14-000285RX
Sports Camp, Inc., D/B/A Sports Club, A Florida Not-For-Profit Corporation vs.
Collier County School Board
Status: Closed
DOAH Final Order on Wednesday, September 17, 2014.
DOAH Final Order on Wednesday, September 17, 2014.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8SPORTS CAMP, INC., d/b/a SPORTS
13CLUB, A FLORIDA NOT - FOR - PROFIT
21CORPORATION,
22Petitioner,
23and
24PARENTS' RIGHTS OF CHOICE FOR
29KIDS, INC., d/b/a PARENTS ROCK,
34Intervenor,
35vs. Case No. 14 - 0285RX
41COLLIER COUNTY SCHOOL BOARD,
45Respondent.
46_______________________________/
47FINAL ORDER
49On May 6 through 8, and June 5 through 6, 2014,
60Thomas Porter Crapps, a duly - designated Administrative Law Judge
70of the Division of Administ rative Hearings (DOAH), conducted the
80final hearing in this case in Naples, Florida.
88APPEARANCES
89For Petitioner: Kevin Pendley, Esquire
94Grant Fridkin Pearson, P.A.
985551 Ridgewood Drive, Suite 501
103Naples, Florida 34103
106For Respondent: Jon Fishbane, Esquire
111School Board of Collier County
1165775 Osceola Trail
119Naples, Florida 34109
122James D. Fox, Esquire
126Roetzel a nd Andress, LPA
131850 Park Shore Drive
135Trianon Centre, Third Floor
139Naples, Florida 34103
142For Intervenor: Steven J. Bracci, Esquire
148Steven J. Bracci, P.A.
1529015 Strada Stel l Court, Suite 102
159Naples, Florida 34109
162STATEMENT OF THE ISSUE
166Whether Amended School Board Policy 2262 is an invalid
175exercise of delegated legislative authority under
181section 120.52(8), Fl orida Statutes (2013) 1/ .
189PRELIMINARY STATEMEN T
192On January 17, 2014, Petitioner, Sports Club, Inc., a
201Florida non - profit corporation, doing business as Sports Club
211(Sports Club), filed with DOAH a Petition to Determine Invalidity
221of a Rule (Petition), adopted by the School Board of Collier
232County ( Sch ool Board) . The challenged rule is the School BoardÓs
245Before and After School Child Care Services Policy, Amended
254School Board Policy 2262 (Amended School Board Policy 2262) ,
263adopted on December 10, 2013.
268The School Board adopt ed Amended School Board Po licy 2262 in
280response to an unadopted rule challenge. See Bracci v. Sch. Bd.
291of Collier Cnty. , Case No. 13 - 2394RU (Fla. DOAH Jan. 17,
3032014)(dismissing unadopted rule challenge as moot where School
311Board initiated rulemaking and adopted rule). Th is unadop ted
321rule challenge had argued that the School BoardÓs Request for
331Qualifications #115 - 4/13 (RFQ) constituted an unpromulgated rule.
340The RFQ sought to qualify child care providers to operate before
351and after school child care programs located at the Distri ctÓs
362elementary schools. During the unadopted rule challenge, the
370School Board, on September 13, 201 3 , elected to initiate
380rulemaking, and ultimately adopted Amended School Board Policy
3882262 , and wholly incorporated the RFQ into its policy.
397On February 21 , 2014, ParentsÓ Rights of Choice for Kids,
407Inc., doing business as Parents Rock, a Florida non - profit
418corporation (Parents Rock), filed a Petition to Intervene in the
428rule challenge case , which was granted.
434Sports ClubÓs Petition alleged that Amended S chool Board
443Policy 2262 improperly allows the Collier County School District
452(District) to act as a private business and operate its own child
464care programs. Sports Club contends that absent a specific
473constitutional or delegated statutory authority, the School
480BoardÓs adopted rule is invalid. Further, Sports Club alleges
489that Amended School Board Policy 2262 Ðis the product of an
500invalid procedure, vests unbridled discretion in the School
508Board, and imposes regulatory costs on Sports Club and the public
519over and above less costly alternatives[.]Ñ Thus, Sports Club
528concludes that Amended School Board Policy 2262 is an Ðinvalid
538exercise of delegated legislative authority.Ñ
543T he parties filed a stipulated agreement to hold the final
554hearing beyond the 30 - day time limit found in
564section 120.56(1)(c) , Florida Statutes . The final hearing began
573the first week in May 2014, but the parties were unable to finish
586the case. As a result, the final hearing was continued until
597June 5, 2014, and was completed the next day.
