Florida Third District Court of Appeal · 2015 · Evidence
159 So. 3d 200 (2015)
Updated
evidenceadministrative lawappellate jurisdictionfinal agency actionfinal orderchapter 120agency correspondencewritten final decision
Facts
Tejada-Guibert was a faculty member at Florida International University. FIU changed the terms of his teaching appointment. In response, Tejada-Guibert sought appellate review of a set of correspondence exchanged between FIU representatives and him. He argued that the correspondence amounted to final agency action under section 120.68 and Florida Rule of Appellate Procedure 9.030(b)(1)(C).
Issue
Whether correspondence between FIU representatives and Tejada-Guibert concerning changed terms of his teaching appointment constituted final agency action or a final order subject to appellate review.
Rule
Correspondence is not a reviewable final order unless it is a written final decision that results from a proceeding conducted pursuant to chapter 120 of the Florida Statutes. Finality of agency action is the principal jurisdictional prerequisite to judicial review as of right.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
Nadia Cortez teaches at Gulf Coast Regional College in Tampa. After the college reduced her course load, the dean sent Nadia two emails confirming the change and stating that the decision was 'final,' but no proceeding under chapter 120 had occurred.
If Nadia files an appeal in the district court claiming the emails are reviewable final agency action, what is the best result?
Explanation. Judicial review as of right requires final agency action. Under the majority opinion, correspondence does not become a final order merely because it announces a decision or uses final-sounding language. The writing must be a written final decision resulting from a proceeding conducted pursuant to chapter 120. Because no such proceeding occurred here, the appellate court lacks jurisdiction.