Charity v. Florida State University, No. 95-2553

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; BARFIELD and KAHN, JJ., and SMITH
Citation680 So.2d 463
Parties113 Ed. Law Rep. 991, 21 Fla. L. Weekly D657 Douglas A. CHARITY, Appellant, v. The FLORIDA STATE UNIVERSITY, Appellee.
Decision Date13 March 1996
Docket NumberNo. 95-2553

Page 463

680 So.2d 463
113 Ed. Law Rep. 991, 21 Fla. L. Weekly D657
Douglas A. CHARITY, Appellant,
v.
The FLORIDA STATE UNIVERSITY, Appellee.
No. 95-2553.
District Court of Appeal of Florida,
First District.
March 13, 1996.

Douglas A. Charity, pro se, Tallahassee, for Appellant.

Gregory A. Chaires, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this appeal, Douglas Charity (hereafter petitioner, or appellant) seeks reversal of a final order of the Division of Administrative Hearings rendered in a rule challenge proceeding pursuant to section 120.54(4), Florida

Page 464

Statutes. The order declares valid proposed rule 6C2-5.0021 promulgated by The Florida State University (hereafter University, or appellee). We affirm.

The parties stipulated in the proceeding below to certain facts which the hearing officer incorporated into his final order. For the most part, these facts deal with the communications and discussions between various deans and other officials of the University, including its general counsel, concerning the review and possible repeal or revision of the University's Rule 6C2-5, Florida Administrative Code, entitled "Academic Matters." As stated by the hearing officer in his order, proposed rule 6C2-5.0021 repeals some of the current rules in Chapter 6C2-5, which rules contain University curricula, and other rules pertaining to admission and readmission requirements and procedures, graduation and retention requirements, and other matters. The proposed rule additionally provides for incorporation by reference of University catalogs, bulletins, and other publications specifically identified in the proposed rule. 1 According to the language of the proposed rule, these publications "establish, contain or prescribe various academic and curriculum matters that include admission and degree requirements, course offerings, fields of study, academic calendars, facilities available to students, faculty and staff of the University, and other matters of educational delivery...." 2

Upon consideration and review of the facts as stipulated and the evidence presented below, which consisted of documentary exhibits and published materials, together with the testimony of the petitioner, the hearing officer found that the petitioner had failed to establish that the proposed rule constituted an invalid exercise of delegated legislative authority as the term is defined in section 120.52(8)(a)-(e), inclusive, Florida Statutes. 3 The final order contains an analysis and discussion of the proposed rule in the light of each factor included within the statutory definition, and appellant has failed to demonstrate any error in the hearing officer's conclusions. We therefore affirm without further discussion the findings and conclusions of the hearing officer concerning the validity of the rule.

We note, however, as found by the hearing officer, that petitioner's primary concern expressed in his testimony below appears to be focused on his contention that the University currently employs policies that are not contained in the documents incorporated within the proposed rule. We agree with the further conclusion of the hearing officer that such concerns do not provide grounds upon which to invalidate the proposed rule in this proceeding. The extent to which this (or other practices about which petitioner, as a student or former student, might complain) would afford grounds for relief under other provisions of Chapter 120, Florida Statutes, is not before us in this appeal. We express no...

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1 practice notes
  • Florida Key Citizens Coalition, Inc. v. Florida Administration Commission, No. 3D05-1800.
    • United States
    • Court of Appeal of Florida (US)
    • November 15, 2006
    ...and not arbitrary and capricious. See Dep't of Health v. Merritt, 919 So.2d 561 (Fla. 1st DCA 2006); Charity v. Fla. State. Univ., 680 So.2d 463 (Fla. 1st DCA 1996); Dep't of Natural Res. v. Sailfish Club of Fla., Inc., 473 So.2d 261, 264 (Fla. 1st DCA 1985). Accordingly, we affirm the ALJ'......
1 cases
  • Florida Key Citizens Coalition, Inc. v. Florida Administration Commission, No. 3D05-1800.
    • United States
    • Court of Appeal of Florida (US)
    • November 15, 2006
    ...and not arbitrary and capricious. See Dep't of Health v. Merritt, 919 So.2d 561 (Fla. 1st DCA 2006); Charity v. Fla. State. Univ., 680 So.2d 463 (Fla. 1st DCA 1996); Dep't of Natural Res. v. Sailfish Club of Fla., Inc., 473 So.2d 261, 264 (Fla. 1st DCA 1985). Accordingly, we affirm the ALJ'......

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