Legal Opinion

Times Publishing Co. v. Florida Department of Corrections

District Court of Appeal of Florida

Decided August 9, 1979No. OO-404Published

1Opinion of the Court

ROBERT P. SMITH, Jr., Acting Chief Judge.

*308Two newspaper publishers appeal, contesting the Department of Corrections’ Emergency Rule 33ER79-2, adopted July 16,1979. Sections 120.54(9)(a), .68(1), Florida Statutes (1978 Supp.). Commercial Consultants Corp. v. Dept. of Business Regulation, 363 So.2d 1162 (Fla. 1st DCA 1978). We have jurisdiction. Section 120.68(2).

At issue is the adequacy of the Department’s statement of “the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare” justifying an emergency rule. Section 120.-54(9)(a)3. The Department’s…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Pell v. ProcunierSupreme Court of the United States · 1974
  2. Saxbe v. Washington Post Co.Supreme Court of the United States · 1974
  3. Commercial Consultants Corp. v. DEPT. OF BUS. REGULATIONDistrict Court of Appeal of Florida · 1978
  4. Gadsden State Bank v. LewisDistrict Court of Appeal of Florida · 1977
  5. Postal Colony Co., Inc. v. AskewDistrict Court of Appeal of Florida · 1977

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