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Lawsuit Challenging Florida Legislature’s Tuition Authority Moves Forward

TALLAHASSEE, Fla. – A group including former Gov. and ex-U.S. Sen. Bob Graham will continue a lawsuit challenging the Legislature’s authority to set tuition at state universities, although one of its partners has withdrawn.

The Board of Governors, which oversees the 11 universities, had joined the group’s lawsuit three years ago but last month reached a settlement with the Legislature to share authority over tuition and some other governance matters with lawmakers.

The suit, filed in Tallahassee, seeks a Circuit Court order declaring the board has sole authority over those functions including tuition. It is likely to work its way up to the Florida Supreme Court regardless of how the Circuit Court rules.

“It’s still on as far as we’re concerned,” said the group’s lawyer, Robin Gibson.

A trial is set for July, but Gibson and the Legislature last week each filed motions for summary judgment.

Meanwhile, the House on Friday unanimously passed a bill (HB 7237) making changes in state law needed to carry out the Legislature’s end of its bargain with the board that lets lawmakers keep their leading role in setting tuition. The Senate is expected vote on the measure before the legislative session ends Friday.

Graham helped lead a citizen initiative that amended the Florida Constitution to create the board in 2002. The intent was to curtail political interference with the universities.

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