KENNETH BARNETTE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lorida Wildlife Fed'n & Collier Cnty. Audubon Soc'y v. Collier Cnty., 819 So. 2d 200 (Fla. 1st DCA 2002)
  …t depart from the contemporaneous construction of a statute by a state agency charged with its regulation unless the construction is “clearly erroneous.” PW Ventures, Inc. v. Nichols, 533 So. 2d 281, 283 (Fla.1988). Accord Miles v. Fla. A & M Univ., 813 So. 2d 242 (Fla. 1st DCA 2002). The interpretation the Department has given section 163.3177(6)(a) is not clearly erroneous. Although certain isolated portions of the statute support appellants’ argument that all land use categories must be subjected to an in…
• Leetroy Harris v. Fla. Parole Comm'n, 917 So. 2d 217 (Fla. 1st DCA 2005)
  …an agency need not defer to an administrative law judge on issues of law under Chapter 120). Additionally, an agency’s interpretation of its own statutes it must enforce is entitled to great deference by the courts. See Miles v. Florida A & M Univ., 813 So. 2d 242 (Fla. 1st DCA 2002). The legislature has granted the Commission the authority and the responsibility to determine whether a conditional releasee has violated the terms of his supervision. The Commission is entitled to deference when reaching a concl…
• Scherer v. Dep't OF Bus. & Prof'l, 919 So. 2d 662 (Fla. 5th DCA 2006)
  …rd complains that this Court is required to give deference to its interpretation of a statute, but this rule does not apply where the Board is interpreting general Florida law, not one of its own statutes. See generally Miles v. Florida A & M Univ., 813 So. 2d 242 (Fla. 1st DCA 2002); Proenza Sanfiel v. Department of Health, 749 So. 2d 525 (Fla. 5th DCA 1999). Furthermore, deference is not required when the Board’s interpretation of a statute is clearly wrong. See Legal Envtl. Assistance Found v. Board of Cou…