Dusseau v. Metro. Dade Cnty. Bd. of Cnty. Commissioners, 794 So. 2d 1270 (Fla. 2001). · Go Syfert
Dusseau v. Metro. Dade Cnty. Bd. of Cnty. Commissioners, 794 So. 2d 1270 (Fla. 2001). Cases Citing This Book View Copy Cite
Quick Summary

A circuit court departs from the essential requirements of law when it reweighs evidence instead of reviewing the agency decision for competent substantial evidence.

After a local commission approved a special exception for a church, a circuit court reversed the decision by reweighing conflicting evidence to determine which side met the burden of proof. On second-tier certiorari review, a district court determined the circuit court applied the wrong law but improperly conducted its own review of the record for competent substantial evidence. The Supreme Court holds that while a circuit court must determine if an agency decision is supported by competent substantial evidence, a district court on second-tier review is precluded from assessing the record for such evidence and must instead limit its review to whether the circuit court afforded due process and applied the correct law.

168 citation events (168 in the last 25 years) across 3 distinct courts.
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Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Concurrence In re Amendments to the Florida Rules of Appellate Procedure-2017 Regular-cycle Report., 256 So. 3d 1218 (Fla. 2018)
“Dade Cty. , 794 So.2d 1270 , 1277 (Fla. 2001) (Pariente, J., concurring, joined by Anstead and Lewis, JJ.).”
Dissent Joseph B. Wiggins v. Florida Dep't of High. Saf. & Motor Vehs., 209 So. 3d 1165 (Fla. 2017)
“In Dusseau v. Metropolitan Dade County Board of County Commissioners, 794 So.2d 1270, 1275 (Fla. 2001), we described the circuit court’s erroneous approach in conducting first-tier certiorari review as follows: Although the circuit court phrased its reversal in terms of “competent substantial evidence,” the plain language of its order shows that the court in fact reweighed the evidence, at length.”
Cited for
At page 1275 Reweighing evidence versus competent substantial evidence review15 citing casesthe court should review the record to determine simply whether the Commission’s decision is supported by competent substantial evidence.5 citing courts put it this way
  • Sch. Bd. of Hillsborough Cnty., FL v. Tenney, 210 So. 3d 130 (Fla. 2d DCA 2016).published 4 cites
    (Although the circuit court phrased its reversal in terms of ‘competent substantial evidence,’ the plain language of its order shows that the court in fact reweighed the evidence, at length.)
  • State, Dep't of High. Saf. v. Baird, 175 So. 3d 363 (Fla. 3d DCA 2015).published 3 cites
    (the court should review the record to determine simply whether the Commission’s decision is supported by competent substantial evidence.)
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 22, 2014).published 11 cites
    (the court should review the record to determine simply whether the Commission's decision is supported by competent substantial evidence.)
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 3, 2014).published 11 cites
    (the court should review the record to determine simply whether the Commission's decision is supported by competent substantial evidence.)
  • State, Dep't of High. Saf. & Motor Vehs. v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014).published 22 cites
    (the court should review the record to determine simply whether the Commission's decision is supported by competent substantial evidence.)
  • Dep't of High. Saf. & Motor etc. v. Eric Hirtzel, 163 So. 3d 527 (Fla. 1st DCA 2015).published 3 cites
    Comm’rs, 794 So.2d 1270 , 1275 (Fla.2001); Wiggins, 151 So.3d at 463 ; see also Dep’t of Highway Safety & Motor Vehicles v. Favino, 667 So.2d 305, 309 (Fla. 1st DCA 1995) (“By failing to apply the correct standard of review, the circuit co…
  • Joseph B. Wiggins v. Florida Dep't of High. Saf. & Motor Vehs., 209 So. 3d 1165 (Fla. 2017).published 6 cites
    (also zoning)
  • Monroe Cnty. v. Carter, 41 So. 3d 954 (Fla. 3d DCA 2010).published
    Dade County, 794 So.2d 1270, 1275 (Fla. 2001).
  • Nucci v. Nucci, 987 So. 2d 135 (Fla. 2d DCA 2008).published
    Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1275 (Fla.2001).
  • Clay Cnty. v. Kendale Land Dev., 969 So. 2d 1177 (Fla. 1st DCA 2007).published
    Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1275 (Fla.2001) (quoting from Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1093 (Fla.2000)); G.B.V.
Show 5 more citing cases
  • Dan Jt. Venture III, LP v. Armstrong, 929 So. 2d 1186 (Fla. 4th DCA 2006).published
    (holding the district court erred by reviewing the evidence and making an evidentiary ruling on second-tier review)
  • City of Hialeah Gardens v. MIAMI-DADE Found., INC., 857 So. 2d 202 (Fla. 3d DCA 2003).published 2 cites
    Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1275 (Fla.2001); Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1093 (Fla.2000).
  • Town of Juno Beach v. McLeod, 832 So. 2d 864 (Fla. 4th DCA 2002).published
    As the supreme court explained in Dusseau v. Metropolitan Dade County Board of County Commissioners, 794 So.2d 1270, 1275-76 (Fla.2001): We reiterate that the “competent substantial evidence” standard cannot be used by a reviewing court as…
  • Town of Manalapan v. Gyongyosi, 828 So. 2d 1029 (Fla. 4th DCA 2002).published 2 cites
    Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1273-74 (Fla.2001); Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1092 (Fla.2000).
  • Metro. Dade Cnty. v. Dusseau, 826 So. 2d 442 (Fla. 3d DCA 2002).published
    “whether the Commission’s decision is supported by competent substantial evidence”
At page 1276 Deferring to agency expertise in reviewing decisions8 citing cases“as long as the record contains competent substantial evidence to support the agency's decision, the decision is presumed lawful and the court's job is ended.”4 citing courts quote it · 7 listed here
