Opinion

Office of Insurance Regulation v. AIU Insurance

926 So. 2d 479
2006 Fla. App. LEXIS 5851
2006 WL 1058169

Court: District Court of Appeal of Florida
Filed: Apr 24, 2006
Status: Published
On the bench: Barfield, Browning, Thomas
Cited by: 0 cases
Authority: More cited than 1.1%

The opinion

PER CURIAM.

The Administrative Law Judge erred in concluding that the appellees had demonstrated standing to challenge proposed rule 690-170.013(7), Fla. Admin. Code. While the interests of the appellees are arguably within the zone of interests to be regulated by the proposed rule, the appel-lees did not demonstrate that application of the proposed rule will result in a real and sufficiently immediate injury in fact to afford them standing to challenge the proposed rule. See Florida Board of Medicine v. Florida Academy of Cosmetic Surgery, Inc., 808 So.2d 243 (Fla. 1st DCA 2002). The other issues are mooted by this determination. The final order is REVERSED.

BARFIELD, BROWNING, and THOMAS, JJ., Concur.

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