World Transportation, Inc. v. Central Florida Regional Transportation

District Court of Appeal of Florida

World Transportation, Inc. v. Central Florida Regional Transportation

641 So. 2d 913, 1994 Fla. App. LEXIS 7216, 1994 WL 380171

CourtDistrict Court of Appeal of Florida

DecidedJuly 21, 1994

DocketNo. 94-1415

StatusPublished

Cited by2 cases

This text of 641 So. 2d 913 (World Transportation, Inc. v. Central Florida Regional Transportation) 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.

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World Transportation, Inc. v. Central Florida Regional Transportation, 641 So. 2d 913, 1994 Fla. App. LEXIS 7216, 1994 WL 380171 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Petitioner, World Transportation, Inc., seeks review of the order entered by a hearing officer, Frankee Hellinger, refusing to disqualify herself from presiding over a formal administrative proceeding before the Central Florida Regional Transportation Authority and the Orange-Seminole-Osceola Transportation Authority. See § 120.68(1),, Fla.Stat. (1993); Fla.R.App.P. 9.030(b)(2)(A) and 9.100(c). World Transportation, Inc. was granted a formal hearing before the two boards pursuant to Chapter 120, Florida Statutes, and Hellinger, a member of both boards, was authorized to conduct the hearing. Both boards have approved a federally funded bus service in Orlando, which World Transportation, Inc. claims will adversely impact its business operations. Among the issues to be considered at the hearing are the alleged misuse of federal funds, failure to give notice to affected transportation companies and denying them an opportunity to participate in the planning process, unconstitutional use of public funds for private benefit, and the implementation of a competing publicly-funded bus service tantamount to a taking of petitioner’s business.

We think petitioner carried its burden of establishing just cause that Hellinger should be disqualified from serving as the hearing officer in this proceeding because of various statements she made, which objectively demonstrate bias and prejudice against World Transportation. § 120.71, Fla.Stat. (1993). She also attempted to refute the charge of partiality, which constitutes additional grounds for disqualification. Cf. R.P. Hewitt & Associates v. Hurt, 411 So.2d 266 (Fla. 1st DCA 1982).

In view of the adverse posture of the petitioner and the two agencies involved, we strongly recommend that the agencies request an independent hearing officer from the Division of Administrative Hearings. See generally § 120.65, Fla.Stat. (1993). In any event, selection of another board member would not be appropriate.

Petition GRANTED; Order QUASHED; REMANDED.

W. SHARP, GOSHORN and PETERSON, JJ., concur.

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PER CURIAM.

Petitioner, World Transportation, Inc., seeks review of the order entered by a hearing officer, Frankee Hellinger, refusing to disqualify herself from presiding over a formal administrative proceeding before the Central Florida Regional Transportation Authority and the Orange-Seminole-Osceola Transportation Authority. See § 120.68(1),, Fla.Stat. (1993); Fla.R.App.P. 9.030(b)(2)(A) and 9.100(c). World Transportation, Inc. was granted a formal hearing before the two boards pursuant to Chapter 120, Florida Statutes, and Hellinger, a member of both boards, was authorized to conduct the hearing. Both boards have approved a federally funded bus service in Orlando, which World Transportation, Inc. claims will adversely impact its business operations. Among the issues to be considered at the hearing are the alleged misuse of federal funds, failure to give notice to affected transportation companies and denying them an opportunity to participate in the planning process, unconstitutional use of public funds for private benefit, and the implementation of a competing publicly-funded bus service tantamount to a taking of petitioner’s business.

We think petitioner carried its burden of establishing just cause that Hellinger should be disqualified from serving as the hearing officer in this proceeding because of various statements she made, which objectively demonstrate bias and prejudice against World Transportation. § 120.71, Fla.Stat. (1993). She also attempted to refute the charge of partiality, which constitutes additional grounds for disqualification. Cf. R.P. Hewitt & Associates v. Hurt, 411 So.2d 266 (Fla. 1st DCA 1982).

In view of the adverse posture of the petitioner and the two agencies involved, we strongly recommend that the agencies request an independent hearing officer from the Division of Administrative Hearings. See generally § 120.65, Fla.Stat. (1993). In any event, selection of another board member would not be appropriate.

Petition GRANTED; Order QUASHED; REMANDED.

W. SHARP, GOSHORN and PETERSON, JJ., concur.

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641 So. 2d 913, 1994 Fla. App. LEXIS 7216, 1994 WL 380171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-transportation-inc-v-central-florida-regional-transportation-fladistctapp-1994.

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