Florida Statutes

Fla. Stat. § 1001.72 (2025)

University boards of trustees; boards to constitute a corporation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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1001.72 University boards of trustees; boards to constitute a corporation.—

(1) Each board of trustees shall be a public body corporate by the name of “The (name of university) Board of Trustees,” with all the powers of a body corporate, including the power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law or equity, and to give and receive donations. In all suits against a board of trustees, service of process shall be made on the chair of the board of trustees or, in the absence of the chair, on the corporate secretary or designee.

(2) The corporation is constituted as a public instrumentality, and the exercise by the corporation of the power conferred by this section is considered to be the performance of an essential public function. The corporation is subject to chapter 119 and s. 24, Art. I of the State Constitution, subject to exceptions applicable to the corporation, and to the provisions of chapter 286; however, the corporation shall be entitled to provide notice of internal review committee meetings for competitive proposals or procurement to applicants by mail or facsimile rather than by means of publication. The corporation is not governed by chapter 607, but by the provisions of this part. The corporation shall maintain coverage under the State Risk Management Trust Fund as provided in chapter 284.

(3) Each board of trustees constitutes the contracting agent of the university.

History.—s. 84, ch. 2002-387; s. 78, ch. 2007-217; s. 12, ch. 2010-78.

Notes of Decisions

Cited in 11 cases (6 in the last 5 years), 2014–2025 · leading case: Florida Virtual Sch., etc. v. K12, Inc., 148 So. 3d 97 (Fla. 2014).

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Florida Virtual Sch., etc. v. K12, Inc., 148 So. 3d 97 (Fla. 2014). · cites it 2× “See § 1001.72(1), Fla. Stat. (2013) (titled “University boards of trustees; boards to constitute a corporation ” and providing that “[e]ach board of trustees shall be a public body corporate .”

Univ. of South Florida Bd. of Trs. v. Comentis, Inc., 861 F.3d 1234 (11th Cir. 2017). “While each state university board of trustees is “a public body corporate” that can enter into contracts, sue and be sued, implead and be impleaded, and therefore hold property and have judgments entered against them, Fla. Stat. § 1001.72 (1), (3), Florida ultimately pays such…”

Parfitt v. Florida Gulf Coast Univ. Bd. of Trs. (M.D. Fla. 2020). · cites it 2× “Fla. Stat. § 1001.72 (1). So any claim alleged against FGCU is dismissed without prejudice.”

Rivadeneira v. Univ. of South Florida (M.D. Fla. 2022). · cites it 2× “” Fla. Stat. § 1001.72 (1). As such, USFBOT is the proper defendant, not USF.”

Ardakani v. Florida Polytechnic Univ. (M.D. Fla. 2022). · cites it 2× “Section 1001.72(1), Florida Statutes, provides, in relevant part: Each board of trustees shall be a public body corporate by the name of “The (name of university) Board of Trustees,” with all the powers of a body corporate, including the power to adopt a corporate seal, to…”

Doe v. New Coll. of Florida (M.D. Fla. 2023). · cites it 2× “In pertinent part, Fla. Stat. § 1001.72 (1), provides that each state University’s Board of Trustees “shall be a public body corporate .”

Smith v. Florida Agric. & Mech. Univ. Bd. of Trs. (M.D. Fla. 2024). · cites it 2× “Plaintiff also asserts that the application of Space Coast to the university context “places a heightened standard on process servers that is neither articulated in Florida Statute § 1001.72(1) and case law nor feasible[.]” (Doc.”

ARSLAN v. Florida Int'l Univ. (S.D. Fla. 2025). · cites it 2× “FIU is Not a Proper Party At the outset, the Court finds that FIU is an improper defendant because FIU’s Board of Trustees is the only party amenable to suit under Section 1001.72(1), Florida Statutes. See Souto v.”

Anthony Rojas v. Univ. of Florida Bd. of Trs. (Fla. 2025). · cites it 2× “Section 1001.72(1), Florida Statutes (2019), provides that the board of trustees of each state university has the power “to contract and be contracted with, to sue and be sued.”

Florida Virtualschool v. K12, Inc., 773 F.3d 233 (11th Cir. 2014). “See § 1001.72(1), Fla. Stat. (2013) (titled “University boards of trustees; boards to constitute a corporation ” and providing that “[e]ach board of trustees shall be a public body corporate .”

Christina Paylan, M.D. v. Scott Teitelbaum (11th Cir. 2020). “Fla. Stat. § 1001.72 . Paylan has not refuted the district court’s conclusion that the Florida Recovery Center is a part of the University of Florida.”

— 1001.72(1) — 6 cases

Florida Virtual Sch., etc. v. K12, Inc., 148 So. 3d 97 (Fla. 2014). “See § 1001.72(1), Fla. Stat. (2013) (titled “University boards of trustees; boards to constitute a corporation ” and providing that “[e]ach board of trustees shall be a public body corporate .”

Ardakani v. Florida Polytechnic Univ. (M.D. Fla. 2022). “Section 1001.72(1), Florida Statutes, provides, in relevant part: Each board of trustees shall be a public body corporate by the name of “The (name of university) Board of Trustees,” with all the powers of a body corporate, including the power to adopt a corporate seal, to…”

Smith v. Florida Agric. & Mech. Univ. Bd. of Trs. (M.D. Fla. 2024). “Plaintiff also asserts that the application of Space Coast to the university context “places a heightened standard on process servers that is neither articulated in Florida Statute § 1001.72(1) and case law nor feasible[.]” (Doc.”

ARSLAN v. Florida Int'l Univ. (S.D. Fla. 2025). “FIU is Not a Proper Party At the outset, the Court finds that FIU is an improper defendant because FIU’s Board of Trustees is the only party amenable to suit under Section 1001.72(1), Florida Statutes. See Souto v.”

Anthony Rojas v. Univ. of Florida Bd. of Trs. (Fla. 2025). “Section 1001.72(1), Florida Statutes (2019), provides that the board of trustees of each state university has the power “to contract and be contracted with, to sue and be sued.”

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