Division of Administrative Hearings, Florida
Filed: Sep. 17, 1999
Whether Save the Manatee Club has standing in this proceeding? Whether the exemptions in paragraphs (3), (5) and (6) of Rule 40D-4.051, Florida Administrative Code, (the Exemptions) are "invalid exercises of delegated legislative authority" as defined in paragraphs (b) and (c) of Section 120.52(8), Florida Statutes? Whether the Exemptions violate the prohibitions and restrictions on agency rulemaking contained in the last four sentences of Section 120.52(8), Florida Statutes?Rule exempting development projects with approvals as of October 1, 1984, from effects of Environmental Resource Permit rules does not implement statutes that are specific enough to satisfy Section 120.52(8), Florida Statutes.
