Division of Administrative Hearings, Florida
Filed: Nov. 02, 2001
Whether the provisions of Rule Subsections 64B8-9.008(1) and (2), Florida Administrative Code, enlarge, modify, or contravene the provisions of law implemented, and is arbitrary and capricious because the rule penalizes harmless conduct, in violation of Subsections 120.52(8)(c) and (e), Florida Statutes. Whether the Department of Health had the statutory authority to promulgate Rule 64B8-9.008, Florida Administrative Code, pursuant to Section 120.536, Florida Statutes. Whether the Board of Medicine had statutory authority to promulgate Rule 64B8-9.008, Florida Administrative Code, pursuant to Section 120.536, Florida Statutes.Portion of Rule determined to enlarge the provisions of law implemented, and Board was without specific statutory authority to promulgate rule; other subsection not invalid.
