Bob Graham v. Mike Haridopolos

Summary

The Court held that the Legislature retained constitutional authority to set tuition and fees and appropriate their expenditure because that authority derives from its power to raise revenue and appropriate state funds. The 2002 amendment creating the Board of Governors granted the Board executive and administrative responsibility for managing the university system but did not transfer the Legislature's appropriations power. The Court therefore approved the decision upholding the challenged statutes as facially constitutional. Judge Labarga, concurring, emphasized that the decision leaves open as-applied challenges and limits on appropriations contingencies that impair the Board's management authority.