THE BOARD OF PUBLIC INSTRUCTION OF BROWARD COUNTY, FLORIDA, PETITIONER,
v.
STATE OF FLORIDA EX REL. ROBERT E. ALLEN, SR., MARY CROSBY, CARRIE HERNANDEZ, GEORGIANNA H. LOWEN, JOHN W. POWELL, WOOD-BURY V. WELMERN AND LEE E. WILLIAMS, RESPONDENTS

Fla. | 1969-02-12
No. 37958
ERVIN, C. J., and THORNAL, BOYD and CALDWELL (Retired), JJ., concur.
219 So. 2d 430 Florida Supreme Court (1969) Positive Treatment
Cited by 9 cases

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Holding

The court held that Fla.Stats., Sec. 120.09, F.S.A. is applicable to a county school board acting in a quasi-judicial capacity, requiring disqualification of biased members.


Facts & Procedural History

Teachers were suspended and sought a hearing. They moved to disqualify three Board members based on bias, citing Fla.Stats., Sec. 120.09. The Board de…

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

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Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

This cause is here on petition for writ of certiorari supported by certificate of the District Court of Appeal, Fourth District, that its decision reported in 214 So.2d 7 is one which involves a question of great public interest. See Section 4(2), Article V, Florida Constitution, F.S.A.

The petitioner will be referred • to as “the Board” and the respondents will be referred to as “the Teachers.”

The Teachers absented themselves for a number of days in February, 1968. The Board notified the Teachers of their suspension and advised them as to their right of a public hearing. At the request of the Teachers a hearing was held in ac-. cordance with Fla.Stats., Sec. 231.36, F.S. A. to determine whether the charges would be sustained and, if sustained, whether the Board would suspend them, fix the terms under which the Teachers may be reinstated, or dismiss them.

At the hearing the Teachers filed motions to disqualify three members of the Board. These motions were accompanied by supporting affidavits, in accordance with the requirements of Fla.Stats., Secs. 120.09 and 38.10, F.S.A.

The Board denied the motions to disqualify and the Teachers sought a writ of prohibition in the District Court of Appeal, contending that Fla.Stats., Sec. 38.10, F.S.A. was applicable to the Board under the provisions of Fla.Stats., Sec. 120.09, F.S.A. The rule nisi in prohibition was made absolute and this proceeding for certiorari in review resulted.

In conducting the hearing under Fla.Stats., Sec. 231.36(3), F.S.A. to determine the question of suspension or dismissal, the Board acted in a quasi-judicial capacity. Natural justice requires not only that the accused be heard, but that they be given a fair hearing by an impartial tribunal. This Court in considering a proceeding wherein a Board acted in a quasi-judicial capacity said:

“And in such proceedings it is sufficient if the accused is informed with reasonable certainty of the nature and *432cause of the accusation against him, has reasonable opportunity to defend against attempted proof of such charges, and the proceedings are conducted in a fair and impartial manner, free from any just suspicion of prejudice, unfairness, fraud, or oppression.” State ex rel. Williams v. Whitman, 116 Fla. 196, 156 So. 705, 710, 95 A.L.R. 1416 (1934). See also 1 F.L.P., Administrative Law, Section 13; Administrative Law by Reginald Parker, p. 52.

Having determined that the Teachers were entitled to a hearing free from prejudice, the question arises as to the manner in which the disqualification of a member of the Board can be raised. In the absence of a statute, the facts relied upon to show bias would have to be placed in the record and a motion for disqualification made either before or during the hearing. The Board would then pass upon its own qualifications and determine the matter as a part of the record. This procedure is discussed in Administrative Law by Morris B. Forkosch, Sec. 215, p. 325, and Administrative Law by Kenneth Culp Davis, Vol. 2, Sec. 12.05.

