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STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. DAY CRUISE ASSOC., INC.

No. 1D00-1058.

794 So.2d 696 (2001)

STATE of Florida, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, Appellant, v. DAY CRUISE ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, First District.

September 13, 2001.

Attorney(s) appearing for the Case

Teri L. Donaldson, General Counsel; John W. Costigan, Deputy General Counsel, Maureen M. Malvern, Assistant General Counsel, and Andrew J. Baumann, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellant.

Stephen H. Grimes and Susan L. Kelsey, Holland & Knight, LLP, Tallahassee, for Appellee.

BENTON, J.

This case asks the question whether an administrative rule the Board of Trustees of the Internal Improvement Trust Fund (Trustees) proposed for adoption would "exceed[ ] its grant of rulemaking authority" or "enlarge[ ], modif[y], or contravene[ ] the specific provisions of law implemented." § 120.52(8)(b) & (c), Fla. Stat. (1999). Day Cruise Association, Inc. (Day Cruise) raised the question in a rule challenge brought under section 120.56(2)...

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