[weishaupt1776]

The following is a rough draft of the Florida version of The Black Truth's Use Your State's APA
I'm just lining the titles up right now, so it is not final. The material herein may not line up with his

• The accused is a disenfranchised Floridian endowed with certain unalienable rights protected by the state constitution and the federal constitution, including, but not limited to the right to travel freely and to not be deprived of liberty or property without due process of law. See Florida Constitution Art. 1, Sec. 9

Okay, this was gettin, slippery, BT. I made it up to your first point regarding Article I. This is definitely a jig-saw puzzle thus far. Here is what I am finding thus far. For newbies, I am using this logic:

There are 3 branches: Legislative, Judicial, Executive.

"Law" "Enforcement" is within an Executive delegation, so I went to

• TITLE IV
  EXECUTIVE BRANCH
  Chapter 20
  ORGANIZATIONAL STRUCTURE

Always, check the definitions after you've found the general code heading !

• 20.03 * Definitions.

In BT's analysis, there is clear language in CVC 2402 delineating the commissioner promulgating rules under the APA

I was having a ****ens of a time so I am trying to narrow it down in the good 'ole Florida Code. Now, since the DOHS is executive, we must see how the executive branch defines "department" & here we go

• (2)"Department" means the principal administrative unit within the executive branch of state government.
  
  (6)"Executive director" means the chief administrative employee or officer of a department headed by a board or by the Governor and the Cabinet.

20.04]* Structure of executive branch

• (1)The department is the principal administrative unit of the executive branch. Each department must bear a title beginning with the words "State of Florida" and continuing with "Department of _____."
  3)For their internal structure, all departments, except for the Department of Financial Services, the Department of Children and Family Services, the Department of Corrections, the Department of Management Services, the Department of Revenue, and the Department of Transportation, must adhere to the following standard terms:
  
  (a)The principal unit of the department is the "division." Each division is headed by a "director."
  
  (b)*The principal unit of the division is the "bureau." Each bureau is headed by a "chief."
  
  (c)The principal unit of the bureau is the "section." Each section is headed by an "administrator."

20.05* Heads of departments; powers and duties. --

• 
  1)**Each head of a department, except as otherwise provided by law, must:
  b)**Have authority, without being relieved of responsibility, to execute any of the powers, duties, and functions vested in the department or in any administrative unit thereof through administrative units and through assistants and deputies designated by the head of the department from time to time, unless the head of the department is explicitly required by law to perform the same without delegation;

20.24* Department of Highway Safety and Motor Vehicles

• --There is created a Department of Highway Safety and Motor Vehicles.
  
  (1)**The head of the Department of Highway Safety and Motor Vehicles is the Governor and Cabinet.
  
  (2)**The following divisions, and bureaus within the divisions, of the Department of Highway Safety and Motor Vehicles are established:
  
  (a)**Division of the Florida Highway Patrol.
  
  (b)**Division of Driver Licenses.
  
  (c)**Division of Motor Vehicles.
  
  1.**Bureau of Motor Vehicle Inspection.

O.K. kids, lets go to Title XXIIII MOTOR VEHICLE CODE
316.640 * Enforcement.

• 8)**TRAFFIC ENFORCEMENT AGENCY.--Any agency or governmental entity designated in subsection (1), subsection (2), or subsection (3), including a university, a community college, a school board, or an airport authority, is a traffic enforcement agency for purposes of s. 316.650.

316.650* Traffic citations

• (4)**The chief administrative officer of every traffic enforcement agency shall require the return to him or her of the department record copy of every traffic citation issued by an officer under the chief administrative officer's supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator. In the case of a traffic enforcement agency which has an automated citation issuance system, the chief administrative officer shall require the return of all electronic traffic citation records.
  
  (5)**Upon the deposit of the original and one copy of such traffic citation or upon deposit of an electronic facsimile of the traffic citation with respect to traffic enforcement agencies which have an automated citation issuance system with a court having jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, the original, facsimile, or copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.
  
  (6)**The chief administrative officer shall transmit, on a form approved by the department, the department record copy of the uniform traffic citation to the department within 5 days after submission of the original and one copy to the court, or citation and transmittal data may be transmitted to the department in an automated fashion, in a form prescribed by the department. A copy of such transmittal shall also be provided to the court having jurisdiction for accountability purposes.
  
  (7)**The chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.

Now I'll try to pick up on BT's second point and apply the Florida Code:

• The Vehicle Code is to be enforced according to 316.640
• They are Traffic Enforcement Agencies & the officers of that agency are under the chief administrative officer's supervision according to 316.650
• A "chief" heads a "bureau" which is the principal unit of the "division"
• The "division" is headed headed by a "director."
• The "division" is principal unit of the department
  20.04
• The "DIRECTOR " is the Director of the Division of the Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles.316.003(9)

• The head of the Department of Highway Safety and Motor Vehicles is the Governor and Cabinet. 20.24
• Department" means the principal administrative unit within the executive branch of state government. 20.03(2)[/b]