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RECENT RELEASES - FLORIDA SUPREME COURT

CONSTITUTIONAL LAW--CONTRACTS--IMPAIRMENT--UNIVERSITIES--DIRECT SUPPORT ORGANIZATIONS. The Court held that post-contract amendments to section 1004.28(3) and Florida Board of Governors Regulation 9.011(4) did not unconstitutionally impair a university's contract with a DSO which had given the DSO the power to appoint all but two of its board members, and granted the DSO sole discretion to make distributions. In so holding, the Court found that the subject contract concerned the power to appoint board members whereas section 1004.28(3) concerned the separate and distinct power to approve them. Similarly, the Court found that the university's power to approve the DSO's budget, as provided for in BOG Regulation 9.011(4), was distinct from the DSO's discretion to distribute funds.
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