FRS-FAST Reliable Seaway, LLC v. Board of Pilot Commissioners of the State of Florida
Shipping companies who never requested an administrative hearing sought certiorari review of a Pilotage Rate Review Committee final order setting pilotage rates at PortMiami, arguing the Committee failed to give them a statutory point of entry. The Third District dismissed, holding that rule 9.030(b)(2) does not confer certiorari jurisdiction over final orders of administrative agencies and that the petitioners were not 'parties' under section 120.52(13), so they lacked standing under section 120.68. The dismissal was without prejudice to filing a declaratory judgment and/or injunction action in circuit court.
Key facts
- Shipping companies sought certiorari review of a Pilotage Rate Review Committee final order setting pilotage rates at PortMiami, arguing they were denied a statutory point of entry and never requested an administrative hearing.
- The Third District Court of Appeal dismissed the certiorari petition, holding that Florida Rule of Appellate Procedure 9.030(b)(2) does not confer certiorari jurisdiction over final orders of administrative agencies subject to the Administrative Procedure Act.
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Why it matters
This opinion gives a clean, citable statement of the two jurisdictional gates for challenging final agency action in a DCA: rule 9.030(b)(2) certiorari does not reach final administrative orders, and section 120.68… — full analysis with a trial
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