ROY EUGENE CRADDUCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
AFFIRMED.
On petition for rehearing appellant says the principal question here is the same as in State v. Lewis, Fla. 4th DCA, Case No. 76-2712, 352 So. 2d 93 and therefore the issue resolved by us is one of great public interest and should be certified to the Supreme Court which has accepted jurisdiction in State v. Lewis, supra.
We agree and hereby certify to the Supreme Court the decision in this case passes upon the same question of great public interest as in State v. Lewis, our Case No. 76-2712, 352 So. 2d 93, Supreme Court Case No. 52,610 which is:
Whether the speedy trial time provisions of Fla.R.Crim.P. 3.191 (b)(1) applies to a defendant who, after being arrested or charged, is thereafter imprisoned on an unrelated charge?
The petition for rehearing is otherwise denied.
CROSS, DOWNEY and DAUKSCH, JJ., concur.
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Anheuser-Busch, Inc. v. Dep't OF Bus. Reg., 393 So. 2d 1177 (Fla. 1st DCA 1981)…order to rely on or refer to emerging policy not recorded in rules or discoverable precedents, Section 120.53(2), that policy must be established and may be challenged by proof. (346 So. 2d at 582.) See also State Dept, of Administration v. Harvey, 356 So. 2d 323, 326 (Fla.1977): To the extent Division policy is not incorporated in regularly adopted rules, the Division may be required by any disappointed applicant to defend its policy in a Section 120.57 proceeding where the Division will be required to pre…
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Barker v. Bd. of Med. Exam'rs, 428 So. 2d 720 (Fla. 1st DCA 1983)…upon an agency which avoids the rulemak-ing procedure provided by section 120.54, chief among those being that the agency may be required repeatedly to defend its nonrule policy decisions in each case. State, Department of Administration v. Harvey, 356 So. 2d 323, 326 (Fla. 1st DCA 1977). Different standards of review are now applied to test the validity of an agency’s nonrule action, and they stem largely from our seminal decision in McDonald v. Department of Banking and Finance, 346 So. 2d 569 (Fla. 1st D…
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Dep't of Prof'l Reg. v. Fla. Soc'y OF Prof'l Land Surveyors, 475 So. 2d 939 (Fla. 1st DCA 1985)…y statements are of such a general and consistent nature as to meet the definition of a rule, the statements must be promulgated in accordance with the provisions of section 120.54 governing rulemaking. State, Department of Administration v. Harvey, 356 So. 2d 323 (Fla. 1st DCA 1978); Price Wise Buying Group v. Nuzum, 343 So. 2d 115 (Fla. 1st DCA 1977). The power to issue such declaratory statements carries with it the implied power to define engineering surveys, whether or not that amounts to rulemaking. We…1 / 2
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- State v. Lewis, 352 So. 2d 93 (Fla. 4th DCA 1977)