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BD. OF PODIATRIC MED. v. FLA. MED. ASS'N

No. 1D00-357.

779 So.2d 658 (2001)

BOARD OF PODIATRIC MEDICINE, Appellant, v. FLORIDA MEDICAL ASSOCIATION, Appellee.

District Court of Appeal of Florida, First District.

March 19, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Ann Cocheu and M. Catherine Lannon, Assistant Attorneys General, Tallahassee, for Appellant.

Jeffery M. Scott and Francesca Plendl of Florida Medical Association, Tallahassee, for Appellee.

ALLEN, J.

The Board of Podiatric Medicine (the Board) appeals an order by which an administrative law judge declared a proposed rule to be an invalid exercise of delegated legislative authority. We conclude that the proposed rule is within the ambit of the Board's rulemaking authority, and that it accords with the provisions of law being implemented. We further conclude that the proposed rule is supported by an adequate evidentiary foundation and is neither arbitrary...

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