JASON M. RIVERA, APPELLANT,
v.
UNIVERSITY OF SOUTH FLORIDA ST. PETERSBURG, APPELLEE
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The Florida Second District Court of Appeal held that a state university's decision to revoke a student's readmission offer is reviewable by certiorari in circuit court, not through the Administrative Procedure Act appellate procedures, because the university acts under constitutional authority rather than statutory delegation. The court transferred Rivera's appeal to the appropriate circuit court for certiorari review.
A state university's admission decisions are reviewable by certiorari in circuit court, not through APA appellate procedures under section 120.68, because the university acts pursuant to constitutional authority under Article IX, Section 7(d) of the Florida Constitution, not as a statutory agency.
[1] A determination by a constituent university of the state university system regarding student admissions is reviewable by certiorari in the appropriate circuit court.
[2] A governmental entity acting pursuant to powers derived from the state constitution is not considered an "agency" for purposes of the Administrative Procedure Act, even i…
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Establishes the key distinction that constitutional authority is excepted from APA requirements
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Join FLexlaw to unlock all legal intelligenceJason M. Rivera challenged the University of South Florida St. Petersburg's revocation of his earlier offer of readmission as a student. USF raised th…
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Jason M. Rivera challenges the final determination by the University of South Florida St. Petersburg (USF) revoking its earlier offer of readmission as a student. In response to this court’s order on a procedural matter, USF raised the issue of our jurisdiction. We directed a response from Rivera but have not received one on point. We conclude that a determination as to the admission of a student made by a constituent university of the state university system is reviewable by certiorari in the appropriate circuit court because the university is acting pursuant to its authority under arricie IX, section 7(d), of the Florida Constitution and not as an agency under the Administrative Procedure Act (APA), chapter 120, Florida Statutes.
A state university is an “educational unit” and thus an “agency” under the APA when it “is acting pursuant to statutory authority derived from the ©legislature.” § 120.52(l)(a), (6), Fla. Stat. (2014). However, to the extent that a governmental entity otherwise defined as an APA agency is acting pursuant to its powers derived from the state constitution, the entity is not an “agency” for purposes of the APA. Cfi § 120.52(1). The university system’s board of governors, charged with the “management of the whole university system” under article IX, section 7(d) has as one of its constitutional responsibilities the regulation of “admissions to the state universities.” See § 1001.705(2)®, Fla. Stat. (2014). As such, the appellate procedures described in section 120.68 of the APA do not apply. Instead, USF’s determination regarding Rivera’s admission is reviewable by certiorari. See Fla. R. App. P. 9.190(b)(3). Furthermore, such review, available as a matter of right, is to be undertaken by the circuit court, not the district court of appeal. See Decker v. Univ. of W. Fla., 85 So.3d 571, 574 (Fla. 1st DCA 2012) (concluding that review of a disciplinary determination made by a state university is properly sought by certiorari petition in the circuit court); Couchman v. *364 Univ. of Cent Fla., 84 So.3d 445, 449-50 (Fla. 5th DCA 2012) (same).
We therefore transfer this case to the Sixth Judicial Circuit in and for Pinellas County, Florida, for treatment as a petition for writ of certiorari. See Fla. R. App. P. 9.040(b)(1). The circuit court may accept Rivera’s initial brief as his petition for writ of certiorari or strike it with directions to file a petition as the court deems appropriate.
MORRIS, SLEET, and SALARIO, JJ., concur.
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Louis v. Univ. OF S. Fla., 181 So. 3d 578 (Fla. 2d DCA 2016)…s against a student, the university was acting pursuant to its authority under article IX, section 7(d) of the Florida Constitution and not as an “agency” as defined by the Administrative Procedure Act. See Rivera v. Univ. of S. Fla. St. Petersburg, 176 So. 3d 363 (Fla. 2d DCA 2015); Decker v. Univ. of W. Fla., 85 So. 3d 571 (Fla. 1st DCA 2012). In fairness to Mr. Louis, the final decision from the Assistant Vice President and Dean of Students at USF informed Mr. Louis that he had “the right to appeal” the de…
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Rivera v. Univ (13th Cir. Ct. App. Div. 2026)
Authorities Cited
- Decker v. Univ. OF W. Fla., 85 So. 3d 571 (Fla. 1st DCA 2012)
- Carlton Lucius Goodson v. State, 85 So. 3d 571 (Fla. 1st DCA 2012)
- Couchman v. Univ. OF Cent. Fla., 84 So. 3d 445 (Fla. 5th DCA 2012)