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Law360 (May 4, 2020, 7:59 PM EDT ) The governing body for Florida's state university system was hit with a proposed class action Monday in state court seeking a prorated refund of fees paid for campus services students did not receive when the system's dozen institutions shifted to remote learning because of the COVID-19 pandemic.
University of Florida graduate student Anthony Rojas said the Florida board of governors did the right thing by encouraging students to leave campus and transitioning to online classes, but claimed it was unfair and unlawful to retain fees for benefits the students did not receive.
"We certainly think that all schools and companies are trying to deal with these ever-evolving emergency situations to the best of their availability, but we are sure that the Florida school system will evaluate this issue and agree with other school systems, that these specific on-campus charges should not be issued by their students that have been hit hardest by this terrible epidemic," Rojas' counsel Adam M. Moskowitz of The Moskowitz Law Firm in Miami said in a statement. "We still believe that online course charges and all tuition requirements should still be enforced and earned degrees be awarded as planned, so these students can proceed with their lives."
The complaint makes clear that Rojas' claims are intended to cover only fees paid for on-campus services and not fees or costs for tuition or room and board, noting that students have been able to complete their coursework online and obtain academic credits and that the universities have offered "appropriate refunds" in regard to housing costs.
It also says none of the funds being sought for disgorgement came from tax money paid to the public universities.
Examples of the kinds of funds being targeted are a capital improvement trust fund fee, financial aid fee, activities and services fee, athletic fee and transportation fee the University of Florida imposed on Rojas, among others.
Through a series of orders in March, the board of governors and Republican Gov. Ron DeSantis directed all state universities to shift to online classes for the remainder of the spring 2020 semester, strongly encouraged students in on-campus housing to leave and closed campus fitness and recreation centers. The complaint says it is believed that many students chose to leave campus to avoid the coronavirus outbreak and be closer to family and that services the disputed fees were intended to cover were no longer available to them.
The suit affects Florida A&M University, Florida Atlantic University, Florida Gulf Coast University, Florida International University, Florida Polytechnic University, Florida State University, New College of Florida, University of Central Florida, University of Florida, University of North Florida, University of South Florida and University of West Florida.
Rojas is seeking to represent a class consisting of "all Florida residents who paid fees for or on behalf of themselves or other students enrolled in classes at any campus in the state university system of Florida for the spring 2020 semester, including students and/or their families or guardians who paid fees."
He says he believes that description covers at least 341,000 potential class members.
The complaint, which was filed in circuit court in Tallahassee, where the state university system is based, says Florida has waived its sovereign immunity for breach of contract suits in its own courts.
Moskowitz told Law360 that while the suit only covers students who are Florida residents, they make up the vast majority of students in the state university system and the hope is that any resolution would include all students.
The suit includes claims for breach of contract, unjust enrichment and conversion.
"Even if [the board of governors has] a legal right to cancel the fee contracts and no longer provide the services for which the fees paid, it does not have the right to retain the monies that students and/or families paid for those services. The inequity is further highlighted by the fact that [the board] will be receiving hundreds of millions of dollars in aid to help cover the costs associated with the COVID-19 disruption," the complaint says.
The complaint cites reports that say Florida is expected to receive more than $791 million of $14 billion in federal economic stimulus funds that have been designated for institutions of higher learning, with $31 million going just to the University of Florida.
Moskowitz also noted that some other states, including Georgia, already have agreed to reimburse similar fees.
A representative for the state university system did not immediately respond to a request for comment late Monday.
Rojas is represented by Adam M. Moskowitz of The Moskowitz Law Firm and Matthew S. Miller of Matthew S. Miller LLC.
Counsel information for the board of governors was not immediately available Monday.
The case is Rojas v. Florida Board of Governors Foundation Inc., case number 2020 CA 000846, in the Circuit Court for the Second Judicial Circuit of Florida.
--Editing by Stephen Berg.
Updated: This story has been updated to include additional comment from Moskowitz on the scope of the lawsuit.
For a reprint of this article, please contact reprints@law360.com.
