Florida college students sue over campus fees charged during pandemic

A state appeals court must decide if the University of Florida owes students refunds for fees paid even though campus was shut down during the pandemic. Attorneys argue students across the state could be impacted.

"One of the things we pay for is the gym. I worked at the gym and it closed. We thought, ‘Oh we have these people’s money, but we're not going to get anything for it," said Anthony Rojas, University of Florida Graduate Student. 

A realization that didn't sit well with Rojas. So, he filed a class action lawsuit against the school. The lawsuit claims students are owed money because they were charged for things they couldn't use when the university shut down during the pandemic. 

For example, the "Transportation Access Fee" which is used to pay for the on-campus shuttle system and the "Health Service Fee" which helps pay for the campus health clinic. 

"Student activity fee can be rolled over year to year," said Adam Moscowitz, Moscowitz Firm, "How could it be any clearer that you have a transportation fee that can't be rolled over." 

Attorneys representing UF argued this summer that the whole case should be dismissed because they believe UF has what's called sovereign immunity. 

"When you're suing the sovereign and talking about the types of services it provides - the sovereign can't live up to that type of scrutiny. That's why it exists to prevent the public treasury from being raided with class action lawsuits as it's done here," said Robert Sniffen, Attorney Representing the University of Florida. 

The legal definition of sovereign immunity notes a government or public entity can't be sued without its consent. But, that doesn't mean it can't be sued at all. 

Attorneys representing students say the sovereign immunity argument isn't a factor because UF had a contract with students. 

"Don't pay every penny, can't enroll," said Moscowitz, "I don't think it takes a rocket degree to figure out that's an agreement."

The Moscowitz Firm filed suits against 11 schools across the state – and contend students at those schools are owed a combined 50 million dollars in fees they paid while studying remotely.

The schools include: Miami Dade College, University of South Florida, University of Central Florida, Florida Atlantic University, Polk State College, Santa Fe College, University of North Florida, Broward College, University of Florida, Florida International, and Florida A&M University.

Below is a breakdown from the Moscowitz Firm about where these cases stand: 

  • Miami-Dade College: School won, student who filed suit ordered to pay $300
  • University of Florida: On appeal
  • University of South Florida: On appeal
  • University of Central Florida: On appeal
  • Florida Atlantic University: On appeal
  • Polk State: On appeal
  • Santa Fe: On appeal
  • University of North Florida: Waiting on hearing
  • Broward College: Still in lower court
  • Florida International: On appeal
  • Florida A&M: On appeal

Attorneys representing UF students says there have been inconsistent rulings across the state, but hope judges rule in their favor in the University of Florida case. They believe it could shift momentum. 

"Persuasive to courts of appeal we're before right now. Case before third DCA may go to the Florida Supreme Court,"said Moscowitz. 

Students believe their request is reasonable. 

"Apparent to us that universities in other states understood the financial struggle students were going through and universities in Florida had a blind eye to that," said Rojas. 

The appeals court has weighed the U-F case since this summer and attorneys say a decision could come any day. 

View the suit below: 

ConsumerFOX 35 InvestigatesFloridaNews