311 So. 2d 810 (1975) Walter RUPPERT Sr., Appellant, v. In re ESTATE of Charles Francis HASTINGS, Deceased, Appellee. No. W-316. District Court of Appeal of Florida, First District. May 7, 1975. *811 Merritt H. Powell, and G. Larry Sims, Cobb, Cole, Sigerson, McCoy, Bell & Bond, Daytona Beach, for appellant. William Akers, III, and Henry P. Duffett, of Duffett, Barry, Seps, Meade & Akers, Ormond Beach, for appellee. PER CURIAM. The facts of this appeal are not in dispute. Charles F. Hastings exec..

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The issue is whether petitioners' development is entitled to a favorable determination by respondent under Subsection 380.0651(3)(e)1.c., Florida Statutes (1989), and thus is exempt from development of regional impact review.Insufficient evidence by marina to claim exemption from Development of Regional Impact. requirement. Threatened harm to manatees if approval given.

At issue is whether a moratorium, adopted by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), constitutes an invalid rule. If the moratorium on authorizations for use of sovereignty, submerged land in connection with development of current unbridged, undeveloped coastal islands is determined to constitute a rule, the secondary issue to be resolved is whether the rule is an invalid exercise by the Board of Trustees of delegated legislative authority.A moratorium denying consideration of applications for use of submerged land is an invalid rule (rev'd 1st DCA June 11, 1992).

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on May 20, 1988, in Tallahassee, Florida. The issue for determination in this proceeding is whether the statement contained in Section 7 of respondent's Order Number 19095, which requires alternative operator services providers to hold subject to refund all revenues in excess of the local exchange company's most comparable rate, constitutes an invalid exercise of delegated legislative authority. APPEARANCES For Petitioner: Wings S. Benton Patrick K. Wiggins Ransom & Wiggins, P.A. Post Office Drawer 1657PSC issued requirement (with force of law) without compliance to APA rule-making. Constitutes invalid exercise of delegated legislative authority.