Bell v. Board of Regents

Full title: PATRICIA ANN BELL, Appellant, v. BOARD OF REGENTS, STATE OF FLORIDA…

Court: District Court of Appeal of Florida, First District

Date published: Oct 12, 2000

768 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D99-4043

Opinion filed October 12, 2000.

An appeal from the Circuit Court for Leon County; Terry P. Lewis, Judge.

Marie A. Mattox of Mattox Hood, P.A., Tallahassee, for Appellant.

Edwin R. Hudson and Laura Beth Faragasso of Henry, Buchanan, Hudson, Suber Carter, P.A., Tallahassee, for Appellee.

PER CURIAM.

Patricia Ann Bell appeals a final summary judgment for the Board of Regents concluding that an action under Chapter 760, Florida Statutes (1993), is barred by sovereign immunity. We conclude that, when read in pari materia, sections 760.02(6), 760.02(7), 760.11(4), and 760.11(5), Florida Statutes (1993), constitute a clear and unequivocal waiver of sovereign immunity.See generally Klonis v. State of Florida, Dep't of Revenue, No. 1D99-3736 (Fla. 1st DCA Sept. 15, 2000); Jones v. Brummer, 25 Fla. L. Weekly D1923 (Fla. 3d DCA Aug. 16, 2000); cf. Kimel v. Florida Bd. of Regents, 120 S.Ct. 631, 650 fn (2000) (citing section 760.01 et seq., Florida Statutes (1997 and Supp. 1998), as one example of a state statute protecting state employees from age discrimination).

REVERSED.

BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., SENIOR JUDGE, CONCUR.