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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.