Florida Department of Transportation v. Foster & Kleiser, Inc.

BOYER, Acting Chief Judge.

DOT appeals an administrative order invalidating Fla.Admin.Code Rule 14-10.06 on the grounds that the proposed rule was not filed with the Department of State within 45 days after publication in the Florida Administrative Weekly, in violation of Section 120.54(ll)(b), Fla.Stat. (Supp.1976). DOT argues here, as it did before the hearing officer, that violations of the time frames provided for in Section 120.54 do not require invalidation unless the agency’s action impairs the fairness of the proceeding or the correctness of the action, relying on Section 120.68(8),…