SC11-2453 – Bob Graham, et al v. Mike Haridopolos, etc., et al.

State: Florida

Docket No: SC11-2453

Case Date: 01/31/2013

Preview:Supreme Court of Florida
____________ No. SC11-2453 ____________ BOB GRAHAM, et al., Petitioners, vs. MIKE HARIDOPOLOS, etc., et al., Respondents. [January 31, 2013] PARIENTE, J. The issue presented to the Court in this case is one of constitutional construction: whether the Legislature or the constitutionally created Board of Governors has the power to control the setting of and appropriating for the expenditure of tuition and fees for the Florida university system under article IX, section 7(d), of the Florida Constitution. In 2007, the Legislature passed several statutes and included a provision in the 2007-2008 General Appropriations Act that exerted control over the setting of and appropriating for the expenditure of tuition

and fees. 1 The Petitioners challenge these statutes as unconstitutional, contending that the 2002 constitutional amendment creating the Board of Governors transferred the authority over tuition and fees to the Board, divesting the Legislature of any power over these funds. Although the question in this case is whether the challenged statutes are constitutional, the answer hinges on our interpretation of the Florida Constitution. Specifically, we address whether the 2002 amendment to the Florida Constitution creating the Board of Governors and transferring to the Board the power to "operate, regulate, control, and be fully responsible for the management of the whole university system," art. IX,

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