FRANK MIGLIORE, ET AL., PETITIONERS,
v.
CITY OF LAUDERHILL, ETC., ET AL., RESPONDENTS
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Florida Supreme Court held that Complaint Review Boards under section 112.532(2) are not authorized to review police officer disciplinary actions, and officers must exhaust administrative remedies by appealing to the Civil Service Board.
Complaint Review Boards authorized by section 112.532(2), Florida Statutes, were not created to review disciplinary action against police officers, and petitioners failed to exhaust administrative remedies by not appealing to the Civil Service Board.
[1] Complaint Review Boards established under section 112.532(2), Florida Statutes, lack authority to review disciplinary actions against police officers.
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Join FLexlaw to unlock all legal intelligencePolice officers were dismissed by the City of Lauderhill and sought review before a Complaint Review Board rather than appealing to the Civil Service …
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OVERTON, Judge.
This case is before us on a petition to review the decision of the Fourth District Court of Appeal in Migliore v. City of Lauderhill, 415 So. 2d 62 (Fla. 4th DCA 1982), which directly conflicts with the decision of the First District Court of Appeal in West v. State, Department of Criminal Law Enforcement, 371 So. 2d 107 (Fla. 1st DCA 1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We agree with the decision of the district court in Migliore, adopt its opinion as our own, and disapprove the opinion in West. The district court in Migliore correctly held that Complaint Review Boards, authorized by section 112.532(2), Florida Statutes (1981), were not created to review disciplinary action against police officers and correctly concluded that petitioners failed to exhaust their administrative remedies by appealing their dismissal to the Civil Service Board, the administrative agency established for that purpose by the City of Lauderhill.
Accordingly, we approve the decision of the Fourth District Court of Appeal in Migliore and disapprove the decision of the First District Court of Appeal in West insofar as it conflicts with the views expressed in this opinion.
It is so ordered.
ALDERMAN, C.J., and BOYD, MCDONALD, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents.
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Kelly v. Gill, 544 So. 2d 1162 (Fla. 5th DCA 1989)…heriff is defined as a "law enforcement officer" even though section 112.531, et seq. is not available to the deputy sheriff. Compare the definitions of “law enforcement officer” in sections 112.19 and 112.1904. . In Migliore v. City of Lauderhill, 431 So. 2d 986 (Fla.1983), the Florida Supreme Court held that complaint review boards, as authorized by section 112.532(2), were not created to review disciplinary actions against police officers which arose from an internal source. While not necessary to decide…
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Agency FOR Health Care Admin. v. Mount Sinai Med. Ctr. OF Greater Miami, 690 So. 2d 689 (Fla. 1st DCA 1997)…beds with freestanding nursing homes seeking community nursing home beds. Mandamus will not lie to compel the performance of an act that is futile or impossible to perform. Migliore v. City of Lauderhill, 415 So. 2d 62 (Fla. 4th DCA 1982), approved, 431 So. 2d 986 (Fla. 1983). Rule 59C-1.008(2) requires that applications submitted in the same batching cycle for the same service or beds be comparatively reviewed. This court held in Tarpon Springs that hospital-based SNUs are not the same service or beds as com…
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City OF Miami v. Cosgrove, 516 So. 2d 1125 (Fla. 3d DCA 1987)…therein for violation of the duty is exclusive”) (footnote omitted). We thus think that the correct construction of Section 112.534 is that given it by our sister court in Migliore v. City of Lauderhill, 415 So. 2d 62 (Fla. 4th DCA 1982), approved, 431 So. 2d 986 (Fla.1983), where it was decided that the plaintiff/law enforcement officers were required to bring their claims for reinstatement to the appropriate administrative board and were not entitled to avail themselves of the in-junctive remedy of Section…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Migliore v. The City OF Lauderhill, 415 So. 2d 62 (Fla. 4th DCA 1982)
- West v. State, 371 So. 2d 107 (Fla. 1st DCA 1978)