  • Sch. Bd. of Hillsborough Cnty., FL v. Tenney, 210 So. 3d 130 (Fla. 2d DCA 2016).published 4 cites
    See Dusseau, 794 So.2d at 1275 (“Although the circuit court phrased its reversal in terms of ‘competent substantial evidence,’ the plain language of its order shows that the court in fact reweighed the evidence, at length.”).
  • State, Dep't of High. Saf. v. Baird, 175 So. 3d 363 (Fla. 3d DCA 2015).published 3 cites
    In finding that the circuit court had erred, the court stated: As Dusseau explained, a circuit court is only 'permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So.2d at 1275 (“the cour…
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 22, 2014).published 11 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 3, 2014).published 11 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • State, Dep't of High. Saf. & Motor Vehs. v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014).published 22 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • Taxi USA of Palm Beach, LLC v. City of Boca Raton, 162 So. 3d 119 (Fla. 4th DCA 2014).published
    Commissioners, 794 So.2d 1270, 1276 (Fla.2001), for example, the County Commission heard testimony from both sides in an “appeal” of a zoning appeals board decision.
  • Town of Juno Beach v. McLeod, 832 So. 2d 864 (Fla. 4th DCA 2002).published
    As the supreme court explained in Dusseau v. Metropolitan Dade County Board of County Commissioners, 794 So.2d 1270, 1275-76 (Fla.2001): We reiterate that the “competent substantial evidence” standard cannot be used by a reviewing court as…
At page 1274 Distinguishing first- and second-tier certiorari review standards7 citing cases“Vaillant, 419 So.2d 624 (Fla.1982): We hold that where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court’s judgment is not entitled to a second full review in the district court.”the opinion's own words at *1274
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 22, 2014).published 11 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 3, 2014).published 11 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • State, Dep't of High. Saf. & Motor Vehs. v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014).published 22 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • Miami-dade Cnty. v. City of Miami, 315 So. 3d 115 (Fla. 3d DCA 2020).published
    Comm'rs, 794 So. 2d 1270, 1274 (Fla. 2001); Baker v. Metro.
  • Flava Works, Inc. v. CITY OF MIAMI, FL, 609 F.3d 1233 (11th Cir. 2010).published
    Although termed ‘certiorari’ review, review at this level is not discretionary but rather is a matter of right and is akin in many respects to a plenary appeal.” Dusseau v. Metropolitan Dade County Bd. of County Com’rs, 794 So.2d 1270, 127…
  • Miami-Dade Cnty. v. Valdes, 9 So. 3d 17 (Fla. 3d DCA 2009).published 2 cites
    Dade County Bd. of County Commr's, 794 So.2d 1270, 1274 (Fla.2001). [5] The parties do not dispute, and I agree with the majority that the circuit court appellate panel afforded the parties procedural due process.
  • Parker Fam. Trust I v. City of Jacksonville, 804 So. 2d 493 (Fla. 1st DCA 2001).published
    Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1274 (Fla.2001) (citing Fla. Power & Light Co. v. City of Dania ).
At page 1273 Reviewing evidence for competent substantial evidence6 citing cases“circuit court departed from the essential requirements of law when it reweighed evidence and completely ignored evidence that supports the commission's ruling.”the opinion's own words at *1273, quoted by 1 later opinions
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 22, 2014).published 11 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • State of Florida v. Joseph P. Wiggins, No. 13-2471 (Fla. 1st DCA Sept. 3, 2014).published 11 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • State, Dep't of High. Saf. & Motor Vehs. v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014).published 22 cites
    Applying Dusseau to This Case As Dusseau explained, a circuit court is only permitted to determine whether an agency’s decision was supported by competent substantial evidence. 794 So. 2d at 1275 (“the court should review the record to det…
  • Fine v. City of Coral Gables, 958 So. 2d 433 (Fla. 3d DCA 2007).published
    Dusseau v. Metropolitan Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1273 (Fla.2001).
  • Town of Manalapan v. Gyongyosi, 828 So. 2d 1029 (Fla. 4th DCA 2002).published 2 cites
    Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1273-74 (Fla.2001); Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1092 (Fla.2000).
  • Toledo v. Escamilla, 962 So. 2d 1028 (Fla. 3d DCA 2007).published
    See Dusseau v. Metropolitan Dade County Bd. of County Comm'rs, 794 So.2d 1270, 1273 (Fla. 2001).
At page 1272 Circuit court error in reweighing evidence1 citing caseWe find that the circuit court departed from the essential requirements of law when it rewéighed evidence and completely ignored evidence that supported the Commission’s ruling.1 citing court put it this way
  • Dept. of High. Saf. & Motor Vehs. v. Brown, 179 So. 3d 547 (Fla. 3d DCA 2015).published
    (We find that the circuit court departed from the essential requirements of law when it rewéighed evidence and completely ignored evidence that supported the Commission’s ruling.)
At page 1277 Requirement for detailed factual findings in administrative decisions1 citing case
Other citing cases7 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Charles Dusseau
v.
Metropolitan Dade County Board of County Commissioners
No. SC95217.
Supreme Court of Florida.
May 17, 2001.
Published opinion
794 So. 2d 1270
2001 Fla. LEXIS 1028
Jeffrey S. Bass of Shubin & Bass, P.A., Miami, FL, for Petitioners., Robert A. Ginsburg, Miami Dade County Attorney, and Augusto E. Maxwell, Assistant County Attorney; and Arthur J. England, Jr., and Elliot H. Scherker of Greenberg Traurig, P.A., Miami, FL, for Respondents.
Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells.
Cited by 35 opinions  |  Published
Citer courts: District Court of Appeal of Fl… (1)

