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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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