Florida/Georgia Personal Injury & Workers Compensation

...§ 320.605, Fla. Stat. (1989). As to chapter 320 generally, the legislature has provided that "[t]he [D]epartment shall administer and enforce the provisions of this chapter and may adopt such rules as it deems necessary or proper for the administration hereof." § 320.011, Fla....

...Accord General Telephone Co. v. Florida Public Service Commission, 446 So.2d 1063 (Fla. 1984). We believe that the portion of rule 15C-1.008 to which appellants object constitutes a valid exercise of the Department's implied rulemaking authority. Sections 320.011 and 320.69 clearly give the Department the authority to adopt such rules as it deems necessary effectively to administer and to enforce the law, consistent with the legislative intent....

...e Administrative Code as authority for the rule and in fact is merely a statement setting forth the general intent of the Legislature in adopting sections 320.60 through 320.70, Florida Statutes. Two other statutes proposed as authority are sections 320.011 and 320.69, Florida Statutes, which permit the Department to adopt such rules as it deems "necessary or proper" for administration of the provisions of chapter 320....

...es not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s. 316.003(2). In addition, in order to administer and enforce the law imposing a license on motor vehicles, the legislature, by section 320.011, Florida Statutes, has authorized the Department of Highway Safety and Motor Vehicles to classify motor vehicles subject to license tax into certain tax class codes for the purpose of providing and applying different rates of tax, and...

...uestion are "motor vehicles" for the purpose of being subject to the state motor vehicle license tax imposed by section 320.08, Florida Statutes, as defined in section 320.01(1), and by the Department of Highway Safety and Motor Vehicles pursuant to section 320.011....

...We review the ALJ's conclusions of law de novo. See, e.g., Parlato v. Secret Oaks Oimers Ass'n, 793 So.2d 1158, 1162 (Fla. 1st DCA 2001). Rule 15C-7.005 purports to regulate "unauthorized additional motor vehicle dealerships" and "unauthorized supplemental dealership locations," and identifies section 320.011, Florida Statutes, as the specific authority for its adoption....

...of the Internal Improvement Trust Fund v. Day Cruise Ass'n Inc., 794 *735 So.2d 696 (Fla. 1st DCA 2001); Sw. Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc., 773 So.2d 594 (Fla. 1st DCA 2000). Consistent with the reasoning of these cases, we find that the broadly worded language of section 320.011 did not authorize the department to enact a rule deeming certain conduct to be the unauthorized establishment of additional or supplemental motor vehicle dealerships....

...understand the legislative framework governing the licensing of automotive dealerships in the State of Florida. The relevant statutes are set forth in Chapter 320 of the Florida Statutes, the provisions of which the Department is charged with administering and enforcing. § 320.011, Fla....