Frandsen v. Department of Environmental Protection

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…