CITY OF SARASOTA, AND BRIDGE TOO HIGH COMMITTEE, APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, TOWN OF LONGBOAT KEY AND GOOD BRIDGE 2000, APPELLEES

Fla. 1st DCA | 2001-04-26
Nos. 1D00-0609, 1D00-0644
DAVIS and PADOVANO, JJ., concur.
783 So. 2d 1186 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 4 cases

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Synopsis

The City of Sarasota and Bridge Too High Committee appealed the Department of Transportation's decision to replace a drawbridge with a fixed-span bridge, challenging whether the decision was subject to administrative review under Florida law and whether they had standing to challenge it. The court reversed DOT's holdings that the decision was exempt from review and that appellants lacked standing, but affirmed the underlying approval of the bridge replacement.


Holding

The court reversed DOT's determination that the bridge replacement decision is exempt from chapter 120 review and that appellants lack standing. The decision to construct and locate the replacement bridge constitutes development of a major transportation improvement subject to chapter 120 provisions, and the appellants are substantially affected parties with standing to challenge it. The court affirmed the remainder of the final order approving the bridge replacement.


Headnotes

[1] A decision regarding the development of a major transportation improvement is subject to review under chapter 120, Florida Statutes.

[2] A decision to replace a drawbridge with a fixed-span bridge is considered the development of a major transportation improvement.

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Key Quotes

“We cannot agree that DOT's decision to construct and locate the replacement bridge is part of its strategic plan under sections 186.022 & 339.155(3)(b), Florida Statutes, thus making it exempt from the provisions of chapter 120, Florida Statutes. To the contrary, we find the decision to be a part of the "development of [a] major transportation improvement[ ]" under section 339.155(6)(b), and, accordingly, subject to the provisions of chapter 120, Florida Statutes.”

Establishes that DOT's bridge replacement decision is subject to chapter 120 administrative review requirements despite DOT's characterization of it as part of strategic planning.

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Facts & Procedural History

The Department of Transportation decided to replace a drawbridge with a 65-foot fixed-span bridge. The City of Sarasota and Bridge Too High Committee …

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Opinion of the Court
BROWNING, J.

BROWNING, J.

The City of Sarasota and Bridge Too High Committee (collectively “Appellants”) appeal the final order of Appellee Department of Transportation (DOT) entered after an administrative hearing, wherein Appellants challenged DOT’S decision to replace a drawbridge with a 65-foot, fixed-span bridge. The administrative law judge entered a recommended order finding DOT had not abused its discretion in reaching its decision, and recommending DOT issue a final order approv ing the replacement bridge. In its final order, DOT adopted the recommended order but, in addition, held its decision to replace the bridge is not subject to review under the provisions of chapter 120, Florida Statutes, and, if it is, Appellants lack standing to challenge the decision. Appellants appealed DOT’s final order on four grounds: (1) DOT’s decision to construct the replacement bridge is agency action subject to review under chapter 120, Florida Statutes; (2) Appellants are substantially affected parties with standing to challenge the decision; (3) DOT failed to conduct the required public hearings before making its decision; and (4) in reaching its decision, DOT failed to follow its own regulations. DOT responded that: (1) its decision to construct the replacement bridge was made as part of its agency strategic plan, and thus was not subject to the provisions of chapter 120, Florida Statutes; (2) alternatively, Appellants could not satisfy the “substantial interest” test required to confer standing; and (3) its final order was supported by competent substantial evidence.

We reverse those portions of the final order which provide DOT’s decision to replace the bridge is not subject to review under the provisions of chapter 120, Florida Statutes, and that Appellants lack standing to challenge such decision.

We affirm the remainder of the. final order. We cannot agree that DOT’s decision to construct and locate the replacement bridge is part of its strategic plan under sections 186.022 & 339.155(3)(b), Florida Statutes, thus making it exempt from the provisions of chapter 120, Florida Statutes. To the contrary, we find the decision to be a part of the “development of [a] major transportation improvement[ ]” under section 339.155(6)(b), and, accordingly, subject to the provisions of chapter 120, Florida Statutes. Because DOT erred in concluding otherwise, we reverse that portion of the final order. We also conclude that DOT erred by holding Appellants lack standing to raise a challenge under the provisions of chapter 120, Florida Statutes. DOT’s holding has been shown by ample precedent to be ill-founded, and we reverse that portion of the final order without further comment. See Department of Transp. v. Lopez-Torres, 526 So. 2d 674 (Fla.1988); see also Ereg, et al. v. Dep’t of Transp., DOT Case No. 94-0003, aff'd, Save Anna Maria, Inc. v. Dep’t of Transp., 744 So. 2d 476 (Fla. 2d DCA 1999); Friends of Hatchineha, Inc. v. Dep’t of Envtl. Prot., 580 So. 2d 267 (Fla. 1st DCA 1991); Agrico Chemical Co. v. Dep’t of Envtl. Regulation, 406 So. 2d 478 (Fla. 2d DCA 1981).

We affirm the remainder of the final order which adopts the recommended order of the administrative law judge.

AFFIRMED in part and REVERSED in part.

DAVIS and PADOVANO, JJ., concur.


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Citator

Cited By

  • Rosenzweig v. Dep't OF Transp., 979 So. 2d 1050 (Fla. 1st DCA 2008)
    …pman v. Dep’t of Educ., 908 So. 2d 1118, 1120-21, 1123 (Fla. 1st DCA 2005). A timely petition for such a hearing secures the right. See Dep’t of Transp. v. Lopez-Torres, 526 So. 2d 674 (Fla.1988); City of Sarasota v. State, Dep’t [*1057] of Transp., 783 So. 2d 1186 (Fla. 1st DCA 2001). Even if a dispute of material fact emerges after an informal hearing has begun, the informal hearing should cease and a formal hearing should be convened in its stead, “[n]otwithstanding ... [a prior] written election for an i…
  • Isla DEL SOL Owners' Ass'n v. Fla. Dep't of Transp., 793 So. 2d 1134 (Fla. 1st DCA 2001)
    …PER CURIAM. REVERSED. City of Sarasota v. State, 783 So. 2d 1186 (Fla. 1st DCA 2001). BARFIELD, KAHN, and PADOVANO, JJ„ CONCUR.…

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