Opinion
No. AV-197.
May 2, 1984.
Appeal from the Department of State.
Gene "Hal" Johnson, Tallahassee, for appellant.
Stephen Nall, Tallahassee, for appellee.
The Department correctly denied appellant's petition for administrative hearing since appellant was seeking relief which is not available in this administrative proceeding. Appellant is complaining that a rival group, the Law Enforcement Officers, Inc., d/b/a Central Florida Police Benevolent Association, Inc., deceived the public by using a fictitious name and trademark-logo during its solicitation campaign which was purposely similar to that of appellant's contrary to Section 496.31(5) and (6). Florida Statutes (1981). The Department does not have jurisdiction to grant relief for a trademark violation or a violation with regards to appellant's fictitious name. Relief is more properly sought in the circuit court.
Although appellant here has not demonstrated standing, there are instances in which an economic injury, in combination with other factors, may provide a basis for standing in an administrative proceeding. Florida Medical Association v. Department of Professional Regulation, 426 So.2d 1112 (Fla. 1st DCA 1983), and cases therein cited. No basis for relief under these cases or otherwise has been demonstrated by appellant.
AFFIRMED.
SMITH and NIMMONS, JJ., concur.
MILLS, J., specially concurs.
I would affirm the final order of the Department of State which denied, for lack of standing, the Florida Police Benevolent Association's request for a formal hearing under Section 120.57(1), Florida Statutes (1981).
The only substantial interest asserted by the Association in its petition was an economic one. Such interests are insufficient to confer standing for purposes of initiating a Section 120.57(1) proceeding. Shared Services, Inc. v. State, Department of Health and Rehabilitative Services, 426 So.2d 56 (Fla. 1st DCA 1983); Agrico Chemical Company v. Department of Environmental Regulation, 406 So.2d 478 (Fla. 2d DCA 1981).