Division of Administrative Hearings, Florida
Filed: Jul. 08, 1993
The issues in these cases are: in Case No. 93-3875RX, whether F.A.C. Rule 16D-2.002(4)-(5) is an invalid exercise of delegated legislative authority; and, in Case No. 93-4533RP, whether the proposed amendment to F.A.C. Rule 18-20.004, incorporating by reference the Guana River Marsh Aquatic Preserve Management Plan (the Management Plan), is an invalid exercise of delegated legislative authority. Both F.A.C. Rule 16D-2.002(4)-(5) and the proposed amendment to F.A.C. Rule 18-20.004 have been cited by the Respondent, the Department of Environmental Protection (DEP), as authority for prohibiting driving motor vehicles on the Atlantic Ocean beaches in St. Johns County that are within the Guana River Marsh Aquatic Preserve (the Preserve). (On August 24, 1993, the Petitioner voluntarily dismissed its petition in Case No. 93-3842RU, which attacked the Management Plan under Section 120.535, Fla. Stat. (Supp. 1992), as being an invalid unpromulgated rule. The dismissal was based on the Respondent's assurance that it was proceeding with the rule amendment challenged in Case No. 93-4533RP and that it would not enforce the provisions of the proposed amendment to F.A.C. Rule 18-20.004 to prohibit driving on the Atlantic Ocean beaches in the Preserve until the resolution of Case No. 93-4533RP. See the Preliminary Statement.)Rule prohibits motor vehicles in state park except in designated areas. Proposed rule prohibits it on beaches in the Guana Park and Preserve. Valid.