Opinion

Board of Commissioners v. Thibadeau

  • 956 So. 2d 529
  • 2007 Fla. App. LEXIS 7485
  • 2007 WL 1427461
Court
District Court of Appeal of Florida
Filed
May 16, 2007
Status
Published
Author
Warner
On the bench
Stevenson, Taylor, Warner
Cited by
6 cases

“[I]ndependent special districts are created by the legislature, and, like agencies, their powers are limited to those granted them.” (citations omitted)

How later courts described this case

  • “[I]ndependent special districts are created by the legislature, and, like agencies, their powers are limited to those granted them.” (citations omitted)

Written by the judges who cited it.

The opinion

WARNER, J.,

concurring specially.

I concur with the majority opinion with the exception of the majority’s determination that the Jupiter Inlet District has standing based upon delegated authority to file its own petition objecting to the Department’s issuance of the dock permit. Although the implementing legislation for the district requires that it be notified of any permit applications within the district, see eh.2000-412, § 5(b)(1), Laws of Fla., such notification of the permit is to allow JID to offer input. It does not give it standing to participate in a section 120.57 hearing which requires JID to have a substantial interest affected by the proposed agency action.

Furthermore, paragraph 7 of the agreement with the Board of Trustees of the Internal Improvement Trust Fund as quoted in the majority opinion reserves to the Board of Trustees the right to determine “whether or not any proposed uses by a third party are compatible with the uses authorized herein.” I interpret this to mean that it is for the Board, and not the JID, to determine whether a permitted use, such as a dock, is compatible. Thus, the Board of Trustees, not JID, has the substantial interest in a permit authorized over the submerged lands described in the agreement with JID.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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