Issue link: https://newsleader.uberflip.com/i/161733
Sarasota News Leader August 30, 2013 Page 40 was coming, the county withdrew that appli- the Midnight Pass Society. "We were astoundcation, Wreford explained to the News Leader. ed," Herbert added. Herbert told the News Leader the Midnight Pass Society challenged the department's action at that time, saying it had exceeded its authority in a number of ways. As a result of that, Herbert continued, the state's Joint Administrative Procedure Committee (JAPC) sent a letter to the FDEP general counsel on March 11, 2009, agreeing with That JAPC letter to Tom Beason, general counsel of the department, pointed out concerns with DEP Rule 62B-41.005. Among other facets of that rule, the letter points out, the rule "also states that previously existing inlets which have been closed due to recent human activity 'may' be reopened if certain conditions are met. Use of the word 'may' necessarily implies that the department ei- Another 2006 chart prepared by Erickson Consulting Engineers shows more details regarding the effects the pass's closure has had on Little Sarasota Bay. Image courtesy Sarasota County