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DEPT. OF NAT. RESOURCES v. WINGFIELD DEV. CO.

No. 89-1303.

581 So.2d 193 (1991)

DEPARTMENT OF NATURAL RESOURCES, Appellant, v. WINGFIELD DEVELOPMENT COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 16, 1991.

Attorney(s) appearing for the Case

Kenneth J. Plante, Gen. Counsel, Margaret S. Karniewicz & Dana M. Wiehle, Asst. Gen. Counsel, Tallahassee, for appellant.

Richard S. Brightman, of Hopping, Boyd, Green & Sams, Tallahassee, for appellee.

PER CURIAM.

The Department of Natural Resources (DNR) appeals a final order which held that DNR's rule requiring Wingfield Development Company (Wingfield) to submit a "build out" schedule and to complete the project within two years is an illicit rule and that Fla. Admin. Code Rule 16B-33.002(56), is an invalid exercise of delegated legislative authority. DNR contends that the hearing officer erred in invalidating the entire definition of the term "under construction...

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