Division of Administrative Hearings, Florida
Filed: Dec. 18, 2008
The issue in this case is whether paragraphs (2)(a) and (5), of Florida Administrative Code Rule 14-100.004, constitute an invalid exercise of delegated legislative authority because these paragraphs of the Rule enlarge, modify, or contravene the law implemented and are arbitrary and capricious.Petitioner failed to prove that Florida Administrative Code Rule 14-100.004(2)(a) and (5) is an invalid exercise of delegated legislative authority. The Rule is consisent with the law implemented and is not arbitrary or capricious.