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Judge Rejects University Tuition Case But Leaves Door Open

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By ADAM EMERSON | The Tampa Tribune

Published: January 3, 2008

The plaintiffs fighting for the Board of Governors' right to set public university tuition in Florida have no standing to sue the Legislature unless they can show otherwise, a Leon County judge ruled today.

Former Gov. Bob Graham and a group of other influential Floridians sued the Legislature this past summer in an effort to wrest away its power to set tuition. The Board of Governors joined the lawsuit, contending it has the constitutional authority to set college costs and arguing that legislators have failed to properly bankroll higher education in the state.

The Legislature contended, however, that the status quo hasn't hurt the plaintiffs. Its members have always set public university tuition, which is among the lowest nationwide.

Leon Circuit Chief Judge Charles Francis agreed, and dismissed the suit. But he gave the plaintiffs, including the Board of Governors, a chance to show specifically how the current funding system has injured them.

Board Chairwoman Carolyn Roberts said in a written statement that she was disappointed with the judge's ruling, but added that she was "grateful that his ruling leaves the door open for the board to show that it does have a right to be heard on these issues. I am confident that the Board of Governors will satisfy the concerns."

Today's ruling caught the plaintiffs by surprise. "We thought it was a given we had standing," said Bill Edmonds, spokesman for the Board of Governors.

The lawmakers named as defendants in the suit are Senate President Ken Pruitt and House Speaker Marco Rubio.

Reporter Adam Emerson can be reached at (813) 259-8285 or aemerson@tampatrib.com.

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