South Fla. Regional Planning Council v. STATE LAND & WATER ADJUDICATORY COMM'N

372 So. 2d 159
CourtDistrict Court of Appeal of Florida
DecidedJune 12, 1979
Docket78-1600
StatusPublished
Cited by3 cases

This text of 372 So. 2d 159 (South Fla. Regional Planning Council v. STATE LAND & WATER ADJUDICATORY COMM'N) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Fla. Regional Planning Council v. STATE LAND & WATER ADJUDICATORY COMM'N, 372 So. 2d 159 (Fla. Ct. App. 1979).

Opinion

372 So.2d 159 (1979)

SOUTH FLORIDA REGIONAL PLANNING COUNCIL, Appellant,
v.
STATE of Florida LAND AND WATER ADJUDICATORY COMMISSION et al., Appellees.

No. 78-1600.

District Court of Appeal of Florida, Third District.

June 12, 1979.

*161 Milledge & Hermelee and Earl G. Gallop and Allan Milledge, Miami, for appellant.

Jim Smith, Atty. Gen. and Barry L. Silber, Asst. Atty. Gen., Tallahassee, Stuart L. Simon, County Atty. and Stanley B. Price, Asst. County Atty., Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel Wolff and Alan S. Gold, Miami, C. Lawrence Keesey, Tallahassee, for appellees.

Before HENDRY and KEHOE, JJ., and SCHULZ, GEORGE E., (Ret.), Associate Judge.

KEHOE, Judge.

Appellant, the South Florida Regional Planning Council[1] (SFRPC), pursuant to the provisions of Sections 120.68(2) and 380.07(5), Florida Statutes (1977), appeals a final order of the State of Florida Land and Water Adjudicatory Commission (Fla.WAC) which dismissed its petition to review an alleged development order issued by the Dade County Board of Commissioners (Dade Commissioners). Appellees are Dade County (Dade); Fisher Island, Inc., and Fisher Island Associates, Ltd., the property owners (Fisher); and Fla.WAC.

The recommended order of dismissal submitted to Fla.WAC by the hearing officer, which order was adopted by Fla.WAC as its final order, contains a summation of the facts of this cause; that order reads as follows:

"1. On April 10, 1978, the Department of Administration received Notice of Appeal and a Petition filed by the South Florida Regional Planning Council (SFRPC) wherein it seeks to appeal, pursuant to Section 380.07, Florida Statutes, a `Development Order' issued by the Dade County Board of County Commissioners (Dade County) on February 9, 1978, relative to proposed development of land on Fisher Island which is located South of Government Cut between Miami Beach and Virginia Key, Dade County, Florida. The SFRPC alleges in its Petition that a zoning resolution issued by the Board of County Commissioners on that date constitutes a development order as contemplated under Chapter 380.
"2. By letter of April 11, 1978, the Secretary of Administration, on behalf of the Florida Land and Water Adjudicatory Commission, referred the Notice of Appeal and Petition to the Division of Administrative Hearings for the appointment of a Hearing Officer, pursuant to Section 380.07, Florida Statutes, and Rule 22G-1.07, Florida Administrative Code.
"3. The owner of the land, Fisher's Island, Inc., a Florida Corporation, and its lessee, Fisher's Island Associates, Limited, a Florida limited partnership (Fisher), thereafter filed its Answer to the Petition denying, inter alia, that the zoning resolution is a development order and claiming that Chapter 380 is inapplicable, together with various affirmative defenses. It also filed a Motion to Dismiss the Petition wherein it asserted that the Florida Land and Water Adjudicatory Commission lacks jurisdiction over the subject matter and that the Petition does not state facts sufficient to serve as a *162 basis for appeal. The Motion is predicated on the fact that the Division of State Planning, Department of Administration, on November 24, 1975, issued a `Binding Letter of Interpretation' under Section 380.06(4), Florida Statutes, that the proposed project is not a development of regional impact. Dade County also filed an Answer to the Petition along similar lines, together with a `Suggestion of Lack of Jurisdiction' which was essentially based on the same grounds as Fisher's Motion to Dismiss.
"4. A prehearing conference was held to consider the various motions on May 15, 1978, at which time the Hearing Officer withheld ruling thereon pending receipt of pertinent documentary materials from the parties and submission of memorandums of law.
"5. The following is a summary of the sequence of events which preceded filing of the Petition herein:
"a. Fisher's Island, Inc. owns a parcel of land consisting of 179.23 acres on Fisher Island. In 1973, the parcel of land was leased with option to purchase to Fisher's Island Associates, Limited.
"b. On April 10, 1974, Fisher filed an application to Dade County for rezoning of the land to permit the development of approximately 5,000 condominium units and 1,500 hotel units.
"c. On April 11, 1975, Fisher filed an Application for Development Approval (ADA) for a development of regional impact with the SFRPC.
"d. Pursuant to Section 380.06(8), Florida Statutes, the SFRPC, in July 1975, issued and referred its report and recommendations on the development proposal to Dade County. In its report, it identified potentially adverse regional impacts resulting from the proposed development, but recommended denial of the application because of an alleged refusal of Fisher to provide sufficient information concerning development plans, methods and technology. In consideration of the adverse nature of the SFRPC report and of the fact that Dade County had adopted a new Comprehensive Development Water Plan, Fisher thereafter scaled down its original proposal to call for a maximum of 1,200 individual housing units and 200 hotel dwelling units, plus various ancillary facilities. This was in the form of a revised Letter of Intent to Dade County.
"e. On October 27, 1975, Fisher wrote to the Division of State Planning stating that it did not believe its revised proposal constituted a development of regional impact and requested a binding letter of interpretation by the Division to that effect. By letter of November 7, 1975 to the Division of State Planning, legal counsel for the SFRPC stated its position that Fisher's request for a binding letter of interpretation was inappropriate and should not be issued merely because the revised plan might bring the project below the numerical threshold guidelines for developments of regional impact based on county population as contained in Chapter 22F, Florida Administrative Code, and that the Division could not properly intervene in an ongoing DRI process by the issuance of a binding letter of interpretation. Additionally, by letter of November 12, 1975, SFRPC's counsel wrote to Dade County recommending denial of the ADA and enclosing a copy of its letter to the Division of State Planning.
"f. Nevertheless, the Acting Director of the Division of State Planning issued such a binding letter on November 24, 1975, which stated that the proposed development consisting of 1,200 dwelling units and 200 hotel units is not a residential development of regional impact as legally defined in Chapter 22F-2.20, Florida Administrative Code, and therefore would not be required to comply with the provisions of Section 380.06, Florida Statutes. The letter noted, however, that if any time in the future the development met such standards, it would then be subject to the DRI review and approval requirements.
"g. On November 26, 1975, Dade County deferred action on the application *163 to obtain an opinion of the Attorney General as to whether the SFRPC still had jurisdiction to review the revised application. On January 9, 1976, the Attorney General advised the Dade County Attorney that since Section 380.06(4)(a), Florida Statutes,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Citizens of the State of Florida v. Wilson
571 So. 2d 1300 (Supreme Court of Florida, 1990)
SUWANNEE RIVER AREA COUNCIL, ETC. v. State
384 So. 2d 1369 (District Court of Appeal of Florida, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
372 So. 2d 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-fla-regional-planning-council-v-state-land-water-adjudicatory-fladistctapp-1979.