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MORELAND v. AGENCY FOR PERSONS WITH DISABIL.

No. 1D08-4353.

19 So.3d 1009 (2009)

Geraud L. MORELAND, (II), through his next friend Geraud L. MORELAND, Sr., Kenneth Gibson, through his next friend Dianna McCullough, Collin Cone, through his next friend Sherry Vardas, Will Baker, Jr., by and through his next friend Richard Martin, and the Advocacy Center for Persons with Disabilities, Inc., Appellants, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 8, 2009.

Attorney(s) appearing for the Case

Gigi Rollini of Holland and Knight LLP, Tallahassee; Steven L. Brannock of Brannock & Humphries, Tampa; and Christine Fuqua Gay of Holland & Knight LLP, Jacksonville, for Appellants.

Cynthia A. Mikos of Allen Dell, PA, Tampa, Amicus Curiae for ARC of Florida, Hillsborough Achievement and Resources Center, Autism Society of America, Autism Society of Greater Florida, Florida's Voice on Developmental Disabilities and Parent to Parent of Miami.

John D.C. Newton, II, General Counsel, Brian F. McGrail, Senior Attorney, and Jonathan Grabb of Agency for Persons with Disabilities, Tallahassee, for Appellee.

WOLF, J.

Appellants challenge an administrative order which found that a series of proposed rules promulgated by the Agency for Persons with Disabilities (the Agency), creating a four-tiered system for Medicaid waiver benefits, was a valid exercise of delegated legislative authority. We find that the administrative law judge erred in finding the proposed rules are valid because (1) the Agency failed to demonstrate it adopted...

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