Division of Administrative Hearings, Florida
Filed: Aug. 24, 1995
The issues for determination in this case are whether certain provisions of the 1993 Florida Utility Accommodation Manual which have been adopted by Respondent, the FLORIDA DEPARTMENT OF TRANSPORTATION, as rules by reference in Rule 14-46.001(3), Florida Administrative Code, constitute invalid exercises of delegated legislative authority. The specific provisions of the 1993 Florida Utility Accommodation Manual which are at issue include the definitions of "utility" and "utility facilities" (page 4), the "no monetary gain" provision (page 7), and the "joint use" provision (page 12). In addition, Petitioners raised an issue as to whether Respondent, FLORIDA DEPARTMENT OF TRANSPORTATION violated Section 120.535, Florida Statutes, by failing to adopt by rule certain agency requests for information from Petitioner regarding costs associated with the installation and maintenance of utility poles.Rules of Department of Transportation providing for joint use of state rights of way by utilities and for no monetary gain in use of there are valid.
