MINETTE BENSON, BEATRICE DURCHSLAG, ROSLYN KREITMAN, FLORENCE SHIFF, ROBERT B. CUSHING, ESTELLE KOHN, AND VENETIAN ISLANDS IMPROVEMENT ASSOCIATION, INC., APPELLANTS,
v.
CITY OF MIAMI BEACH, DEPARTMENT OF COMMUNITY AFFAIRS, STORTFORD, N.V., MARK EDELSTEIN, CRAIG EDELSTEIN, SHEPARD EDELSTEIN AND LIDO SPA HOTEL, APPELLEES

Fla. 3d DCA | 1991-05-21
No. 90-2635
Before NESBITT, FERGUSON and LEVY, JJ.
591 So. 2d 942 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Residents of islands served by the Venetian Causeway appealed an administrative order approving Miami Beach's comprehensive plan. The court reversed, holding that notice published only in a limited-circulation beachfront newspaper section failed to meet statutory requirements for county-wide publication notice.


Holding

The court reversed, holding that the notice was defective because publication in the Beaches Neighbors section, which had limited circulation and readership, did not satisfy the statutory requirement for county-wide notice. The court did not reach the second issue regarding the RM-2 designation's consistency with plan goals.


Headnotes

[1] A newspaper of general circulation in a county must be circulated throughout the entire county to satisfy statutory notice requirements for administrative actions affecti…

[2] Publication in a newspaper section with limited geographical distribution does not satisfy the statutory requirement for county-wide notice of proposed administrative act…

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Key Quotes

“In our view, the interpretation advanced by the appellants gives plain meaning to all the words in section 163.3184(15)(c). It is unlikely that the legislature intended that the requirement for 'general ... circulation in the county' could be satisfied by showing that the newspaper is generally circulated in the county, notwithstanding that the section containing the notice has a limited circulation and readership.”

Establishes the court's holding that statutory language requiring county-wide circulation must be interpreted to ensure notice reaches the entire county, not just portions of it.

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Facts & Procedural History

The City of Miami Beach adopted a comprehensive plan that included an RM-2 land use designation for increased density on part of Belle Island. The cit…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants, all of whom live on the islands served by the Venetian Causeway in Dade County, appeal an administrative order of the Department of Community Affairs which determines that a comprehensive plan adopted by the City of Miami Beach is in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act.1

Two main issues are presented: (1) The notice failed to inform affected Dade County residents on the mainland of the proposed action because publication in the Beaches Neighbors section of The Miami Herald, a newspaper of general circulation, did not meet the requirements of the relevant statute that the notice be circulated county-wide; (2) the RM-2 land use plan designation of the north half of Belle Island, for increased density, is inconsistent with the City Plan’s goals relating to hurricane evacuation time and historic preservation. We reverse on a holding that the notice was defective without reaching the second issue.

The advertisement of public hearings for the adoption of proposed comprehensive plans is governed by section 163.-3184(15)(e), Florida Statutes (1989), which provides that:

The advertisement shall be published [a] in a newspaper of general paid circulation in the county and [b] of general interest and readership in the community, not one of limited subject matter, pursuant to Chapter 50.

Section 163.3164(14), Florida Statutes (1989), defines a “newspaper of general circulation” as a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Appellees contend that these definitional provisions refer “primarily to the contents of the publication, not its geographical distribution,” and that to adopt the appellants’ interpretation — that the newspaper must be circulated throughout the entire area in which the notice is intended to be read— would be adding a requirement to the statute which does not exist. We disagree. In our view, the interpretation advanced by the appellants gives plain meaning to all the words in section 163.3184(15)(c). It is unlikely that the legislature intended that the requirement for “general ... circulation in the county” could be satisfied by showing that the newspaper is generally circulated in the county, notwithstanding that the section containing the notice has a limited circulation and readership.

The factual context of this case underscores why the appellants’ interpretation of the statute is the more reasonable. A matter of concern was whether the proposed comprehensive plan, providing for increased development intensity, would adversely impact hurricance evacuation time for beach area residents or residents on the mainland near the beaches. Those mainland county residents near the beaches, who were not reached by the notice of limited circulation, were “interested persons” entitled to notice of the administrative hearing. See Town of Bay Harbor Islands v. Driggs, 522 So. 2d 912 (Fla. 3d DCA), rev. denied, 531 So. 2d 1352 (Fla.1988). The Beaches Neighbors section, which circulates only within certain beachfront towns, did not satisfy the statutory requirement for county-wide notice.2

Reversed and remanded with directions to give a new notice which apprises all interested persons of the pendency of the action and affords them an opportunity to be heard.

. Chapter 163, Part II, Florida Statutes (1989).

. Other jurisdictions have likewise held that "general circulation” requires a distribution throughout a specified area. See e.g., McIntyre v. Mohave County, 127 Ariz. 317, 620 P. 2d 696 (1980) ("where the statute requires circulation within a particular area, the aim is for the contents of the notice to be brought home to that portion of the general public within that area.”); Barrett v. Cuskelly, 52 Misc.2d 250, 275 N.Y.S.2d 280 (N.Y.Sup.1966) (“the newspaper must be circulated throughout the entire area in which the notice is intended to be read.”).


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Citator

Cited By

  • The Caliente P'ship v. Johnston, 604 So. 2d 886 (Fla. 2d DCA 1992)
    …son to conclude that the legislature, when drafting Florida’s growth management laws, intended heightened public scrutiny of and participation in future land use decisions. See § 163.-3181(1), Fla.Stat. (1991). And see Benson v. City of Miami Beach, 591 So. 2d 942 (Fla. 3d DCA 1991), rev. denied, 601 So. 2d 551, 601 So. 2d 553 (Fla.1992), wherein the court found insufficient publication of the notice required by § 163.3184(15)(c) because too few residents of Dade County could be expected to have read the news…

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