Division of Administrative Hearings, Florida
Filed: May 21, 2021
The issues for disposition in this case are, first, whether the proposed adoption of Florida Administrative Code Rule 68D-24.017(1)(s) (the Proposed Rule) was based on the application of an unadopted rule, as defined in section 120.52(20), Florida Statutes, and, second, if it was not, whether the Proposed Rule is an invalid exercise of delegated legislative authority, as defined in section 120.52(8).The Proposed Rule was based on the application of an unadopted rule regarding vessel traffic congestion. Commission directed to discontinue reliance on the unadopted rule.