| Classification |
NOA Final - Administrative - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
147300-14-DS
|
Parties
| Name |
CRESCENT SECURITY SYSTEMS INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BRIAN R. PINK
|
|
| Name |
Department of Financial Services
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
R. TERRY BUTLER, LINJE E. RIVERS, DUSTIN WILLIAM METZ
|
|
| Name |
Hon. Mary Cay Blanks, Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2015-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ On Appellee¿s Motion to DismissCrescent Security Systems, Inc. (¿Crescent¿) appeals from a declaratory statement issued by the Florida Department of Financial Services (¿Department¿). The Department moves to dismiss the appeal, arguing that Crescent has no standing to bring the instant appeal as it was not a party to the Declaratory Statement. We agree with the Department and, therefore, dismiss the appeal. By way of background, Crescent is the parent company of an installer of security systems which emit synthetic smoke upon being triggered. After the installation and testing of such a system resulted in a 911 call and emergency fire response, a Fire Marshal filed the subject petition asking the Department to determine whether the installation of a security system must comply with the Florida Fire Prevention Code and, if so, whether a Fire Department can deny plans/permits for the installation of such a system for non-compliance. In accordance with section 120.565(3) of the Florida Statutes (2013), the Department provided public notice of the Petition in the January 23, 2014 issue of the Florida Administrative Register. On April 1, 2014, the Department issued its Declaratory Statement, finding that a security system must comply with the Florida Fire Prevention Code and that the Fire Marshal had the authority to determine whether any plans to install a security system comply with the Florida Fire Prevention Code. Thereafter, Crescent appealed the Declaratory Statement and the Department moved to dismiss the appeal. In addressing whether Crescent has standing to invoke the jurisdiction of this Court to review the Declaratory Statement issued by the Department, we begin our analysis with section 120.68(1) of the Florida Statutes (2013), which provides in part: ¿A party who is adversely affected by final agency action is entitled to judicial review.¿ § 120.86(1), Fla. Stat. (2013) (emphasis added). Here, Crescent was not an original party to the Petition nor did it petition the presiding officer for leave to intervene as permitted by Rule 28-106.205 of the Florida Administrative Code. FLA. ADMIN. CODE r. 28-106.205(1) (2013) (providing, in pertinent part: ¿Persons other than the original parties to a pending proceeding whose substantial interest will be affected by the proceeding and who desire to become parties may petition the presiding officer for leave to intervene.¿). In opposing the motion to dismiss, Crescent argues that the Department did not provide it with a ¿clear point of entry¿ in that it did not personally notify Crescent or its subsidiary installer of the Petition. However, the Department was not required to provide personal notification. AmeriLoss Pub. Adjusting Corp. v. Lightbourn, 46 So. 3d 107, 110-11 (Fla. 3d DCA 2010) (holding that an agency is not required to provide personal notification of a petition for declaratory relief to a non-party even if it is apparent that the non-party¿s substantial interests will be affected). Rather, the Department was only required to publish notice of the Petition in the next available issue of the Florida Administrative Register. Id.; §120.565(3), Fla. Stat. (2013). The notice the Department filed in the January 23, 2014 Florida Administrative Register satisfied this requirement. As Crescent was not a named party to the Petition and it did not seek to intervene, Crescent does not have standing to invoke this Court's jurisdiction to review the Department's Declaratory Statement. Lightbourn, 46 So. 3d at 111. We note, however, that ¿if the Declaratory Statement is adversely applied against [Crescent] in any subsequent proceeding in which it is a party, it may then seek judicial review in due course.¿ Id. Because we have dismissed the appeal, we do not comment on the merits of the issues raised in Crescent¿s appeal. Dismissed.
|
|
| Docket Date |
2015-06-11
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that R. Terry Butler, Julie Ann Jones, Brian R. Pink and Eric Busenbarrick have failed to comply with this court's Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal's electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the court to you after ten (10) days from the date of this order.Copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561) 242-2000; 1-800-955-8771(TDD); or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2015-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2015-05-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ 3RD DCA RECEIPT
|
|
| Docket Date |
2015-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ 3RD DCA
|
| On Behalf Of |
CRESCENT SECURITY SYSTEMS, INC
|
|
| Docket Date |
2015-05-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3RD DCA - 1 VOLUME
|
|
| Docket Date |
2015-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 3RD DCA
|
|
| Docket Date |
2015-05-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ 3RD DCA
|
|
| Docket Date |
2015-05-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ 3RD DCA
|
|
| Docket Date |
2015-05-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ 3RD DCA
|
|
| Docket Date |
2015-05-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowlegment Letter 1 ~ 3RD DCA
|
|
| Docket Date |
2015-05-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ 3RD DCA
|
|
|
