GILBERT E. MORCROFT AND CATHERINE S. MORCROFT, HIS WIFE, PETITIONERS,
v.
DEPARTMENT OF NATURAL RESOURCES, STATE OF FLORIDA, RESPONDENT
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Petitioners sought judicial review of a Department of Natural Resources order establishing a restricted boating area in South Lake, Florida. The court dismissed the petition as untimely, finding the relevant final order was issued January 12, 1977, not the April 27, 1978 letter petitioners relied upon.
The April 27, 1978 letter was not the final order establishing the South Lake restricted area; it addressed only restricted zones on the intra-coastal waterway. The final order was issued January 12, 1977, making the April 27, 1978 appeal untimely.
[1] An appeal from an administrative order is untimely if filed after the expiration of the time period prescribed by the rules of appellate procedure.
[2] A letter from an administrative agency concerning restricted zones on an intra-coastal waterway does not constitute a final order establishing a restricted boating area i…
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Join FLexlaw to unlock all legal intelligence“The record reflects that prior to March 5, 1976, the City of Hollywood requested the Department of Natural Resources to establish the restricted area pursuant to Section 371.522, Florida Statutes.”
Establishes the procedural timeline and statutory basis for the Department's action
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Join FLexlaw to unlock all legal intelligenceThe City of Hollywood requested the Department of Natural Resources establish a restricted boating area in South Lake prior to March 5, 1976. Notice w…
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PER CURIAM.
Petitioners have filed their “Petition for Review of Order of Department of Natural Resources, State of Florida, Dated April 27, 1978” wherein they contest the establishment of a restricted boating area in South Lake, City of Hollywood, Florida. We treat the petition as an appeal seeking review of administrative action pursuant to Rule 9.110. The record reflects that prior to March 5, 1976, the City of Hollywood requested the Department of Natural Resources to establish the restricted area pursuant to Section 371.522, Florida Statutes. Notice of the City’s intent to restrict the area of South Lake by establishing speed limits was published in the Hollywood Sun Tattler on March 27, 1976, and although not required by Section 371.522, Florida Statutes, the City held a public hearing on April 7, 1976, at which time no one requested to be heard. Thereafter, the City adopted a resolution to provide for the speed restrictions. On January 12, 1977 the Department of Natural Resources, by letter, issued its final approval for the requested restricted area and the placing of regulatory markers controlling the speed within the restricted area.
Appellants (petitioners) now appeal from a letter of April 27, 1978 which they contend is a final order of the Department of Natural Resources establishing the South Lake restricted area. To the contrary, the said letter of April 27, 1978, together with its attachments, indicate that it deals solely with restricted zones on the intra-coastal waterway. Accordingly, any appeal would necessarily have been from the order of January 12, 1977 and this appeal is therefore untimely. Fla.R.App.P. 9.110(b). The record does not support a review of the order of April 27, 1978.
Appeal dismissed.
DOWNEY, C. J., and CROSS and MOORE, JJ., concur.