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CASE LAW UPDATE: KEDDO ENTERPRISES

Keddo Enterprises, LLC. V. The Florida Building Commission, Florida 5th DCA, Case No. 5D14-3846 (September 4, 2015).

Keddo Enterprises, LLC, manufactures and markets a product called “Storm Stoppers.” This is a lightweight panel designed to be an alternative to plywood for protection against hurricanes and windstorms. Keddo appealed an order by the Florida Building Commission that declared its product is subject to local approval. The Court reasoned that the product had to have either state-wide approval or local approval under section 553.8425, Florida Statutes. The Commission determined the product is not subject to statewide approval and Keddo did not appeal that decision. The Court rejected Keddo’s argument that it should not be required to have approval of a product that is applied in an emergency such as a hurricane, apparently arguing that its product should be treated like plywood which is routinely used in this manner. The Court rejected the argument as contrary to the plain meaning of the relevant statute.

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