Opinion

Florida Board of Optometry v. Florida Board of Medicine

  • 616 So. 2d 581
  • 1993 Fla. App. LEXIS 3674
  • 1993 WL 96765
Court
District Court of Appeal of Florida
Filed
Apr 5, 1993
Status
Published
Author
Zehmer
On the bench
Barfield, Ervin, Zehmer
Cited by
0 cases

The opinion

ZEHMER, Judge

(Dissenting).

I conclude that the rule in question, rule 21M-20.015, constitutes an invalid exercise of delegated legislative authority because it exceeds the statutory authority delegated to the Board of Medicine by the statutes cited as authority for this rule, and that the implementation of this rule as presently framed will adversely affect appellants, individually or in their representative capacities. Therefore, the appealed order errs in denying appellants standing to challenge the validity of the rule and errs in upholding the validity of the rule. Accordingly, I respectfully dissent.

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