JOANNE SEMMER
v.
LEE COUNTY, FLORIDA, SOUTHERN COMFORT STORAGE, LLC, AND WILLIAM J. SEMMER

Fla. 1st DCA | 2023-10-25
No. 2023-0359
Florida District Court of Appeal, First District (2023)

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Holding

An appellant challenging a final agency action by the Administration Commission must establish at least one ground for reversal under section 120.68(7), Florida Statutes, or the action will be affirmed.


Headnotes

[1] In appellate review of final agency action by the Administration Commission, the appellant must demonstrate at least one ground for remand or setting aside the action as…

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Facts & Procedural History

Joanne Semmer appealed a final order of the Florida Administration Commission that found Lee County's comprehensive plan amendment complied with chapt…

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Per_curiam
Per Curiam

PER CURIAM.

Joanne Semmer appeals the final order of the Florida Administration Commission finding that a comprehensive plan amendment adopted by Lee County was in compliance with chapter 163, Florida Statutes. Because Appellant fails to argue or establish any of the grounds for this court to set aside the final agency action under section 120.68(7), Florida Statutes, the final order on appeal is affirmed. See Katherine's Bay, LLC v. Fagan, 52 So. 3d 19, 27 (Fla. 1st DCA 2010) (holding that section 120.68(7), Florida Statutes, applies to appellate review of final agency action by the Administration Commission); Miami-Dade Cnty. v. Dep’t of Cmty. Affairs, 54 So. 3d 633, 635 (Fla. 1st DCA

2011) (affirming challenge to final agency action by the Administration Commission where “appellant failed to demonstrate any ground for remand or setting aside the final agency action of the Administration Commission, as provided in section 120.68(7), Florida Statutes”).

RAY, BILBREY, and LONG, JJ., concur. _____________________________


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