606Sports Club presented the testimony of : two of its
616corporate officers , Lane Beatty and William Carufe; Pat Mitchell,
625an internal funds accountant for the School Board; Roy Terry, a
636School Board member; Dr. Kamela Patton, superintendent for the
645Scho ol Board (Superintendent Patton); Jodie Moorhead, principal
653of Lake Trafford Elementary School; and Marilou Andrews,
661principal of Laurel Oaks Elementary. Sports Club admitted into
670evidence Petitioner Ós Exhibits 1 through 3 and 5 through 9.
681Parents Rock pr esented the testimony of Erika Donalds , its
691president, and Nancy Sirko, the School DistrictÓs director of
700purchasing. Parents Rock introduced into evidence Intervenor Ós
708Exhibits 1 through 3, 6, 8 through 13, 16 through 20, 24 through
72130, 34, 36, 38, 40 th rough 44, 47 through 50, 56 and 59.
735The School Board presented the testimony of : Superintendent
744Patton; Nancy Sirko; Sandy Eaton, the School BoardÓs
752administrative director of operations; and Steve Brettholtz, an
760expert witness. The School Board admitted into evidence
768Respondent Ós Exhibits 1 through 4, 6 through 9, 11 and 17
780through 19.
782A six - volume Trial Transcript was filed with DOAH. The
793undersigned granted the parties Ó request for an extension of time
804in order to file proposed recommended orders. Sports Club and
814Parents Rock filed a joint Proposed Recommended Order, and the
824School Board filed its own separate Proposed Recommended Order .
834FINDINGS OF FACT
8371. The School Board has the constitutional duty to operate,
847control and supervise the public schools within Collier County,
856Florida. Art. IX, § 4(b), Fla. Const. (2014); see also
866§ 1001.32, Fla. Stat.
8702. Sports Club is a private, non - profit Florida
880c orporation, whose principal business activity is providing
888before and after school child care. Sports Club is located in
899Collier County, and offers its child care services at its own
910private facilities, as well as at certain District elementary
919schools.
9203. Parents Rock is a private, non - profit Florida
930c orporation formed on June 24, 2013, for the purpose of
941representing parentsÓ interests in education, and advocating for
949legislation, regulations, and government programs that improve
956parentsÓ rights and choi ces in local education. Parents RockÓs
966membership consists of approximately 700 individuals, mostly
973parents of children attending schools in the District. A
982substantial number of these parents us e the child care programs
993located at the District facilities. Moreover, a substantial
1001number of Parents RockÓs members routinely attend School Board
1010me etings and advocate for parental involvement in their
1019childrenÓs education and issues of importance, like the
1027DistrictÓs child care program.
