If I was to tell you I did not see this verdict coming, I would be lying.
A majority of the Florida Supreme Court ruled on Friday the decision by House leaders to end their legislative session more than three days early violated the state Constitution.Even though it was unconstitutional the ruling also stated it was too late to order the lawmakers to return to Tallahassee.
That ruling effectively ended the 2015 regular session which will go down in history as being mostly fueled by a budget that remains to be solved and it created a great divide between Republican leaders. None of which is good for the Republican party in Florida.
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The Justices unanimously agreed to reject the effort by Senate Democrats to force the House back into session on Friday which was originally scheduled to be the last day of the annual session. The Senate Democrats tried to argue the House’s unilateral decision to adjourn Tuesday afternoon violated the following part of Florida’s Constitution:
Justice Barbara Pariente along with four other members of the court rejected that argument saying it does not apply to adjourning “sine die” which translates to “without day.”Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.
Justice Pariente wrote:
That constitutional provision clearly does not permit one house to adjourn in any fashion for more than seventy-two consecutive hours without the consent of the other house.
The real problem is the session was required to end just one day after the Senate Democrats filed the challenge. She said:
The other four members of the court who agreed with Pariente were the more-liberal majority: Chief Justice Jorge Labarga and Justices James E.C. Perry, R. Fred Lewis and Peggy Quince.there is simply no way to mandate that the entire Florida House of Representatives return to Tallahassee to continue conducting its legislative responsibilities.
Justice Charles Canady filed a brief opinion that criticized the Senate Democrats. He said they:
Have failed to establish a clear legal right to compel the presence of the House of Representatives until midnight on May 1, 2015.
Justice Ricky Polston also signed onto that opinion.
Senate Democrats declared a victory.
Senator Darren Soto (D-Orlando) issued the following statement:I am proud that the Supreme Court agreed with us, and that this is now the law of the land for future Florida legislatures.
Senate President, Andy Gardiner (R-Orlando) said the decision:
provides important guidance to future presiding officers.
House Speaker Steve Crisafulli (R-Merritt Island) used the court ruling to take a shot at the Senate by saying:
In fact, according to the new interpretation of the Florida Supreme Court, the Senate violated their constitutional duty throughout this session when they adjourned for more than 72 hours without the House’s consent in the form of a concurrent resolution. I did not take the Florida Senate to court at the time because I did not believe that they were violating their constitutional duty, but rather conducting themselves according to the sovereignty to which they are entitled to.
Regardless, both the Senate and House will have to return to Tallahassee to pass a budget. No date has yet been determined for the special session as of yet.