Miami Herald Newspaper Mar. 11, 2004 Graham resists college plan Sen. Bob Graham says he may sue to block the Legislature's plan to build a chiropractic college without getting the approval of Florida's higher-education board. BY MARC CAPUTO mcaputo@herald.com TALLAHASSEE - U.S. Sen. Bob Graham, the father of a constitutional amendment changing the way higher education is run in Florida, says he may sue over the Legislature's plan to create a $9 million chiropractic college at Florida State University. Graham said the creation of the college would violate a constitutional provision, approved by voters in 2002, that prohibits the Legislature from micromanaging higher education. Such decisions are supposed to be made by the Florida Board of Governors. The creation of the college -- which was once resisted by FSU -- is part of a $30 million package designed to pay for pet projects of Republican legislative leaders, and thereby keep the political peace in an election year when Gov. Jeb Bush's brother seeks reelection to the White House. Graham, a possible Democratic vice-presidential nominee, has long been a thorn in the side of the Bushes. He campaigned against the president last year, and in 2002 he pushed the higher-education amendment after Gov. Bush abolished the Board of Governors' predecessor when it resisted the pet projects of powerful Republicans. `FINAL INTERPRETERS' Graham suggested he might sue, noting that ''the courts are the final interpreters'' of the state Constitution. The chiropractic-school bill rocketed through the Legislature and headed to Bush's desk Friday. ''This is a classic case of why 62 percent of Florida voters approved this constitutional amendment to keep the Legislature from making political decisions about education, like who needs a medical program, and what kind and where,'' Graham said. ``Ultimately, I would hope the governor would do the right thing and veto this legislation and allow this to go through the proper channels. I can't believe they would ignore the will of the people and the Constitution.'' APPROVAL LIKELY Bush will likely sign the bill, having suggested spending money on the special projects of House Speaker Johnnie Byrd and Senate President Jim King. However, he doesn't completely disagree with Graham's contention that the Board of Governors should make the decision to create the college. ''In a perfect world, yes,'' Bush said Wednesday. ``But last time I check, we don't live in a perfect world. I'm bending a little bit in order to accommodate President King and Speaker Byrd so we can move on to these other issues that a lot of people care about.'' Last year, head-butting between King and Byrd delayed the passage of the budget and embarrassed some Republicans, who don't want to see a repeat in an election year in the nation's most important swing state. The Senate wasted little time changing the tone when the Legislature convened its 60-day session March 2. Its first order of business this year: giving Byrd $15 million for an Alzheimer's center to be named after his father, and spending $6 million on the James and Esther King Biomedical Research Program at King's alma mater, FSU, where the $9 million chiropractic center would go. OPPOSING VIEWS Senate Majority Leader Dennis Jones, a chiropractor from Seminole and a close ally of King, has pushed for the college for the past five years. Senate Minority Leader Ron Klein of Delray Beach opposed the $30 million package, saying there was too little debate to prove that all the spending was needed -- especially in a year when the state is restricting access to subsidized healthcare for poor children. But Jones said the college proposal was studied by an independent consultant and discussed by previous Legislatures as well as the Board of Governors' predecessor, the Board of Regents. ''Many, many people have looked at this,'' Jones said. ``I don't know any other place that it needs to go other than here.'' FSU President T.K. Wetherell, a former House speaker and Bush ally, noted that the university requested the chiropractic college this year, unlike its previous stance. Wetherell also noted that the plans for the college preceded the creation of the Board of Governors. ''To bring the Board of Governors in, after the fact, probably isn't the smartest move,'' he said. ``Now, if you were to start from scratch, you would start with the Board of Governors.'' NEW RULES Graham isn't buying it. ''We have new rules, so everyone has to play by them,'' he said. Graham said Bush has fought those new rules by waiting until the last minute to make the appointments to the Board of Governors. The board's chairwoman, Carolyn Roberts, sat on the board's predecessor and was the chairwoman of the Bush-led committee set up to oppose Graham's amendment. Roberts, who calls the chiropractic college ''an unusual circumstance,'' said she understands Graham's concerns and will probably discuss them at the board's meeting Friday. But, she said, she isn't itching to take on state lawmakers. ''I don't think it's in the best interest for the State University System to challenge them,'' Roberts said. ``Our big challenge is funding. I have a good relationship with the Legislature, and I intend to keep it.''