10314. Amended School Board Policy 2262, which is part of the
1042School BoardÓs Bylaws and Policies, is titled: Befor e and After
1053School Child C are. The challenged policy contains paragraphs
1062lettered ÐA through LÑ which provides for the following issues:
1072A. Parents and the community being given an
1080opportunity to make recommendations
1084concerning the operation and funding of child
1091care programs prior to the approval by the
1099School District;
1101B. Child care programs and services being
1108available to students both prior to and after
1116the school day;
1119C. Child care programs having an emphasis on
1127providing educational opportunitie s and
1132Ðvariety of activities that promote the
1138social, intellectual, and physical
1142development of children in the program[;]Ñ
1149D. Adequate attention being given to the
1156child care programs having an environment
1162that meets the needs and well - being of the
1172chi ldren, ensuring the childrenÓs safety,
1178security, that the children are clothed, fed,
1185and Ðhav[ing] an opportunity for a variety of
1193social, intellectual, and physical
1197activities[;]Ñ
1199E. Vendors or other organization contracted
1205to provide the child care pro grams having
1213adequate liability insurance, and
1217Ðmaintaining appropriate adult - child ratios,
1223provide quality child care, and in general,
1230complying with the procedures established by
1236the State and the District[;]Ñ
1242F. Notifying parents and families about th e
1250child care programs and procedures for
1256enrollment;
1257G. Continuing program assessments by staff,
1263participating parents, and other stakeholders
1268during the course of the child care program;
1276H. Fees for the child care services being
1284applied only to those schools involved in
1291vendor run or school based programs;
1297I. Recognizing that a parent may notify the
1305child care providers of the parentÓs
1311preference that a child receiving either
1317additional physical or academic activities,
1322and Ðevery reasonable effort s hall be made to
1331accommodate the request[;]Ñ
1335J. Parents, whose children participate in
1341the child care programs, giving Ðfeedback
1347concerning the programÑ and requiring that
1353the DistrictÓs manager of after school child
1360care consider the information;
1364K. A procedure for surveying and collecting
1371information from parents evaluating the child
1377care programs; and
1380L. Providing that Ð[a]ny terms, conditions,
1386or issues enumerated in the DistrictÓs RFQ
1393115 - 4113 [sic], whether express or implied,
1401related to this pol icy, are hereby adopted
1409and incorporated by reference in the policy
1416during the duration of RFQ 115 - 4113 including
1425any renewal period provided for in said RFQ.Ñ
1433Amended School Board Policy 2262 then states that to Ðimplement
1443this policy, the Superintenden t will develop and/or revise
1452administrative procedures consistent with the RFP/RFQ process
1459relative to child care service.Ñ
14645. The School Board wholly adopted School Age Child Care
1474Services, RFQ #115 - 4/13 (RFQ), into its Policy. Consequently, a
1485short exp lanation of the RFQ is required here.
14946. In the RFQ, the District sought to qualify child care
1505providers to operate child care programs at the DistrictÓs
1514elementary schools. T he RFQ that was released by the District,
1525on May 2, 2013, provided for:
15311) un iform fees for all program services; 2 /
15412) no credit for fees paid, if a child was
1551unable to use the child care program due to
1560an absence; 3 /
15643) a $10.00 surcharge on each registered
1571student that a private vendor provided
1577financial assistance to attend the after
1583school program; 4 / and
15884) standards and criteria for the child care
1596programs that required the programs to be
1603staffed by certified teachers. 5/
1608Finally, and importantly, the RFQ allowed elementary school
1616principals to decide whether or not to offer child care through
1627private providers or for the school to operate its own Ðin - houseÑ
1640child care program. 6/
16447. Sports Club participated in the RFQ process, and was
1654identified as a qualified provider. Based on its approval as a
1665qualified provider, Sports Club was given an opportunity to
1674present its services to the DistrictÓs elementary school
1682principals in a webinar. Following the presentation, on
1690May 29, 2013, five elementary school principals chose Sports Club
1700as child care provider for their sc hools. However, Sports Club
1711was not chosen as a provider for six other elementary schools
1722that it had previously served under a contract with the District.
1733In some instances, like Veterans Memorial Elementary School, the
1742principal had decided to operate an Ðin - houseÑ program, rather
1753than selecting Sports Club.
17578. After the selection process, Sports Club informed
1765parents about the impending changes, and asked the parents to
1775contact the School Board if they wanted to keep Sports Club as a
1788child care provid er. The School Board was to ratify the
1799elementary school principalsÓ decisions at a June 11, 2013,
1808School Board meeting.
18119. Many parents , on learning about the RFQÓs terms and that
1822Sports Club would no longer be providing child care at their
1833childÓs el ementary school , became extremely upset. A particular
1842concern was the DistrictÓs decision not to seek any parental
1852involvement in the formulation of the RFQ and provisions setting
1862the uniform fees, which increased the child care costs for the
1873parents.
18741 0. On June 3, 2013, the RFQ became the subject of an
1887unadopted rule challenge brought by a parent. Rather than
1896proceeding to a final hearing, the School Board elected to
1906initiate rulemaking concerning the unadopted rule challenge on
1914September 13, 2013.
