State, Department of Health & Rehabilitative Services v. State
State, Department of Health & Rehabilitative Services v. State
Opinion of the Court
The Department of Health and Rehabilitative Services (HRS) seeks review of an order granting summary judgment and directing HRS to provide appellees with “back contact pay.” We find that the court erred in granting summary judgment and we reverse the order appealed.
In January 1982 correctional officers at the Florida State Hospital were reclassified to the position of institutional security specialists; such reclassification effected a loss of certain benefits including what is denominated as contact pay.
Appellees are institutional security specialists who commenced their employment at the hospital subsequent to the January 1982 job reclassification. In accordance with their status as security specialists, HRS is not providing these individuals with contact pay. Contending that they are embraced within the terms of the prior stipulated order, appellees filed a circuit court action for the enforcement of such order and the attendant provision of contact pay; the action was alternatively predicated upon an equal protection/due process claim pursuant to 42 U.S.C. § 1983. HRS moved to dismiss, asserting that ap-pellees lack standing and had failed to join an indispensable party by declining to name the Department of Administration as a party defendant. The court denied the motion to dismiss and entered an order granting summary judgment upon a finding that appellees “were members of the class in the initial administrative proceeding,” and that the denial of contact pay “would violate ... rights to equal protection of the law.” The court accordingly ordered HRS to provide appellees with back contact pay, and to continue such pay “in a manner consistent with all other Institutional Security Specialists covered by the initial administrative order .... ”
Section 120.69(l)(b), Florida Statutes, establishes that a petition for enforcement of agency action may be filed by a “substantially interested” person. However, any consideration of appellees’ interest is dependent upon a determination as to whether they are embraced within the class ad
In granting summary judgment the court also addressed appellees’ 42 U.S.C. § 1983 equal protection claim.
The order appealed is reversed and the cause remanded.
. Contact pay is described as a supplemental payment for special risks which are necessarily incurred upon substantial contact with dangerous patients.
. In addressing appellees’ 42 U.S.C. § 1983 claim the court found that the denial of contact pay “would violate ... rights to equal protection of the law." Appellees have not alleged that they are members of any suspect class, and equal protection thus merely requires that the state action be premised on distinctions founded upon a rational basis. See Antonio School District v. Rodriguez, 411 U.S. 1, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973). HRS asserted below that appellees were deprived of no preexisting right since they accepted their positions subsequent to reclassification and the corresponding termination of contact pay. To the extent that other institutional security specialists may have commenced employment as correctional officers with entitlement to contact pay prior to reclassification, it would appear that HRS has alleged an arguably rational basis for distinction so as to preclude summary judgment for appellees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.