SPIRAL TECH ELEMENTARY CHARTER SCHOOL, THE FICTITIOUS NAME OF SUCCESSFUL ENTERPRISE, INC., APPELLANT,

v.

SCHOOL BOARD OF MIAMI-DADE COUNTY, APPELLEE

Fla. 3d DCA | 2008-10-29

No. 3D06-3063

Before COPE, SUAREZ, and LAGOA, JJ.

994 So. 2d 455 Florida District Court of Appeal, Third District (2008) Positive Treatment

Cited by 6 cases

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Holding

The court held that the agency's factual findings were supported by competent substantial evidence and the agency did not erroneously interpret the law, thus the administrative order upholding charter termination is affirmed.

Facts & Procedural History

Spiral Tech Elementary Charter School (appellant) appealed a final administrative order from the Department of Education upholding the Miami-Dade Scho…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

Deference To Agency Interpretation Chevron Deference Administrative Law Appellate Review

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Opinion of the Court

SUAREZ, J.

Spiral Tech Elementary Charter School, the fictitious name of Successful Enterprise, Inc., appeals from a final administrative order of the Department of Education upholding the Miami-Dade School Board’s decision to terminate Spiral Tech’s charter. We affirm.

Our review is two-fold. Are the agency’s factual findings supported by competent substantial evidence, see De Groot v. Sheffield, 95 So. 2d 912, 916 (Fla.1957), and did the agency erroneously interpret the law? 1 A review of the record shows that factual findings of the agency are supported by substantial competent evidence and the agency did not erroneously interpret the relevant law. Therefore, we must affirm the decision. See Griffith v. Dep’t of Bus. Regulation, Div. of Pari-Mutuel Wagering, 613 So. 2d 930, 932 (Fla. 3d DCA 1993); see also Imhotep-Nguzo Saba Charter School v. Dep’t of Educ., 947 So. 2d 1279 (Fla. 4th DCA 2007) (finding that an agency’s interpretation of the statute that it is charged with enforcing is entitled to great deference and will be approved on appeal unless it is clearly erroneous); Sch. Bd. of Osceola County v. UCP of Cent. Fla., 905 So. 2d 909 (Fla. 5th DCA 2005) (finding that where the State Board of Education’s determination of an appeal of the approval or denial of a charter school application is supported by competent, substantial evidence in the record, the final order should be affirmed); BellSouth Telecomms., Inc. v. Johnson, 708 So. 2d 594, 596-97 (Fla.1998) (same); Dep't of Ins. v. S.E. Volusia Hosp. Dist., 438 So. 2d 815, 820 (Fla.1983) (same).

Accordingly, we affirm the final order. Affirmed.

. The appeal to this Court is authorized by statute, sec. 1002.33(6)(d), Florida Statutes (2005), but "[T]he decision of the State Board of Education is not subject to the provisions of the Administrative Procedure Act, chapter 120.” § 1002.33(6)(c), Fla. Stat. (2005).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Sch. Bd. OF Seminole Cnty. v. Renaissance Charter Sch., Inc., 113 So. 3d 72 (Fla. 5th DCA 2013)

…ormally review the State Board’s decision to determine whether its factual findings are supported by competent, substantial evidence and whether it erroneously interpreted the law. Spiral Tech Elementary Charter Sch. v. Sch. Bd. of Miami-Dade Cnty., 994 So. 2d 455, 455 (Fla. 3d DCA 2008) (involving decision to terminate charter school under provision which allowed sponsor to decide not to renew charter, which required sponsor to articulate reasons in writing, and which allowed charter school to appeal to stat…
The Sch. Bd. OF Miami-Dade Cnty. v. Rise Acad. of S. Dade Charter Sch., 90 So. 3d 1001 (Fla. 3d DCA 2012)

…e Board of Education erred under any standard of review that might be applied when it reversed the decision of the County School Board terminating the Rise Academy Charter. Compare Spiral Tech Elementary Charter Sch. v. Sch. Bd. of Miami-Dade Cnty., 994 So. 2d 455 (Fla. 3d DCA 2008) (applying two-fold review-whether factual findings were supported by competent substantial evidence and whether agency erroneously interpreted the law) with Sch. Bd. of Osceola Cnty. v. UCP of Cent. Fla., 905 So. 2d 909 (Fla. 5th…
Jannett A. Pusey v. W. Hialeah Gardens Elementary Sch., 230 So. 3d 511 (Fla. 3d DCA 2017)

…PER CURIAM. Affirmed. See Spiral Tech Elementary Charter Sch. v. Sch. Bd. of Miami-Dade Cty., 994 So. 2d 455 (Fla. 3d DCA 2008) (holding where the record establishes that the agency’s factual findings are supported by substantial competent evidence, and the agency did not erroneously interpret the relevant law, we must affirm the agency’s determination) (c…

Authorities Cited

de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
Dep't OF Ins. v. Se. Volusia Hosp. Dist., 438 So. 2d 815 (Fla. 1983)
Bellsouth Telecomms., Inc. v. Johnson, 708 So. 2d 594 (Fla. 1998)
Imhotep-Nguzo Saba Charter Sch. & Mandela-Nguzo Saba Charter Sch. v. Dep't OF Educ. & Palm Beach Cnty. Sch. Bd., 947 So. 2d 1279 (Fla. 4th DCA 2007)
Sch. Bd. OF Osceola Cnty. v. UCP OF Central Florida, 905 So. 2d 909 (Fla. 5th DCA 2005)
Griffith v. Dep't of Bus. Reg., 613 So. 2d 930 (Fla. 3d DCA 1993)

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