SC03-622 State of Florida v. Anthony Bodden

State: Florida

Docket No: SC03-622

Case Date: 04/15/2004

Preview:Supreme Court of Florida
____________ No. SC03-622 ____________

STATE OF FLORIDA, Petitioner, vs. ANTHONY BODDEN, Respondent. [April 15, 2004] PARIENTE, J. In State v. Bodden, 27 Fla. L. Weekly D2382 (Fla. 2d DCA Oct. 30, 2002), the Second District Court of Appeal certified the following question of great public importance: IN ADMINISTERING FLORIDA'S IMPLIED CONSENT LAW, IS THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT REQUIRED TO ADOPT RULES IN ACCORDANCE WITH THE FLORIDA ADMINISTRATIVE PROCEDURES [SIC] ACT GOVERNING THE COLLECTION, PRESERVATION, AND ANALYSIS OF URINE SAMPLES OBTAINED BY LAW

ENFORCEMENT PURSUANT TO SECTION 316.1932(1)(a), FLORIDA STATUTES.1 Because we conclude that section 316.1932(1)(a)(1), Florida Statutes (2002), does not require that urine testing procedures be promulgated by rule in accordance with the Florida Administrative Procedure Act (APA), we answer the certified question in the negative. FACTS AND PROCEDURAL HISTORY This case arises out of charges that Bodden was driving under the influence in violation of section 316.193(1), Florida Statutes (2002).2 During a traffic stop

1. We have jurisdiction. See art. V,

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