Lead Opinion

SHAW, J.

We have for review Metropolitan Dade County v. Dusseau, 725 So.2d 1169 (Fla. 3d DCA 1998), based on conflict with Education Development Center, Inc. v. City of West Palm Beach, 541 So.2d 106 (Fla.1989). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We approve in part and quash in part the decision in Dusseau as explained herein.

I. FACTS

University Baptist Church owns 19.7 acres of land in Miami Dade County on which it seeks to build a large new church. The district is zoned for single-family one-acre estates, but churches are a permitted special exception. The project is opposed by Charles Dusseau and other local homeowners, who want just “a simple church.” After exhaustive review, the project ultimately was approved by the following local agencies: the Zoning and Planning Department; the Department of Environmental Resources Management; the Public Works Department; the Water and Sewer Authority; the Fire Department; the Metro Dade Transit Agency; the School Board; the Solid Waste Department; the Parks Department; the Public Safety Department; and the Aviation Department. In spite of these approvals, the Zoning Appeals Board denied the application.

The County Commission heard testimony from both sides at a lengthy hearing and approved the project by a nine-to-two vote. The circuit court reversed, by a two-to-one vote. The court issued an eight-page majority opinion assessing the evidence presented by both sides and concluding as follows:

As there was no competent substantial evidence that the church met the criteria for a special exception and there was competent substantial evidence that the church did not meet the code criteria for the grant of a special exception, certio-rari is hereby granted and the decision of the Metropolitan Dade County Board[*1273] of County Commissioners is hereby reversed.

Dusseau v. Board of County Commissioners, No. 97-115-AP, slip op. at 8 (Fla. 11th Cir.Ct. May 22, 1998).

