Division of Administrative Hearings, Florida
Filed: May 28, 1993
The issue in this proceeding is whether four agency memoranda describing policy on mitigation for dredge and fill projects are unpromulgated rules and were relied on by the agency in violation of Section 120.535(1), F.S. During the hearing, and afterwards in writing, Petitioner sought leave to amend its pleadings to incorporate other policies allegedly relied on by the agency in the process of the dredge and fill application review. That request was denied in an order entered on August 23, 1993. Those policies are addressed in the recommended order in DOAH #93-3367.FO: Agy did not rely on pol. memos-but on rules gvrng mitigation in D&F-Dism RO: DEP properly asserted juris; >1:1 mitigation is appropr, permits recom.
