Miami-Dade County v. Department of Community Affairs

Summary

The Florida Third District Court of Appeal reviewed the Administration Commission’s final agency action concerning Miami-Dade County’s amendment of its comprehensive plan to expand the Urban Development Boundary. The court held that the County failed to establish any statutory basis for remand or setting aside the agency action and affirmed the Commission’s final order.

Holdings

1. The record did not demonstrate that the Administration Commission exceeded the review authority granted by section 120.57(1)(i), Florida Statutes, or failed to comply with that provision.
2. The final agency action must be affirmed because Miami-Dade County failed to establish any statutory ground for remand or setting aside the order.

Questions Presented

1. Whether the Administration Commission exceeded the scope of its statutory authority when reviewing and modifying the ALJ's recommended order.
2. Whether the Administration Commission's final agency action was unsupported by competent, substantial evidence, based on an erroneous interpretation of law, or an unlawful exercise of discretion under section 120.68(7), Florida Statutes.

Disposition

affirmed