CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 366884
...As to chapter 320 generally, the legislature has provided that "[t]he [D]epartment shall administer and enforce the provisions of this chapter and may adopt such rules as it deems necessary or proper for the administration hereof." §
320.011, Fla. Stat. (1989). The legislature has reiterated its intent in this regard in section
320.69, which relates specifically to sections
320.60 through
320.70: "The [D]epartment may make such rules and regulations as it shall deem necessary or proper for the effective administration and enforcement of this law." §
320.69, Fla....
...Accord General Telephone Co. v. Florida Public Service Commission,
446 So.2d 1063 (Fla. 1984). We believe that the portion of rule 15C-1.008 to which appellants object constitutes a valid exercise of the Department's implied rulemaking authority. Sections
320.011 and
320.69 clearly give the Department the authority to adopt such rules as it deems necessary effectively to administer and to enforce the law, consistent with the legislative intent....
...tive Code as authority for the rule and in fact is merely a statement setting forth the general intent of the Legislature in adopting sections
320.60 through
320.70, Florida Statutes. Two other statutes proposed as authority are sections
320.011 and
320.69, Florida Statutes, which permit the Department to adopt such rules as it deems "necessary or proper" for administration of the provisions of chapter 320....
