DESANTIS v. FLORIDA EDUC. ASSOCIATION

Nos. 1D20-2470, 1D20-2472.

306 So.3d 1202 (2020)

Ron DESANTIS, in his official capacity as Governor of the State of Florida; Richard Corcoran, in his official capacity as Commissioner of Education; Florida Department of Education; and State Board of Education, Appellants, v. FLORIDA EDUCATION ASSOCIATION; Stefanie Beth Miller; Ladara Royal; Mindy Festge; Victoria Dublino-Henjes; Andres Henjes; National Association for the Advancement of Colored People, Inc.; and NAACP Florida State Conference, Appellees. Ron DeSantis, Governor of Florida, in his official capacity as Governor of the State of Florida; Andy Tuck, in his official capacity as the chair of the State Board of Education; State Board of Education; Richard Corcoran, in his official capacity as Commissioner of Education; Florida Department of Education; and Jacob Oliva, in his official capacity as Chancellor, Division of Public Schools, Appellants, v. Monique Bellefleur, individually and on behalf of D.B. Jr., M.B., and D.B.; Kathryn Hammond; Ashley Monroe, and James Lis, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 30, 2020.


Attorney(s) appearing for the Case

David M. Wells , Kenneth B. Bell , Lauren V. Purdy , and Nathan W. Hill of Gunster, Yoakley & Stewart, P.A., Tallahassee, for Appellants Governor Ron DeSantis; Commissioner Richard Corcoran; Andy Tuck as Chair of the State Board of Education; the State Board of Education; the Florida Department of Education; Jacob Oliva as Chancellor, Division of Public Schools.

Joseph W. Jacquot , General Counsel; Raymond F. Treadwell , Deputy General Counsel; and Joshua E. Pratt , Assistant General Counsel, Executive Office of the Governor, Tallahassee, for Appellant Governor Ron DeSantis.

Matthew H. Mears , General Counsel; Judy Bone , Deputy General Counsel; and Jamie M. Braun , Assistant General Counsel, Department of Education, Tallahassee, for Appellants Commissioner Richard Corcoran; Andy Tuck as Chair of the State Board of Education; the State Board of Education; the Florida Department of Education; and Jacob Oliva as Chancellor, Division of Public Schools.

Katherine E. Giddings and Kristen M. Fiore of Akerman LLP, Tallahassee; Gerald B. Cope, Jr. of Akerman LLP, Miami; and Ryan D. O'Connor of Akerman LLP, Orlando, for Appellees Florida Education Association; Stefanie Beth Miller; Ladara Royal; Mindy Festge; Victoria Dublino-Henjes; Andres Henjes; National Association for the Advancement of Colored People, Inc.; and NAACP Florida State Conference.

Jacob V. Stuart of Jacob V. Stuart, P.A., Orlando; and William J. Wieland of Wieland & Delattre, P.A., Orlando, for Appellees Monique Bellefleur, Kathryn Hammond, Ashely Monroe, & James Lis.

Raquel A. Rodriguez of Buchanan Ingersoll & Rooney PC, Miami; and Jarrett B. Davis of Buchanan Ingersoll & Rooney PC, Tampa, for Foundation for Excellence in Education, amicus curiae in support of Appellants.

William E. Ploss , Coral Gables, for Florida Alliance of Retired Americans, amicus curiae in support of Appellees Florida.

Education Association; Stefanie Beth Miller; Ladara Royal; Mindy Festge; Victoria Dublino-Henjes; and Andres Henjes.


In March 2020, state and local governments across Florida issued emergency orders that restricted the movement of Floridians, shuttered businesses, and closed public schools. The lockdown orders followed guidelines provided by President Donald J. Trump and the Centers for Disease Control and Prevention (CDC) announcing a fifteen-day strategy...

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