Sch. Bd. of Lake Cty. v. State

Full title: SCHOOL BOARD OF LAKE COUNTY, Appellant, v. State of Florida, STATE BOARD…

Court: District Court of Appeal of Florida, First District

Date published: Dec 2, 2008

998 So. 2d 644 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-0168.

December 2, 2008.

An appeal from an order of the Department of Education.

Ronald G. Meyer, Jennifer Blohm, and Janeia R. Daniels of Meyer and Brooks, P.A., Tallahassee; Stephen W. Johnson of McClin Burnsed, Leesburg, for Appellant.

Deborah K. Kearney, General Counsel, Florida Department of Education, Tallahassee; Bill McCollum, Attorney General, and Timothy Osterhaus, Deputy Solicitor General, Office of the Attorney General, Tallahassee, for Appellee.

Daniel J. Woodring of the Woodring Law Firm, Tallahassee, Amicus Curiae for State of Florida, State Board of Education.

PER CURIAM.

The School Board of Lake County challenges the constitutionality of section 1002.335, Florida Statutes (2006), alleging it violates article IX of the Florida Constitution. We hold section 1002.335 is facially unconstitutional. See Duval County Sch. Bd. v. State Bd. of Educ., 1D07-6041, 998 So.2d 641, 2008 WL 5055659 (Fla. 1st DCA Dec. 2, 2008).

BROWNING, C.J., BARFIELD, and KAHN, JJ., concur.