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<\/figure><\/div>\n\n\n\nA student from Lakeland serves as lead plaintiff in a class-action suit alleging the college collected student fees last year but provided no services as campuses were largely closed amid COVID-19 safety protocols. Though Shantrell Fisher is the only student named in the suit, the challenge seeks to recover fees paid by all Polk State students in the academic semesters of 2020.<\/p>\n\n\n\n
The Florida Legislature passed a measure (HB 1261) in this year\u2019s session intended to protect public colleges and universities from class-action lawsuits seeking refunds based on closures during the pandemic. Gov. Ron DeSantis signed the bill into law in June.<\/p>\n\n\n\n
But John Yanchunis, the lawyer who filed the suit against Polk State College in the 10th Judicial Circuit Court, said he doesn\u2019t think the law is constitutional. Yanchunis, who leads the class-action department of Morgan & Morgan, cited two main factors.<\/p>\n\n\n\n
State statute gives the Florida Supreme Court, not the Legislature, the authority to set rules for civil procedures. In addition, Yanchunis said, the U.S. Constitution prohibits the adoption of laws that apply retroactively, either criminalizing or protecting actions after the fact.<\/p>\n\n\n\n
\u201cSo if this law were to be enforced, then every student would have to file individual lawsuits,\u201d Yanchunis said. \u201cSo think about that. Florida judges are already overworked with the volume of cases in front of them. So rather than alleviate the burden on the judiciary, this would just multiply the burden.\u201d<\/p>\n\n\n\n
The lawsuit does not seek to recover money paid for tuition. It instead focuses on student fees collected to cover services that Yanchunis said Polk State didn\u2019t offer while access to its campuses in Winter Haven and Lakeland was limited.<\/p>\n\n\n\n
The suit mentions fees collected for student activities, technology and student services. The amounts for each student are relatively small, totaling $13.42 in Fisher\u2019s case. (Students in bachelor\u2019s programs pay slightly higher rates.)<\/p>\n\n\n\n
But the class-action suit seeks to reclaim those fees for all students enrolled at Polk State last year. The suit, seeking more than $100,000 in damages, states that the eligible plaintiff class is presumed to be at least 20,000.<\/p>\n\n\n\n
That would equate to more than $268,000 in collective fees paid.<\/p>\n\n\n\n
\u201cI never want to minimize how a dollar affects anyone, and, again, to emphasize that students are on limited budgets, sometimes have limited or no income,\u201d Yanchunis said. \u201cAny dollar is precious to them, and the fact that we are dealing with relatively small but otherwise important dollars \u2014 again, a class-action device allows the efficiency of advocating the judgment, the claims of everybody who is similarly affected.\u201d<\/p>\n\n\n\n
Polk State spokeswoman Madison Fantozzi said the college would not comment on an active lawsuit. Fisher could not be reached.<\/p>\n\n\n\n
Polk State is not the only public institution facing a lawsuit over student fees. Morgan & Morgan has filed similar suits against at least eight colleges and universities, including Florida A&M, Florida State University, and the University of South Florida, and other firms have also filed suits.<\/p>\n\n\n\n
Yanchunis said a judge ruled in favor of the plaintiffs in a suit against Miami Dade College. The college has appealed the ruling.<\/p>\n\n\n\n
The complaint says the suit is one of many filed across the country demanding refunds of fees paid for resources and services that were not available to students during campus closures. The complaint says that colleges and universities made millions of dollars in revenue from fees students paid for on-campus services.<\/p>\n\n\n\n
The lawsuit alleges breach of contract and \u201cunjust enrichment\u201d on the part of Polk State.<\/p>\n\n\n\n
The suit does not question the need for closing campuses or largely switching to remote learning during the pandemic and even praises college leaders for taking those actions.<\/p>\n\n\n\n
\u201cSo the justification for going virtual is certainly understandable and is one that we accept,\u201d Yanchunis said. \u201cIt\u2019s the collection of money beyond providing a benefit when no benefit was provided, that we seek to address. And this is a matter of contract.\u201d<\/p>\n\n\n\n
The complaint mentions on-campus computer access as one of the usual services Fisher and other students lost during the campus closures while still being charged technology fees.<\/p>\n\n\n\n
Yanchunis said the practice of filing class-action suits derives from common law and predates established statutes. Without that option, plaintiffs seeking refunds for relatively small amounts would have to sue individually, spending more on lawyers and court fees than they could hope to recover.<\/p>\n\n\n\n
The suit addresses the concept of sovereign immunity, which protects public entities from some legal actions. The complaint cites court rulings in Florida concluding that state universities do not have immunity from claims based on \u201cexpress contracts,\u201d or the promise of services to be provided in exchange for student fees.<\/p>\n\n\n\n
\u00a0\u201cThe law does not protect the government from the repercussions of entering into a contract and then not performing it,\u201d Yanchunis said. \u201cIt is a fundamental concept of fairness, the expectation that if something is paid for it will be delivered. It was not here.\u201d<\/p>\n\n\n\n
Yanchunis filed the lawsuit in March, and the case was assigned to Judge William Sites. The case is now in the discovery phase, the pre-trial process in which each party may seek evidence from the other side.<\/p>\n\n\n\n
The lead lawyer for Polk State, Robert Sniffen of Tallahassee, filed a motion in May to have the suit dismissed. In the filing, Sniffen asserted the sovereign immunity defense and said that no contract existed between Fisher and the college.<\/p>\n\n\n\n
Sniffen also argued that the concept of \u201cvoluntary payment doctrine\u201d invalidated Fisher\u2019s claims. His filing said that student fees are mandated by state law and are not paid on a \u201cfee for service\u201d basis.<\/p>\n\n\n\n
\u201cThat plaintiff is trying to take advantage of the tragic circumstances caused by COVID-19 in the face of the heroic efforts by College officials to minimize the disruption to students is shameful,\u201d Sniffen wrote.<\/p>\n\n\n\n
In the most recent action, the plaintiffs filed opposition last month to Polk State\u2019s motion for an extension of time to respond to discovery requests. No trial date has been set.<\/p>\n","protected":false},"excerpt":{"rendered":"
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