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The battle over whether the Board of Governors has the power to set tuition continued today in a Tallahassee courtroom. The Board filed a law suit to clarify whether voters intended it to set tuition when the Board was created in 2002. Judge Charles Francis listened to more than two hours of arguments. State lawmakers had filed a motion to ask the suit be thrown out, which would effectively say the power to set tuition rests only with the legislature. The judge has taken the case under advisement without ruling on that point, but did deny a motion from the Pre Paid Tuition plan to enter the case on the side of the legislature. The Board had sought to impose an 8 percent tuition hike this year, but agreed with lawmakers to limit the increase to 6 percent. Senate President Ken Pruitt tried this past session to put the tuition setting power to a vote in November, but could not get the House to go along.