ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, APPELLANT,
v.
MODERN, INC., AND FIRST OMNI SERVICE CORP, APPELLEES; MODERN, INC., AND FIRST OMNI SERVICE CORP., APPELLANTS, V. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, APPELLEE
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The court affirmed the District's final order in one case and partially reversed the administrative hearing's determination in another, holding that the District acted in good faith in implementing the maintenance exemption under section 403.813(2)(g) and that the challenged rule was a valid exercise of delegated legislative authority.
The District acted in good faith in implementing the maintenance exemption of section 403.813(2)(g), Florida Statutes, and Rule 40C-4.051(11)(c) was a valid exercise of delegated legislative authority.
[1] A water management district acts in good faith when implementing a statutory maintenance exemption consistent with prior appellate interpretation of that exemption.
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Join FLexlaw to unlock all legal intelligenceThe St. Johns River Water Management District issued a memorandum dated November 20, 1989, and proposed rules addressing the maintenance exemption und…
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BARFIELD, C.J.
We AFFIRM in all respects the final order of the St. Johns River Water Management District (the District) challenged in case number 1D00-522. In case number 1D99-2651, we AFFIRM the determination in the Division of Administrative Hearing’s final order that the District’s memorandum dated November 20, 1989, is an unpromulgated rule, but we REVERSE the order’s determinations that the District did not meet the “good faith” requirement of section 120.54(l)(a)l.c., Florida Statutes, and that Florida Administrative Code Rule 40C-4.051(ll)(c) is an invalid exercise of delegated legislative authority. It is clear from the record in these cases that in the challenged memo, in the proposed rules addressing the challenged memo, and in rule 40C 4.051(ll)(c), the District was implementing the “maintenance exemption” of section 403.813(2)(g), Florida Statutes, as that statute was interpreted in Corporation of President of Church of Jesus Christ of Latter-Day Saints v. St. Johns River Water Management District, 489 So. 2d 59 (Fla. 5th DCA 1986), review denied, 496 So. 2d 142 (Fla.1986), and was applied in Save the St. Johns River v. St. Johns River Water Management District, 623 So. 2d 1193 (Fla. 1st DCA 1993).
ALLEN and BROWNING, JJ., concur.
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Authorities Cited
- Sapp v. State, 489 So. 2d 59 (Fla. 4th DCA 1986)
- Wilkerson v. Wilkerson, 623 So. 2d 1193 (Fla. 5th DCA 1993)