State Supreme Court Says Sovereign Immunity Does Not Apply in Breach of Contract Case Against UF

Sovereign immunity is a centuries-old legal concept that protects governments from a wide range of lawsuits. However, the State of Florida does consent to he held accountable in certain types of cases, such as breach of contract claims when a state university is accused of violating an express agreement. However, whether a specific contract qualifies as an express agreement can be a point of legal dispute. 

In Rojas v. University of Florida, the state’s Supreme Court evaluated whether a graduate student at the school could obtain reimbursement for campus fees paid while the campus was closed during the COVID-19 pandemic. According to a statement, these funds were supposed to be directed toward student activities, campus transportation and health services. When UF tried to dismiss this action based on sovereign immunity grounds, the trial court rejected the school’s motion. Subsequently, the First District reversed, saying that the language discussing the fee was not specific enough to constitute an express agreement. 

The Supreme Court of Florida held that the First District’s approach was too narrow, and said that plaintiff’s breach of contract action could not be blocked by sovereign immunity. This is based on a statute giving state universities contracting power and authorizing lawsuits against them. 

Though schools are allowed to redirect a certain portion of revenue generated through student fees, the justices ruled that UF exceeded the statutory limits in the case of Rojas and others similarly situated to him. While the First District found that Rojas could not enforce his claim because UF’s promise to use the fee to cover a range of services was an implied covenant, the state Supreme Court found this rationale too restrictive. 

According to the Supreme Court, implied promises, such as obligations tied to the provision of educational services, procedural protections or reasonable expectations created by university policies may be actionable even when not expressly stated in the written agreement. This, the justices reasoned, is in line with general contract law principles. 

Bringing a breach of contract claim, or any legal action, against a state entity presents certain complications. H. Clay Parker, Esq. The Florida Lawyer has extensive experience successfully handling complex cases, including matters involving government parties. To set up a consultation, please call [ln::phone] or contact us online. Our office is in Orlando.