KUSTER ENTERPRISES, INC., A FLORIDA CORPORATION, PETITIONER,
v.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, RESPONDENT
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The court held that the Department of Transportation's denial of a permit for hauling 14-foot wide prefabricated pools, while allowing similar widths for boats and mobile homes, requires further fact-finding to determine if it violates equal protection.
Kuster petitioned for a rule-making order to allow hauling of 14-foot wide prefabricated pools, which DOT denied, citing a general 12-foot limit for l…
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PER CURIAM.
Kuster files its petition for review from an order of DOT refusing Kuster’s rule making petition which would have permitted the hauling of 14 feet wide prefabricated pools. The order of denial stated generally that with the single exception of boats, the Department’s position had been consistent throughout the years limiting permits for overweight loads to a maximum of twelve feet. DOT in its brief also admitted that it had recently adopted an emergency rule allowing permit applications for the hauling of mobile modular homes, the width of which is from twelve feet to fourteen feet. Fla.Admin.Code Rule 14ER77.
Kuster argues that DOT’s allowance of fourteen feet wide boats and mobile homes on Florida highways and its denial of such permits to manufacturers of prefabricated swimming pools of similar size is a denial of equal protection of the laws. DOT, however, asserts a rational basis for its permitting practices.
This court cannot adjudicate Kuster’s claim in the absence of certain facts not addressed by DOT’s order. These facts should include but not necessarily be limited to a resolution of the following questions: What significant distinctions are present in the dimensions of fourteen feet wide boats and mobile homes which are permitted upon the highways which are not present in the width dimensions of fourteen feet prefabricated swimming pools? What additional burdens would be placed upon Florida highways by issuing a permit such as requested by Kuster?
We therefore remand under authority of Section 120.68(6), Florida Statutes (Supp. 1976), for a fact finding proceeding of these disputed facts. DOT shall then enter an order setting forth separate findings of fact and conclusions of law as required by Section 120.59, Florida Statutes (1975).
BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.
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Sullivan v. Nw. Fla. Water Mgmt. Dist., 490 So. 2d 140 (Fla. 1st DCA 1986)…g proceeding. Hence, under the authority of section 120.68(6), Florida Statutes, we remand for such a hearing. Garrido v. State Department of Health, 386 So. 2d 811 (Fla. 1st DCA 1980); Kuster Enterprises, Inc. v. State Department of Transportation, 347 So. 2d 1092 (Fla. 1st DCA 1977). On remand, the hearing officer, and ultimately DER, in the event an inquiry into the zone of interest is deemed necessary upon consideration of the appellants asserted injury in fact, are to assess the appellants’ claims in the…
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Kuster Enters., Inc. v. State, 357 So. 2d 794 (Fla. 1st DCA 1978)…ying its petition for proposed rule-making allowing the transport of .its 14-feet wide prefabricated swimming pools. We earlier remanded for the finding of additional facts, Kuster Enterprises, Inc. v. State of Florida, Department of Transportation, 347 So. 2d 1092 (Fla. 1st DCA 1977), and the parties have now entered into a stipulation of facts. DOT has permitted the transportation of 14-feet wide boats since 1967. Mobile homes of the same width have been permitted by DOT since December, 1976, on a trial bas…
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Best W. Tivoli INN & Simms Enters., Inc. v. Dep't OF Transp., 448 So. 2d 1052 (Fla. 1st DCA 1984)…rrection where the hearing is not complete or in accordance with the rules of due process, but there is no provision which suggests that the agency should make a new judgment upon the evidence. . Kuster Enterprises, Inc. v. Dept. of Transportation, 347 So. 2d 1092 (Fla. 1st DCA 1977); Postal Colony Co., Inc. v. Askew, 348 So. 2d 338, 339 (Fla. 1st DCA 1977); Garrido v. Dept. of Health and Rehabilitative Services, 386 So. 2d 811 (Fla. 1st DCA 1980); Florida Dept. of Transportation v. J.W.C. Co., Inc., 396 So.…
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