Graham v. Haridopolos

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 for the Florida university system. Petitioners challenged 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, thus divesting the Legislature of any power over these funds. The trial court granted summary judgment in favor of the Legislature, and the court of appeal affirmed. The Supreme Court affirmed, holding that the challenged statutes by which the Legislature exercised control over the funds was facially constitutional, as (1) the constitutional source of the Legislature's control over the setting of and appropriating for the expenditure of tuition and fees derives from its power under Fla. Const. art. VII, 1(c) and (d) to raise revenue and appropriate for the expenditure of state funds; and (2) the language of the 2002 amendment is devoid of any indication of an intent to transfer this power to the Board. View "Graham v. Haridopolos" on Justia Law