INTHE CIRCUIT COURT

OF THE EIGHTH
JUDICIAL CIRCUIT OF
FLORDIA, IN AND FOR
ALACUHA COUNTY
Jonathan J. Ossip, Mariel Grace Rector,
Graham Clark and Michael Morales,
Plaintiffs,

vs. Case No.:

Div.:
J. Bernard Machen, as President of the
University of Florida and Agent of the
University of Florida Board of Trustees,
Patricia Telles-Irvin, as Vice President for
Student Affairs of the University of Florida
and the J. Wayne Reitz Union Board of
Managers, Defendants.
_____________________________ 1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

This is a civil action and, pursuant to Chapter 86 Florida Statutes, declaratory relief. This

Court has jurisdiction pursuant to Article V, §5 Florida Constitution and §26.012 Fla. Statutes.

PARTIES

1. Plaintiff Jonathan J. Ossip is a student at the University of Florida and a resident and

taxpayer of Alachua County, Florida.

2. Plaintiff Mariel Grace Rector is a student at the University of Florida and a resident and

taxpayer of Alachua County, Florida.

3. Plaintiff Graham Clark is a student at the University of Florida and a resident and

taxpayer of Alachua County, Florida.

4. Plaintiff Michael Morales is a student at the University of Florida and a resident and

taxpayer of Alachua County, Florida.

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5. Defendant J. Bernard Machen is the President of the University of Florida and Agent of

the University of Florida Board of Trustees.

6. Defendant Patricia Telles-Irvin is the Vice President for Student Affairs of the University

of Florida.

7. Defendant 1. Wayne Reitz Union Board of Managers (hereinafter referred to as "Board of

Managers") is the governing board of the J. Wayne Reitz Union, a subdivision of the

Division of Student Affairs of the University of Florida, as outlined in University of

Florida Regulation 6Cl-4.00S.

FACTS

8. The Student Senate of the University of Florida has placed on the ballot for the Spring

2010 Student Government election two questions regarding the creation of a new student

fee to fund repairs, renovations, and expansions to the J. Wayne Reitz Union.

9. The elections are set to be held on February 23 and 24,2010.

10. The Board of Managers, or an agent thereof, has appropriated public ftmds of the

University of Florida in order to print political advertisements regarding the student fee

ballot questions, converting these funds to campaign funds.

11. These political advertisements instruct electors to vote "Yes and Yes" on the questions

regarding the Reitz Union student fee in the February 23 and 24, 2010 elections. An

example of such is attached to this Complaint as Exhibit A.

12. Board of Managers is a proponent of the creation of the student fee.

. .
13. Board of Managers has converted and spent public funds to propagandize the proponents'

slogan, "Renew Your Reitz."

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 14. The political advertisements paid for by the Board of Managers with public funds are not

limited to factual information, and therefore are subject to §106.113 Fla. Statutes

(Expenditures by local governments). Section 106.113 Fla. Statutes is attached to this

Complaint as Exhibit B.

15. On February 18,2010, Plaintiffs rendered to Defendant Telles-Irvin, along with other

University of Florida officials, a letter outlining §106.113 Fla. Statutes and requesting the

University to cease and desist in the expenditure of public funds on political

advertisements, to cease and desist in the distribution of political advertisements paid for

with public funds, and to remove all political advertisements paid for with public funds

from the University of Florida campus, and to respond to such letter with a confirmation

of the above-listed actions. This letter is attached to this Complaint as Exhibit C.

16. Defendant Telles-Irvin did not respond to the above-mentioned letter.

17. On February 19,2010, political advertisements paid for with public funds continued to be

distributed and displayed on the University of Florida campus.

18. Defendants have unlawfully converted public funds into campaign funds used to pay for

political advertisements in support of the proposed student fee.

19. Defendants' expenditures of public funds to advertise the proposed student fee, and the

display and distribution of these political advertisements, are abusive and unlawful.

Relief Sought

WHEREFORE, based upon all the paragraphs stated above, Plaintiffs demand judgment

'against Defendants as follows:

A. An Order enjoining Defendants from expending any public funds to pay for political

advertisements in support of the proposed student fee, enjoining Defendants from

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 distributing any political advertisements in support of the fee paid for with public funds,

and ordering Defendants to remove all political advertisements in support of the fee paid

for with public funds from the University of Florida campus.

B. A declaratory judgment holding that Defendants unlawfully expended public funds to pay

for political advertisements in support of the proposed student fee, and requiring

Defendants to report to the students of the University of Florida the amount of funds

wrongfully expended, including time spent by employees during working hours

promoting the student fee.

