Francois v. Osterback

This case is before the court for the second time. The case involves a chai-*397lenge by Osterback to the Department of Health’s repeal of chapter 10D-7 of the Florida Administrative Code. In the first appeal, we determined: (1) repeal of the rule was rulemaking; and (2) repeal of Chapter 10D-7 was prima facie unlawful because of the Department’s failure to identify statutory authority for the rule. Osterback v. Agwunobi, 873 So.2d 437, 442 (Fla. 1st DCA 2004). Upon remand, the circuit court entered an order granting Osterback’s prayer for a declaratory judgment and finding that the Department…