191711. In the initial Notice of rulemaking, the School Board
1927specifically stated that although a proposed text of the rule was
1938not available, the RFQÓs provisions regarding fees and program
1947content would serve as a reference point.
195412. During the rulemakin g w orkshops on October 16, 2013,
1965and November 13, 2013, the DistrictÓs rule proposals amended
1974certain provisions within the RFQ. Specifically, the proposals
1982amended the RFQÓs terms concerning the amount of the uniform fees
1993to be charged; 7/ the granting of credits in the limited instance
2005when a child has a medical excuse for not attending the after
2017school child care; 8/ setting out a parental survey for assessing
2028the child care programs; 9/ and reducing the fee paid by private
2040providers for using the District Ós facilities during the summer
2050months. 10/
205213. The School Board at its December 10, 2013, meeting,
2062enacted Amended School Board Policy 2262, which incorporated the
2071RFQ completely into the policy in paragraph ÐL.Ñ On its face,
2082t he School BoardÓs langua ge in paragraph Ð L Ñ is not clear as to
2098which version of the RFQ was incorporated. However, the
2107testimony and attachments to the Amended School Board Policy show
2117that the School BoardÓs reference is referring to the RFQ, as the
2129School Board had amended it during the rulemaking process.
213814. Amended School Board Policy 2262, with the RFQÓs terms
2148setting out the uniform fees and program criteria, only applies
2158to child care programs located at the DistrictÓs elementary
2167schools. Amended School Board Policy 226 2 has no application for
2178child care services off - site. The facts here show that Sports
2190Club owns its own facility, and provides transportation to the
2200Sports ClubÓs private facility for students from some of the
2210elementary schools that elected to provide Ð in - houseÑ services.
2221Parents sign a permission form, and Sports ClubÓs bus transports
2231the child from the elementary school to Sports ClubÓs facility.
2241At its private facility, Sports Club is free to offer child care
2253programs at rates that it decides are ap propriate , without any
2264regard to the challenged rule.
226915. Sports ClubÓs claimed economic losses are the result of
2279its decision to participate in the RFQ process, not the
2289challenged rule. Sports Club was selected as a child care
2299provider under the RFQ at the June 11, 2013, School Board
2310meeting, and Sports Club subsequently entered into a contract
2319with the District to provide child care services under the RFQ,
2330on August 16, 2013. These events occurred months before the
2340School Board adopted the challenge d rule here at its
2350December 10, 2013, meeting. Moreover, the undersigned found that
2359Mr. Brettholtz credibly testified that the financial records
2367provided by Sports Club did not follow accepted accounting
2376practices, and could not be used to support Sports ClubÓs claimed
2387economic losses.
2389C ONCLUSIONS OF LAW
239316 . DOAH has subject matter jurisdiction pursuant to
2402section 120.56(1), Florida Statutes, concerning whether the
2409challenged rule is an invalid exercise of delegated legislative
2418authority.
241917. The School Board raised several defenses in response to
2429Sports ClubÓs rule challenge. One dispositive defense is that
2438Amended School Board Policy 2262 is pursuant to the School
2448BoardÓs constitutional authority, and is not a delegated
2456legislative authority und er section 120.52(8), Florida Statutes.
246418. The School Board derives its power to operate, control
2474and supervise the local schools from the Florida Constitution.
2483Art. IX, § 4(b), Fla. Const. The L egislature may not reallocate
2495or delegate those powers. Chiles v. Children A, B, C, D, E
2507and F , 589 So. 2d 260, 268 - 269 (Fla. 1991). The broad scope of
2522the School BoardÓs powers are recognized by the L egislature in
2533section 1001.32(2), Florida Statutes, which provides:
2539District School Board. Î In accordance with
2546the provisions of s. 4(b) of Art. IX of the
2556State Constitution, district school boards
2561shall operate, control, and supervise all
2567free public schools in their respective
2573districts and may exercise any power except
2580as expressly prohibited by the State
2586C onstitution or general law.
