Division of Administrative Hearings, Florida
Filed: Jun. 19, 1991
The issues in this proceeding concern whether a site, which the Petitioner proposes to develop by installing an elevated timber bridge across Clam Bayou on Sanibel Island, is within the Pine Island Sound Aquatic Preserve ("preserve") established in 1970 by resolution of the Respondent, Board of Trustees of the Internal Improvement Trust Fund ("Board"). The Petitioner also contends, in Case No. 91-3249R, consolidated for hearing with Case No. 91-3770, that a statement contained in a DNR letter of April 2, 1991 and ratified by later action of the Board, constitutes an unpromulgated rule, by virtue of being an amendment to the existing rule describing the limits of the subject preserve, and thus is an invalid exercise of delegated legislative authority.Law favors interpret of legal description which gives effect to all its words. also look to intent of grantor and survey principles ests by expert
