FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PETITIONER,
v.
ESCAMBIA COUNTY AND HONORABLE JOHN P. KUDER, RESPONDENTS
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The Florida Department of Community Affairs sought a writ of prohibition to prevent the Circuit Court from reviewing orders of an administrative hearing officer. The court held that because ultimate appellate review of final administrative orders belongs in the district court of appeal, the circuit court lacked jurisdiction to issue writs of certiorari or prohibition challenging nonfinal administrative orders.
The Circuit Court lacks jurisdiction to review nonfinal orders or challenge the jurisdiction of DOAH. Because the district court of appeal has ultimate review authority over final orders of the Administrative Commission under chapter 120, Florida Statutes, extraordinary petitions challenging nonfinal orders or agency jurisdiction must be filed in the district court of appeal, not the circuit court.
[1] A circuit court lacks jurisdiction to issue writs of prohibition or certiorari to review orders issued by a hearing officer of the Division of Administrative Hearings (DO…
[2] Judicial review of final orders of the Administrative Commission, following proceedings under section 120.57(1), is properly instituted in the district court of appeal, n…
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Join FLexlaw to unlock all legal intelligence“The power to issue the writ of prohibition is predicated on appellate review and supervisory power.”
Establishes the foundational requirement that jurisdiction to issue prohibition must rest on appellate authority
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Join FLexlaw to unlock all legal intelligenceThe Department of Community Affairs issued a notice of intent to find Escambia County's Comprehensive Plan not in compliance with state law. A formal …
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PER CURIAM.
Petitioner filed a petition for writ of prohibition with this court seeking to prevent the Circuit Court from entertaining petitions for writs of certiorari and prohibition to review orders issued by a hearing officer of the Division of Administrative Hearings (DOAH). Finding that the circuit court was without jurisdiction, we previously granted relief by unpublished order. We now explicate our reasons for issuing the writ of prohibition.
Petitioner, the Department of Community Affairs (Department), issued a notice of intent to find the Escambia County Comprehensive Plan not in compliance with section 163.3184, Florida Statutes (Supp.1990). A formal administrative hearing pursuant to section 120.57(1) was to be conducted by DOAH beginning on May 13, 1991. Shortly before the scheduled hearing date, Es-cambia County (County) filed a motion to compel discovery and to continue the hearing. The DOAH hearing officer denied both motions and the County sought review in Circuit Court by writ of prohibition and writ of certiorari. The Circuit Court entered orders to show cause on both petitions and also granted a stay.
The Department then filed a petition for writ of prohibition in this court arguing that DOAH is not an inferior tribunal to the Circuit Court and therefore, the Circuit Court did not have jurisdiction to grant the relief requested by the County. The Department argued that because the Circuit Court did not have jurisdiction to review orders issued by DOAH, the Circuit Court did not have jurisdiction to issue a writ of certiorari or prohibition to DOAH. We agreed, granted the writ of prohibition by unpublished order and now explain our reasoning.
The power to issue the writ of prohibition is predicated on appellate review and supervisory power. See, Leonard v. Morgan, 548 So. 2d 803 (Fla. 1st DCA 1989), State ex rel. Sentinel Star Company v. Lambeth, 192 So. 2d 518 (Fla. 4th DCA 1966) and State ex rel. Gerstein v. Schulz, 180 So. 2d 367 (Fla. 3d DCA 1965). Section 120.52(l)(b) defines “agency" as each state officer and each state department, commission and authority, including those described in chapter 163. Here, the Department and the County are proceeding under chapter 163. Section 163.3184 governs the process for adoption of comprehensive plans. Sections 163.3184(9)(b) and (10)(a) state that a proceeding under section 120.-57 shall be conducted in the affected local jurisdiction. A recommended order is then issued by the DOAH hearing officer to the Administrative Commission. Chapter 28-39 F.A.C. provides the rules of procedure for review of local comprehensive plans. The rules apply to proceedings before the Administrative Commission following either a recommended order or the non-submission of a local comprehensive plan. Rule 28-39.005(4) states that “[fjinal orders of the Commission shall be subject to judicial review pursuant to Chapter 120, Florida Statutes.” This rule references as specific authority sections 14.202 and 120.53. The rule also states that the law being implemented is section 163.3184(11), which governs the final order issued by the Administrative Commission pursuant to section 163.3184(9) or (10). Section 120.68 grants the right of judicial review to a party who is adversely affected by final agency action. Section 120.68(2) provides that “[ejxcept for matters for which judicial review by the Supreme Court is provided by law, all proceedings for review shall be instituted by filing a petition in the district court of appeal in the appellate district where the agency maintains its headquarters or where a party resides.”
Because ultimate review of the final order of the Administrative Commission is in this court, an extraordinary petition to review a nonfinal order or to challenge the jurisdiction of the agency or DOAH is properly filed in this court, not the Circuit Court. We make no determination regarding the merits of the petitions filed in the Circuit Court, we find only that jurisdiction is properly in this court. Accordingly, the petition for writ of prohibition is granted.
WRIT ISSUED.
JOANOS, C.J., and WIGGINTON and NIMMONS, JJ., concur.
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Dep't OF Health v. Robert H. Barr, D.M.D., 882 So. 2d 501 (Fla. 1st DCA 2004)…risdiction is properly in this court. The circuit court does not have jurisdiction to issue an extraordinary writ if it does not have direct appellate jurisdiction over the subject matter. See Florida Dep’t of Community Affairs v. Escambia County, 582 So. 2d 1237 (Fla. 1st DCA 1991); State ex rel. Bettendorf v. Martin County Env. Control, 564 So. 2d 1227 (Fla. 4th DCA 1990). An extraordinary writ challenging matters in an administrative action is properly filed in this court, not the circuit court. Escambia…
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Egner v. Unemployment Appeals Comm'n & Rick Gettig Heating & Air Conditioning, Inc., 633 So. 2d 1157 (Fla. 1st DCA 1994)…emedy of appellate review of non-final administrative orders, just as the power to exercise extraordinary writ jurisdiction, is properly predicated on appellate review and supervisory power. Cf. Florida Dep’t of Community Affairs v. Escambia County, 582 So. 2d 1237 (Fla. 1st DCA 1991). For the above reasons, we conclude that the District Court of Appeal, Second District, is the appropriate forum to consider this petition and, in accordance with Florida Rule of Appellate Procedure 9.040(b), this cause is here…
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The Caliente P'ship v. Johnston, 604 So. 2d 886 (Fla. 2d DCA 1992)…ship, seeks a writ of prohibition based on its belief that the Department of Community Affairs (DCA) is barred by statute from contesting the amendment.1 We have jurisdiction. See State of Florida, Department of Community Affairs v. Escambia County, 582 So. 2d 1237 (Fla. 1st DCA 1991). Pursuant to section 163.3184(8)(b), Florida Statutes (1991), DCA has 45 days from receipt of formally adopted amend [*887] ments to a comprehensive plan to determine whether those amendments are in compliance with the Growth Ma…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Richard E. Gerstein v. Honorable George E. Schulz, 180 So. 2d 367 (Fla. 3d DCA 1965)
- State of Fla. ex rel. Sentinel Star Co., Inc. v. The Honorable Douglas S. Lambeth, 192 So. 2d 518 (Fla. 4th DCA 1966)
- Leonard v. Morgan, 548 So. 2d 803 (Fla. 1st DCA 1989)