The issues presented for decision are whether Respondents discriminated against Petitioner Elizabeth C. O'Donnell because of her disability in violation of the Fair Housing Act.Petitioner failed to demonstrate that her complaint against a voluntary homeowners` association constituted a case under the Fair Housing Act.

The issue in this case is whether the Respondent's proposed rule 7D-31.002 is an invalid exercise of delegated legislative authority. The Petitioners and the Intervenor MLH Property Managers, Inc., contend that the rule is invalid. The Respondent and the Intervenor Federation Of Mobile Home Owners Of Florida contend the proposed rule is valid.Proposed rule is invalid. Stare decisis applies in rule challenge cases. Constitutionality of proposed rules can still be challenged.

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on May 3-4, 1988, in Tallahassee, Florida. Petitioner Florida Manufactured Housing Association, Inc., was represented by David D. Eastman, Esquire, Tallahassee, Florida; Respondent Department of Business Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes was represented by Thomas Presnell, Jr., Esquire, and Debra Roberts, Esquire, Tallahassee, Florida; and Intervenor Federation of Mobile Home Owners of Florida, Inc., was represented by Lee Jay Colling, Esquire, Orlando, Florida. Petitioner Florida Manufactured Housing Association, Inc., timely filed a petition pursuant to Section 120.54(4), Florida Statutes, seeking a determination that Respondent's proposed rule 7D-31.002 is an invalid exercise of delegated legislative authority. Respondent's first motion to dismiss was granted, and Petitioner timely filed an amended petition. Petitioner and Respondent stipulated that the Intervenor had standing to intervene in this proceeding in support of the proposed rule. Accordingly, the issue for determination herein is whether Respondent's proposed rule 7D-31.002 is an invalid exercise of delegated legislative authority. Petitioner presented the testimony of Frank Williams, Leonard Jeter, Jack Ziegler, James F. Gould, William Michael Hart II, Bob Custer, and Faye Mayberry. Respondent presented the testimony of Bill Williams. Additionally, Petitioner's Exhibits numbered 1-21 and Respondent's Exhibits numbered 1-3 were admitted in evidence.Classic example of proposed rules invalid under every criterion and obviously unconstitutional.