FLORIDA ASSOCIATION OF INSURANCE AGENTS AND PROFESSIONAL INSURANCE AGENTS OF FLORIDA, INC., PETITIONERS,
v.
DEPARTMENT OF INSURANCE AND FLORIDA WINDSTORM UNDERWRITING ASSOCIATION, RESPONDENTS

Fla. 1st DCA | 2001-06-11
No. 1D01-2146
BENTON, BROWNING and LEWIS, JJ., concur.
786 So. 2d 1233 Florida District Court of Appeal, First District (2001)

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Synopsis

Insurance agent associations challenged the Department of Insurance's approval of Atlantic Preferred Insurance Company's application to provide comprehensive coverage to property owners currently insured for windstorm damage through the Florida Windstorm Underwriting Association. The court dismissed the petition for lack of jurisdiction because petitioners failed to identify any non-final agency order rendered within 30 days of filing.


Holding

The court lacks jurisdiction to review the petition because petitioners failed to identify any non-final agency order rendered within the last 30 days as required for such review.


Headnotes

[1] A petition for review of non-final agency action must identify a specific agency order rendered within the last 30 days to establish jurisdiction.

[2] A court lacks jurisdiction to entertain a petition for review if the petitioners fail to identify a timely agency order.

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Key Quotes

“Petitioners, however, fail to identify any agency order rendered within the last 30 days which they seek to have reviewed in this proceeding.”

This establishes the jurisdictional defect that prevents the court from entertaining the petition.

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Facts & Procedural History

Atlantic Preferred Insurance Company sought Department of Insurance approval to provide all-peril insurance coverage to property owners currently cove…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Florida Association of Insurance Agents and the Professional Insurance Agents of Florida, Inc., petition this court for review of non-final agency action as part of their challenge to a decision of the Department of Insurance to approve an application of Atlantic Preferred Insurance Company to provide insurance to certain property owners who are currently covered for windstorm damage by the Florida Windstorm Underwriting Association. Atlantic Preferred’s approved plan would provide coverage for all perils and the property owners, some of whose policies for perils other than windstorm damage are serviced by members of the petitioning associations, would be forced to purchase insurance from Atlantic Preferred or fore- go windstorm coverage. Fla. Stat. § 627.351(2)(b) 5.e. (2000). Petitioners, however, fail to identify any agency order rendered within the last 30 days which they seek to have reviewed in this proceeding. We therefore conclude that this court lacks jurisdiction to entertain the petition and the petition is dismissed. In the absence of jurisdiction, we have no authority to grant a stay pursuant to Florida Rule of Appellate Procedure 9.190(e)(2), and petitioners’ motion for stay is also denied.

Petitioners’ petition for a formal administrative proceeding has been referred by the Department of Insurance to the Division of Administrative Hearings. The instant disposition is without prejudice to petitioners’ right to seek relief from the Administrative Law Judge who is assigned to the case.

PETITION FOR REVIEW OF NON-FINAL AGENCY ACTION DISMISSED AND MOTION FOR STAY DENIED.

BENTON, BROWNING and LEWIS, JJ., concur.


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