L-R Elisa Reiter and Daniel Pollack. Courtesy Photos Kinship Rule Is Found to Be an Invalid Exercise of Delegated Legislative Authority
At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
April 25, 2024 at 10:01 AM
9 minute read
Board of Contributors
In general, state agencies can only promulgate rules if that authority has been specifically delegated to them by the legislature via a statutory grant of rulemaking authority. At a recent Florida administrative hearing (Case No. 23-4842RX, decided April 12, 2024), the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
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