The district court granted certiorari and quashed the circuit court decision, ruling as follows:

The circuit court’s majority opinion correctly states that “[i]n order to sustain the action of the Commission, upon review by certiorari in the circuit court it must be shown that there was competent substantial evidence presented to the Commission to support its ruling.” ... However, in finding that the Commission’s ruling was not supported by competent substantial evidence, the circuit court primarily focused on the testimony presented by the neighbors’ attorney and their expert witnesses.
We find that the circuit court departed from the essential requirements of law when it reweighed evidence and completely ignored evidence that supported the Commission’s ruling. Further, a review of the evidence clearly demonstrates that the Commission’s ruling was supported by competent substantial evidence-the recommendations of the Zoning and Planning Departments, and the testimony of the project architect, an independent real estate appraiser, and a traffic engineer. Accordingly, we grant the petition.

Dusseau, 725 So.2d at 1171 (citation omitted). This Court granted review based on conflict with Education Development Center v. City of West Palm Beach, 541 So.2d 106 (Fla.1989), wherein the Court set forth the appropriate standards governing cer-tiorari review.

II. THE APPLICABLE LAW

This Court recently addressed this issue in Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (Fla.2000), wherein the Court set forth the applicable law governing an application for a special exception:

This Court in Irvine v. Duval County Planning Commission, 495 So.2d 167 (Fla.1986), delineated the allocation of burdens in a special exception proceeding:
[Ojnce the petitioner met the initial burden of showing that his application met the statutory criteria for granting such exceptions, “the burden was upon the [opposing party] to demonstrate, by competent substantial evidence presented at the hearing and made a part of the record, that the [special] exception requested by petitioner did not meet such standards and was, in fact, adverse to the public interest.”
Irvine, 495 So.2d at 167 (emphasis added). In order for the agency to deny a permitted special exception application, the party opposing the application (i.e., either the agency itself or a third party) must show by competent substantial evidence that the proposed exception does not meet the published criteria.

Florida Power & Light, 761 So.2d at 1091-92.

This Court in Florida Power & Light further explained that once a local agency has ruled on an application for a special exception, the parties may seek review under the two-tiered certiorari system:

Once the local agency has ruled on the application, the parties may seek review in the court system, twice. First, a party may seek certiorari review in circuit court, i.e., “first-tier” cer-tiorari review. Although termed “cer-tiorari” review, review at this level is not discretionary but rather is a matter of[*1274] right and is akin in many respects to a plenary appeal. The court must review the record and determine inter alia whether the agency decision is supported by competent substantial evidence. Competent substantial evidence is tantamount to legally sufficient evidence. In contrast to the Irvine “competent substantial evidence” standard of proof, which the agency must apply at the fact-finding level, this first-tier “competent substantial evidence” standard is a standard of review, which the reviewing court must apply. Next, a party may seek certiorari review of the circuit court decision in the district court, i.e., “second-tier” certiorari review. Review at this level is circumscribed and is similar in scope to true common law certiorari review. As a practical matter, the circuit court’s final ruling in most first-tier cases is conclusive, for second-tier review is extraordinarily limited.

These two standards of certiorari review were clarified by this Court in City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla.1982):

We hold that where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court’s judgment is not entitled to a second full review in the district court. Where a party is entitled as a matter of right to seek review in the circuit court from administrative action, the circuit court must determine [1] whether procedural due process is accorded, [2] whether the essential requirements of the law have been observed, and [3] whether the administrative findings and judgment are supported by competent substantial evidence. The district court, upon review of the circuit court’s judgment, then determines whether the circuit court [1] afforded procedural due process and [2] applied the correct law.
Vaillant, 419 So.2d at 626 (emphasis added).

Florida Power & Light, 761 So.2d at 1092.

Although first- and second-tier cer-tiorari review are similar in several respects, they are dissimilar in a key respect:

The Court later compared the two Vaillant standards and concluded that they are similar in several respects: The first prongs of both standards (i.e., the due process prongs) are the same, and the second prongs (i.e., the “essential requirements of the law” and “applied the correct law” prongs) also are equivalent. However, the Court noted a key difference: The third prong in the circuit court standard (i.e., the “competent substantial evidence” prong) is absent from the district court standard. Thus, the district court on second-tier certiora-ri review may not review the record to determine whether the agency decision is supported by competent substantial evidence.

Florida Power & Light, 761 So.2d at 1092-93 (footnotes omitted).

