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CONT. CONST. CO. v. BD. OF TRUSTEES

No. AZ-119.

464 So.2d 204 (1985)

CONTINENTAL CONSTRUCTION CO., Appellant, v. BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND, Appellee.

District Court of Appeal of Florida, First District.

February 18, 1985.

Attorney(s) appearing for the Case

J. Kendrick Tucker and William L. Hyde of Akerman, Senterfitt & Eidson, Tallahassee, for appellant.

John W. Williams, Asst. Gen. Counsel, Dept. of Natural Resources, Tallahassee, for appellee.

ERVIN, Chief Judge.

Continental Construction Company (Continental) appeals from a final order of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board), assessing a penalty against Continental for the unauthorized use of sovereignty submerged lands, entered pursuant to Florida Administrative Code Rule 16Q-21.11(1)(1)2. Appellant argues that the Board's assessment of the penalty is erroneous because the Board has not been legislatively...

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