Board of Podiatric Medicine v. Florida Medical Ass'n

The Board of Podiatric Medicine (the Board) appeals an order by which an administrative law judge declared a proposed rule to be an invalid exercise of delegated legislative authority. We conclude that the proposed rule is within the ambit of the Board’s rulemaking authority, and that it accords with the provisions of law being implemented. We further conclude that the proposed rule is supported by an adequate evidentiary foundation and is neither arbitrary nor capricious, so as to be a proper exercise of the Board’s delegated legislative authority.

The appellee initiated a section 120.56,…