Fla.Stats., Sec. 120.09, F.S.A. was first enacted in 1951 for the purpose, as stated in its title, of “prescribing grounds for disqualification of members of any commission, authority, administrative body or governmental agency existing under the Laws of Florida * * (Emphasis supplied) In construing the provisions of a statute which has been included in the Florida revision system, it is proper to consider the title of the original act. 50 Am.Jur.Stats., Sec. 449.

Prior to 1951 there was no statutory procedure in Florida for raising and determining the question of bias or prejudice in a quasi-judicial administrative hearing. This resulted in the Board or Agency passing upon its own qualifications during the course of a quasi-judicial hearing. The purpose of Fla.Stats., Sec. 120.09, F.S.A. was to provide minimum standards for Board members, thereby assuring a hearing “free from any just suspicion of prejudice, unfairness, fraud, or oppression.” State ex rel. Williams v. Whitman, supra.

The Florida Administrative Procedure Act became effective in 1961, some parts of which are similar to the Model State Administrative Procedure Act. See Uniform Laws Annotated, Vol. 9C, p. 174 et seq. The Model State Administrative Procedure Act does not include a procedure for disqualification of a Board' member.

The Florida Administrative Procedure Act, Ch. 61-280 specifically repealed Secs. 120.10 through 120.17 relating to rules and regulations of state agencies, but retained Fla.Stats., Sec. 120.09, F.S.A. This was a clear intent to maintain the existing method of procedure in determining the qualifications of the members of a board or agency acting in a quasi-judicial capacity.

A county school board is a part of the state system of public education, Secs. 228.041(2) and 230.03(1), Fla.Stats., F.S.A. and has been held to be a state agency for the purpose of immunity from suit. Bragg v. Board of Public Instruction of Duval County, 160 Fla. 590, 36 So.2d 222 (1948). It is also a state agency within the purview of Fla.Stats., Sec. 120.09., F.S.A.

The District Court of Appeal was correct in holding that Fla.Stats., Sec. 120.09, F.S. A. was applicable to the County Board of Public Instruction.

The writ of certiorari is accordingly discharged.

ERVIN, C. J., and THORNAL, BOYD and CALDWELL (Retired), JJ., concur.


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Citator

Cited By

  • …968), F.S.A. Where the rights of an individual are concerned, due process requires that he be given an opportunity to be heard and that he be given a fair hearing by an impartial body. See Board of Public Instruc [*263] tion v. State ex rel. Allen, 219 So. 2d 430 (Fla.1969). It is well settled that notice of charges and an opportunity to be heard are essential to due process and required when a student is dropped from school Jor disciplinary reasons. However, such is not required when the dismissal is for a…
  • Witgenstein v. The Sch. Bd. OF Leon Cnty., 347 So. 2d 1069 (Fla. 1st DCA 1977)
    …cts within the operation of Chapter 120. This conclusion is also supported by reference to judicial authorities. Prior to the revision of the A.P.A, effective January 1, 1975, the Supreme Court in Board of Public Instruction v. State ex rel. Allen, 219 So. 2d 430 (Fla.1969), specifically held that a county school board is an agency within the purview of Section 120.09, Florida Statutes (1967). See also Canney v. Board of Public Instruction of Alachua Co., 222 So. 2d 803, 804 (Fla. 1st DCA 1969), where we hel…
  • …c Instruction, (Fla.App.1962) 143 So. 2d 498. . F.S. § 120.30 et seq., F.S.A. . Board of Public Instruction of Duval County v. Sack, (Fla.App.1968) 212 So. 2d 819. . Board of Public Instruction of Broward County v. State ex rel. Allen, (Fla.1969) 219 So. 2d 430, 432; State ex rel. Allen v. Board of Public Instruction of Broward County, (Fla.App.1968) 214 So. 2d 7. . Canney v. Board of Public Instruction of Alachua County, (Fla.App.1969) 222 So. 2d 803. . Rule 2.1, subd. a(5)(d), F.A.R., 32 F.S.A. “When…

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