C. An Order that Defendants pay Plaintiffs' costs related to this action.

Accelerated Hearing

Due to the immanent nature of the election (February 23 and 24,2010), Plaintiffs request

an immediate hearing on this claim.

Mariel Grace Rector

1190603 Beaty Towers West
Gainesville, FL 32612
954-803-8301
Plaintiff

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Graham Clark
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Michael MOrales
h

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1202 SW 1st Avenue, UnitF 11020204 Beaty Towers West

Gainesville, FL 32601 Gainesville, FL 32612
352-682-0004 954-534-4270
Plaintiff Plaintiff

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 JIlJ/2UlU Statutes &. Constitution :Vlew Statutes :-...
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Title IX Chapter 106
bit B
View Entire Chapter
ELECTORS AND ELECTIONS CAMPAIGN FINANCING
106.113 Expenditures by local governments.--

(1) As used in this section, the term:

(a) "Local government" means:

1. A county, municipality, school district, or other political subdivision in this state; and

2. Any department, agency, board, bureau, district, commission, authority, or similar body of a
county, municipality, school district, or other political subdivision of this state.

(b) "Public funds" means all moneys under the jurisdiction or control of the local government.

(2) A local government or a person acting on behalf of local government may not expend or authorize
the expenditure of, and a person or group may not accept, public funds for a political advertisement
or electioneering communication concerning an issue, referendum, or amendment, including any
state question, that is subject to a vote of the electors. This subsection does not apply to an
electioneering communication from a local government or a person acting on behalf of a local
government which is limited to factual information.

(3) With the exception of the prohibitions specified in subsection (2), this section does not preclude
an elected official of the local government from expressing an opinion on any issue at any time.

History.--s. 1, ch. 2009-125.

Disclaimer: The information on this system is unverified. The journals or printed biUsof the respective chambers
should be consulted for official purposes. Copyright © 2000-2006 State of Florida.

flsenate.gov/Statutes/index.cfm?p=2&A. .. 1/1
Dr. Patricia Telles-Irvin
Vice President for Student Affairs
University of Florida
155 Tigert Hall
PO Box 113250
Gainesville, FL 32611-3250
February 18,2010

Dr. Telles-Irvin:

It has come to our attention that the University of Florida Student Government and/ or the
Reitz Union Board of Managers have expended public funds, as defined under section
106.113(b) ES., to print political advertisements supporting a new Reitz Union fee, which
corresponds to a question on the ballot for the Spring 2010 Student Government General
Election, which is to be held on February 23 and 24 of this year. The expended funds come
from monies under the control of either the J. Wayne Reitz Union or Student Government,
both of which are part of the University of Florida, which is considered an agency of the
State of Florida.

These expenditures, and the distribution of material created with such expenditures, are
illegal, as stated in section 106.113 of the Florida Statutes. The University of Florida, as an
agency of the State of Florida, may not expend or authorize the expenditure of public funds
for a political advertisement or electioneering communication concerning an issue,
referendum, or amendment that is subject to a vote of the electors. The University has
converted public funds into campaign funds.

Also, regardless of the illegality noted above, we feel that these actions are morally wrong.
Student Government and/or the Board of Managers are using publici student funds for a
political campaign, and are essentially telling students how they should vote on the ballot.
This type of behavior is contradictory to the principles of a free and open democracy, and
once again raises serious questions regarding the legitimacy of the current Student
Government.

We currently have several documents that demonstrate the above-mentioned use of public
funds, and are gathering additional evidence as well.

In light of the above, we request that your office order and/ or instruct Student Government
and/ or the Reitz Union Board of Managers to, by no later than today, February 18, 2010 at
2:00 PM:
(1) Immediately cease and desist in the ordering, purchasing, or expenditure of
'funds in relation to any additional political' advertisements relate'd to the Reitz
Union fee;
(2) Immediately cease and desist in the distribution of any already-purchased
materials;
(3) Remove all above-mentioned advertising from the University of Florida campus;
and

--
 (4) Because the election is less than one week away, time is of the essence, so
additionally, please confirm to Mr. Jonathan Ossip that the above has been done.
Mr. Ossip has a smartphone and therefore can receive calls and emails anywhere.
As such, please contact him with this conflrmation by phone at 561-289-1577
and by email atossipj@gmail.com.

Failure to comply with this request may result in us seeking immediate injunctive relief in a
court of competent jurisdiction.

Sincerely yours,

~ .. -

~~athan].' OSSlP
111 Civ@ 1idDy
Mariel Grace Rector
University of Florida Student University of Florida Student

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Michael Morales -
University of Florida Student University of Florida Student

Graham Clark ~i~

University of Florida Student University of Florida Student