Appearing for the amici curiae supporting the school, Myles S. Lynch of the Florida Office of the Attorney General said sovereign immunity can “only be waived by the Legislature through general law.”
“As the party claiming the state waived its sovereign immunity, Rojas had the burden of identifying such a law in his complaint,” Lynch said. “He did not attempt to meet that burden. He misinterprets this court’s precedence as saying a state official waives sovereign immunity by entering into a contract. The state official entering into the contract does not and cannot waive a state’s sovereign immunity themselves.”
Justice John D. Couriel asked Lynch, “How is it in the interest of the state of Florida for the attorney general to be taking the position that the universities of the state should be judgment-proof with respect to the fees that they charge?”
“How can the state do business if that’s the rule?” Justice Couriel added.
Lynch said that the Florida Legislature never intended for contract actions like Rojas’ “to be on the table.”
