VUONG v. FLORIDA DEPT. OF LAW ENFORCEMENT

No. 4D13-2199.

149 So.3d 174 (2014)

Hoa VUONG, Mark Pebley, Robert McKenna, Peter Murphy, Julio Reina, Rhonda Simmons, Zachary Scuderi, Charles Rollo, Nicolle Mahady, Jason Feinsod, Alan Hernandez, Roslyn Hoecker, Mary Baruch, Ana Blumenfeld, Daniel King, Leo Cordery, Beatriz Vallejo, Mina Arbuckle, Melissa Hartman, Mary Dischino, Deanne Arcodia, Christina Wlodarczyk, Donald Kehr, Jonathan Nolli, Markus Stumper, Ismael Olivan Rodriguez, Danielle Verga, Kathryn Murphy, David Cornell, Nickolas Long, Lindsey Gaboff, Patrick Murphy, Dustin Walker, Jeffrey Tyson, James Pasa, Catherine Hampton, Luis Cruz, Daniel ChairParedes, Antonio Fonrose, Anna Bergman, Anna Yurtayeva, on behalf of themselves and other Palm Beach County DUI, Defendants, Appellants, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellee.

District Court of Appeal of Florida, Fourth District.

October 22, 2014.


Attorney(s) appearing for the Case

Brian P. Gabriel of Gabriel & Gabriel, LLC, Jupiter, for appellants.

Ann Marie Johnson , Tallahassee, for appellee.


STEVENSON, J.

The instant appeal arises from a chapter 120 rule challenge to Florida Administrative Code Rules governing the Florida Department of Law Enforcement's approval and oversight of breath test instruments. Appellants contended that the rules constitute an invalid exercise of delegated legislative authority. The administrative law judge (ALJ) rejected appellants' arguments. We affirm.

Appellants are individuals charged with DUI after submitting to...

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