Narrative Opinion Summary
The case involves a petition by several maritime companies challenging a final order issued by the Pilotage Rate Review Committee, part of the Board of Pilot Commissioners of Florida. The petitioners, who did not participate in prior proceedings, opposed pilotage rate changes approved in a final order dated May 9, 2018. The procedural history includes applications for rate changes by both the Florida Caribbean Cruise Association and the Biscayne Bay Pilots, leading to hearings and a tentative settlement adopted by the Committee. The petitioners claim a denial of due process, citing failure to adhere to statutory notice requirements. However, the court determined it lacked jurisdiction to review the final order under Florida Rule of Appellate Procedure 9.030(b)(2) and found the petitioners lack standing as they did not qualify as 'parties' under the Administrative Procedure Act. The court dismissed the petition without prejudice, allowing for the possibility of pursuing a declaratory judgment or injunction in Circuit Court. The Committee's final order, deemed quasi-legislative, is not subject to certiorari review but may be challenged through Circuit Court actions, as per established legal precedents.
Legal Issues Addressed
Certiorari Jurisdiction of District Courtssubscribe to see similar legal issues
Application: The certiorari jurisdiction does not extend to final orders of administrative agencies, and the petitioners failed to provide authority to support such a review.
Reasoning: Rule 9.030(b)(2) outlines the certiorari jurisdiction of Florida's district courts of appeal... However, it does not extend to final orders of administrative agencies, and the petitioners failed to provide or find any authority to support such a review.
Declaratory Judgment or Injunction in Circuit Courtsubscribe to see similar legal issues
Application: The petitioners may pursue a declaratory judgment or injunction in Circuit Court as the final order, being quasi-legislative, could be subject to review through these means.
Reasoning: The Committee acknowledged that the final order, being quasi-legislative, could be subject to review in Circuit Court through a declaratory judgment or injunction action.
Jurisdiction to Review Final Orders of Administrative Agenciessubscribe to see similar legal issues
Application: The court lacks jurisdiction to review final orders from administrative agencies as outlined by Florida Rule of Appellate Procedure 9.030(b)(2).
Reasoning: The court lacks jurisdiction to review final orders from administrative agencies under Florida Rule of Appellate Procedure 9.030(b)(2) and the Petitioners do not qualify as 'parties' under section 120.68 of the Florida Statutes, leading to the dismissal of their petition without prejudice...
Notice and Hearing Requirements in Pilotage Rate Changessubscribe to see similar legal issues
Application: Failure to follow procedural requirements in section 310.151(3) prior to issuing a Notice of Intent rendered the Committee's NOI ineffective.
Reasoning: The Administrative Law Judge (ALJ) determined a lack of subject matter jurisdiction because the Committee failed to follow necessary procedures in section 310.151(3) prior to issuing a Notice of Intent (NOI), rendering the September 21, 2017 NOI ineffective.
Standing under the Administrative Procedure Actsubscribe to see similar legal issues
Application: Petitioners were found not to have standing as they did not qualify as 'parties' under the Administrative Procedure Act because they did not request an administrative hearing.
Reasoning: Petitioners were adversely affected by the Committee's final order but do not qualify as 'parties' under the Administrative Procedure Act (APA), as defined by section 120.68(1)(a).