Administrative Law

Florida A & M University Board of Trustees v. Bruno

Trial court erred by enjoining a student government election because it lacked jurisdiction per section 1004.26(5), Florida Statutes. Florida A &M University Board of Trustees v. Bruno, 41 Fla. L. Weekly D1886 (Fla. 1st DCA Aug. 15, 2016).

State of Florida, Department of Environmental Protection v. Beach Group Investments, LLC

Trial court erred by entering an order finding that the Department of Environmental Protection had taken plaintiff’s property by entering an order which constituted an “as-applied regulatory taking” because the order invited a variance application and because the developer did not propose an alternative development plan and therefore the “Taking Order” was not ripe for review. State of Florida, Department of Environmental Protection v. Beach Group Investments, LLC, 41 Fla. L. Weekly D1795 (Fla. 4th DCA Aug. 3, 2016).

Webber v. State of Florida, Dept. of Business and Professional Regulation

Department of Business and Professional Regulation erred by entering an Order of Emergency Suspension of License because the factual allegations of the complaint did not set forth an “immediate serious danger to the public health, safety, or welfare” and because the order was no “narrowly tailored to be fair.”  Webber v. State of Florida, Dept. of Business and Professional Regulation, 41 Fla. L. Weekly D1771 (Fla. 1st DCA August 2, 2016).

Herbits v. Board of Trustees of the Internal Improvement Trust Fund

Board of Trustees properly dismissed a petition for formal administration of a decision approving City of Miami’s request for a partial modification of a deed restriction on was once sovereign submerged land because such decision did not entail rulemaking and because the property ceased being sovereign submerged land when it was conveyed to the city.  Herbits v. Board of Trustees of the Internal Improvement Trust Fund, 195 So.3d 1149 (Fla. 1st DCA June 24, 2016).

del Pino Allen v. United Faculty of Miami-Dade College

Public Employee’s Relations Commission properly dismissed charge of unfair labor practices charge alleging violation of Florida’s Sunshine Law because such charge is enforceable by the courts.  del Pino Allen v. United Faculty of Miami-Dade College, 197 So.3d 604 (Fla. 3d DCA June 22, 2016)

A.F. v. Seminole County School Board

School Board properly determined it lacked jurisdiction to consider a petition seeking a formal administrative hearing regarding a complaint that the School Board incorrectly scored two children’s matrices determining eligibility for scholarship because plaintiff failed to pursue her administrative remedies set forth in section 1002.39(6)(c), Florida Statutes (2015).  A.F. v. Seminole County School Board, 190 So.3d 1149 (Fla. 5th DCA May 6, 2016).