259119 . The School BoardÓs ability to exercise its
2600constitutional powers is also acknowledged in section 120.81,
2608Florida Statutes. S ection 120.81(1)(a), Florida Statutes,
2615recognizes that Ð[n]otwithstanding s. 1 20.536(1) and the flush
2624left provisions of s. 120.52(8), district school boards may adopt
2634rules to implement their general powers under s. 1001.41.Ñ The
2644flush left provisions under section 120.52(8), which recognizes
2652that Ð[a]n agency may adopt only rules that implement or
2662interpret the specific powers and duties granted by the enabling
2672statute[,]Ñ is not applicable to a school board acting to
2683implement their general powers, which are constitutionally
2690derived.
269120 . While the School Board has constitutional authority
2700over local control of the public schools, the L egislature has the
2712constitutional authority to maintain a statewide system of
2720uniform system of education. Art. IX, § 1(a), Fla. Const. A n
2732area where the L egislature has asserted its constitutional
2741authority to m aintain a uniform system of statewide education is
2752the Florida Education CodeÓs statutes con cern ing the employment
2762and discipline of school district instructional staff. See
2770§ 1012.33, Fla. Stat . Thus, in reviewing the School BoardÓs
2781action here, one mu st determine whether the challenged rule is
2792one of local concern, and whether the L egislature has asserted
2803its constitutional authority over the issue.
280921 . Applying the law to the School BoardÓs challenged rule
2820here, the undersigned finds that its Amend ed School Board Policy
28312262 is an action pursuant to the School BoardÓ s constitutional
2842powers, and is not a delegated legislat ive authority. The School
2853BoardÓs decision for the District to operate its own child care
2864programs, to set uniform fees, and dete rmine the criteria for
2875child care programs located at District facilities is purely a
2885local issue. The decision is a local issue because the
2895challenged policy and the RFQ have no effect outside of the
2906DistrictÓs elementary schools that participate in the before and
2915after school child care programs. Moreover, there is no express
2925provision, either constitutional or statutory, prohibiting the
2932School Board from: 1) deciding to offer Ðin - houseÑ child care
2944programs at its own facilities; 2) determining the rat es to be
2956charged by providers or vendors providing services at DistrictÓs
2965facilities; or 3) determining the program criteria and personnel
2974for child care programs offered at the DistrictÓs facilities.
2983Consequently, as recognized in section 1001.32, Florid a Statutes,
2992the School Board here is free to adopt Amended School Board
3003Policy 2262 in the exercise of its constitutional powers . It is
3015not an invalid delegation of legislative authority.
3022O RDER
3024Based on the foregoing Findings of Fact and Conclusions of
3034L aw, the PetitionerÓs and IntervenorÓs rule challenge is
3043dismissed .
3045DONE AND ORDERED this 17th day of September , 2014 , in
3055Tallahassee, Leon County, Florida.
3059S
3060THOMAS P. CRAPPS
3063Administrative Law Judge
3066Division of Administr ative Hearings
3071The DeSoto Building
30741230 Apalachee Parkway
3077Tallahassee, Florida 32399 - 3060
3082(850) 488 - 9675
3086Fax Filing (850) 921 - 6847
3092www.doah.state.fl.us
3093Filed with the Clerk of the
3099Division of Administrative Hearings
3103this 1 7th day of September , 2014 .
3111EN DNOTES
31131/ All references to Florida Statutes shall be to the 2013
3124edition, unless otherwise specified.
31282/ Section 3.4 of the RFQ stated that after school child care for
3141a full week, consisting of 4 to 5 days, cost $50 per child, with
3155a $40 per child charge for Collier County Public School
3165employees. The cost for a partial week, which consisted of 2 to
31773 days per week, was $40 per child, with no discount for District
3190employees. The RFQ set the cost for one day drop off at $20.
3203The RFQ expressly stat ed that the Ðuniform feesÑ were ÐNOT
3214negotiable.Ñ RFQ, £ 3.4 (emphasis in original).
32213 / Section 3.4 of the RFQ provided that ÐStudents must be
3233enrolled and tuition is expected to be paid weekly whether the
3244enrolled child is in attendance or not (i.e. absence due to
3255illness, appointments or other reasons).Ñ Consequently, under
3262the RFQ , a parent who had paid for child care would not be given
3276a credit if his or her child was unable to use the child care
3290service.
