Burrows v. The College of Central Florida

Filing 28

ORDER certifying Plaintiff's challenge to the constitutionality of section 741.212, Fla. Stat., and Article I, Section 27 of the Florida Constitution, to the Attorney General of the State of Florida. The Clerk is directed to mail a copy of this Order, along with copies of Plaintiff's complaint (Doc. 2), Plaintiff's response to Defendant's motion to dismiss (Doc. 11), and this Court's order on Defendant's motion to dismiss (Doc. 27), to the Attorney General of the State of Florida. Signed by Judge James S. Moody, Jr on 12/17/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

BARBARA BURROWS,
Plaintiff,
v.

Case No: 5:14-cv-197-Oc-30PRL

THE COLLEGE OF CENTRAL
FLORIDA,
Defendant.
________________________________/

ORDER
Before the Court is the following pleading: Plaintiff’s Notice of Constitutional
Question (Doc. 12). By her response to Defendant’s motion to dismiss (Doc. 11), Plaintiff
challenges the constitutionality of § 741.212, Florida Statutes, and Article I, Section 27 of
the Florida Constitution, alleging that this statute and provision of the Florida Constitution
violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the
United States Constitution.
Because neither the State of Florida nor any of its agencies, officers, or employees
are parties to this action, the Court, in accordance with 28 U.S.C. § 2403(b), hereby certifies
to The Honorable Pamela Bondi, Attorney General of the State of Florida, that the
constitutionality of a statute of the State of Florida and a provision of the Florida
Constitution is drawn into question in this case. The Attorney General is advised that the
State of Florida will be permitted to intervene in this proceeding for presentation of

evidence, if evidence is otherwise admissible, and for argument on the question of the
constitutionality of § 741.212, Fla. Stat., and Article I, Section 27 of the Florida
Constitution. The Attorney General shall notify this Court by January 30, 2015, in a
pleading filed with the Clerk as to whether the State of Florida will intervene in this case
and participate in all future proceedings.
The Clerk is directed to send a copy of this Order, along with copies of Plaintiff’s
complaint (Doc. 2 ), Plaintiff’s response to Defendant’s motion to dismiss (Doc. 11), and
this Court’s order on Defendant’s motion to dismiss (Doc. 27), to the Attorney General of
the State of Florida.
DONE AND ORDERED at Tampa, Florida on this 17th day of December, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\OCALA\Burrows v. College of Central Florida.Cert. Const. Quest..docx

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