FRIENDS OF THE EVERGLADES, TROPICAL AUDUBON, INC., AND SIERRA CLUB, APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION AND CITY OF MIAMI, FLORIDA, APPELLEES
PER CURIAM.
This is an appeal from an order of the Department of Environmental Regulation concerning issues arising under Section 258.165, Florida Statutes. The Court has determined that the appeal is premature because review by the Board of Trustees of the Internal Improvement Trust Fund has not been exhausted. See, Peterson v. State Department of Environmental Regulation, 350 So. 2d 544 (Fla. 1st DCA 1977); Section 5, Chapter 80-66, Laws of Florida; Chapter 17-1.70(2), Florida Administrative Code. Accordingly, this appeal is hereby dismissed without prejudice to any party’s right to appeal from an adverse decision by the Board of Trustees.
ROBERT P. SMITH, Jr., ERVIN and WENTWORTH, JJ., concur.
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Cmtys. Fin. Corp. v. Fla. Dep't of Env't Reg., 416 So. 2d 813 (Fla. 1st DCA 1982)…did. It is now well settled that where adequate administrative remedies are available, it is improper to seek relief in the circuit court before those remedies are exhausted. E.g. Friends of the Everglades v. State Dept. of Environmental Regulation, 387 So. 2d 511 (Fla. 1st DCA 1980); School Board of Leon County v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977); School Board of Flagler County v. Hauser, 293 So. 2d 681 (Fla.1974).1 One exception to this doctrine, which CFC claims, is where agency actions are so…
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KEY Haven Associated Enters., Inc. v. Bd. OF Trs. OF the Internal Improvement Tr. Fund & Dept. of Env't Reg., 400 So. 2d 66 (Fla. 1st DCA 1981)…tain review under 120.68, Florida Statutes, a challenger of agency action must avail himself of such additional appeals within the executive branch as are provided by statute. See Friends of the Everglades v. State Dept. of Environmental Regulation, 387 So. 2d 511 (Fla. 1st DCA 1980); Peterson v. State Dept. of Environmental Regulation, 350 So. 2d 544 (Fla. 1st DCA 1977); Booker Creek Preservation, Inc. v. Dept. of Environmental Regulation, 369 So. 2d 655 (Fla. 2d DCA 1979). . The record of a 1975 conference…
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- Peterson v. The State of Fla. Dep't OF Env't Reg., 350 So. 2d 544 (Fla. 1st DCA 1977)