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.

The issues for consideration in this case concern the petition and challenge to the validity of Rule 7D-32.001(4); Rule 7D-32.003 and Rules 7D- 32.004(1) and (2), Florida Administrative Code. The basis for the challenge is premised upon an alleged vagueness, inadequacy in the establishment of standards for agency decisions, the vesting of unbridled discretion in the agency and the contention that the rules are arbitrary and capricious.Preamble to Rules held invalid as they enlarge 723.037(3)FS. Rule 7D-32.001 (4),7D-3.32.004(1) and balance of 7D-32.003 upheld.

Upon due notice, formal hearing was held in this cause before Ella Jane P. Davis, a duly designated hearing officer of the Division of Administrative Hearings, on March 21, 1988, in Tallahassee, Florida. APPEARANCES For Petitioner: David D. Eastman, Esquire Post Office Box 669Proposed rule held invalid because ""substantially"" cannot be determined in a four sub-part listing

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.

No violation by mobile home park for failure to deliver approved prospectus. Violations for failure to file advertising and for false, misleading ads.

Respondent ordered to pay fine because they failed to honor the right of a time share purchaser to cancel the purchase contract and receive an appropriate refund.