DESERET RANCHES OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF ANIMAL INDUSTRY, APPELLEE
Explore caselaw by topic → Browse Unlawful Delegation Of Legislative Authority cases and more on FLexlaw
[*1017] PER CURIAM.
Appellee tested appellant’s horses for the disease Equine Infectious Anemia (EIA), pursuant to Chapter 5C-18, Rules and Regulations of the State of Florida. One hundred twenty-four horses had positive reaction to this test and were quarantined. This caused appellant to institute the underlying action for declaratory and injunctive relief, alleging the rules pertaining to EIA are unconstitutional. Appellant also challenges section 585.671, Florida Statutes, as being an unlawful delegation of legislative authority to an administrative agency and an unlawful exercise of the state’s police power. There has been no showing that there exists an administrative remedy which could grant appellant the requested relief. Therefore, the doctrine that administrative remedies must first be exhausted does not apply. Cherry v. Bronson, 384 So. 2d 169 (Fla. 5th DCA 1980). See E. T. Legg & Co. v. Franza, 383 So. 2d 962 (Fla. 4th DCA 1980). It would be pointless to require appellant to endure the time and expense of a full administrative proceeding. Franza at 964. See Gulf Pines Memorial Park v. Oaklawn Memorial, 361 So. 2d 695 (Fla.1978).
We quash the order dismissing appellant’s complaint and remand this matter to the trial court for further proceedings.
ORDER QUASHED AND REMANDED.
ORFINGER, COBB, JJ., and CLARK, HAROLD R., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)…las Corp., 409 So. 2d 530 (Fla. 1st DCA 1982); Northeast Airlines, Inc. v. Weiss, 113 So. 2d 884 (Fla. 3d DCA 1959), cert. denied, 116 So. 2d 772 (Fla.1959); Deseret Ranches of Florida, Inc. v. State, Department of Agriculture and Consumer Services, 392 So. 2d 1016 (Fla. 1st DCA 1981); Department of Transportation v. Morehouse, 350 So. 2d 529 (Fla. 3d DCA 1977); cert. denied, 358 So. 2d 129 (Fla.1978); General Care Corp. v. Forehand, 329 So. 2d 49 (Fla. 1st DCA 1976). . 2 Cooper, State Administrative Law 577…
-
Monroe Cnty. v. Florentino Gonzalez, 593 So. 2d 1143 (Fla. 3d DCA 1992)…o need for the property owner to exhaust this administrative remedy prior to going to court to seek relief from the confiscatory regulation. Deseret Ranches of Florida, Inc. v. State Dept. of Agriculture & Consumer Services, Div. of Animal Industry, 392 So. 2d 1016 (Fla. 5th DCA 1981); Cook v. Di Domenico, 135 So. 2d 245 (Fla. 3d DCA 1961); City of Holly Hill v. State ex rel. Gem Enterprises, Inc., 132 So. 2d 29, 31 (Fla. 1st DCA 1961); Mayflower Property, Inc. v. City of Fort Lauderdale, 137 So. 2d 849 (Fla.…
Authorities Cited
- Gulf Pines Mem'l Park, Inc. v. Oaklawn Mem'l Park, Inc., 361 So. 2d 695 (Fla. 1978)
- E. T. Legg & Co. v. The Honorable Arthur Franza, 383 So. 2d 962 (Fla. 4th DCA 1980)
- Cherry v. Bronson, 384 So. 2d 169 (Fla. 5th DCA 1980)