32914 / Section 3.7 of the RFQ.
32985 / The RFQ envisioned that qualified providers would operate
3308child care programs at the school facilities that included
3317academic programs staffed by certified teachers, and incorporated
3325standards set out by the National Association for Elementary
3334School Principals. RFQ §§ 3.9 and 4.0.
33416 / There was no evidence that the District personnel made any
3353economic study to determine the potential costs of running the
3363after school child care programs, and correlat e the uniform fees
3374set by the District in its RFQ with the cos ts of the program.
33887/ Revised section 3.4 of the RFQ, table found in School BoardÓs
3400Exhibit 1 at page 78.
34058 / Revised section 3.6 of the RFQ, Credit for Prepayment for
3417Health Reasons found in School BoardÓs Exhibit 1 at page 79.
34289/ Revised RFQ, Exhi bit D found in School BoardÓs Exhibit 1 at
3441page 83, and paragraph K of Amended School Board Policy 2262.
34521 0 / Revised section 3.7, RFQ, School BoardÓs Exhibit 1 at
3464page 80. Under the original terms of the RFQ, private child care
3476providers were required to pay the School District 30 percent of
3487total monthly tuition charged for all students in the program
3497during the summer months. Under the proposed revision, the
3506private child care providerÓs payment was reduced to 20 percent
3516of total monthly tuition char ged for all students in the program.
3528COPIES FURNISHED:
3530Kevin William Pendley, Esquire
3534Grant Fridkin Pearson, P.A.
35385551 Ridgewood Drive , Suite 501
3543Naples, Florida 34103
3546(eServed)
3547Steven J. Bracci, Esquire
3551Steven J. Bracci, P.A.
35559015 Strada Stell Court , Suite 102
3561Naples, Florida 34109
3564(eServed)
3565Jon D. Fishbane, Esquire
3569Collier County School Board
35735775 Osceola Trail
3576Naples, Florida 34109
3579(eServed)
3580James D. Fox, Esquire
3584Roetzel and Andress
3587850 Park Shore Drive , Suite 300
3593Naples, Florida 34103 - 3587
3598(eS erved)
3600Kamela Patton, Superintendant
3603Collier County School Board
36075775 Osceola Trail
3610Naples, Florida 34109 - 0919
3615Pam Stewart, Commissioner
3618Department of Education
3621Turlington Building, Suite 1514
3625325 West Gaines Street
3629Tallahassee, Florida 32399 - 0400
3634(eS erved)
3636Lois Tepper, Interim General Counsel
3641Department of Education
3644Turlington Building, Suite 1244
3648325 West Gaines Street
3652Tallahassee, Florida 32399 - 0400
3657(eServed)
3658Kenneth Plante, Esquire
3661Joint Administrative Procedures Committee
3665Room 680, Pepper Build ing
3670111 West Madison Street
3674Tallahassee, Florida 32399 - 1900
3679(eServed)
3680Liz Cloud, Program Director
3684Administrative Code
3686Department of State
3689R.A. Gray Building, Room 101
3694Tallahassee, Florida 32399
3697(eServed)
3698NOTICE OF RIGHT TO JUDICIAL REVIEW
3704A party w ho is adversely affected by this Final Order is entitled
3717to judicial review pursuant to section 120.68, Florida Statutes.
3726Review proceedings are governed by the Florida Rules of Appellate
3736Procedure. Such proceedings are commenced by filing the original
3745n otice of administrative appeal with the agency clerk of the
3756Division of Administrative Hearings within 30 days of rendition
3765of the order to be reviewed, and a copy of the notice,
3777accompanied by any filing fees prescribed by law, with the clerk
3788of the Distr ict Court of Appeal in the appellate district where
3800the agency maintains its headquarters or where a party resides or
3811as otherwise provided by law.
- Date
- Proceedings
- PDF:
- Date: 11/15/2016
- Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to the Petitioner.
- PDF:
- Date: 11/15/2016
- Proceedings: Transmittal letter from Claudia Llado forwarding Intervenor's Exhibits to the Intervenor.
