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University Tuition Suit Stalls

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By ADAM EMERSON, The Tampa Tribune

Published: January 4, 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 Thursday.

Former Gov. Bob Graham and a group of other influential Floridians sued the Legislature last summer in an effort to wrest away its power to set tuition. The Board of Governors joined the suit, claiming 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 month to show specifically how the current system keeps the board from performing its constitutional duties.

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."

Thursday'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.

Through a spokeswoman, Pruitt said, "Today's ruling is a victory for students and their families. However, this is just the first skirmish in a long battle."

Rubio added: "We're pleased with the court's ruling and we look forward to working constructively with the Board of Governors to improve Florida's university system."

Relations between the board and the Legislature have frayed for years over the power to set tuition. But tension heightened last summer when the board decided to join the lawsuit and defy lawmakers by raising tuition by 5 percent for this spring.

Lawmakers went ahead and increased tuition by 5 percent for this spring anyway, but the board refused to recognize their authority to do so.

The Board of Governors and the other plaintiffs in the lawsuit, who include former Florida State University President Talbot "Sandy" D'Alemberte, claim that it is unconstitutional for lawmakers to set tuition for Florida's undergraduates. The suit argues that the Legislature's power undermines the authority that state residents gave the Board of Governors when they created the body in 2002.

Graham, who could not be reached for comment Thursday, was instrumental in pushing for the board after then-Gov. Jeb Bush and the Legislature overhauled the state's university system.

Before the board joined his lawsuit in July, Graham argued that its members had failed to assert their own constitutional powers.

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

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