CITY OF MIAMI BEACH, FLORIDA, A MUNICIPAL CORPORATION, APPELLANT,
v.
MUTUAL BENEFIT LIFE INSURANCE COMPANY ET AL., APPELLEES
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The court held that the City of Miami Beach lacked the authority to change a provision of the South Florida Building Code, as exclusive authority rests with the Metropolitan Dade County Board of County Commissioners.
The City of Miami Beach appealed a final judgment holding it had no authority to change a provision of the South Florida Building Code. The trial cour…
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The City of Miami Beach appeals from a final judgment of the circuit court holding that the city had no authority to change a provision of the South Florida Building Code, the building code for both the incorporated and unincorporated areas of Dade County, Florida. See § 8-1, Code of Metropolitan Dade County.
The trial court correctly held that under Article 1, § 1.01A(13) of the Metropolitan Dade County Home Rule Charter, the Board of County Commissioners has the exclusive authority to adopt, enforce, amend, or modify building and related technical codes governing construction in both the incorporated and unincorporated areas of Dade County, Florida. See: Miami Shores Village v. Cowart, Fla.1959, 108 So.2d 468; City of Miami Beach v. Cowart, Fla.1960, 116 So.2d 432; City of Coral Gables v. Burgin, Fla.1962, 143 So.2d 859; City of Coral Gables v. Dade County, Fla.App.1966, 189 So.2d 530.
Acting upon a motion of the appellee to require appellant to post a bond as a requisite for supersedeas on this appeal (see Rule 5.12, Florida Appellate Rules, 32 F.S. A., and § 59.14, Fla.Stat, F.S.A.), this court has advanced this appeal for disposition. In further consideration of that motion and the record in this cause, the time for filing *273petition for rehearing on this decision is shortened to five days from the filing of this opinion.
Affirmed.
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Burleigh House, Inc. v. City OF Miami Beach, 239 So. 2d 273 (Fla. 3d DCA 1970)…PER CURIAM. This appeal presents the same issue that was decided in City of Miami Beach v. Mutual Benefit Life Insurance Company, Fla.App., 239 So. 2d 272, opinion filed this day. The trial court in the present case held that the ordinance was validly adopted pursuant to § 8-4(b) of the Code of Metropolitan Dade County, which section, among other things, grants the appropriate building official of an…
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City OF Miami Beach v. Mut. Benefit Life Ins. Co., 242 So. 2d 135 (Fla. 1970)…Certiorari denied. 239 So. 2d 272. ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.…
Authorities Cited
- Miami Shores Vill. v. Faris N. Cowart, 108 So. 2d 468 (Fla. 3d DCA 1958)
- City OF Miami Beach v. Farls Cowart, 116 So. 2d 432 (Fla. 1959)
- City OF Coral Gables v. Burgin, 143 So. 2d 859 (Fla. 1962)
- The City OF Coral Gables v. Dade Cnty., 189 So. 2d 530 (Fla. 3d DCA 1966)