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FINANCIAL SERVICES COMMISSION v. FLORIDA INSURANCE COUNCIL, INC.

Case No. 1D05-4379.

938 So.2d 545 (2006)

FINANCIAL SERVICES COMMISSION and the FINANCIAL SERVICES COMMISSION, OFFICE OF INSURANCE REGULATION, Appellants, v. The FLORIDA INSURANCE COUNCIL, INC., Appellee.

District Court of Appeal of Florida, First District.

Opinion filed August 15, 2006.

Attorney(s) appearing for the Case

James H. Harris, Assistant General Counsel, Office of Insurance Regulation, Tallahassee, for Appellants.

Cynthia S. Tunnicliff and Brian A. Newman of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellee.

PER CURIAM.

Appellants challenge a final order that found several of their proposed rules invalid exercises of delegated legislative authority pursuant to section 120.52(8)(a), Florida Statutes (2004), because they failed to follow applicable rulemaking procedures. Specifically, the Administrative Law Judge found the Financial Services Commission failed to fulfill its statutory duty under section 120.54(3)(a), Florida Statutes, as "agency head," to approve the proposed...

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