Backers of giving the Florida Board of Governors more power to raise tuition and fees faced tough questioning Thursday from the state Supreme Court.
Former Governor and U.S. Senator Bob Graham led the group of plaintiffs. Their lawyer argued that the 2002 constitutional amendment creating the board gave it – not the Legislature - the power to set tuition and fees at public colleges and universities.
Some of the justices seemed skeptical, noting that the Constitution gives the power to raise and allocate funds to the Legislature. Justice Barbara Pariente said it wasn't up to the court.
"The power to set tuition and fees and collect those and decide how they’re expended, the judicial branch, which is a co-equal branch of government, has no control over that”, said Pariente. “That is legislative."
The Legislature has granted the board more power in recent years, allowing increases of up to 15%, but with a limit on how that money can be used.