District Court of Appeal of Florida

A ruling, that a school board's recommendation to a county council to increase the school impact fee constituted either the enactment of a rule or the amendment of a pre-existing rule, is reversed where: 1) the school board's action was not a rule because it did not adversely affect any of petitioner's substantive rights, did not require compliance on the part of the county council or petitioner, and did not have the direct and consistent effect of law; and 2) petitioner lacked standing to challenge the school board's action.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• THOMPSON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Stephen H. Grimes and Lawrence N. Curtin, of Holland & Knight LLP, Tallahassee, and F.A. Ford, Jr. of Landis, Graham, French, P.A., Deland, for Appellant.


• For Appellees:
  
• C. Allen Watts, of Cobb & Cole, P.A., Deland, for Appellee.