Division of Administrative Hearings, Florida
Filed: Aug. 02, 1989
Whether Rule 16B-26.016, Florida Administrative Code, which establishes a coastal construction control line over certain property owned by St. Joseph Land and Development Company, is an invalid exercise of delegated legislative authority. More specifically, the Petitioner asserts that the establishment by rule of the coastal construction control line over the relevant portion of it's Gulf County property enlarges, modifies, or contravenes the specific provisions of law which provide the Department with the authority to establish the line over sand beaches "fronting" specified water bodies. The Petitioner further asserts that the establishment of the line by rule is arbitrary or capricious in that the line is based upon inaccurate studies which fail to account for actual storm data.For purposes of setting Coastal construction control line, beaches fronting ocean or gulf are those directly affected or influenced by 100 year storm event.
