STATE OF FLORIDA EX REL. FLORIDA STATE BOARD OF NURSING, PETITIONER,
v.
JOHN E. SANTORA, JR., CIRCUIT JUDGE, RESPONDENT
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The Florida State Board of Nursing sought a writ of prohibition to prevent a circuit court from entertaining a challenge to a nursing licensing rule requiring foreign-educated applicants to pass the same examination as Florida-educated graduates. The appellate court granted the writ, holding that plaintiffs failed to clearly and positively present constitutional claims at the pleading stage and that the Administrative Procedure Act provided adequate remedies.
The appellate court granted the writ of prohibition, holding that the complaint failed to clearly and positively state constitutional claims at the pleading stage and that the Administrative Procedure Act provided adequate remedies without the need for circuit court intervention through a declaratory judgment proceeding.
[1] A party seeking a constitutional remedy must clearly and positively present the issue at the pleading stage.
[2] A challenge to an administrative rule under the Administrative Procedure Act is generally inadequate to justify intervention by a circuit court via a declaratory judgment…
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Join FLexlaw to unlock all legal intelligence“It is a well settled principle of law that one who seeks a constitutional remedy, whether a right or an exemption, has the duty of clearly and positively presenting the issue at the pleading stage.”
Establishes the legal standard that constitutional claims must be clearly and positively presented in pleadings, not merely hinted at.
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Join FLexlaw to unlock all legal intelligenceThe Cuban Nurses Association in Exile, Inc., on behalf of its members, filed suit in circuit court seeking injunctive and declaratory relief challengi…
The full statement of facts, procedural history, and disposition for this case are member content.
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BOYER, Judge.
The Cuban Nurses Association in Exile, Inc., on behalf of all its members and others similarly situated, commenced an action in circuit court for injunctive and declaratory relief pursuant to chapter 86 of the Florida Statutes challenging a rule adopted by the Florida State Board of Nursing which requires applicants for licensure whose basic nursing education was received in another country or territory to, inter alia, “write the same licensing examination as is administered to graduates of an accredited nursing program in Florida.” The defendants in that suit filed a motion to dismiss which was denied by the trial judge, respondent here. Petitioner, one of the defendants in the trial court, thereupon filed a petition for writ of prohibition resulting in our issuance of a rule nisi. The respondent has filed a return and both parties have filed briefs in support of their respective positions.
Upon examining the second amended complaint filed in the trial court, a copy of which has been filed in this proceeding, together with the order of respondent denying the above mentioned motion to dismiss; and upon consideration of the arguments and authorities set forth in the briefs, we conclude that the facts of this case fall squarely within the holdings of this court as announced in State ex rel. Department of General Services v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977) and School Board of Leon County v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977).
It is a well settled principle of law that one who seeks a constitutional remedy, whether a right or an exemption, has the duty of clearly and positively presenting the issue at the pleading stage. (See Henderson v. Antonacci, 62 So. 2d 5 (Fla.1952); Smith v. Ervin, 64 So. 2d 166 (Fla.1953) and Jones v. City of Sarasota, 89 So. 2d 346 (Fla.1956).) A reading of the complaint, as amended, filed by the plaintiffs in the trial court reveals that although they hinted at and skirted around constitutional issues, there is no clear and positive statement of deprivation by virtue of the challenged rule. (See Carrollwood State Bank v. Lewis, 362 So. 2d 110, (Fla. 1st DCA 1978) Opinion filed August 22. 1978. Case No. HH-33 and HH-262.)
No useful purpose will be accomplished by reciting here that which was stated in our Willis, Mitchell, and Carrollwood opinions. Suffice to say, here, as in Willis, there has been no showing that the remedies available under the Administrative Procedure Act are inadequate, nor does it appear that the rule challenge initiated in the circuit court is of such character as to justify the intervention of that court via a declaratory judgment proceeding. (School Board of Leon County v. Mitchell, supra, Carrollwood State Bank v. Lewis, supra)
The rule nisi in prohibition heretofore issued is made absolute.
McCORD, C. J., and MELVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)…1979) (“No statute, rule nor regulation, nor the application thereof is challenged; nor is there any allegation nor demonstration of inadequacy of administrative remedies under chapter 120.”) State ex rel. Florida State Board of Nursing v. Santora, 362 So. 2d 116, 117 (Fla. 1st DCA 1978) (“Suffice to say, here as in Willis, there has been no showing that the remedies available under the Administrative Procedure Act are inadequate ....”) Metropolitan Dade County v. Department of Commerce, 365 So. 2d 432, 433…
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Metro. Dade Cnty. v. Dep't OF Commerce, 365 So. 2d 432 (Fla. 3d DCA 1978)…2d 695 (Fla.1978). One who seeks a constitutional remedy has the duty of clearly and positively presenting the issue at the pleading stage and cannot simply hint at the issue in his complaint. State ex rel. Florida State Board of Nursing v. Santora, 362 So. 2d 116 (Fla. 1st DCA 1978). At most, that is what the appellants have done here. They have hinted at a constitutional question in their complaint by claiming that the Department’s actions have violated due process of law under the Florida Constitution. Ap…
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Smith v. Willis, 415 So. 2d 1331 (Fla. 1st DCA 1982)…f a constitutional issue does not automatically entitle a party to bypass administrative channels. See Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc., 361 So. 2d 695 (Fla.1978); State ex rel. Florida State Board of Nursing v. Santora, 362 So. 2d 116 (Fla. 1st DCA 1978); Metropolitan Dade Cty. v. Dept. of Commerce, 365 So. 2d 432 (Fla. 3d DCA 1978). In regard to the county’s vague allegations of agency encroachment upon a judicial prerogative by reason of a superior agency reviewing the action o…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Dep't OF Gen. Servs. v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977)
- The Sch. Bd. OF Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977)
- Henderson v. Antonacci, 62 So. 2d 5 (Fla. 1952)
- Carrollwood State Bank v. Lewis, 362 So. 2d 110 (Fla. 1st DCA 1978)
- Smith v. Ervin, 64 So. 2d 166 (Fla. 1953)
- Abe Jones v. City OF Sarasota, 89 So. 2d 346 (Fla. 1956)