Division of Administrative Hearings, Florida
Filed: Mar. 14, 2008
Whether the Respondent's Proposed Rule 61D-11.012(5)(d) constitutes an invalid exercise of delegated legislative authority pursuant to Section 120.52(8)(c) and (e), Florida Statutes, as set forth in the Petition Challenging the Validity of Proposed Rule 61D-11.012(5)(d) filed March 14, 2008.Proposed Rule 61D-11.012(5)(d) contravened provisions of Section 849.086(7)(b) and is arbitrary. The proposed rule is, therefore, an invalid exercise of delegated legislative authority.
