Legal Opinion

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Florida Attorney General Reports

Decided July 8, 1981Published

1Opinion of the Court

The Honorable Bob Graham Governor, State of Florida

The Honorable Vicki Tschinkel Secretary, Department of Environmental Regulation

QUESTIONS:

1. Can the Governor by executive order and the Governor and Cabinet by resolution or otherwise give binding directions to state agencies to implement and comply with Florida's Coastal Zone Management Plan without violating the requirements of the Florida Administrative Procedure Act?

2. May a state agency fund a legislatively authorized project without first adopting rules governing such expenditures?

SUMMARY:

1. Absent specific statutory authority therefor,…

2Cases cited10 opinions

  1. Shields v. BennettWest Virginia Supreme Court · 1874
  2. Lewis v. Florida State Board of HealthDistrict Court of Appeal of Florida · 1962
  3. Henry v. StateMississippi Supreme Court · 1905
  4. Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.District Court of Appeal of Florida · 1980
  5. Advisory Opinion to the GovernorSupreme Court of Florida · 1967

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