26 Fla. L. Weekly D1470a
Administrative law — Department of Insurance — Appeals — Petition for review of non-final agency action — Court lacks jurisdiction to entertain petition where petitioners have failed to identify any agency order rendered within last thirty days which they seek to have reviewed — Petition dismissed — In absence of jurisdiction, court has no authority to grant stay pursuant to rule 9.190(e)(2)
FLORIDA ASSOCIATION OF INSURANCE AGENTS and PROFESSIONAL INSURANCE AGENTS OF FLORIDA, INC., Petitioners, v. DEPARTMENT OF INSURANCE and FLORIDA WINDSTORM UNDERWRITING ASSOCIATION, Respondents. 1st District. Case No. 1D01-2146. Opinion filed June 11, 2001. Petition for Review of Nonfinal Agency Action — Original Jurisdiction. Counsel: Ben H. Wilkinson, Cynthia S. Tunnicliff, Stephen L. Spector and Julius F. Parker, III, of Pennington, Moore, Wilkinson, Bell & Dunbar, Tallahassee, for petitioners. Steven H. Parton, Department of Insurance, Tallahassee, and David A. Yon of Katz, Kutter, Haigler, Alderman, Bryant & Yon, Tallahassee for respondents.
(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 forego 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.)
