Air-Conditioning v. Dept. Comm

Full title: AIR-CONDITIONING AND REFRIGERATION INSTITUTE, GAS APPLIANCE MANUFACTURERS…

Court: District Court of Appeal of Florida, First District

Date published: Jan 20, 1995

648 So. 2d 774 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-2965.

December 8, 1994. Rehearing Denied January 20, 1995.

Appeal from the Department of Community Affairs, Division of Administrative Hearings.

John A. Hodges and J. Stephen Zielezienski of Wiley, Rein Fielding, Washington, DC, for Air-Conditioning and Refrigeration Institute; Joseph M. Mattingly, Gen. Counsel, Gas Appliance Mfrs. Ass'n, Arlington, VA, Nancy G. Linnan and Martha H. Chumbler of Carlton, Fields, Ward, Emmanuel, Smith Cutler, Tallahassee, for appellants.

Alfred O. Bragg, III, Dept. of Community Affairs, Tallahassee, for appellee.

PER CURIAM.

Appellants did not carry their burden of showing that the challenged provisions of the 1993 Energy Efficiency Code for Building Construction, incorporated by reference into Florida Administrative Code Rule 9B-13.004(1), violate either the Supremacy Clause or Commerce Clause of the United States Constitution. See Fulford v. Graham, 418 So.2d 1204 (Fla. 1st DCA 1982).

AFFIRMED.

ERVIN, JOANOS and MINER, JJ., concur.