The Florida Senate

¹497.115  Board rules; final agency action; challenges.--

(1)  The Chief Financial Officer shall have standing to challenge any rule or proposed rule of the board pursuant to s. 120.56 In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the Chief Financial Officer, may declare all or part of a rule or proposed rule invalid if it:

(a)  Does not protect the public from any significant and discernible harm or damages;

(b)  Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or

(c)  Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit.

However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.

(2)  In addition, either the Chief Financial Officer or the board shall be a substantially interested party for purposes of s. 120.54(7). The board may, as an adversely affected party, initiate and maintain an action pursuant to s. 120.68 challenging the final agency action.

History.--s. 48, ch. 93-399; s. 232, ch. 96-410; s. 555, ch. 2003-261; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.