DEVIL'S GARDEN INVESTMENT, LLC/DEVIL'S GARDEN AQUACULTURE v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

No. 1D22-1960.

367 So.3d 548 (2023)

DEVIL'S GARDEN INVESTMENT, LLC/DEVIL'S GARDEN AQUACULTURE, Appellant, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Appellee.

District Court of Appeal of Florida, First District.

April 12, 2023.


Attorney(s) appearing for the Case

Kenneth G. Oertel of Oertel, Fernandez, Bryant & Atkinson, P.A., Tallahassee, for Appellant.

Robert C. Glass and Savannah W. Middlebush , West Palm Beach, for Appellee.


Appellant challenged a statement made by Appellee, the South Florida Water Management District, as an unadopted rule. The learned Administrative Law Judge determined the statement was not an unadopted rule. We affirm.

If an agency statement meets the statutory definition of a rule but the agency has not gone through the rulemaking...

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