SWEETWATER UTILITY CORP., A FLORIDA CORPORATION, PETITIONER,
v.
HILLSBOROUGH COUNTY, FLORIDA, ET AL., RESPONDENTS
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Sweetwater Utility Corp. sought review of a Hillsborough County ordinance regarding sewer utility rates under the Administrative Procedure Act. The court dismissed the petition, holding that a county board of commissioners is not an "agency" subject to judicial review under the Act unless expressly made so by general or special law or existing judicial decisions.
The county board of commissioners is not an agency subject to judicial review under the new Administrative Procedure Act absent express statutory authorization or existing judicial decisions making it so. No such authorization or precedent exists for a general board of county commissioners, distinguishing them from specialized county boards like school boards that are part of state systems.
[1] A county board of commissioners is not an agency subject to judicial review under the Administrative Procedure Act unless expressly made subject by general or special law…
[2] The Administrative Procedure Act defines an agency to include units of government expressly made subject to the act by general or special law or existing judicial decisio…
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Join FLexlaw to unlock all legal intelligence“Each other unit of government in the state, including counties and municipalities to the extent they are expressly made subject to this act by general or special law or existing judicial decisions.”
The statutory language that limits county board coverage under the Administrative Procedure Act, requiring express authorization rather than implicit inclusion as units of government.
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Join FLexlaw to unlock all legal intelligenceThe Board of County Commissioners of Hillsborough County enacted an ordinance relating to the determination of rates of return for franchised sewer ut…
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GRIMES, Judge.
Petitioner has filed in this court a petition for writ of certiorari seeking review of certain portions of an ordinance enacted by the Board of County Commissioners of Hillsborough County relating to the determination of appropriate rates of return for franchised sewer utilities in that county. Being uncertain of its remedy, petitioner has simultaneously filed in the Circuit Court of Hillsborough County a complaint for declaratory judgment and other relief directed to the same ordinance. Respondents have now filed a motion to dismiss in this court contending that the Board of County Commissioners of Hillsborough County is not an agency subject to judicial review under the provisions of the new Administrative Procedure Act.
Subsections (1) and (2) of Fla.Stat. § 120.68 (1974) call for judicial review of final agency action in the applicable district court of appeal except where review by the Supreme Court is provided by law. The subject matter of this lawsuit does not fall within any area for which judicial review by the Supreme Court is so provided. Accordingly, the issue raised by the motion turns on whether the Board of County Commissioners of Hillsborough County is an agency within the meaning of § 120.-52(1) (c) (1974), which reads:
“(c) Each other unit of government in the state, including counties and municipalities to the extent they are expressly made subject to this act by general or special law or existing judicial decisions.”
One might reasonably contend that a board of county commissioners is necessarily a “unit of government in the state.” Yet, the legislature specifically chose to include counties within this definition only if “expressly made subject to this act by general or special law or existing judicial decisions.”
There are several cases arising under the old Administrative Procedure Act in which a county board of public instruction was determined to be a state agency whose actions were reviewable by a petition to the district court of appeal. Board of Public Instruction of Broward County v. State ex rel. Allen, Fla.1969, 219 So. 2d 430; Canney v. Board of Public Instruction of Alachua County, Fla.App.1st 1969, 222 So. 2d 803; Adams v. Board of Public Instruction of Okaloosa County, Fla.App.1st, 1969, 225 So. 2d 423. However, the rationale underlying these cases was that a county school board is part of the state system of public instruction. On the other hand, a county civil service board was held not to be a state agency within the meaning of the old Administrative Procedure Act. More recently, this court in Florida Cities Water Company v. Board of County Com’rs., Fla.App.2d, 1973, 281 So. 2d 580, declined to decide as unnecessary to its decision the question of whether the Board of County Commissioners of Sarasota County was a state agency under the old act.
Thus, it appears there is no “existing judicial decision” which would characterize a board of county commissioners as an agency for purposes of judicial review under the new Administrative Procedure Act. Likewise, no general or special law has been called to our attention which would make such boards subject to this act.
The motion is granted, and the petition for certiorari is hereby dismissed.
BOARDMAN, Acting C. J., and SCHEB, J., concur.
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Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty., 595 So. 2d 65 (Fla. 5th DCA 1991)…on was "refuted”, because during development, the elevation of the property in question could and would be raised sufficiently to remove the property from the 100 year flood plain elevation. . Citing Sweetwater Utility Corp. v. Hillsborough County, 314 So. 2d 194 (Fla. 2d DCA 1975); Town of Belleair v. Moran, 244 So. 2d 532 (Fla. 2d DCA 1971); DeSisto College v. Town of How-ey-in-the-Hills, 706 F.Supp. 1479, 1498 fn. 1 (M.D.Fla.1989). . City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982); Educati…
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The Bd. OF Cnty. Comm'rs OF Hillsborough Cnty. v. CASA Dev. Ltd., II, 332 So. 2d 651 (Fla. 2d DCA 1976)…k the action of the Board in denying the application. The Administrative Procedure Act does not pertain because the Board of County Commissioners is not an agency covered by the Act. Sweetwater Utility Corp. v. Hillsborough County, Fla.App.2d, 1975, 314 So. 2d 194. However, the Special Act which authorized Hillsborough County to issue water and sewer franchises contains a provision of its own relating to review of board action under that law. Thus, Section 7 of the Special Act states: “Section 7. Within fift…
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Fla. Water Servs. Corp. v. Hannah M. "Nancy" Robinson, 856 So. 2d 1035 (Fla. 5th DCA 2003)…or special law); Board of County Commissioners of Hillsborough County v. Casa Development, Ltd., 832 So. 2d 651 (Fla. 2d DCA 1976) (board of county commissioners is not an agency covered by the APA); Sweetwater Utility Corp. v. Hillsborough County, 314 So. 2d 194 (Fla. 2d DCA 1975) (board of county commissioners is not an agency subject to judicial review under APA). Nor do we find anything in the revisions of the definition of “agency” to indicate the Legislature has changed the scope of the APA’s applicati…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nolan Adams v. The Bd. OF Pub. Instruction OF Okaloosa Cnty., 225 So. 2d 423 (Fla. 1st DCA 1969)
- Canney v. The Bd. OF Pub. Instruction OF Alachua Cnty., 222 So. 2d 803 (Fla. 1st DCA 1969)
- Granieri v. Mount Sinai Hosp., 219 So. 2d 430 (Fla. 1969)
- The Bd. OF Pub. Instruction OF Broward Cnty. v. State of Fla. ex rel. Robert E. Allen, Sr., 219 So. 2d 430 (Fla. 1969)
- Fla. Cities Water Co. v. Bd. OF Cnty. Comm'rs of Sarasota Cnty., 281 So. 2d 580 (Fla. 2d DCA 1973)