FLORIDA MARINE FISHERIES COMMISSION, APPELLANT/CROSS-APPELLEE, AND FLORIDA CONSERVATION ASSOCIATION, FLORIDA LEAGUE OF ANGLERS, FLORIDA AUDUBON SOCIETY, AND FLORIDA WILDLIFE FEDERATION, INTERVENORS/CROSS-APPELLEES,
v.
ORGANIZED FISHERMEN OF FLORIDA, ET AL., APPELLEES/CROSS-APPELLANTS
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The court affirmed the invalidation of three proposed fisheries rules as arbitrary and capricious, but reversed the hearing officer's finding that a fourth rule was valid because it relied on the same flawed data.
Three proposed Florida Marine Fisheries Commission rules are invalid as arbitrary and capricious, but a fourth rule's validity determination must be reversed because it was based on the same defective data.
[1] A hearing officer's determination that proposed administrative rules are valid may be reversed when based on the same flawed data underlying the invalidation of related r…
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Join FLexlaw to unlock all legal intelligenceThe Florida Marine Fisheries Commission proposed four administrative rules governing fisheries. A hearing officer in rule-making proceedings under sec…
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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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- Agrico Chem. Co. v. State of Fla. Dep't OF Env't Reg. & Sarasota Cnty., 365 So. 2d 759 (Fla. 1st DCA 1978)
- Adam Smith Enters., Inc. v. State of Fla. Dep't OF Env't Reg., 553 So. 2d 1260 (Fla. 1st DCA 1989)