Florida’s highest court rules UCF has immunity

Author: Associated Press
Published: Updated:

ORLANDO, Fla. (AP) – A private corporation that runs the University of Central Florida’s athletic program won’t have to pay $10 million to the family of a football player who died during practice, the Florida Supreme Court ruled Thursday.

The court ruled the University of Central Florida Athletic Association is entitled to the same sovereign immunity that protects state agencies from paying more than $200,000 in damages, saying the association doesn’t operate autonomously from the public university.

The decision has big implications for dozens of private corporations in Florida that run many functions of the state’s public universities. The corporations, also known as direct support organizations, oversee everything from athletic programs to dorm construction to salaries.

The association is “primarily acting as an instrumentality of the state and is thus entitled to limited sovereign immunity,” the justices said.

Football player Ereck Plancher collapsed and died during a 2008 practice. His family sued the association, claiming negligence. A trial court awarded the family $10 million.

An appellate court, however, ruled that the association was entitled to sovereign immunity.

The Supreme Court voted 6-0 with one recusal to uphold the lower court ruling. The high court said Plancher’s family could seek more than the $200,000 limit through the Florida Legislature.

“We support the ruling and appreciate the careful consideration justices gave to this important statewide issue,” said Grant Heston, a school spokesman.

Under state law, the university corporations don’t have to make public the same records their parent universities must provide, though the corporations perform tasks once done by school employees and act on the universities’ behalf.

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