WILLIAM J. NORKUNAS, INDIVIDUALLY, APPELLANT,
v.
STATE OF FLORIDA BUILDING COMMISSION, WENDY'S INTERNATIONAL, INC., AND INTERPLAN, LLC, APPELLEES
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The court dismissed an appeal for lack of standing because the appellant, a dissenting member of the Florida Building Commission, was not a party to the administrative proceedings below.
A dissenting member of an administrative tribunal who was not a party to the proceedings lacks standing to appeal the tribunal's final order.
[1] A dissenting member of an administrative tribunal lacks standing to appeal the tribunal's final order because such member is not a party to the proceedings within the mea…
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Join FLexlaw to unlock all legal intelligenceWilliam J. Norkunas, a member of the Florida Building Commission, cast the sole dissenting vote on a waiver application regarding accessibility requir…
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PER CURIAM.
William J. Norkunas appeals a final order of the Florida Building Commission (“FBC”) granting a requested waiver of the accessibility requirements of chapter 553, Florida Statutes. We dismiss the appeal for lack of standing.
Section 120.68(1), Florida Statutes (2007), provides for judicial review of administrative action and states that “[a] party who is adversely affected by final agency action is entitled to judicial review.” Thus, there are four requirements for standing to seek judicial review of final agency action under the Administrative Procedure Act: (1) the action is final; (2) the agency is subject to provisions of the act; (3) the person seeking review was a party to the action; and (4) the party was adversely affected by the action. See Legal Envtl. Assistance Found., Inc. v. Clark, 668 So. 2d 982, 986 (Fla.1996). The first and second elements are not in dispute here. However, rather than being a “party” as the term is defined in section 120.52(12), Norkunas is in fact a member of the FBC, and cast the sole dissenting vote on the waiver application at issue. This circumstance obviously implicates the body of case law generally recognizing that a lower tribunal may not appeal its own order, but we need not consider whether a dissenting member of a collegial administrative tribunal may seek judicial review. Because appellant was not a party to the proceedings below, he is without standing to institute an appeal.
APPEAL DISMISSED.
BROWNING, C.J., VAN NORTWICK and LEWIS, JJ., concur.
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Frs-Fast Reliable Seaway v. Bd. of Pilot Comm'rs, 261 So. 3d 744 (Fla. 3d DCA 2018)…s to establish a basis for jurisdiction). Similarly, without petitioner standing to seek judicial 8 review under Florida’s Administrative Procedures Act (“APA”), we do not reach the merits of a controversy. Norkunas v. Fla. Building Comm’n., 982 So. 2d 1227, 1228 (Fla. 1st DCA 2008). Our jurisdiction to review a final order from an administrative agency subject to the APA must derive from either Florida Rule of Appellate Procedure 9.030(b)(2) or section 120.68 of the Florida Statutes. We review each…
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Louis Del Favero Orchids, Inc. v. Fla. Dep't of Health, 44 Fla. L. Weekly D1744 (Fla. 1st DCA 2020)…enying petition for writ of certiorari; even if petitioner was adversely affected by final order resulting from settlement between parties and agency, petitioner did not meet definition of “party” under § 120.52(13)); Norkunas v. State Bldg. Comm’n, 982 So. 2d 1227 (Fla. 1st DCA 2008) (dismissing appeal; appellant not a party to administrative agency action and thus lacked standing to appeal final order). Further, in the administrative actions where Del Favero sought to intervene, Del Favero could not have sh…
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Louis Del Favero Orchids, Inc. v. Fla. Dep't of Health, 44 Fla. L. Weekly D1744 (Fla. 1st DCA 2020)…enying petition for writ of certiorari; even if petitioner was adversely affected by final order resulting from settlement between parties and agency, petitioner did not meet definition of “party” under § 120.52(13)); Norkunas v. State Bldg. Comm’n, 982 So. 2d 1227 (Fla. 1st DCA 2008) (dismissing appeal; appellant not a party to administrative agency action and thus lacked standing to appeal final order). Further, in the administrative actions where Del Favero sought to intervene, Del Favero could not have sh…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Legal Env't Assistance Found., Inc. v. Clark, 668 So. 2d 982 (Fla. 1996)