Division of Administrative Hearings, Florida
Filed: Mar. 24, 2015
This is a rule challenge brought pursuant to section 120.56, Florida Statutes,1/ to the Proposed Rules of the Department of Health (“Department” or “DOH”) 64-4.001, 64-4.002, 64-4.004, and 64-4.005 (the “Proposed Rules”). The main issue in this case is whether the Proposed Rules are an invalid exercise of delegated legislative authority in that the Proposed Rules enlarge, modify, or contravene the specific provisions of law implemented, section 381.986, Florida Statutes; are vague; and/or are arbitrary and capricious. Petitioner also argues that the Proposed Rules impose regulatory costs that could be addressed by the adoption of a less costly alternative. Finally, Petitioner asserts that the Department materially failed to follow the applicable rulemaking procedures and requirements in its promulgation of the Proposed Rules.The challenged rules regulating low-THC cannabis do not constitute an invalid exercise of delegated legislative authority.
