Division of Administrative Hearings, Florida
Filed: Nov. 01, 2000
In summary, the issues for decision in this case are: (1) Whether in pari materia rule provisions in Chapter 5B-58, Florida Administrative Code, which define and make operative the term "exposed" to citrus canker disease, together constitute an invalid exercise of delegated legislative authority within the meaning of Section 120.52(8), Florida Statutes; and (2) Whether the Department's policy of removing so-called "exposed" trees located within a 1900-foot radius of infected trees is an unpromulgated rule-by-definition in violation of Section 120.54(1)(a), Florida Statutes.Petitioners sustained their burden to prove Department`s existing rules related to destruction of trees "exposed" to citrus canker are invalid, and Department`s policy on removal of trees within 1900 feet of infected tree is unlawful rule-by-definition.
