MICHAEL CANNEY, PETITIONER,
v.
THE BOARD OF PUBLIC INSTRUCTION OF ALACHUA COUNTY, FLORIDA, RESPONDENT
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The court held that the motion to dismiss the petition for writ of certiorari was denied, and the original petition was reinstated due to procedural uncertainties in reviewing administrative orders.
Petitioner was suspended, and the School Board confirmed the action. An initial petition for certiorari was dismissed as premature. The State Board of…
The full statement of facts, procedural history, and disposition for this case are member content.
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Respondent, Board of Public Instruction of Alachua County, has moved to dismiss petitioner’s pleading entitled “Renewal of Petition for Writ of Certiorari to the Board of Public Instruction of Alachua County, Florida,” upon the ground that the time for filing same from; the School Board’s decision of October 22, 1968, had expired. The motion is denied.
Our judicial system is now floundering in a quagmire of procedural uncertainties in the review of final quasi-judicial orders rendered by state agencies. The facts concerning the instant controversy disclosed in the two records before us constitute a classic example of the confusion in this area which places counsel challenging such an administrative action upon the horns of a dilemma. Such was the unchartered course of petitioner’s counsel when he sought to remove his client from the impalement.
Petitioner, Michael Canney, was suspended by the Principal of the high school he was attending on October 10, 1968, and on the same date this action was confirmed by respondent School Board. A hearing was demanded and held on October 22, 1968. Up on failure to obtain relief, petition for writ of certiorari was filed in this Court on November 21, 1968. The respondent School Board moved to dismiss, asserting the ingenious argument that the petition “ * * * was filed in this Court prematurely in that petitioner’s appeal to the State Board of Education is now pending before that Board awaiting the Board’s determination regarding whether or not it has jurisdiction of said appeal.” Acting upon respondent’s motion to dismiss, this Court entered its order on January 8, 1969, granting said motion to dismiss as follows:
“IT IS ORDERED that the motion be and it is hereby granted for the reason that the petition is prematurely brought prior to the exhaustion by petitioner for such administrative remedies as may be afforded him by law. This dismissal is without prejudice to the right of petitioner to renew his petition for writ of certiorari to review the final action of the State Board of Education after that Board has finally acted upon and disposed of the appeal now pending before it.”
On January 21, 1969, the State Board of Education dismissed respondent’s appeal upon the ground that it was “without jurisdiction.” So, petitioner filed the instant petition for certiorari on February 13, 1969.
In Board of Public Instruction v. State ex rel. Allen1 the Supreme Court held that a county school board is a part of the state system of public instruction and is a state agency within the purview of Section 120.09, Florida Statutes, F.S.A. (Administrative Procedure Act). This Court held in Board of Public Instruction of Duval County v. Sack 2 that if the administrative agency issuing the final quasi-judicial order is a state agency, such order shall be reviewable by certiorari by the District Courts of Appeal. Upon the authority of Allen, supra, we hold that a county school board is a state agency within the contemplation of Chapter 120, Florida Statutes, F.S.A., for the purpose of reviewing the final administrative quasi-judicial order.
Here, the County School Board promulgated the challenged regulation. No *805question has been asserted directed to a conflict between the County School Board’s regulation and any regulation of the State Board. The County School Board reviewed the local school Principal’s action. The State School Board properly found that it was without jurisdiction.3 We hold under these circumstances that if the County School Board rendered a final quasi-judicial order, jursdiction to review same is by statutory certiorari in this Court.
Respondent vigorously argues that the instant petition for certiorari has not been timely filed, and this Court is without jurisdiction to entertain same. Judicial review of quasi-judicial orders rendered by administrative agencies is essential to the fulfillment of constitutional rights possessed by the citizens of this State. As reflected in this opinion, members of the Bar find themselves bogged in a quagmire of uncertainty in seeking a true compass course for attaining appellate review of such orders. Here, counsel being uncertain as to the proper course, very wisely chose to travel both of the two routes available, with the apparent realization that one of them had to be right. In view of the related history of this long journey seeking appellate review, we sua sponte reinstate the petitioner’s petition for certiorari filed November 21, 1968, bearing our Docket No. L-66, and consolidate same with the instant petition for certiorari filed February 13, 1969, bearing our Docket No. L-250.
Respondent’s motion to dismiss is denied.
CARROLL, DONALD K., Acting C. J., and JOHNSON, J., concur.
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Witgenstein v. The Sch. Bd. OF Leon Cnty., 347 So. 2d 1069 (Fla. 1st DCA 1977)…ic 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 held that “a county school board is a state agency within the contemplation of Chapter 120, ... for the purpose of reviewing the final administrative quasi-judicial order.” In the later case of Canney v. Board of P…
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Nolan Adams v. The Bd. OF Pub. Instruction OF Okaloosa Cnty., 225 So. 2d 423 (Fla. 1st DCA 1969)…n 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 the jurisdiction of an appellate court has been improvidently invoked, that court may of its own motion or on motion of either party to the cause enter an order transferring it to the court havin…
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Sweetwater Util. Corp. v. Hillsborough Cnty., 314 So. 2d 194 (Fla. 2d DCA 1975)…y whose actions were reviewable by a petition to the district court of appeal. Board of Public Instruction of Broward County v. State ex rel. Allen, Fla.1969, 219 So. 2d 430; Canney v. Board of Public Instruction of Alachua County, Fla.App.1st 1969, 222 So. 2d 803; Adams v. Board of Public Instruction of Okaloosa County, Fla.App.1st, 1969, 225 So. 2d 423. However, the rationale underlying these cases was that a county school board is part of the state system of public instruction. On the other hand, a county…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Bd. OF Pub. Instruction OF Duval Cnty. v. The Honorable Martin Sack, 212 So. 2d 819 (Fla. 1st DCA 1968)
- Agner v. Smith, 167 So. 2d 86 (Fla. 1st DCA 1964)
- Reed v. Hayden Stone, Inc., 212 So. 2d 819 (Fla. 3d DCA 1968)
- Granieri v. Mount Sinai Hosp., 219 So. 2d 430 (Fla. 1969)
- The Bd. OF Pub. Instruction OF Broward Cnty. v. State of Fla. ex rel. Robert E. Allen, Sr., 219 So. 2d 430 (Fla. 1969)