
    Robert Anthony SAVONA, D.O.; John F. Hull, D.O.; and Robert L. Kagan, M.D., on behalf of themselves and all other persons similarly situated, Appellants, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.
    No. 98-770.
    District Court of Appeal of Florida, First District.
    Sept. 28, 1998.
    M. Stephen Turner and David K. Miller of Broad and Cassel, Tallahassee, for Appellants.
    Gordon B. Scott, Senior Attorney, and William H. Roberts, Deputy General Counsel, Agency for Health Care Administration, Tallahassee, for Appellee.
   PER CURIAM.

This cause is before us on appeal from a final order of the Administrative Law Judge denying Appellants’ petition for determination of invalidity of non-rule policy. We hold that Appellee, the Agency for Health Care Administration, had neither adopted a rule prior to implementing a new policy nor published notice of a proposed rule prior to the entry of the final order, as required by section 120.56(4)(e), Florida Statutes. Therefore, we REVERSE the order below and REMAND for further consideration of the petition and proceedings consistent herewith.

ERVIN, BOOTH and VAN NORTWICK, JJ., concur.  