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BURGESS v. FLORIDA DEPT. OF COMMERCE

No. AP-426.

436 So.2d 356 (1983)

Lee Ann BURGESS, Appellant, v. FLORIDA DEPARTMENT OF COMMERCE and department of Administration, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

Edward S. Jaffry and Fred O. Dickinson, III, of Horne, Rhodes, Jaffry & Horne, Tallahassee, for appellant.

Don W. Davis, Gen. Counsel, and Mary Lou Rajchel, Asst. Gen. Counsel, Fla. Dept. of Commerce, Daniel C. Brown, Gen. Counsel, Fla. Dept. of Admin., Tallahassee, for appellees.

ERVIN, Chief Judge.

In this appeal from a final order of the Department of Commerce (Department), appellant contends, first, that Section 110.205(2)(h), Florida Statutes (1979), constitutes an unlawful delegation of legislative authority, and, alternatively, that there is insufficient evidence to support the Department's finding that Burgess' position with the Department was one of "policy-making" and thus properly subject to exemption from the career service system...

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