Sarah Hernandez and Adriana Novoa v. Board of Governors of the State University System of Florida, Daniel Perez in His Official Capacity as Speaker of the Florida House of Representatives
CourtDistrict Court of Appeal of Florida
Date FiledJuly 8, 2026
Docket1D2025-2008
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2025-2008
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SARAH HERNANDEZ and ADRIANA
NOVOA,
Appellants,
v.
BOARD OF GOVERNORS OF THE
STATE UNIVERSITY SYSTEM OF
FLORIDA, DANIEL PEREZ in his
official capacity as Speaker of
the Florida House of
Representatives, BEN
ALBRITTON, in his official
capacity as President of the
Florida Senate, and STEVEN J.
WILLIS,
Appellees.
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On appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge.
July 8, 2026
PER CURIAM.
AFFIRMED. See Martinez v. Scanlan, 582 So. 2d 1167, 1170
(Fla. 1991) (citations omitted) (“[A]lthough a court may entertain
a declaratory action regarding a statute’s validity, there must be a
bona fide need for such a declaration based on present,
ascertainable facts or the court lacks jurisdiction to render
declaratory relief.”); DeSantis v. Florida Educ. Ass’n, 306 So. 3d
1202, 1213 (Fla. 1st DCA 2020) (quoting Equity Res., Inc. v. County
of Leon, 653 So. 2d 1112, 1117 (Fla. 1st DCA 1994)) (“To establish
standing to sue, a plaintiff must have a ‘legitimate or sufficient
interest at stake in the controversy that will be affected by the
outcome of the litigation.’”).
OSTERHAUS, C.J., and LEWIS and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Gary S. Edinger of Benjamin, Aaronson, Edinger, & Patanzo, P.A.,
Gainesville, for Appellants.
James Uthmeier, Attorney General, Anita J. Patel, Special
Counsel, Emily J. Witthoeft, Assistant Attorney General, and
Jeffrey Paul DeSousa, Acting Solicitor General, Tallahassee; Jason
J. Muehlhoff, Chief Deputy Solicitor General, and Christopher J.
Baum, Senior Deputy Solicitor General, Miami, for Appellee,
Board of Governors of the State University System of Florida.
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