CRC - 2017                                                   P 6
       
       
        
       By Commissioner Martinez
       
       martinezr-00003B-17                                      20176__
    1                        A proposal to create                       
    2         Section 21 of Article V of the State Constitution to
    3         require a state court or an administrative law judge
    4         to interpret a state statute or rule de novo in
    5         litigation between an administrative agency and a
    6         private party and not merely defer to the
    7         administrative agency’s interpretation.
    8          
    9  Be It Proposed by the Constitution Revision Commission of
   10  Florida:
   11  
   12         Section 21 is added to Article V of the State Constitution
   13  to read:
   14                              ARTICLE V                            
   15                              JUDICIARY                            
   16         SECTION 21. Judicial interpretation of statutes and rules.
   17  In interpreting a state statute or rule, a state court or an
   18  administrative law judge may not defer to an administrative
   19  agency’s interpretation of such statute or rule, and must
   20  instead interpret such statute or rule de novo.