Florida Department of Transportation v. Tropical Trailer Leasing, L.L.C.
227 So. 3d 715
| Fla. Dist. Ct. App. | 2017Background
- Tropical Trailer Leasing, LLC filed a certified class action against Miami‑Dade Expressway Authority (MDX) seeking injunctive relief and toll refunds for allegedly improperly assessed tolls.
- To identify class members and calculate damages, Tropical served an amended subpoena on the Florida Department of Transportation (FDOT) for Toll‑By‑Plate data for vehicles with more than two axles (excluding SunPass transponder accounts).
- FDOT moved to quash, asserting the requested records are confidential under section 316.0777, Fla. Stat., and may only be disclosed to law enforcement or the license‑plate holders.
- The trial court denied FDOT’s motion and ordered production subject to an "Attorney Eyes Only" protective order; Tropical also said it would not request license‑holder names.
- FDOT sought certiorari review in the district court seeking to quash the production order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FDOT may be compelled to produce Toll‑By‑Plate records responsive to Tropical's subpoena | Records are relevant and necessary to identify class members and compute damages; Tropical will protect confidentiality and not seek plates' names | Statute 316.0777 makes automated license‑plate recognition data confidential; disclosure limited to law enforcement or plate owners | Trial court did not depart from essential requirements; production permitted under protective order |
| Whether confidentiality alone creates irreparable harm warranting certiorari | Tropical's need and protective order alleviate confidentiality concerns | FDOT asserted confidentiality (not privilege) but claimed irreparable harm from disclosure | Certiorari denied: confidentiality here is not privilege and trial court adequately protected information |
Key Cases Cited
- Lee v. Condell, 208 So. 3d 253 (Fla. 3d DCA 2016) (standards for certiorari review and irreparable harm)
- Bd. of Trs. of the Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450 (Fla. 2012) (certiorari relief limited; irreparable harm requirement)
- Nucci v. Target Corp., 162 So. 3d 146 (Fla. 4th DCA 2015) (certiorari not available for every discovery error)
- Lacaretta Rest. v. Zepeda, 115 So. 3d 1091 (Fla. 1st DCA 2013) (discovery of privileged information can cause irreparable harm)
- Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995) (discussing irreparable harm from disclosure of privileged matter)
- Florida Dept. of Transp. v. Tropical Trailer Leasing LLC, 219 So. 3d 1040 (Fla. 1st DCA 2017) (similar denial of FDOT’s discovery objections in related action)