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BAILLIE v. DEPT. OF NATURAL RESOURCES

No. 92-02900.

632 So.2d 1114 (1994)

Carson Merry BAILLIE, William I. Gulliford, Jr. and William R. Morris, Appellants, v. DEPARTMENT OF NATURAL RESOURCES, DIVISION OF BEACHES AND SHORES, State of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 7, 1994.

Attorney(s) appearing for the Case

Robert P. Smith and Jonathan S. Fox of Hopping Boyd Green & Sams, Tallahassee, for appellants.

Kenneth J. Plante, Gen. Counsel, Dana M. Wiehle and Lanette M. Price, Asst. Gen. Counsel, Dept. of Environmental Protection, Tallahassee, for appellee.

Robert A. Butterworth, Atty. Gen., Michael A. Gross, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for amicus curiae.

BENTON, Judge.

Brought under section 120.68, Florida Statutes, this appeal from a state agency's adoption of an administrative rule,1 raises the question whether section 120.68(15), Florida Statutes, should be declared unconstitutional as a denial of access to the courts. We conclude that section 120.68(15), Florida Statutes, is fully consonant with the Constitution of Florida;2 and give the statutory provision...

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