and S. Brent Spain, of Theriaque & Pfeiffer, P. A., Tallahassee, for Appellee Mark Rodrigue.

PER CURIAM.

Appellant Florida Building Commission appeals the Administrative Law Judge's order invalidating Florida Building Code section 424.2.17.1.9, adopted by the Commission in 2001, based upon an interpretation of section 13, chapter 2001-372, Laws of Florida. The Commission argues, in part, that the ALJ erred in interpreting section 13, chapter 2001-372 as giving effect to the rules the Commission adopted on November 28, 2000, and, therefore, evidencing the...

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