PAHOKEE WATER CONTROL DISTRICT, APPELLANT,
v.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AN AGENCY OF THE STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1993-03-24
No. 91-2152
STONE, J., and OWEN, WILLIAM G, Jr., Senior Judge, concur.
617 So. 2d 1065 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 1 case

Opinion of the Court
BRESCHER, GEORGE A., Associate Judge.

BRESCHER, GEORGE A., Associate Judge.

AFFIRMED. See Florida Sugar Cane League, Inc. v. South Florida Water Management District, 617 So. 2d 1065 (Fla. 4th DCA 1993). As we found in the cited case in a nearly identical situation, we find here that the appellant’s rights to an administrative hearing pursuant to section 120.57, Florida Statutes (1991) are preserved, and that the appellee acted correctly in denying the petition for such relief as being premature.

STONE, J., and OWEN, WILLIAM G, Jr., Senior Judge, concur.


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  • …article VII. Water management districts have an “amorphous nature” in Florida law, being deemed state agencies or arms of the state for some purposes, but not for other purposes. Compare Fla. Sugar Cane League, Inc. v. South Fla. Water Mgmt. Dist., 617 So. 2d 1065, 1066 (Fla. 4th DCA 1993) (explaining that the district is a “regulatory state agency” subject to Florida’s Administrative Procedure Act), with Martinez v. South Fla. Water Mgmt. Dist., 705 So. 2d 611 (Fla. 4th DCA 1997) (determining that the Distri…

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