The issues to be resolved in this proceeding concern whether the Emergency Rule 53ER99-48, Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority, whether it was promulgated pursuant to a true emergency and whether certain agency statements contained in letters promulgated by the agency constitute an unadopted rule, in purported violation of Section 120.54(1)(a), Florida Statutes.Rule not supported because no showing of emergency. Implemented statute does not provide for the authority the agency exercised by exacting emergency rule. Changing the trust created by Section 34.120(2), Florida Statutes, requires action by Legislature.
The issue is whether Respondent Department of Environmental Protection should issue an air construction permit to Respondent Florida Rock Industries, Inc. for the construction of a Portland cement plant.The Petitioner provided reasonable assurances that the proposed cement plant would not violate any air pollution standards.
The issue in this case is whether the Board of Trustees of the Internal Improvement Trust Fund should approve the execution by the Florida Department of Environmental Protection of a sublease of lands owned and administered by the Board of Trustees of the Internal Improvement Trust Fund to Southern Hy-Power Corporation.Petitioner failed to prove lease of land for hydroelectric power generation in Greenway Corridor was contrary to deed restrictions.
