Narrative Opinion Summary
The case involves a property owner challenging a code enforcement action by Osceola County, which found him in violation of local ordinances and the Florida Building Code for constructing structures without the necessary permits. The owner contended that the structures were exempt under section 604.50 of the Florida Statutes, which exempts nonresidential farm buildings serving agricultural purposes from the building code. The Code Enforcement Board ruled against the owner, and the circuit court affirmed this decision, citing adherence to due process and the presence of competent, substantial evidence supporting the ruling. The owner sought second-tier certiorari review, but the district court, limited to evaluating procedural adherence and legal standards, denied the petition. The court emphasized its restricted role in such reviews, underscoring that it cannot re-evaluate evidence, despite acknowledging the owner's position. This outcome underscores the procedural focus of second-tier certiorari and the importance of meeting statutory definitions for exemptions under the Florida Building Code.
Legal Issues Addressed
Due Process and Competent Substantial Evidencesubscribe to see similar legal issues
Application: The circuit court's decision was upheld because it observed due process and its findings were supported by competent, substantial evidence.
Reasoning: ...the court affirmed the CEB's decision, concluding that due process was observed, the law's essential requirements were met, and the findings were supported by competent, substantial evidence.
Exemption under Florida Statute Section 604.50subscribe to see similar legal issues
Application: The exemption for nonresidential farm buildings from the Florida Building Code was argued but not found applicable as per the statutory definition.
Reasoning: The statutory provision cited, section 604.50, exempts nonresidential farm buildings from the Florida Building Code if they serve agricultural purposes on land classified as agricultural...
Requirements for Building Permits under Florida Building Codesubscribe to see similar legal issues
Application: The property owner was found in violation of local ordinances and the Florida Building Code for constructing structures without the necessary permits.
Reasoning: The Code Enforcement Board (CEB) found Bencivenga violated local ordinances and the Florida Building Code by constructing four structures without required building permits.
Second-Tier Certiorari Review Limitationssubscribe to see similar legal issues
Application: The district court's review is confined to assessing whether the circuit court adhered to procedural due process and applied the correct legal standards.
Reasoning: In the context of second-tier certiorari review, the district court's role is limited to verifying the circuit court's adherence to procedural due process and the application of correct legal standards.