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Let's Help Florida v. Smathers

360 So. 2d 496 (Fla. Dist. Ct. App. 1978)
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Let's Help Florida v. Smathers

4 Citing cases

  1. Golden Rule Ins. v. Dept. of Ins. Co.

    586 So. 2d 429 (Fla. Dist. Ct. App. 1991)   Cited 4 times

    On prior occasions this court has invalidated emergency rules based on reasons which, upon analysis, we found were rooted in avoidable administrative failure and/or inaction. Postal Colony Co., Inc. v. Askew, 348 So.2d 338, 342 (Fla. 1st DCA 1977), aff'd sub nom. Askew v. Cross Key Waterways, 372 So.2d 913 (Fla. 1978); Let's Help Florida v. Smathers, 360 So.2d 496 (Fla. 1st DCA 1978). We find no meaningful distinction between the reasons given by the agency for Rule 4ER91-1 and the reasons rejected by this court in the Postal Colony and Let's Help Florida decisions.

  2. Cianbro Corp. v. Jacksonville Transp

    473 So. 2d 209 (Fla. Dist. Ct. App. 1985)   Cited 7 times
    In Cianbro Corp. v. Jacksonville Transportation Authority, 473 So.2d 209 (Fla. 1st DCA 1985), we recognized that, "[t]he legislature has provided a comprehensive scheme for resolving protests arising from the contractual bidding process" and that "[t]his scheme envisions that all contract awards will be stayed until the protest is resolved."

    " Postal ColonyCompany, Inc. v. Askew, 348 So.2d 338, 342 (Fla. 1st DCA 1977). See also, Lets Help Florida v. Smathers, 360 So.2d 496, 497 (Fla. 1st DCA 1978) (". . . an avoidable administrative failure . . . does not justify the adoption of an emergency rule. . . .") JTA does not dispute petitioners' assertion that under 33 C.F.R. Section 114.45, an extension of the Coast Guard bridge permit may be obtained.

  3. Cianbro Corp. v. Jacksonville Transp

    473 So. 2d 206 (Fla. Dist. Ct. App. 1985)   Cited 2 times

    This cause is hereby remanded to JTA with directions that the petitioners' protests be referred to the Department of Administrative Hearings forthwith, for expedited proceedings pursuant to Section 120.57(1) and other proceedings consistent with Section 120.53. An opinion more fully outlining the facts and issues, and explaining the rationale for our decision will be issued at a later date. In determining the insufficiency of JTA's "Notice Regarding Contract Award Process," we rely, in part, upon prior decisions of this court, including Postal Colony Co., Inc. v. Askew, 348 So.2d 338 (Fla. 1st DCA 1977); Florida Home Builders Association v. Division of Labor, 355 So.2d 1245 (Fla. 1st DCA 1978); Let's Help Florida v. Smathers, 360 So.2d 496 (Fla. 1st DCA 1978); Commercial Consultants Corp. v. Department of Business Regulation, 363 So.2d 1162 (Fla. 1st DCA 1978); and upon the reasons stated and authorities mentioned in the foregoing decisions. ERVIN, C.J., and SMITH and WIGGINTON, JJ., concur.

  4. Krajenta v. Division of Workers' Compensation, Department of Labor & Employment Security

    376 So. 2d 1200 (Fla. Dist. Ct. App. 1979)   Cited 4 times
    Finding that emergency rule was not adopted in accordance with requirements of chapter 120 and explaining, among other things, that the amendments to chapter 440 "are clear enough in themselves" and "the absence of said rules on the effective date of the amendments just as certainly did not constitute an `immediate danger to the public health, safety and welfare'"

    Because of the accelerated process, not only may emergency rules be appealed directly, without exhaustion of administrative remedies, Times Publishing Co. v. Florida Department of Corrections, supra, but the courts, in the few instances in which the issue has arisen, have not been hesitant in striking down emergency rules which were not adopted in strict compliance with Section 120.54(9). Times Publishing Co. v. Florida Department of Corrections, supra; Let's Help Florida v. Smathers, 360 So.2d 496 (Fla. 1st DCA 1978); Postal Colony Co., Inc. v. Askew, supra. Cf. Calder Race Course v. Board of Business Regulation, 319 So.2d 67 (Fla. 1st DCA 1975). An agency may adopt an emergency rule if (1) it finds that an immediate danger to the public health, safety or welfare exists, and (2) it files with the Department of State, at the time of its action, a statement meeting the requirements of Section 120.54(9)(a)(3), Fla. Stat. (1977).