Division of Administrative Hearings, Florida
Filed: Oct. 12, 1989
This case concerns proposed amendments to Respondent's Rule 16N-22.009, The issues for determination are, 1) whether Petitioner has standing to challenge the proposed amendments, and 2) whether the amendments are an invalid exercise of delegated legislative authority. More specifically, the following issues are raised by the pleadings and presentation of the parties: Whether the rule amendments exceed the agency's grant of authority by creating a "no entry" or "motorboat prohibited zone", and by extending that zone into the right of way of the Intracoastal Waterway Channel. Whether the agency materially failed to follow rulemaking procedures prescribed by Section 120.54, F.S., by substantially revising the proposed amendments after a challenge had been filed, and by preparing an inadequate economic impact statement; and Whether the amendments are arbitrary and capricious because they are unnecessary or unrelated to manatee protection.Petitioner lacks standing as substantially affected by proposed rule imposing a motorboat prohibiting zone in Palm Beach County - rule VALID to save manatees