III. THE PRESENT CASE

As noted above, although numerous local agencies recommended approval of the church’s application, the Zoning Appeals Board denied the application. The Commission then conducted a lengthy hearing and approved the application. At the circuit court level, the court reviewed the record evidence on both sides and reversed the Commission’s decision based on the following rationale: “[Tjhere was no competent substantial evidence that the church met the criteria for a special exception and there was competent substantial evidence that the church did not meet the[*1275] code criteria for the grant of a special exception.” This was error.

Although the circuit court phrased its reversal in terms of “competent substantial evidence,” the plain language of its order shows that the court in fact reweighed the evidence, at length. Instead of simply reviewing the Commission’s decision to determine whether it was supported by competent substantial evidence, the court also reviewed the decision to determine whether it was opposed by competent substantial evidence. The circuit court then substituted its judgment for that of the Commission as to the relative weight of the conflicting evidence. The circuit court thus usurped the fact-finding authority of the agency.

At the district court level, the court ruled as follows: “We find that the circuit court departed from the essential requirements of law when it reweighed evidence and completely ignored evidence that supports the Commission’s ruling.” Dusseau, 725 So.2d at 1171.' This ruling was proper. The Court in Florida Power & Light explained:

Under Vaillant, the district court was required to determine whether the circuit court applied the correct law. As noted above, according to the plain language of its order, the circuit court reweighed the evidence and decided anew the merits of the special exception application. The circuit court thus applied the wrong law (i.e., instead of applying the Vaillant standard of review, the court reapplied the Irvine standard of proof), and this is tantamount to departing from the essential requirements of law (as the district court ruled).

Florida Power & Light, 761 So.2d at 1093.

The district court further stated: “[A] review of the evidence clearly demonstrates that the Commission’s ruling was supported by competent substantial evidence....” Dusseau, 725 So.2d at 1171. This ruling was improper. Again, the Court in Florida Power & Light explained:

As explained above, second-tier certiora-ri review differs from first-tier review in one critical respect: The “competent substantial evidence” component has been eliminated. The district court thus was precluded from assessing the record evidence. Once the district court determined-from the face of the circuit court order-that the circuit court had applied the wrong law, the job of the district court was ended. In proceeding to apply the right first-tier law, i.e., in evaluating the record for competent substantial evidence to support the Commission’s decision, the district court usurped the jurisdiction of the circuit court.

Florida Power & Light, 761 So.2d at 1093.

IV. CONCLUSION

As in Florida Power & Light, we decline to conduct our own review of the present record to determine whether the Commission’s decision is supported by competent substantial evidence, “for to do so would perpetuate the district court’s error and usurp the first-tier certiorari jurisdiction of the circuit court.” [1] Instead, we return this case to the circuit court and direct that court to apply the three-pronged standard of review set forth in Vaillant. Notably, when applying the third prong, the court should review the record to determine simply whether the Commission’s decision is supported by competent substantial evidence.

We reiterate that the “competent substantial evidence” standard cannot be used by a reviewing court as a mechanism for[*1276] exerting covert control over the policy determinations and factual findings of the local agency. Rather, this standard requires the reviewing court to defer to the agency’s superior technical expertise and special vantage point in such matters. The issue before the court is not whether the agency’s decision is the “best” decision or the “right” decision or even a “wise” decision, for these are technical and policy-based determinations properly within the purview of the agency. The circuit court has no training or experience — and is inherently unsuited — to sit as a roving “super agency” with plenary oversight in such matters.

The sole issue before the court on first-tier certiorari review is whether the agency’s decision is lawful. The court’s task vis-a-vis the third prong of Vaillant is simple: The court must review the record to assess the evidentiary support for the agency’s decision. Evidence contrary to the agency’s decision is outside the scope of the inquiry at this point, for the reviewing court above all cannot reweigh the “pros and cons” of conflicting evidence. While contrary evidence may be relevant to the wisdom of the decision, it is irrelevant to the lawfulness of the decision. As long as the record contains competent substantial evidence to support the agency’s decision, the decision is presumed lawful and the court’s job is ended.

Based on the foregoing, we approve in part and quash in part Board of County Commissioners v. Dusseau, 725 So.2d 1169 (Fla. 3d DCA 1998), as explained herein.

It is so ordered.

WELLS, C.J., and HARDING, ANSTEAD, LEWIS, and QUINCE, JJ„ concur. PARIENTE, J., concurs with an opinion, in which ANSTEAD and LEWIS, JJ., concur.
1

See Florida Power & Light, 761 So.2d at 1093.

Concurrence

PARIENTE, J.,

concurring.

