Florida Marine Fisheries Commission v. Organized Fishermen of Florida

District Court of Appeal of Florida

Florida Marine Fisheries Commission v. Organized Fishermen of Florida

610 So. 2d 92, 1992 Fla. App. LEXIS 12801, 1992 WL 379420

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 1992

DocketNo. 91-4056

StatusPublished

This text of 610 So. 2d 92 (Florida Marine Fisheries Commission v. Organized Fishermen of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Florida Marine Fisheries Commission v. Organized Fishermen of Florida, 610 So. 2d 92, 1992 Fla. App. LEXIS 12801, 1992 WL 379420 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

This is an appeal and cross-appeal from a final order of the hearing officer in rule-making proceedings held pursuant to section 120.54, Florida Statutes (1991). The order constitutes “final agency action” under section 120.54(4)(d). We hold that the findings of fact are supported by competent substantial evidence, and that the conclusions of law, stating that the Florida Marine Fisheries Commission’s proposed Rules 46-39.0055, 46-39.0075, and 46-39.-0095, Florida Administrative Code, are arbitrary and capricious, and therefore invalid, are correct. See section 120.52(8); Adam Smith Enterprises, Inc. v. State Dep’t of Environmental Regulation, 553 So.2d 1260 (Fla. 1st DCA 1989); Agrico Chemical Co. v. State Dep’t of Environmental Regulation, 365 So.2d 759 (1st DCA 1978), cert. den., 376 So.2d 74 (Fla.1979). Accordingly, we affirm that portion of the final order invalidating those proposed rules. With regard to Appellees’ cross-appeal of the portion of the order finding proposed Rule 46-39.005(2)(b), Florida Administrative Code, valid, we hold that the record does not support the finding of validity, and we reverse that portion of the final order because the hearing officer relied on the same flawed data upon which the determination of invalidity was based. See section 120.68(10).

AFFIRMED in part and REVERSED in part.

BOOTH, SHIVERS and WEBSTER, JJ., concur.

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PER CURIAM.

This is an appeal and cross-appeal from a final order of the hearing officer in rule-making proceedings held pursuant to section 120.54, Florida Statutes (1991). The order constitutes “final agency action” under section 120.54(4)(d). We hold that the findings of fact are supported by competent substantial evidence, and that the conclusions of law, stating that the Florida Marine Fisheries Commission’s proposed Rules 46-39.0055, 46-39.0075, and 46-39.-0095, Florida Administrative Code, are arbitrary and capricious, and therefore invalid, are correct. See section 120.52(8); Adam Smith Enterprises, Inc. v. State Dep’t of Environmental Regulation, 553 So.2d 1260 (Fla. 1st DCA 1989); Agrico Chemical Co. v. State Dep’t of Environmental Regulation, 365 So.2d 759 (1st DCA 1978), cert. den., 376 So.2d 74 (Fla.1979). Accordingly, we affirm that portion of the final order invalidating those proposed rules. With regard to Appellees’ cross-appeal of the portion of the order finding proposed Rule 46-39.005(2)(b), Florida Administrative Code, valid, we hold that the record does not support the finding of validity, and we reverse that portion of the final order because the hearing officer relied on the same flawed data upon which the determination of invalidity was based. See section 120.68(10).

AFFIRMED in part and REVERSED in part.

BOOTH, SHIVERS and WEBSTER, JJ., concur.

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610 So. 2d 92, 1992 Fla. App. LEXIS 12801, 1992 WL 379420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-marine-fisheries-commission-v-organized-fishermen-of-florida-fladistctapp-1992.

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