SCHOOL BOARD OF BAY COUNTY, FLORIDA, v. FLORIDA STATE BOARD OF EDUCATION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SCHOOL BOARD OF BAY COUNTY, FLORIDA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D07-6014 v. FLORIDA STATE BOARD OF EDUCATION, Appellee. _____________________________/ Opinion filed June 22, 2009. An appeal from an order of the Department of Education. Franklin Harrison, and Kevin D. Obos of Harrison, Sale, McCloy, Panama City, for Appellant. Deborah K. Kearney, General Counsel, Department of Education, Timothy Osterhaus, Deputy Solicitor General, Office of the Attorney General, and Daniel J. Woodring of Woodring Law Firm, Tallahassee, for Appellee. PER CURIAM. The School Board of Bay 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., 998 So. 2d 641 (Fla. 1st DCA 2008). The Final Order of the State Board of Education is hereby set aside. HAWKES, C.J., ALLEN, and CLARK, JJ., CONCUR. 2

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