· 12/1/2000
SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.
Citations
- 773 So. 2d 594
- 25 Fla. L. Weekly Fed. D 2747
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining the reviewing court does not defer when the adjudicatory process does not involve a factual dispute or exercise of discretion
- addressing a challenge to an agency's authority to implement or promulgate rules pursuant to the enabling statute
- upholding standing of any affected party to challenge a rule as an invalid exercise of delegated legislative authority
- explaining the test to be applied to determine whether agency rulemaking constitutes \an invalid exercise of delegated legislative authority\ as that term is defined in section 120.52(8), Florida Statutes (1999)
- invalidating a rule that created an additional exemption not articulated in the enabling statute
- “[A] discretionary decision must be affirmed on appeal if the agency has not exceeded the scope of its discretionary authority.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Padovano
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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