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SW FLA. WATER MGMT. DIST. v. SAVE THE MANATEE CLUB, INC.

No. 1D99-4819.

773 So.2d 594 (2000)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Appellant, v. SAVE THE MANATEE CLUB, INC., and South Shores Properties Partners, Ltd., Appellees.

District Court of Appeal of Florida, First District.

December 1, 2000.

Attorney(s) appearing for the Case

William S. Bilenky, Interim General Counsel; Karen E. West, Senior Attorney; Anthony J. Mutchler, Assistant General Counsel, Southwest Florida Water Management District, Brooksville, for Appellant.

Robert Goodwin, Maitland and Steven A. Medina of Steven A. Medina, P.A., Ft. Walton Beach, for Appellee Save the Manatee Club, Inc.

Frank E. Matthews and Eric T. Olsen of Hopping, Green, Sams & Smith, P.A., Tallahassee, for Appellee South Shores Property Partners, Ltd.

Kathryn L. Mennella, Palatka, for Amicus Curiae St. Johns River Water Management District.

Teri L. Donaldson, General Counsel and Robert G. Gough, Administrative Law Counsel, Tallahassee, for Amicus Curiae Florida Department of Environmental Protection.

Mary Ann Stiles and Rayford H. Taylor of Stiles, Taylor & Grace, P.A., Tallahassee, for Amicus Curiae Associated Industries of Florida, Inc.

Roy C. Young of Young, Van Assenderp, Varandoe & Anderson, P.A., Tallahassee, for Amicus Curiae The Florida Chamber of Commerce.

PADOVANO, J.

The Southwest Florida Water Management District appeals a final order declaring portions of rule 40D-4.051, Florida Administrative Code, invalid. The challenged sections of the rule purport to create certain exemptions from the environmental permitting requirements that otherwise apply to land developments within the District. We conclude that the sections of the rule at issue are an invalid exercise of legislative authority because they do not implement...

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