Tania Almagro, et al. v. School Board of Miami-Dade County

Summary

The Third District Court of Appeal affirmed summary judgment for the School Board of Miami-Dade County in an action by twenty-seven teachers seeking damages and mandamus relief concerning a grandfathered salary schedule allegedly required by section 1012.22(1)(c)4., Florida Statutes. The court held that the statute creates neither an express nor an implied private right of action. In a special concurrence, Judge Gooden also addressed sovereign immunity and questioned the judicially created contractual waiver recognized in Pan-Am Tobacco Corp. v. Department of Corrections.

Holdings

1. Section 1012.22 does not expressly authorize teachers to bring a private lawsuit to enforce the statute.
2. Section 1012.22 does not create an implied private right of action for teachers seeking relief concerning annual compensation.

Questions Presented

1. Whether section 1012.22, Florida Statutes, expressly or impliedly creates a private right of action allowing teachers to sue a school board for allegedly violating the statute.
2. Whether the trial court properly entered summary judgment for the School Board based on the teachers' lack of standing.

Disposition

affirmed