Division of Administrative Hearings, Florida
Filed: Oct. 17, 2008
Whether the Respondent's statements regarding enforcement of the Florida Elevator Safety Code, as set forth in the Amended Petition Challenging Agency Statement Defined as a Rule filed November 21, 2008, constitute agency statements defined as rules that must be promulgated pursuant to Section 120.54(1), Florida Statutes (2008).1 Petitioner failed to prove challenged agency statements were unadopted rules. Statements explained agency`s statutory duty to protect public safety and confirmed that it was enforcing standards in building code incorporated by reference in existing rule.
