§ 30-46. Review of appeal decisions.  


Latest version.
  • Any person aggrieved by the board of county commissioners' decision on an appeal from the board of zoning adjustment or the planning and zoning commission, or a decision of the board of county commissioners amending, altering or changing the comprehensive policy plan, zoning ordinance or ordinances or resolutions establishing classifications or districts as authorized by this article, may file a petition for writ of certiorari as authorized in the manner prescribed by the state appellate rules in the circuit court of the county, to review the decision of the board of county commissioners. The court shall not conduct a trial de novo. The proceedings before the board of county commissioners, including the testimony of witnesses, and any exhibits, photographs, maps or other documents filed before them, shall be subject to review by the circuit court of the county. A notice of intention to file petition for writ of certiorari shall be filed in the circuit court within ten (10) days after the decision of the board of county commissioners is filed in the office of the clerk of the board of county commissioners. The petition together with the transcript of the testimony of the witnesses, as record of the proceedings, shall be filed in the circuit court within thirty (30) days after the filing of the ruling by the board of county commissioners to which such petition is addressed, except the court may extend the time for filing the petition and transcript for good cause shown. The person filing the petition for certiorari shall be responsible for filing a true and correct transcript of the complete testimony of the witnesses. The person filing the petition for certiorari shall immediately serve a copy of the notice of intention to petition for a writ upon the planning and zoning director, who shall thereupon suspend the issuance of a use permit until the court has ruled upon the petition. Neither the planning and/or zoning director, nor the planning and zoning commission, nor the board of zoning adjustment shall be a party to the certiorari proceeding. Any person may intervene, pursuant to Florida RCP 1.230, as a respondent in the certiorari proceeding authorized by this section.

(Code 1965, § 37-16; Laws of Fla. ch. 63-1716, § 16; Laws of Fla. ch. 65-1999, § 5; Laws of Fla. ch. 71-795, § 6; Ord. No. 91-29, § 2(Exh. A), 12-10-91)