Summary
information-gathering activities of regional planning council staff did not involve entry of a rule or order sufficient to constitute "agency action" under Act
Summary of this case from Dept. of Transp. v. Blackhawk QuarryOpinion
No. 83-2316.
July 3, 1984. Rehearing Denied October 12, 1984.
Petition for review from the Regional Planning Council.
Michael F. Chenoweth, Miami, for appellants.
Josias Goren and Samuel Goren, Fort Lauderdale, Greenberg, Traurig, Askew, Lipoff, Rosen Quentel, Miami, and Alan S. Gold, South Miami, and Anthony J. O'Donnell, Jr., Fort Lauderdale, for appellees.
Before BARKDULL, BASKIN and FERGUSON, JJ.
Because information-gathering activities of staff for the South Florida Regional Planning Council neither involved the entry of a rule or order nor determined substantial interests or otherwise precluded a point of entry into the agency's decision-making process, there was no reviewable "agency action" under Section 120.52(2) and (10), Florida Statutes (1983) and Florida Administrative Code Rule 28-5.111. Appellant's premature petition for a formal hearing, pursuant to Section 120.57(1), to review staff information-gathering and sufficiency notification activities which allegedly precluded public participation in the development of regional impact review process, was properly denied.
Affirmed.