Rule-challenge Standing After NAACP, Inc. v. Florida Board of Regents

To challenge a rule or proposed rule in Florida, you have to prove that you will be directly affected by it. This means showing that the rule will cause you a real and immediate injury, and that your interest is related to the rule. If you’re part of a group challenging the rule, you also need to show that many of your group members will be affected, and that the rule is related to your group’s interests. This test was made clearer by a recent Florida Supreme Court decision. Before that, the test was simpler but not as clear. The “zone of interest” analysis is a legal concept used to determine if a person or group has the right to challenge a rule or regulation. It originated in a case involving a chemical company and the Department of Environmental Regulation. In a different case, the NAACP challenged amendments to rules for student admissions at Florida’s higher education institutions. The court ultimately dismissed the challenge, ruling that the NAACP did not have standing to bring the case. This decision was based on a previous case involving professional associations, which the court felt did not apply to the NAACP.

Source: https://www.floridabar.org/the-florida-bar-journal/rule-challenge-standing-after-naacp-inc-v-florida-board-of-regents/