- PDF:
- Date: 11/14/2016
- Proceedings: Transmittal letter from Claudia Llado forwarding the six-volume Transcript, along with Joint Exhibits numbered 1-18, and Respondent's Exhibits numbered 1-4, 6-9, 11 and 17-19, to Respondent.
- PDF:
- Date: 12/07/2015
- Proceedings: BY ORDER OF THE COURT: Appellant's motion for rehearing or issuance of a written opinion is denied as untimely.
- PDF:
- Date: 10/30/2015
- Proceedings: BY ORDER OF THE COURT: Appellant's motion for appellate Attorney's fees is denied.
- PDF:
- Date: 10/30/2015
- Proceedings: BY ORDER OF THE COURT: Appellant moves for attorney's fees is denied.
- PDF:
- Date: 06/26/2015
- Proceedings: BY ORDER OF THE COURT: Appellee's motion for extension of time to respond to Appellant's motion for attorneys' fees is granted.
- PDF:
- Date: 06/25/2015
- Proceedings: BY ORDER OF THE COURT: Appelle's motion for extension of time is granted, appellee shall respond to appellant's motion for attorney fees within 15 days.
- PDF:
- Date: 03/16/2015
- Proceedings: BY ORDER OF THE COURT: Appellee's motion for extension of time is granted, the answer brief sall be served within 30 days of this order.
- PDF:
- Date: 01/20/2015
- Proceedings: BY ORDER OF THE COURT: The Appellee's motions to consolidat are granted only to the extent that the two above-captioned appeals will travel together for review by the same panel of judges.
- PDF:
- Date: 12/23/2014
- Proceedings: Letter to James Birkhold from Robert Williams regarding correct exhibit name of the three video discs that were mailed December 1, 2014 filed.
- PDF:
- Date: 12/23/2014
- Proceedings: Supplemental Index, Record, and Certificate of Record sent to the Second District Court of Appeal.
- PDF:
- Date: 12/01/2014
- Proceedings: Letter to J. Birkhold from R. Williams regarding enclosed exhibits to the record on appeal filed.
- PDF:
- Date: 11/18/2014
- Proceedings: Index, Record, and Certificate of Record sent to the Second District Court of Appeal.
- PDF:
- Date: 10/13/2014
- Proceedings: Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date (for Sports Camp, Inc., d/b/a Sports Club).
- PDF:
- Date: 10/13/2014
- Proceedings: Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date (for Parents' Rights of Choice for Kids, Inc.).
- PDF:
- Date: 10/13/2014
- Proceedings: Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date (for Sports Camp, Inc., d/b/a Sports Club).
- PDF:
- Date: 09/17/2014
- Proceedings: Final Order (hearing held May 6 through 8, and June 5 through 6, 2014). CASE CLOSED.
- PDF:
- Date: 08/01/2014
- Proceedings: Petitioner's and Intervenor's Proposed Findings of Fact and Conclusions of Law filed.
- PDF:
- Date: 07/07/2014
- Proceedings: Joint Motion to Enlarge Time to File Proposed Final Orders filed.
- Date: 07/03/2014
- Proceedings: Transcript of Proceedings Volume I-VI (not available for viewing) filed.
- Date: 06/05/2014
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 05/27/2014
- Proceedings: Notice of Telephonic Status Conference (status conference set for May 28, 2014; 2:00 p.m.).
- PDF:
- Date: 05/13/2014
- Proceedings: Notice of Hearing (hearing set for June 5, 6 and 9, 2014; 9:00 a.m.; Naples, FL).
- Date: 05/06/2014
- Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
- PDF:
- Date: 05/05/2014
- Proceedings: (Respondent's) Notice of Filing Supplement to Joint Prehearing Statement filed.
- PDF:
- Date: 05/02/2014
- Proceedings: Notice of Filing (Request for Admissions and Response to Petitioner's Amended Request for Admissions) filed.
- PDF:
- Date: 04/30/2014
- Proceedings: Petitioner's Response in Opposition to Respondent's Motion to Compel filed.
- PDF:
- Date: 04/29/2014
- Proceedings: Amended Petition to Intervene (filed by Parents' Rights of Choice for Kids, Inc. d/b/a Parents Rock) filed.
