School Board of Miami-Dade County v. State Board of Education

District Court of Appeal of Florida

School Board of Miami-Dade County v. State Board of Education

11 So. 3d 467, 2009 Fla. App. LEXIS 8636, 2009 WL 1741368

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 2009

Docket1D08-0050

StatusPublished

This text of 11 So. 3d 467 (School Board of Miami-Dade County v. State Board of Education) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

School Board of Miami-Dade County v. State Board of Education, 11 So. 3d 467, 2009 Fla. App. LEXIS 8636, 2009 WL 1741368 (Fla. Ct. App. 2009).

Pincite

Opinion

PER CURIAM.

The School Board of Miami-Dade County appeals the State Board of Education’s denial of the School Board’s application for exclusive authority to sponsor charter schools within Miami-Dade County, pursuant to section 1002.335(5), Florida Statutes (2006). In addition, the School Board challenges the constitutionality of section 1002.335, Florida Statutes (2006).

In Duval County Sch. Bd. v. State Bd. of Educ., 998 So.2d 641 (Fla. 1st DCA 2008), this court found section 1002.335, Florida Statutes (2006) facially unconstitutional because the statute presented a “total and fatal conflict with article IX, section 4 of the Florida Constitution.” Duval County Sch. Bd. v. State Bd. of Educ., 998 So.2d at 644. We hold section 1002.335 is facially unconstitutional.

The Final Order of the State Board of Education is hereby set aside.

HAWKES, C.J., ALLEN, and CLARK, JJ., concur.

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