Florida/Georgia Personal Injury & Workers Compensation

...e supervision required by the statute; as a matter of law the proposed rule amendment goes beyond the Board of Opticianry's delegated legislative powers under Chapter 484. The hearing officer's conclusions of law in the final order identify Sections 484.005 and 484.007(1)(d), Florida Statutes (1989), as the statutory authority for the proposed rule amendment under review. The pertinent language in Section 484.005, relied on in the order, authorizes the Board to promulgate rules "to protect the health, safety and welfare of the public." This provision and the language in Section 484.007(1)(d)4 authorizing the Board "to establish administrative...

...for licensure by apprenticeship." In effect, the hearing officer's order construes the statutory provisions as giving the Board practically unlimited authority to make whatever rules it considers necessary to accomplish the broad purposes stated in Section 484.005....

...n, physician or optometrist whose premises and equipment are distinct from the intended apprentice's work area cannot serve as a sponsor, even though the optician's, physician's or optometrist's premises are within the same office area or building." Section 484.005 sets forth the Board's authority to make rules and identifies four specific categories relating to standards of practice and so forth, which are considered to be reasonably related to the conferred rulemaking power....

...While these categories are not intended to be exclusive, none of them suggests a delegated power to impose the physical restraints *380 on a sponsor's supervisory activities of the nature contained in the proposed rule. On the other hand, Section 484.006 makes it clear that the rulemaking power granted in Section 484.005 is substantially circumscribed, as that section sets forth six specific areas in which the Board is prohibited from making any rules....

...pervision required by the statute; as a matter of law the proposed rule amendment goes beyond the Board of Opticianry’s delegated legislative powers under Chapter 484. The hearing officer’s conclusions of law in the final order identify Sections 484.005 and 484.007(l)(d), Florida Statutes (1989), as the statutory authority for the proposed rule amendment under review. The pertinent language in Section 484.005, relied on in the order, authorizes the Board to promulgate rules “to protect the health, safety and welfare of the public.” This provision and the language in Section 484.-007(l)(d)4 authorizing the Board “to establish administ...

...licensure by apprenticeship.” In effect, the hearing officer’s order construes the statutory provisions as giving the Board practically unlimited authority to make whatever rules it considers necessary to accomplish the broad purposes stated in Section 484.005....

...an or optometrist whose premises and equipment are distinct from the intended apprentice’s work area cannot serve as a sponsor, even though the optician’s, physician’s or optometrist’s premises are within the same office area or building.” Section 484.005 sets forth the Board’s authority to make rules and identifies four specific categories relating to standards of practice and so forth, which are considered to be reasonably related to the conferred rulemaking power....

...While these categories are not intended to be exclusive, none of them suggests a delegated power to impose the physical re *380 straints on a sponsor’s supervisory activities of the nature contained in the proposed rule. On the other hand, Section 484.006 makes it clear that the rulemaking power granted in Section 484.005 is substantially circumscribed, as that section sets forth six specific areas in which the Board is prohibited from making any rules....