Division of Administrative Hearings, Florida
Filed: Apr. 25, 2012
The issue to be determined is whether proposed amendments to Florida Administrative Code Rule 64B9-8.005 (rule 64B9-8.005 or "the proposed rule") constitute an invalid exercise of legislatively delegated authority? Specifically, the Second Amended Petition raises the following issues with respect to the proposed rule: a) whether the Board exceeded its rulemaking authority, citation to which is required by section 120.54(3)(a)1., Florida Statutes; b) whether the proposed rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by section 120.54(3)(a)1.; c) whether the proposed rule is vague; whether the Board has complied with the essential requirements of rulemaking provided in sections 120.54 and 120.541; and e) whether the proposed rule amendments are supported by the necessary facts.Proposed rule 64B9-8.005 is an invalid exercise of degelated legislative authority as defined in section 120.52(8)(a)(b)(c) and (d).
