ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS and Florida Home Builders Association, Appellants,
v.
DEPARTMENT OF ENVIRONMENTAL PROTECTION, St. Johns River Water Management District, and South Florida Water Management District, Appellees.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
December 12, 2006.
December 12, 2006.
Attorney(s) appearing for the Case
Susan L. Stephens, Miguel Collazo, III, Victoria L. Weber and Frank E. Matthews of Hopping Green & Sams, P.A., Tallahassee, for Appellant Association of Florida Community Developers.
Edwin A. Steinmeyer of Lewis, Longman & Walker, P.A., Tallahassee; Stephen Walker of Lewis, Longman & Walker, P.A., West Palm Beach; Keith Hetrick, Tallahassee, for Appellant Florida Home Builders Association.
Gregory M. Munson, General Counsel, Robert G. Gough, Senior Assistant General Counsel, Betsy Hewitt, Deputy General Counsel, and Christine E. Lamia, Florida Department of Environmental Protection, Tallahassee, for Appellee Department of Environmental Protection.
Thomas I. Mayton, Jr., Senior Assistant General Counsel, St. Johns River Water Management District, Palatka, for Appellee St. Johns River Water Management District.
Cecile I. Piverotto, Senior Specialist Attorney, South Florida Water Management District, West Palm Beach; Mary F. Smallwood of Ruden McClosky Smith Schuster & Russell, P.A., Tallahassee, for Appellee South Florida Water Management District.
William E. Williams and J. Kendrick Tucker of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee; and E. Thom Rumberger of Rumberger, Kirk & Caldwell, P.A., Tallahassee, for Intervenors Florida Audubon Society, Inc., National Audubon Society, The Everglades Foundation, Inc., and Conservancy of Southwest Florida, Inc.
Scott Boyd, Executive Director and General Counsel, Joint Administrative Procedures Committee, Tallahassee.
District Court of Appeal of Florida, First District.
THOMAS, J.
This is an appeal from a final order of the administrative law judge (ALJ) finding two proposed rules, promulgated by the Department of Environmental Protection (DEP), valid. We affirm, but write only to discuss why the proposed rule is not an invalid exercise of delegated legislative authority under section 120.52(8)(c), Florida Statutes (2005).
Proposed rule 60-40.4741 provides...
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