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DEPT. OF NATURAL RESOURCES v. SAILFISH CLUB

No. BD-56.

473 So.2d 261 (1985)

DEPARTMENT OF NATURAL RESOURCES, Appellant, v. SAILFISH CLUB OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 22, 1985.

Attorney(s) appearing for the Case

Bruce Barkett, Asst. Gen. Counsel and Spiro T. Kypreos, Asst. Gen. Counsel, Dept. of Natural Resources, Tallahassee, for appellant.

Thomas M. Beason and Jon Moyle, of Moyle, Flanigan, Katz, FitzGerald & Sheehan, Tallahassee, for appellee.

SHIVERS, Judge.

Appellant Department of Natural Resources (DNR) appeals final order of the Division of Administrative Hearings that Florida Administrative Code (FAC) Rule 16Q-21.05(1)(b)4 and proposed FAC Rule 16Q-21.11 are invalid exercises of delegated legislative authority. We reverse.

At issue are:

(1) Whether the Hearing Officer applied the correct standard of review to the Trustees' authority to manage sovereignty land; (2) Whether...

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