Toppino's, Inc. v. Department of Community Affairs

District Court of Appeal of Florida

Toppino's, Inc. v. Department of Community Affairs

905 So. 2d 987, 2005 Fla. App. LEXIS 10042, 2005 WL 1523424

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 2005

DocketNo. 3D04-2290

StatusPublished

This text of 905 So. 2d 987 (Toppino's, Inc. v. Department of Community Affairs) 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

Toppino's, Inc. v. Department of Community Affairs, 905 So. 2d 987, 2005 Fla. App. LEXIS 10042, 2005 WL 1523424 (Fla. Ct. App. 2005).

Pincite

Opinion

PER CURIAM.

We affirm the final order of the Department of Community Affairs because the findings of fact in the order are supported by competent substantial evidence. § 120.68(7)(b), Fla. Stat. (2004); Siegel v. Career Servs. Comm’n., 413 So.2d 796 (Fla. 1st DCA 1982). Additionally,

the administrative construction of a statute by the agency charged with its administration should not be disregarded or overturned by a reviewing court except for most cogent reasons and unless clearly erroneous. [A] reviewing court must defer to an agency’s interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by substantial, competent evidence.

Metro. Dade County v. Dep’t of Envtl. Prot., 714 So.2d 512, 515 (Fla. 3d DCA 1998) (citations omitted). We find no basis [988]*988in this record for overturning the Department’s construction of the subject statute.

. n Atiirmed.

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