Wednesday, August 19, 2009

First District Finds An FDOT Rule Invalid

In Lamar Outdoor Advertising - Lakeland v. Florida Department of Transportation (1D08-5369), the First District found a rule enacted by the Florida Department of Transportation to be invalid. Regarding the standard, the court stated:
Under section 120.52(8), Florida Statutes (2007), a rule by an administrative agency may be challenged as "an invalid exercise of delegated legislative authority," meaning "action which goes beyond the powers, functions, and duties delegated by the Legislature." Among the factors used to determine whether an administrative rule "is an invalid exercise of delegated legislative authority" are (1) whether "[t]he agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54(3)(a) 1.," and (2) whether "[t]he rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54(3)(a) 1." § 120.52(8)(b), (c), Fla. Stat. (2007).

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