Supreme Court of Florida

In an action involving Florida charter schools and the Administrative Procedure Act, lower court's decision is vacated and remanded where the Legislature did not intend for the procedures of the APA to apply to the immediate termination of a charter school charter as Florida statutes indicate the proper procedure. The lower court's conclusion that immediate termination under the statute meant less than ninety days is also rejected as contrary to legislative intent.

Appellate Information

• Decided 02/27/2009
• Published 02/27/2009

Judges

• PARIENTE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Randall D. Burks, Ph.D., and Gerald A. Williams, Office of Chief Counsel, The School Board of Palm Beach County, West Palm Beach, FL, for Petitioner., Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, Timothy D. Osterhaus, Deputy Solicitor General, Deborah Kearney, General Counsel, Jason M. Hand, Assistant General Counsel, Tallahassee, FL, on behalf of The Florida State Board of Education;  Janeia R. Daniels of Meyer and Brooks, P.A., Tallahassee, FL, on behalf of Florida School Boards Association, Inc.;   and Steven Geoffrey Gieseler and Nicholas M. Gieseler on behalf of Pacific Legal Foundation, Stuart, FL, as Amicus Curiae.


• For Appellees:
  
• Bryan James Yarnall, Palm Beach Gardens, FL, for Respondent.