B.M., a Minor v. Miami-Dade County School Board
CourtDistrict Court of Appeal of Florida
Date FiledOctober 1, 2026
Docket3D2025-1465
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 1, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1465
Lower Tribunal Nos. 25-0848EXP & MDCPS-25-007
________________
B.M., a Minor,
Appellant,
vs.
Miami-Dade County School Board,
Appellee.
An Appeal from the School Board of Miami-Dade County, Florida.
B.M., a Minor, in proper person.
Walter J. Harvey and Karla M. Cejas, for appellee.
Before SCALES, C.J., and LOGUE and GORDO, JJ.
PER CURIAM.
Affirmed. See § 1006.13(2), Fla. Stat. (2024) (requiring each district
school board to adopt a zero-tolerance policy for acts that pose a threat to
school safety); Colonnade Med. Ctr., Inc. v. State, Agency for Health Care
Admin., 847 So. 2d 540, 542 (Fla. 4th DCA 2003) (concluding the appellant’s
exceptions to an administrative law judge’s recommended order were
properly stricken because the exceptions were not timely filed); Kantor v.
Sch. Bd. of Monroe Cnty., 648 So. 2d 1266, 1267 (Fla. 3d DCA 1995)
(“Appellant argues that certain of the factual findings are not supported by
substantial competent evidence. In this case a hearing officer from the
Division of Administrative Hearings prepared a recommended order. The
parties were advised of their right to file exceptions to the recommended
order and the deadline for doing so. . . . We conclude that appellant ‘cannot
argue on appeal matters which were not properly excepted to or challenged
before the [agency] and thus were not preserved for appellate review.’”)
(quoting Couch v. Comm’n on Ethics, 617 So.2d 1119, 1124 (Fla. 5th DCA
1993))).
2