CASA DEL MAR CONDOMINIUM ASSOCIATION INC v. KEY BISCAYNE FIRE RESCUE DEPARTMENT (2021)

Petitioner Casa Del Mar Condominium Association (the “Association”) seeks second-tier certiorari review of the September 15, 2020 decision by the circuit court appellate division that affirmed the June 21, 2019 decision by the Miami-Dade County Fire Prevention and Safety Appeals Board (the “Board”). The Board's June 21, 2019 decision affirmed the Key Biscayne Fire Rescue Department's rejection of the Association's application for approval of an engineered life safety system and remedial action plan under the Florida Fire Prevention Code. While the Association's petition presents an interesting question regarding the interplay between section 718.112(2)(l) of the Florida Statutes ¹ and NFPA 101, § 31.3.5.12.4,² our second-tier certiorari review is limited to whether the circuit court appellate division afforded the Association with procedural due process and followed the essential requirements of the law. Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1092 (Fla. 2010). On this record, we are unable to conclude – as urged by the Association – that the circuit court departed from the essential requirements of the law.

Petition denied.

FOOTNOTES

1.   Allowing condominium unit owners to opt out of retrofitting a residential condominium property with a fire sprinkler system.

2.   Defining the elements of an engineered life safety system, which may be adopted as an alternative to fire sprinkler protection in existing high-rise buildings.

PER CURIAM.