DEPARTMENT OF REVENUE, PETITIONER,
v.
SHERATON BAL HARBOUR ASSOCIATION, LTD., RESPONDENT
DEPARTMENT OF REVENUE, PETITIONER,
SHERATON BAL HARBOUR ASSOCIATION, LTD., RESPONDENT
864 So. 2d 454
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The Department of Revenue seeks a writ of prohibition to prevent the Division of Administrative Hearings (“DOAH”) from proceeding with Sheraton’s rule challenge to a repealed rule. The Department contends that section 120.56, Florida Statutes does not authorize a rule challenge to a rule that is no longer in existence, and therefore, DOAH is acting in excess of its jurisdiction. We agree and grant the petition. Because the court is confident that DOAH will promptly comply with this opinion, the court withholds formal issuance of the writ.
BARFIELD, ALLEN and DAVIS, JJ., concur.
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Off. OF Ins. Reg. & Fin. Servs. Comm'n v. Serv. Ins. Co., 50 So. 3d 637 (Fla. 1st DCA 2010)…n existing rule at any time during the existence of the rule.” § 120.56(3)(a) (emphasis added). This statute does not authorize a rule challenge to a rule that is no longer in existence. See id.; Dep’t of Revenue v. Sheraton Bal Harbour Ass’n, Ltd., 864 So. 2d 454 (Fla. 1st DCA 2003). Once a rule’s enabling statute is repealed, the rule itself automatically expires. Canal Ins. Co. v. Cont’l Cas. Co., 489 So. 2d 136, 138 (Fla. 2d DCA 1986) (citing Hulmes v. Div. of Ret., Dep’t of Admin., 418 So. 2d 269 (Fla. 1…