Michael Construction Co. v. Department of Transportation

OPINION

J. LAWRENCE JOHNSTON, Hearing Officer.

In this rule challenge proceeding, the issue is the validity of the second sentence of Rule 14-23.01(2), Florida Administrative Code. No final hearing was held in this case. Instead, the parties stipulated to *160petitioners’ standing and to submission of the case to the Hearing Officer for determination on written argument.

Section 334.02(6), Florida Statutes (1983), grants the Department of Transportation (Department) broad rule-making authority. But 334.02(5) makes the Department’s authority ad jurisdiction “subject to the limitations of . . . the…