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.

Fla. 1st DCA | 2026-07-08
No. 2025-2008
Osterhaus, C.J., Lewis, J., Bilbrey, J., Dempsey, J.
2026 FL 8413 Florida District Court of Appeal, First District (2026)

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Holding

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.


Headnotes

[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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Key Quotes

“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

Facts & Procedural History

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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Opinion of the Court

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.


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