13-002885 Janet Hernandez vs. Manatee County School Board Status: Closed Recommended Order on Wednesday, October 9, 2013.

Summary: This cause is dismissed for lack of subject matter jurisdiction when the issue involved a contract dispute. Contract disputes are within the exclusive jurisdiction of the Article V courts.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JANET HERNANDEZ ,

Petitioner ,

vs. Case No. 13 - 2885

MANATEE COUNTY SCHOOL BOARD ,

Respondent .

/

RECOMMENDED ORDER OF DISMISSAL

This matter came befor e Lynne A. Quimby - Pennock, an

Administrative Law Judge of the Division of Administrative

Hearings (D ivision ), via the Notice of Authority in Support of

Respondent ' s Position for Lack of Subject Matter Jurisdiction as

Raised in the Joint Pre - Hearing Stipula tion (Notice) 1/ filed by

the parties on September 26, 2013.

APPEARANCES

For Petitioner: Melissa C. Mihok, Esquire

Kelly and McKee, P.A.

1718 East 7th Avenue, Suite 301

Post Office Box 75638

Tampa, Florida 33675 - 0638

For Respondent: Erin G. Jackson, Esquire

Thompson, Sizemore, Gonzalez

and Hearing, P.A.

Post Office Box 639

Tampa, Flo rida 33602

STATEMENT OF THE ISSUE S

The issues in this case involve the type of contract (an

annual contract versus professional services contract) Petitioner

had with Respondent, how that contract was terminated, and when

that contract was terminated.

P RELIMINARY STATEMENT

On July 22, 2013, Petitioner filed a Request for

Administrative Hearing " on the apparent decision of the School

Board to terminate [Ms. Hernandez ' ] professional service contract

for employment. " Respondent, Manatee County School Board (School

Board), granted Petitioner ' s request and forwarded the case to

the Division for the assignment of an Administrative Law Judge.

The cause was set for hearing on October 2, 2013, and both

parties were present. In light of the Joint Pre - Hearing

Stip ulation and the timing of the Notice 's filing, argument

regarding jurisdiction was heard at the beginning of the hearing.

Following the parties' presentations, the undersigned advised the

parties that the hearing was concluded and that a Recommended

Order of Dismissal would be issued.

FINDING S OF FACT

1. T he Division has jurisdiction to make findings of fact

to determine subject matter jurisdiction .

2. On September 26, 2013, the parties submitted a Joint

Pre - Hearing Stipulation in this matter that detail ed their

respective positions.

3. In the Pre - Hearing Stipulation, Ms. Hernandez asserts

that she was offered and accepted a professional service contract

(PSC) to teach, effective at the beginning of the 1996/97 school

year. She taught under the PSC for three years. At the

beginning of the 1999/2000 school year, Ms. Hernandez became an

assistant principal; 2/ however , she resigned that position in

October 2000. Ms. Hernandez returned to work as a teacher under

an annual contract for the 2004/05 school ye ar. After again

working as an assistant principal for several years,

Ms. Hernandez transferred to a teaching position before she

requested and was approved to take a leave of absence for both

the 2009/10 and 2010/11 school years. In March 2011,

Ms. Her nandez notified the School Board of her intent to return

to work for the 2011/12 school year. I n April 2011, the School

Board notified Ms. Hernandez that it was not renewing her

employment contract.

4. Ms. Hernandez contends that she was working under a PSC

and there was not just cause for her termination or non - renewal

of her contract. The School Board ' s contention is that

Ms. Hernandez was on an annual contract, and thus it could

terminate or non - renew her contract in 2011 .

CONCLUSIONS OF LAW

5. It is well - settled that contractual disputes are

exclusively within the jurisdiction of Article V courts.

Contractual disputes cannot be litigated in this forum or an

administrative body. Worldwide Research Ser v s . Corp. v. Dep ' t of

Fin . Servs . , 2007 Fla. D iv. Adm. Hear. LEXIS 664 (DOAH December

6, 2007)(dismissing cause for lack of jurisdiction where

" Petitioner seeks to have a contract dispute . . . resolved in

this forum. Be it an oral or written contract, the resolution of

contract disputes is the exclu sive jurisdiction of Article V

courts " ); Peck Plaza Condo. v . Div . of Fla. Land Sales and

Condos. , 371 So. 2d 152, 153 - 154 (Fla. 1st DCA 1979)(holding

Division of Administrative Hearings lacked jurisdiction to

adjudicate contract dispute; " Jurisdiction to interpret . . .

contracts is, under our system, vested solely in the judiciary " );

see also Fla. St . Univ . v. Hatton , 672 So. 2d 576, 579 (Fla.1 st

DCA 1996) (noting that the Division of Administrative Hearings is

a quasi - judicial forum and not a court of co mpetent

jurisdiction).

6. For the reasons stated above, the Division of

Administrative Hearings lack s subject matter jurisdiction to

resolve what is plainly a contract dispute between these parties.

RECOMMENDATION

It is RECOMMENDED that Petitioner ' s re quest for an

administrative hearing be dismissed for lack of jurisdiction.

DONE AND ENTERED this 9th day of October , 2013 , in

Tallahassee, Leon County, Florida.

S

LYNNE A. QUIMBY - PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 9th day of October , 2 013 .

ENDNOTE S

1/ The Notice was filed at 3:58 p.m., on October 1, 2013.

2/ Assistant p rincipals do not work under a PSC.

COPIES FURNISHED:

Melissa C. Mihok, Esquire

Kelly and McKee, P.A.

1718 East 7th Avenue, Suite 301

Post Office Box 75638

Tampa, Florida 33675 - 0638

Erin G. Jackson, Esquire

Thompson, Sizemore, Gonzalez and Hearing, P.A.

Post Office Box 639

Tampa, Florida 33602

Matthew Carson, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallaha ssee, Florida 32399 - 0400

Pam Stewart, Commissioner

Department of Education

Turlington Building, Suite 1514

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

Rick W. Mills, Superintendent

Manatee School District

215 Manatee Avenue, West

Bradenton, Florida 34205 - 9069

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.