· 9/13/2001
STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.
Citations
- 794 So. 2d 696
- 2001 Fla. App. LEXIS 12894
- 2001 WL 1098261
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing most administrative agencies are creatures of statute and have only those powers the statutes confer
- holding Trustees' rule was an invalid exercise of delegated legislative authority \[i]n the absence of a specific power or duty enabling or requiring\ the rule, notwithstanding statutes \describ[ing] the Trustees' functions and goals in broad terms\
- holding Trustees’ rule was an invalid exercise of delegated legislative authority “[i]n the absence of a specific power or duty enabling or requiring” the rule, notwithstanding statutes “describpng] the Trustees’ functions and goals in broad terms”
- “[A]gencies have rulemaking authority only where the legislature has enacted a specific statute, and authorized the agency to implement it....”
- performance of purely proprietary duties requires compliance with the APA when they amount to rulemak-ing
- “[Ajgencies have rulemak-ing authority only where the legislature has enacted a specific statute, and authorized the agency to implement it ....”
Source: CourtListener parenthetical corpus (CC0).
Judges: Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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