Legal Opinion

State, Department of Children & Family Services v. I.B.

District Court of Appeal of Florida

Decided January 31, 2005No. 1D04-0355PublishedCited by 9 opinions

1Opinion of the CourtBenton, J.

The Department of Children and Family Services (DCFS) appeals a final order which held that “Florida Administrative Code Rule 65C-16.008(2) is an invalid exercise of delegated legislative authority.” We affirm.

I.B. and D.B. brought the rule challenge below in connection with their efforts to adopt T.T., who, under their agreement with DCFS to provide substitute care for dependent children, resided in their home from February 2002 until on or about June 6, 2003. After a court order terminated T.T.’s biological parents’ parental rights, I.B. and D.B. filed an application to adopt T.T., which…

2Cases cited14 opinions

  1. SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.District Court of Appeal of Florida · 2000
  2. By v. Department of Children and FamiliesSupreme Court of Florida · 2004
  3. Fla. Dept. of Bus. Reg. v. Invest. Corp.Supreme Court of Florida · 1999
  4. STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.District Court of Appeal of Florida · 2001
  5. Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.District Court of Appeal of Florida · 2002

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3Cited by9 opinions

  1. Jason K. Behrens v. Jerry RegierCourt of Appeals for the Eleventh Circuit · 2005
  2. French v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2006
  3. Gopman v. Department of EducationDistrict Court of Appeal of Florida · 2005
  4. John Goodman v. Florida Department of Law EnforcementDistrict Court of Appeal of Florida · 2016
  5. State, Department of Financial Services v. Peter R. Brown Construction, Inc.District Court of Appeal of Florida · 2013

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