The majority focuses on the standards of appellate review of a zoning decision regarding a special exception, relying on our previous decision in Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (Fla.2000). See majority op. at 1273-74. I write to make several observations about the nature of that appellate review, given that we begin with the premise that the reviewing court should give deference to the “agency’s superior technical expertise and special vantage point.” Id. at 1276.

The majority explains that the role of the circuit court, as the first-tier reviewing body, is to “review the record to assess the evidentiary support for the agency’s decision.” Id. I have no difficulty with the notion that the circuit court as a reviewing body should defer to the agency’s superior expertise and vantage point. However, I share Judge Zehmer’s observations in Irvine v. Duval County Planning Commission, 466 So.2d 357, 366 (Fla. 1st DCA 1985) (Zehmer, J., dissenting), as to the commensurate obligations of the agency to make written findings of fact and the reason for those obligations:

To meet due process requirements, it is necessary that the agency set out detailed facts found from the evidence so that a court authorized to review the matter on certiorari can first determine whether or not the facts found by the agency constitute lawful grounds for its action and, then, determine whether the evidence supports the finding — ‘Without [detailed findings], the reviewing court would be compelled to grope in the dark and to resort to guess-work- as to what facts the Board had found to be true and what facts alleged were not found to be[*1277] true.” Laney v. Holbrook, 150 Fla. 622, 8 So.2d [465,] 468 [ (Fla.1942) ]; Hickey v. Wells, 91 So.2d [206,] 210 [ (Fla. 1957) ]; Powell v. Board of Public Instruction of Levy County, 229 So.2d [308,] 311-312 [ (Fla. 1st DCA 1970).]. It is not sufficient that the cited findings merely be general conclusions in the language of the statute or ordinance because such conclusions provide no way for the court to know on judicial review whether the conclusions have sufficient foundation in findings of fact. E.g., City of Apopka v. Orange County, 299 So.2d 657 (Fla. 4th DCA 1974); McCulley Ford, Inc. v. Calvin, 308 So.2d 189 [(Fla. 1st DCA 1974)]; Lynch-Davidson Motors, Inc. v. Calvin, 308 So.2d 197 (Fla. 1st DCA 1975); Bill Kelley Chevrolet, Inc. v. Calvin, 308 So.2d 199 (Fla. 1st DCA 1974). Furthermore, requiring detailed findings of fact is manifestly helpful in assuring that administrative decisions are not the result of improper considerations.
The foregoing essential requirements of due process are now specifically required by chapter 120 and other provisions of Florida Statutes applicable in administrative proceedings.... Even though no statutory or ordinance provision specifically directed the Planning Commission to comply with these well-established rules of administrative law, these rules have their origin in constitutional due process concepts and set the minimum requirements of law applicable to the commission’s action in this case. Its failure to apply and faithfully adhere to these administrative principles constituted a departure from the essential requirements of law.

This Court subsequently adopted Judge Zehmer’s dissenting opinion concerning the allocations of burdens in a special exception zoning case, but the Court did not discuss Judge Zehmer’s observations concerning the necessity of written findings. See Irvine v. Duval County Planning Comm’n, 495 So.2d 167 (Fla.1986).

In this case, although the Commission provided a written resolution reversing the Zoning Appeals Board, the resolution contained no written factual findings. Although the lack of written findings is not fatal to appellate review based on this Court’s current precedent, written findings would greatly assist the reviewing court in performing its more limited appellate role. Further, if the reviewing court was able to ascertain how the agency arrived at its decision, it would avoid any temptation on the part of the reviewing court to reweigh the evidence. If the agency’s factual findings were legally sufficient to support a given decision and were supported by competent substantial evidence in the record, there would be no necessity for the reviewing court to explore the record to attempt to find what facts do support the agency’s decision.

In this case, I would further point out that the circuit court sat in a three-judge panel that produced a reasoned and detailed majority and dissent. This in turn facilitated the more limited second-tier review of the Third District as well as this Court’s review of the Third District’s decision. We previously have noted the disparity of the practices among circuits and referred this matter to the Rules of Judicial Administration Committee for study. See Florida Power & Light, 761 So.2d at 1094. In light of the far-reaching impact of zoning decisions, we should not continue to sanction a statewide system that allows a single circuit judge to have the identical appellate reviewing authority as a three-judge panel and that also requires the district court of appeal to accord the identical deference to the circuit court’s decision regardless of whether the decision[*1278] was made by a one-judge or three-judge court.

ANSTEAD and LEWIS, JJ., concur.