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State Farm petitions for a writ of certiorari to quash the trial court’s decision

allowing its insured, Armando Chirino, to make a video and audio recording of State

Farm’s appraiser’s inspection of the insured property for purposes of an appraisal

authorized under the policy.

“To grant certiorari relief, there must be: ‘(1) a material injury in the

proceedings that cannot be corrected on appeal (sometimes referred to

as irreparable harm); and (2) a departure from the essential requirements of the law.’

” Florida Power & Light Co. v. Cook, 277 So. 3d 263, 264 (Fla. 3d DCA 2019)

(quoting Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So. 3d 712,

721 (Fla. 2012)).

Among other things, State Farm asserts its appraiser has a right to privacy

protected by the Florida Constitution when he visits the insured’s home for purposes

of conducting the inspection. Art. I, § 23, Fla. Const. (“Every natural person has the

right to be let alone and free from governmental intrusion into the person’s private

life except as otherwise provided herein.”). State Farm argues that irreparable harm

exists because its appraiser will lose the benefit of this right if the appraisal visit is

recorded. We are not persuaded. Florida’s Constitutional right to privacy protects

persons from governmental, not private intrusion. Mr. Chirino and his

representatives are entitled to be present during the inspection. We therefore do not

believe State Farm has shown how the trial court violated the privacy right provided

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by Article I, section 23 or otherwise departed from the essential requirements of law

in authorizing Mr. Chirino, or someone on his behalf, from openly making such a

recording of a legally required inspection in his own home.

State Farm notes that the making of the recording might be unfairly used to

harass or intimidate its appraiser. The possibility of such misconduct, which

presumably will be remedied by the trial court if it occurs, does not rise to the level

of the irreparable harm required for certiorari. Thus, “[a]lthough [the petitioner] may

have meritorious arguments in favor of a protective order at some later time in the

litigation when the record is more developed, the record before us does not reflect

that the orders under review amount to irreparable harm.” Cook, 277 So. 3d at 265.

In this regard, the trial court expressly provided in the order that copies of the

recordings must be made available to any party upon request.

Petition dismissed.