Legal Opinion

State, Department of Revenue v. Central Dade Malpractice Trust Fund

District Court of Appeal of Florida

Decided May 7, 1996No. Nos. 95-2159, 95-3142PublishedCited by 8 opinions

1Opinion of the Court

DAVIS, Judge.

In the first of these consolidated eases, the State of Florida appeals the final order of the Hearing Officer, invalidating Rule 12B-8.001(5), Florida Administrative Code, as an invalid exercise of delegated legislative authority. In the second, Central Dade Malpractice Trust Fund appeals1 the final order of the Department of Revenue, upholding an audit assessing additional insurance premium tax, a penalty and interest, and rejecting a separate recommended order by the same hearing officer. The Hearing Officer’s recommended order concluded that Central Dade Malpractice Trust Fund…

2Cases cited2 opinions

  1. St. Petersburg Bank & Trust Co. v. HammSupreme Court of Florida · 1982
  2. DEPT. OF PROF. REG., BD. OF MEDICAL v. DurraniDistrict Court of Appeal of Florida · 1984

3Cited by8 opinions

  1. Shawn Ahearn, on behalf of himself and all etc. v. Mayo Clinic, a Florida Corporation Mayo etc.District Court of Appeal of Florida · 2015
  2. Okaloosa County v. CusterDistrict Court of Appeal of Florida · 1997
  3. In re Heartland Payment Systems, Inc.District Court, S.D. Texas · 2011
  4. Nationwide Mut. Fire Ins. Co. v. HildDistrict Court of Appeal of Florida · 2002
  5. Perreault v. StateDistrict Court of Appeal of Florida · 2016

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