(Download) "Frandsen v. Department of Environmental Protection" by Florida Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Frandsen v. Department of Environmental Protection
- Author : Florida Court of Appeals
- Release Date : January 12, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appellant, Marvin Vaun Frandsen, challenged Florida Administrative Code Rule 62D-2.014(18) as being an invalid exercise of delegated legislative authority. The Administrative Law Judge found that the rule was valid. On appeal, Appellant also argues that Rule 62D-2.014(18) 1 is unconstitutional on its face. 2 We affirm. An agency may adopt rules ""only where the Legislature has enacted a specific statute, and authorized the agency to implement it, and then only if the (proposed) rule implements or interprets specific powers or duties . . . ."" State, Board of Trustees of the Internal Improvement Trust Fund v. Day Cruise Assoc., Inc., 794 So. 2d 696, 700 (Fla. 1st DCA 2001). ""The question is whether the statute contains a specific grant of legislative authority for the rule, not whether the grant of authority is specific enough."" Southwest Florida Water Management District v. Save the Manatee Club, Inc., 773 So. 2d 594, 599 (Fla. 1st DCA 2000). In this case, in section 258.007(2), Florida Statutes (1999), the Legislature granted the Division of Recreation and Parks the authority to make rules to carry out its specific duties. It also established that the Division's specific duties were to ""supervise, administer, regulate, and control the operation of all public parks . . ."" and to ""preserve, manage, regulate, and protect all parks and recreational areas held by the state . . . ."" Sec. 258.004, Fla. Stat. (1999). The rule in question falls under the specific grant of authority and is otherwise a valid exercise of delegated legislative authority. See sec. 120.52(8), Fla. Stat. (2001).
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