Board of Trustees v. Support Terminals Operating Partnership, L.P.

ORDER ON APPELLEES’ MOTION TO DISMISS

When appellees challenged a rule the appellant agency proposed to adopt, an Administrative Law Judge (“ALJ”) invalidated one portion of the proposed rule, but declared its remaining provisions valid. On appeal, we affirmed in part and reversed in part, concluding that all of the proposed rule was an invalid exercise of delegated legislative authority. See Anderson Columbia Company, Inc. v. Board of Trustees of the Internal Improvement Trust Fund, 748 So.2d 1061 (Fla. 1st DCA 1999). Thereafter, the ALJ awarded appellees attorney’s fees and costs pursuant to…