PATRICIA ANN BELL, APPELLANT,
v.
BOARD OF REGENTS, STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Patricia Ann Bell appeals a final summary judgment for the Board of Regents concluding that an action under Chapter 760, Florida Statutes (1993), is barred by sovereign immunity. We conclude that, when read in pari materia, sections 760.02(6), 760.02(7), 760.11(4), and 760.11(5), Florida Statutes (1993), constitute a clear and unequivocal waiver of sovereign immunity. See generally Klonis v. State of Florida, Dep’t of Revenue, 766 So. 2d 1186 (Fla. 1st DCA 2000); Jones v. Brummer, 766 So. 2d 1107 (Fla. 3d DCA 2000); cf. Kimel v. Florida Bd. of Regents, 528 U.S. 62, 120 S.Ct. 631, 650, 145 L.Ed.2d 522 & fn (2000) (citing section 760.01 et seq., Florida Statutes (1997 and Supp.1998), as one example of a state statute protecting state employees from age discrimination).
REVERSED.
BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., Senior Judge, CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
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Diaz v. Fla. Hwy. Patrol a/p/o Fla. Dep't of Hwy. Safety & Motor Vehicles, 775 So. 2d 389 (Fla. 3d DCA 2000)…t District’s opinion in Klonis v. State, 766 So. 2d 1186 (Fla. 1st DCA 2000), and the Fourth District’s opinion in Williams v. School Board of Palm Beach, 770 So. 2d 706 (Fla. 4th DCA 2000), support our conclusion. See also Bell v. Board of Regents, 768 So. 2d 1244, 2000 WL 1508508 (Fla. 1st DCA Oct.12, 2000)(referring to Kimel v. Florida Bd. of Regents, 528 U.S. 62, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000)) (citing section 760.01 et seq., Florida Statutes (1997 and Supp. 1998), as one example of a state statute…
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Longman v. City OF Tallahassee, 776 So. 2d 1130 (Fla. 1st DCA 2001)…During the pendency of this appeal, this court held that the defense of sovereign immunity has been waived under chapter 760, Florida Statutes. See Klonis v. Department of Revenue, 766 So. 2d 1186, 1190 (Fla. 1st DCA 2000); Bell v. Board of Regents, 768 So. 2d 1244 (Fla. 1st DCA 2000). Accordingly, we affirm in part and reverse in part and remand for further proceedings in accordance with this opinion. MINER, ALLEN and BENTON, JJ., concur.…
Authorities Cited
- Kimel v. Fla. Bd. of Regents, 528 U.S. 62 (U.S. 2000)
- Nicholas v. Klonis, 766 So. 2d 1186 (Fla. 1st DCA 2000)
- Jones v. Bennett H. Brummer, 766 So. 2d 1107 (Fla. 3d DCA 2000)