Issue link: https://newsleader.uberflip.com/i/161733
Sarasota News Leader August 30, 2013 ther may or may not choose to allow an inlet to be reopened at its option with or without any rational basis. This appears to constitute an arrogation of unbridled discretion to the department." Page 41 activity, which appears in this rule, is not included in the law implemented, s.161.041(1), F.S. This rule therefore appears to enlarge upon the law implemented. "Finally, the phrase 'recent human activity' is The letter continued, "Section 120.52(8)(d) [of not defined, rendering this rule impermissibly the Florida State Statutes] defines invalid ex- vague," the letter says. ercise of delegated legislative authority as the The conclusion, Herbert pointed out, was that vesting of unbridled discretion in an agency FDEP rules needed to be rewritten, and they by rule." were. It added, "The category of existing inlets To further underscore the question of whether which have been closed due to recent human Sarasota County had been treated unfairly in A chart in the 2006 Erickson report shows positive impacts that could be expected from the reopening of Midnight Pass. Image courtesy of Sarasota County