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BURROWS v. THE COLLEGE OF CENTRAL FLORIDA, 5:14-cv-197-Oc-30PRL. (2014)

Court: District Court, M.D. Florida Number: infdco20141218b94
Filed: Dec. 17, 2014
Latest Update: Dec. 17, 2014
Summary: ORDER JAMES S. MOODY, Jr., District Judge. 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
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ORDER

JAMES S. MOODY, Jr., District Judge.

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.

Source:  Leagle

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