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Florida Supreme Court Sides With House In Session Departure

myfloridahouse.gov

The Florida Supreme Court has sided with the House of Representatives in a lawsuit filed by Florida Senate Democrats. The House left Tallahassee three days before the scheduled end of session because no agreement could be reached on a budget. 

Democrats in the Senate wanted the court to force House members back to Tallahassee for more session work, but the court denied the motion.

Florida Senate President Andy Gardiner (R-Orlando) released this statement following the ruling:

“While the writ of mandamus was denied because the court could not impose a practical remedy prior to midnight tonight, a majority of the court agreed with the Senate position that the House violated the constitution. This provides important guidance to future presiding officers.

“The Senate was ready and prepared to continue working to complete the business of the state regardless of the outcome of today’s ruling. Cooperation and collaboration between the chambers should not require a court order.”

The House adjourned its legislative business on Tuesday, three days early, and the House Speaker says they won’t be back until a special session is called. Gardiner has requested a special session from June 1 to June 20. No word yet on whether those dates will be accepted.

Neither the House nor the Senate has been willing to budge from its stance on whether to include federal dollars in the state budget for Medicaid expansion and the Low Income Pool, a fund that helps cover medical expenses for uninsured Floridians. The Senate is in favor of a modified plan for expansion, while the House wants no expansion at all.

“For now, we stand at an impasse with the Senate, and so having accomplished all that we can do, it’s time for us to go home,” said House Speaker Steve Crisafulli. He then recognized Rep. Richard Corcoran (R-Lutz), the House budget chief, for a motion. “Thank you, Mr. Speaker. I move that the House do now adjourn sine die,” Corcoran said as cheers went up in the chamber. “Members, Rep. Corcoran moves the House do now adjourn sine die,” Crisafulli said. “All in favor signify by saying yea; opposed - no. Show the motion adopted. Sine die!”

Gardiner thought the move was a violation of the Florida Constitution. He sent Crisafulli a letter asking that the House convene on Friday to continue session business. But Crisafulli rejected the request.

So, the clock is ticking. The state budget has to be done by June 30.

We sat down with Michael Van Sickler in the Herald/Times Tallahassee bureau to talk with about the conflict.

Is there any precedent for this happening – one chamber walking out early over a budget standoff?

The records only go back to 1971. This is the first time that anybody knows of a situation where one chamber just ends abruptly on a different day. Really, when people say that we’re in unchartered territory, they’re correct.

As you’ve pointed out, this isn’t really just that they can’t agree on a budget. This is really about Obamacare.

Yes, I like to think of it as kind of a proxy war on Obamacare. For the past three years, this has been an issue before the state Legislature, and Florida has staunchly refused the $51 billion in federal money that’s earmarked for expanding subsidized healthcare coverage that comes under the Affordable Care Act.

The battle has been led by the House Republicans, which have an overwhelming edge in the House over Democrats. They’ve refused over the last three years the Senate model that was a little more accommodating, more of a free market approach to expanding subsidized healthcare. This is really the first year where the Senate has basically said we’re not going to back down.

Do you have a guess as to when a special session will happen?

A lot of people are guessing that it’s going to be sometime in later May. I’ve heard June 15, but there hasn’t been a scheduled time yet. It would be a huge disaster for Republicans… if they don’t get the budget done in time. That would be a campaign commercial for the next two years. 

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