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, ET AL.
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Appellants lack standing to seek declaratory relief regarding a statute's validity because they failed to demonstrate a bona fide need based on present, ascertainable facts.
[1] To establish standing to bring a declaratory judgment action challenging a statute's validity, a plaintiff must demonstrate a bona fide need based on present, ascertainab…
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Join FLexlaw to unlock all legal intelligence“although 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.”
Court's statement of the legal standard for declaratory relief jurisdiction
Sarah Hernandez and Adriana Novoa sought declaratory relief regarding the validity of a statute, naming the Board of Governors of the State University…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2025-2008
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.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991)
- Amaya v. State, 653 So. 2d 1112 (Fla. 3d DCA 1995)