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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Askew v. Cross Key Waterways
Citation:
372 So. 2d 913 (Fla. 1978)Facts
In 1972, the Florida Legislature enacted the Environmental Land and Water Management Act in response to Article II, Section 7 of the Florida Constitution’s mandate to protect natural resources. The Act empowered the Division of State Planning to recommend, and the Administration Commission to designate, areas of critical state concern based on criteria including areas containing or impacting environmental, historical, natural, or archaeological resources of regional or statewide importance, and areas affected by major public facilities or investments. The Administration Commission designated the Green Swamp area (322,690 acres in Polk and Lake Counties) and virtually all of the Florida Keys as areas of critical state concern, adopting principles for guiding development and land development regulations for these areas. Landowners and developers in both designated areas challenged the constitutionality of the statutory scheme, arguing that the criteria in Section 380.05(2)(a) and (b) were unconstitutionally vague and represented an unlawful delegation of legislative authority to the executive branch.
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