BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND KERMIT LEWIN, APPELLANTS,
v.
JAMES D. MARKS AND CAROL MARKS, APPELLEES
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The Florida District Court of Appeal held that a circuit court had jurisdiction to review a Monroe County Board of Commissioners' decision reversing a Board of Adjustment ruling, because the thirty-day statutory filing deadline runs from the date of the final written resolution, not the oral announcement. This case clarifies the procedural requirements for appealing county administrative decisions.
The circuit court had jurisdiction because the thirty-day statutory period for filing relief in circuit court runs from the date of the final written resolution, not from the oral announcement. Filing within thirty days of the written resolution satisfies the jurisdictional requirement under Chapter 61-2503, section 10.
[1] Filing a complaint in the circuit court within thirty days of a county board of county commissioners' written resolution, reversing a board of adjustment decision, establ…
[2] The thirty-day period for seeking circuit court relief from a county board of county commissioners' decision begins to run from the date of the decision's recording in th…
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Join FLexlaw to unlock all legal intelligence“Any person or persons, jointly or severally, who may be aggrieved by any decision of the Board of County Commissioners made pursuant to a review of any decision or action of ... the Board of Adjustment ... may, within thirty (30) days after such decision, but not thereafter, apply to said Circuit Court for relief.”
The controlling statutory language establishing the thirty-day deadline for filing in circuit court.
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Join FLexlaw to unlock all legal intelligenceThe Monroe County Board of Commissioners announced an oral decision on March 22, 1982, reversing the Board of Adjustment and ordering a stop-work orde…
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BASKIN, Judge.
Rejecting appellants’ contention that the circuit court lacked jurisdiction to review the Monroe County Board of County Commissioners’ reversal of the Board of Adjustment, we hold that the filing of a complaint in the circuit court within thirty days of the Commissioners’ written resolution established circuit court jurisdiction.
Chapter 61-2503, section 10, Laws of Florida, provides:
Any person or persons, jointly or severally, who may be aggrieved by any decision of the Board of County Commissioners made pursuant to a review of any decision or action of ... the Board of Adjustment ... may, within thirty (30) days after such decision, but not thereafter, apply to said Circuit Court for relief.
The Monroe Board of County Commissioners announced its decision orally on March 22, 1982. Reversing the Board of Adjustment, the Board of County Commissioners required the director of the Department of Building, Planning and Zoning to post a stop-work order at appellees’ construction site for violation of county setback requirements, but the written resolution reflecting the Commissioners’ decision was not signed until several days later. Thus, although application to the circuit court was made thirty-two days after the oral decision, it was timely because it was filed within thirty days of the final written resolution. The special act, Chapter 61-2503, requires that “every decision or direction [of the Board of County Commissioners] shall be recorded in the minute book of such Board.” It is the recording that triggers the thirty-day period for filing for relief in the circuit court.*
Affirmed.
*
The Administrative Procedure Act does not apply because Monroe County has not been defined as an “administrative agency” by general or special law or judicial decision. Administrative Procedure Act, § 120.52(l)(c), Fla. Stat. (1981).
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The Izaak Walton League OF Am. v. Monroe Cnty. & Windley Key, Ltd., 448 So. 2d 1170 (Fla. 3d DCA 1984)…section are "particularly inapplicable to city commissions and should not be applied or construed to govern the legislative deliberations of city commissions.” 257 So. 2d at 104. Accord, e.g., Board of County Commissioners of Monroe County v. Marks, 429 So. 2d 793, 794, n. 1 (Fla. 3d DCA 1983) ("The Administrative Procedure Act does not apply because Monroe County has not been defined as an ‘administrative agency’ by general or special law or judicial decision.") It is all the more obvious that the judicial…
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Upper Keys Citizens Ass'n, Inc. v. Monroe Cnty. & City Nat'l Bank of Miami, 467 So. 2d 1018 (Fla. 3d DCA 1985)…f affirmance and corresponding minute book entry of November 30th and second, that the plaintiff lacked standing to bring the action. As to the first point, we reverse. This court has held in Board of County Commissioners of Monroe County v. Marks, 429 So. 2d 793 (Fla. 3d DCA 1983), construing the same section involved in this case, that the 30 days began to run from the recording of the “final written resolution” which occurred in the instant case January 7, 1983. As to the second point, this court in the e…