- PDF:
- Date: 04/21/2014
- Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for April 22, 2014; 10:00 a.m.).
- PDF:
- Date: 04/17/2014
- Proceedings: Petitioner's Notice of Filing (exhibit A in support of motion to compel) filed.
- PDF:
- Date: 03/31/2014
- Proceedings: Amended Notice of Hearing (hearing set for May 6 through 9, 2014; 9:00 a.m.; Naples, FL; amended as to date of hearing).
- PDF:
- Date: 03/31/2014
- Proceedings: Respondent's Notice of Correcting Room Number and Telephone Number filed.
- PDF:
- Date: 03/25/2014
- Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for May 5 through 9, 2014; 9:00 a.m.; Naples, FL).
- PDF:
- Date: 03/20/2014
- Proceedings: (Respondent's) Amended Stipulated Motion for Hearing Continuance filed.
- PDF:
- Date: 03/19/2014
- Proceedings: Respondent's First Request for Production of Documents Propounded to Petitioner Sports Camp, Inc., d/b/a Sports Club filed.
- PDF:
- Date: 03/19/2014
- Proceedings: Respondent's First Request for Admissions Directed to Petitioner, Sports Camp, Inc. d/b/a Sports Club filed.
- PDF:
- Date: 03/19/2014
- Proceedings: Response of Respondent School Board of Collier County to Petitioners First Request for Production filed.
- PDF:
- Date: 03/07/2014
- Proceedings: Exhibit "B" to the Respondent, School Board of Collier County, Florida's Objection to Petition to Intervene filed.
- PDF:
- Date: 03/03/2014
- Proceedings: Letter to Judge Crapps from Steven Bracci requesting hearing on petition to intervene filed.
- PDF:
- Date: 02/26/2014
- Proceedings: Respondent's Responses to Petitioner's Amended Request for Admissions filed.
- PDF:
- Date: 02/25/2014
- Proceedings: Notice of Filing (Amended Notice of Appeal) filed (filed in the wrong case).
- PDF:
- Date: 02/21/2014
- Proceedings: Petition to Intervene (filed by Parents' Rights of Choice for Kids, Inc. d/b/a Parents Rock) filed.
- PDF:
- Date: 02/20/2014
- Proceedings: Notice of Filing (Articles of Incorporation in Support of its Motion to Dismiss) filed.
- PDF:
- Date: 02/19/2014
- Proceedings: Petitioner's Case Status Report and Consent Motion for Extension of Time filed.
- PDF:
- Date: 01/29/2014
- Proceedings: Notice of Hearing (hearing set for April 1 and 2, 2014; 9:00 a.m.; Naples, FL).
- Date: 01/27/2014
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 01/24/2014
- Proceedings: Amended Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
Case Information
- Judge:
- THOMAS P. CRAPPS
- Date Filed:
- 01/17/2014
- Date Assignment:
- 01/24/2014
- Last Docket Entry:
- 11/15/2016
- Location:
- Naples, Florida
- District:
- Middle
- Agency:
- County School Boards
- Suffix:
- RX
Counsels
-
Steven J. Bracci, Esquire
Steven J. Bracci, P.A.
9015 Strada Stell Court
Naples, FL 34109
(239) 596-2635 -
Matthew Joseph Carson, General Counsel
Department of Education
Room 1244
325 West Gaines Street
Tallahassee, FL 32399
(850) 245-0442 -
Jon D. Fishbane, Esquire
Collier County School Board
5775 Osceola Trail
Naples, FL 34109
(239) 377-0499 -
James D. Fox, Esquire
Roetzel and Andress
Suite 300
850 Park Shore Drive
Naples, FL 341033587
(239) 649-6200 -
Jeffrey D. Fridkin, Esquire
Grant Fridkin Pearson, P.A.
Suite 501
5551 Ridgewood Drive
Naples, FL 341082719
(941) 514-1000 -
Kevin William Pendley, Esquire
Grant Fridkin Pearson, P.A.
Suite 501
5551 Ridgewood Drive
Naples, FL 34103
(239) 514-1000 -
Matthew Joseph Carson, Esquire
Address of Record -
Jon D Fishbane, Esquire
Address of Record