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Rule-challenge standing after NAACP, Inc. v. Florida Board of Regents.
From:
Florida Bar Journal
| Date:
March 1, 2004| Author:
| COPYRIGHT 2004 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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There are more general0 guidelines than bright lines in the case law on standing to challenge the validity of proposed or existing administrative rules under F.S. [section] 120.56. With the Florida Supreme Court's recent decision in NAACP, Inc. v. Florida Board of Regents, 28 Fla. L. Weekly $815 (November 13, 2003), it is worthwhile to reconsider this subject, and the extent to which NAACP makes matters more or less clear, or maintains the status quo.
Test for Rule-challenge Standing in General
F.S. [section] 120.56(1)(a) provides that "[a]ny person substantially affected ...
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